HomeMy WebLinkAbout1998 - MINUTES - 12/16/1998 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
DECEMBER 16, 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 Way, on
Wednesday, December 16, 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 LaVeta Dillman,
Chapel on the Way.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on December 11, 1998.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: Plaque to former Public Arts Commissioner Ernest Ehrhardt
Introduction of Videography Class
P.S. Fire Dept Plaque to City
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business
ELECTION OF MAYOR PRO TEM '
Mayor called for nominations for mayor pro tem for the following years; after which,
Stanley Barnes was nominated, no farther nominations were made, and Mr. Barnes was
elected Mayor pro tem for term ending December, 1999.
PUBLIC HEARINGS:
1. ZTA 5.0784 - DOWNTOWN PARKING
Recommendation: That the Council amend the Zoning Text concerning requirement for
parking spaces and in-lieu fees; and adopt a Negative Declaration.
Director of Planning & Building reviewed details of his report, which is on file with the
City Clerk, noting that although the standards were originally to have been reviewed in
1995, it was reported at that time, that some of the objectives of the original program
had not been met; and that those objectives have now been met. file reviewed each of
the components of land use and corresponding parking requirements, both current and
how those would be altered by the new standards, noting that there will be a 25% cap on
restaurant use in a mixed use project, e.g., the Vineyard is representative of
approximately that percentage at this time; that the Commission recommends the in-lieu
fee be set for new construction at $4,000, and $2,000 per space for changes to an
existing use, e.g., from a retail to a restaurant use, payable over time. He noted that the
ordinance also contained some minor language changes concerning outdoor dining areas,
for clarification. He stated that a review of in-lieu fees charges elsewhere, showed that
the cost of the fee is not relative to the cost of providing a space - approximately
$11,000 - rather to politics, and he noted various recent projects, and how the proposed
fees would have applied in to those instances, and to a new project which is in process
(Muriel's).
City Attorney stated that he appreciated the reasoning of the Planning Commission in
recommending allowing the developer to pay the in-lieu fee over a period of time;
however, his concern is that the cost of a project is financed over a period of time, and
it may be that the cost of the construction budget will not include the City's fee, and it
Council Minutes
12-16-98, Page 2
may be assumed that the in-lieu "loan" will be repaid out of operating income; that a
problem will arise if the operation is not successful, and the last payment to be made
will be the one due to the City; that some people seem to think they can make arguments
that will not hold with a bank to keep the City from trying to collect; that he believes the
' payment plan is a mistake, and the cost of the in-lieu should be a cost of the project up-
front.
In answer to question by Council, Director of Planning & Building reported that the
parking overlay extended onto the east side of Indian Avenue, but the in-lieu would not
apply; that a survey of the vacancy factor on Indian Avenue showed there were few
vacancies, and the occupancy rate is high, which was not the case on Palm Canyon at
the time of the parking program in 1992; that some properties on Indian need to be
rehabilitated, which is an owner concern, and not a tenant issue; that Indian Avenue on
the east side becomes complicated under the split in parcels, and a property could extend
between the two streets, or only face one street; that if the parking standards are not
required on Indian Avenue, the same parking lots which serve Palm Canyon are being
utilized; that a presentation was made to the Tribal Council, why it would be difficult to
stay the relaxed parking requirements only on the east side of Indian.
Mayor declared the hearing opened.
Tom Davis, Tribal Council Planning Consultant, stated that the Tribal Council opinion
is that even though there has been much progress, it maybe premature to add back the
in-lieu fee; that there are many areas along Indian Avenue which are underdeveloped
and are still struggling, as well as underdevelopment on Tahquitz Canyon, and there
should be some kind of parking incentive for both streets; and that the Council should
fairly assess the situation, especially on Indian Canyon. He commended the staff and
Planning Commission for the progress which has happened since 1992.
Doug Ellers, developer of Muriel's, stated that the new standards are important to this
project, and to attract others to the downtown, i.e., reducing the in-lieu fee, and to have
the ability to pay it over a period to time. He stated that many cities have such fees, and
the City needs to be competitive in order to attract businesses; that he will be a tenant
developer; that the high fees are a burden and make it prohibitive to rehabilitate and to
get financing, which is different if it is an ownership situation; that other cities allow
payment over time; that he understood the administrative concerns associated with the
program, but get the full amount up-front is just that much more difficult, in that banks
like to see building improvements or tangible assets.
Eric Meeks, resident, commented regarding the utility tax, and that the Council is
creating a parking tax downtown, and it should be looking at ways of shading
downtown, spray-misting, outside heat, and other things which would prolong the
season; and that the Council is merely looking at taxing in a different way, and it should
look to reducing taxes.
There were no further appearances, and the hearing was closed.
In answer to questions by Council, the Director of Planning & Building stated that a
free-standing theater could be an example of a place of public assembly; that the in-lieu
would only apply to the CBD, which is as it has always been; that the major change is in
terms of land use which would require providing additional parking, or payment of the
fee (e.g., conversion from retail to restaurant) and the Planning Commission felt that
there was no incentive needed in such situations, rather it looked at parking that serves
both Indian and Palm Canyon Drive; that parking incentives in the Tahquitz Canyon
corridor could be looked at in the Section 14 master plan.
Councilmember Hodges stated that in 1992, the downtown was dying, although that may
sound silly today, because it is thriving and doing well; that it was thought at that time
that it would be going way overboard, but the Council took the risk, and it has paid off;
that there are some parking problems and they are wonderful to have, compared to the
situation in the early 1990s.
Council Minutes
12-16-98, Page 3
In answer to question by Council, City Attorney stated that whether any owed fees were
transferable upon sale of the business would depend on how the program was initially
set up; drat if it was a lien recorded against the property, a foreclosure could wipe it out
because the lender would take priority; that the ordinance does Griot address the payment
plan, and the Council could act on it, without discussing the specifics of the in-lieu fee. ,
Mayor stated that he wanted information concerning whether administrative, legal or
other costs could be factored into any payment plan.
Councilmember Barnes stated that deposit (down payment) is not clear, and it should
perhaps be based on a percentage formula.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO THE
PROVISION OF PARKING IN THE "C-B-D" ZONE AND THE PARKING
STANDARDS SPECIFIC IN THE "D" OVERLAY ZONE; ALONG WITH
OTHER MISCELLANEOUS AMENDMENTS.
after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that
further reading be waived, and the Ordinance be introduced for first reading.
See Item 27 concerning the in-lieu fee.
2. TPM 28994 - FOUNTAINHEAD ENTERPRISES, LTD
Recommendation: That the Council approve tentative parcel imap to subdivide 1.26 '
acres into two parcels on the NE corner of S. Palm Canyon and E. Sunny Dunes Road,
C-2, Section 23 (Starbucks.)
Director of Planning & Building highlighted his memorandum, adding that the staff was (119••
seeking guidance regarding the median island for traffic control, in that the developer is 001)
required to install and maintain the island; that the staff recommends that the City pay
for it; that the area is a redevelopment project area and one in which there has not been
any new developments of consequence; that the project will add tax increment, sales tax,
and enhance the general image of the area, which are extenuating circumstances the
Council may want to consider.
Councilmember Oden stated that the projected cost of the island needed to be re-
examined, in that it seemed excessive.
Mayor declared the hearing open.
Craig Smith, representing the applicant, stated he was available for questions; and that
$400 per month to maintain 900 square feet of landscaping is excessive.
There no further appearances, and the hearing was closed.
Res 19429 as recommended, was presented; after which, it was moved by Oden,
seconded by Barnes, and unanimously carried, that R19429 be adopted, subject to
deleting condition for the developer to maintain the landscaped median. '
3. PD252 &TPM 28907 - GOLDEN STATE ENTERPRISE, LLC.
Recommendation: That the Council adopt a mitigated negative declaration and approve
a preliminary-planned development district and tentative parcel map for an 8-lot,
multiple-phased, commercial/retail center on 23'.15 acres on north side of Ramon Road, (119-
west of Avenida Evelita, M-1, Section 18. - 001)
(116-
Director of Planning.& Building reviewed his memorandum, and plans displayed on the J!�P )
board, showing architectural elevations and relationship to surrounding land uses. In
Council Minutes
12-16-98, Page 4
response to questions, he stated that the AM/PM is the only building to be constructed at
first, other lots could be developed at anytime; and that the lots are small, and a lot line
adjustment might be appropriate in the future, but the property could reasonably
accommodate two fast-food operations, and the amount of parking available dictates the
type of uses.
' In response to question by Councilmember Barnes, City Attorney explained the
distances between property ownership and a proposed project location in terms of
conflict of interest provisions, (300-ft to 2500 ft) and the question to be answered is
whether the project will financially affect the value of the property he owns by $10,000
or more.
Councilmember Barnes stated that he did not have a conflict.
Mayor declared the hearing opened.
Mike Harris, attorney representing the developer-landowner, stated that Damon Prieto is
an enrolled and allotted member of the Agua Caliente, and it is unique that he is also one
of the developers; that the efforts of the staff are appreciated, and suggestions which
were made; that a traffic engineering recommendation called for the signal at El Placer
and Ramon to be installed at a later date, however, the developer desires to do so now,
which would be in the best interest of the project and the users of the project crossing
Ramon Road; and it is hoped that the second phase of the development will follow
closely after the first phase is completed.
There were no further appearances, and the hearing was closed.
In response to question by Council, Director of Planning & Building stated that traffic
' signal spacing was looked at, and the preference is not closer than 1,000 feet to 1/4
mile; that the project meets that criteria, and is at the logical location between El Cielo
and the carwash to the east, and there probably will not be much more in that area
because the Airport is on the north side; that the Traffic Engineer is agreeable to an
earlier installation, and his issue in requiring it later was related to meeting warrants.
Councilmember Hodges stated that the AM/PM will serve as a grocery store to many
residents who live south of Ramon Road, and the signal would aid in safe crossing of
the street.
Councilmember Oden stated he appreciated installing the signal, and would otherwise
have had a concern.
Director of Planning & Building stated that the proposed resolutions includes installing
the signal in the first phase.
Councilmember Barnes stated he appreciated the owner-developer relationship; that the
project is well-done and needed in the location; that he agreed with the comments
regarding the signal; and that weighed against the amount of traffic and the volume
against which a person would be crossing in an attempt to turn-left, he felt it justified
during the first phase.
Mayor agreed as to the concern about the frequency of signals and the distance between
' them, and is concerned about protecting the traffic flow on Ramon Road.
City Manager stated that the signals will be phased and interconnected, which will be
paid for by the Airport.
Resolution 19430 as recommended, was presented; after which, it was moved by Oden,
seconded by Hodges, and carried by the following vote;that R19430 be adopted:
AYES: Barnes, Hodges, Oden& Reller-Spurgin
NO: Kleindienst
ABSENT: None
Council Minutes
12-16-98, Page 5
PUBLIC COMMENTS:
a) Comments concerning Item 4:
Phil Tedesco, resident, stated that the Mt. Falls project probably will not be '
completed in his lifetime; that he was discouraged by the Council approving a
permit to allow converting a residential property to a commercial use; that the
Council established a benchmark precedent, which will incur the wrath of the (078_
community; and that people are very willing to fight this project on more 072)
equality basis to provide economic development in line with the village and
international atmosphere of Palm Springs.
Bob Seale, resident, stated that the Council must adopt a statement of overriding
conditions that the project is necessary and vital for the municipality's survival,
e.g., an airport or hospital, and that a profit golf course and condominium
project does not warrant that kind of statement; that 70% of the residents
opposed the project, according to the Desert Sun; that people do not have
representation equal to that of the developer; that no financial analysis has
shown that the project is a bonanza that warrants making the overriding
statements; that the proposed statement is a joke, and will not hold up in court;
that the "big picture" is not only for the tourist, rather the quality of life,
serenity and neighborhood; and that the Council should guarantee that the will
of the majority rules.
David Rothstein, resident, stated the he felt the Council has done many good
things, but was making a mistake with this project; that he questioned why a
second Arnold Palmer course would provide economic bonanza when the first '
one has not done so; that the only assured revenue to the City is the $83,000,
including utility tax, that may or may not be around if it ever gets built; that the
City currently refunds TOT to the Holiday Inn, nor does the Casitas pay it, so
referrals would not be helpful from that standpoint; that he questioned how the
Council will deny permits for the controlled use of celebrity homes, or the
conversion of large homes to Bed & Breakfast establishments; that existing
homes have already lost value; and that progress does not happen at the sacrifice
of residential neighborhoods.
Marian Hargrave, resident, stated that a city must have business, commercial,
industrial and residential taxpayers; that there is no balance here; that the
residential portion has not been attended to; that she favors a new golf course,
but in the appropriate location (northern and southern areas of the city) where
there is adequate land; and she opposed the arbitrary zoning.
Jack Sidney and Sherry Sidney, residents, also spoke in opposition. Mr. Sidney
contended that the Mayor could not vote because he left the meeting before the
final action was taken on November 18, and because of potential real estate
sales. Mrs. Sidney stated that the parking lot lights will be on all night, and that
they were told that nothing would ever be constructed behind the dam.
Eric Meeks, resident, supported the project, and suggested a waterfall and pool
be considered at the upper elevations for the Big Horn Sheep, and then
reclaimed at the bottom; that the chainlink fence around the neighborhood '
should be removed, and make the bikepath and fire emergency road on top of
the berm, scatter trees all around, and the type of grass the sheep can eat, and
make the area the best viewing platform in the Valley.
Paul Selzer, attorney for Preserve Golf, stated that regarding the revised
condition for hours of operation, "one hour after sunset" is acceptable, but in
connection with a golf event, they -would ask to stay open until 9 p.m, year
round because sunset changes from 5:40 p.m. to 9:03, and he was not sure how
reasonable that is to monitor, and it might be preferable to have a firm time;
Council Minutes
12-16-98, Page 6
and he did not think the neighbors' sleep would be disturbed if the time were set
for near 8:30, with the 9 p.m. exception for golf events.
b) Comments on Item 6, 7, 8 & 9
' Dick Sroda, resident, stated that it will not solve the communication problems
of the City; that its in-house telephone list is three years old; and that the City
must have equipment, and know how to use it; that he questioned why the City
has to pay for basic driving knowledge; that the amount of money to Rutan &
Tucker concerning Item 8 could be substantial; and that Item 9 was adding 8
positions to the budget, providing increases to the City Manager's Department,
and a terrible present to the taxpayers.
c) Comments on matters not related to an agenda item:
Joy Meredith, Crystal Fantasy, commented regarding confusion in response to (103-
how the City is and will be administering the new downtown parking program, )
and urged that the implementation cease, until all of the bugs are worked out.
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.
b) Councilmember Oden stated he would like to see the Girls & Boys Club Golf
Course Tournament return to Palm Springs, and asked that the staff work with
the promoters in that regard; that he supports the downtown parking
management program, and the reasons for its establislunent, and he was
concerned that it has not been communicated effectively to the community
before proceeding with it; [hat he did not recall anything about parking
validation; that it supports the need for a PIO to tell the City's own stories, and
assure communication, which is essential, is reached by all concerned parties
and affected communities.
C) Mayor noted the passing of Thor Fredrickson, an original Board of Appeals
member, who served 42 years on the Board; that three SCAG appointments are
needed, and he indicated the meeting dates and times, all meetings in Los
Angeles; and reported on an MSRC Grant for purchase of two zero-emission
electric vehicles for a total of$13,000.
LEGISLATIVE ACTION:
4. GENERAL PLAN AMENDMENT & CHANGE OF ZONE & CUP 5.0730 - MT.
FALLS GOLF PRESERVE
On November 18, 1998, the Council closed public hearing, and directed preparation of
necessary actions to approve the Planning Commission recommendations, with added (101-
condition concerning after dark activity. A consolidated hearing was conducted. 011)
(078-
Plannhtg Commission Recommendation: Amending the General Plan to realign portion 072)
of bike trail west of Tachevah Dam; and a zone change from W-R-1-A to 0-20, related
to the Mt. Falls Golf Preserve project; and
Planning Commission Recommendation: Approve application by Mt. Falls Golf
Preserve Company for an 18-hole championship golf course/clubhouse/twenty
residential units and related golf facilities on 359.08 acres located west of Via Monte
Vista, adjacent to the Tachevah Dam at the base of the San Jacinto Mountains.
nr
it,1
Council Minutes
12-16-98, Page 7
Director of Planning & Building reported that following the public hearing, the Council
directed staff to develop actions for approval, and to look at one issue more closely; that
during the public hearing, a lot of testimony and materials were submitted; that State and
Federal Agencies commented, and Fish & Game submitted some information, mostly of
the same type and the same information used in preparing the draft and final FIR, and '
nothing new was found, nor anything that would change the concbasions in the final
EIR; that the BHS Institute submitted data, aerial photographs and Field notes of 247
sightings; that the information was not usable, but staff'plotted that and found that the
247 confirmed data in the EIR that the sheep use the upper elevations and do not came
down to the lower elevations, and barely onto the project site; that there were only two
sightings within the project boundary and those were above the golf course; that the
Institute was asked before to provide information, but it did not do so., and there has not
been any response to date; that law firms mainly represented neighborhood clients or
organizations, and mainly dealt with endangered species act, neighborhood opposition,
and state law, all of which also did not change the information in the final EIR. He
displayed aerials showing the proposed boundaries of the BHS sightings, and noted that
the developer will be required to pay if outside sources are needed to monitor the
mitigation measures; that he understood the Council wanted to have the operation hours
close after dark to reduce lighting impacts; that one hour after sunset was the criteria
used; that, additionally, use of the clubhouse and restaurant for on-site tournament
events, e.g., awards dinner, be allowed, as long as it is completed by 9 p.m.; that golf
course main lighting would be turned off 2 hours after sunset, and any remaining
lighting would be limited to security lighting in the parking lot area; that such conditions
will reduce the impact on the immediate adjacent homes and cut down the amount of
night time activity.
Councilmember Reller-Spurgin stated she felt the parking lot lighting was an important
concern, and at the last meeting, expressed her concern about properties on the north
side of the project and her field trip to those homes to look at the backyards and get a ,
feel for what it would be like, and that they will definitely be affected; that one idea
might be to move the caritas from the to act more as a sound buffer, and not have tight
hours at the restaurant; that tournament dinners are not acceptable; that the attempt was
to try to mitigate the effects of noise and light that would be experienced from the
parking lot by the neighbors.
Councilmember Odell stated that there is no question that the four homes on Crescent
will be affected; that some additional changes have been made that will make some
differences; that the developer has said that they could eliminate the dinner hour at the
restaurant; that at the hearing, there was a lot of debate from biologists, and one thing
was that the sheep are affected by urbanization; that this project is different from other
projects down valley, e.g., there are no streets that sheep might try to cross, and a
financial contribution will be made to support the studies about the sheep preservation
and conservation; that the project will be an economic benefit for the City and expand
the tax base; that the project is not a single bonanza to the community, but will add to
the infrastructure; that it will not solve all of the City's problems, but it will add both
skilled and non-skilled jobs, and its construction will have a positive impact on the
cotmnmtity's economics; that it will set housing needs for a higher income category; and
that he thinks it is a good project, and still supports it.
Councilmember Barnes stated that that Tahquitz Resort Course is an Arnold Palmer
Managed Course, and the proposed project will be an Arnold Palmer Signature Course,
which is very different; that it will disturb the area as little as possible, which is the '
trend today in golf course development, and it is a product that golfers look for; 'diat
areas are designated for preservation and ties in with mitigation for the BHS; that the
project is not a panacea for the community, but an addition to what is in place; that there
was always a concern to take care of the neighborhood, parking lot was lowered and the
lights were lowered, a berm was added, and now stopping operations at sunset; and that
he thinks it is a good package.
Council Minutes
12-16-98, Page 8
Mayor (note: stated he had viewed the tape of the remainder of the November 18
meeting) stated that the concern seems to be the interaction between the parking lot and
the existing homes on the north; that if the mitigation measures for noise and lights is
workable, the almanac hours should not be an issue; that if it has not, then the time must
' be qualified; and that if the influences are mitigated, the time is less relevant, i.e., walls,
trees, lowered parking lot and lights, with the increased aesthetic appeal being an
additional benefit. He stated that it is a conditional use permit, and if there are
complaints, it can be looked at again.
Director of Planning & Building stated that the draft and final EIR dealt with a series of
mitigations, e.g., the wall, heavy landscaping, berms, lowered parking lot, and shorter
bollard lights. He stated that the wall height is usually 6 feet from the elevation of
house grade.
Councilmember Oden stated that in proceeding with the mitigation measures, the
homeowners will keep the City aware of whether they are working.
Mayor stated that all elevations were exactly the same, and the height of the bollard is 5
feet, the fixture could not be seen from the other side of a 6-ft wall, which when added
to the landscaping, it could be said that the mitigation was in place, and if more was
needed, another tree could be planted.
Councilmember Barnes agreed with the lighting analogy, and stated that the noise is still
a concern, and it was not unreasonable to close the clubhouse at 9 p.m.
Councilmember Hodges stated that she felt 9:30 p.m. was extremely late; that there will
be activities which are not appropriate in a residential area; that she was extremely
concerned about the residents in the area, and felt that they have not had much attention
' paid to them; that she did not think their concerns were addressed; that 800 people
represents a substantial amount of opposition to any project in any area, and she felt it to
be extremely important and relevant; and that she would like to see Palm Springs
negotiate a group meeting similar to that hi Rancho Mirage, to become more informed
and educated about the BHS. She questioned if she would be eliminated from any
lawsuit that might be filed in connection with the Endangered Species Act, in voting
against the project.
City Attorney stated that the people filing the lawsuit determine who they wish to name,
in the suit.
Councilmember Hodges stated that it is a beautiful project and golf course, but sets a
precedent of rezoning, and additional properties in the City, e.g., the large estates that
might be suitable for bed and breakfast establishments, will come in for conditional use
permits, and they would, in fact, make gorgeous settings; that approval will open a can
of worms; that she was not convinced that the City actually needs another golf course,
although destinations like Shadowrock and Canyon are needed.
Resolution 19431 certifying EIR, adopting Statement of Facts & Findings; Statement of
Overriding Consideration; and Mitigation Monitoring Program; Resolution 19432
amending General Plan; Resolution 19433 conditions of approval for the CUP
(establishing 9 p.m. close, with lights, except security, off by 9:30 p.m.); and
' Ordinance, entitled:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP FROM W-R-1-A (WATERCOURSE WITH
SINGLE FAMILY RESIDENTIAL - 20,000 SQ. FT. LOT SIZE) TO 0-20
(OPEN SPACE - 20 ACRES MINIMUM TO SIZE) LOCATED IN SECTION
10.
(title read by City Clerk)
Council Minutes
12-16-98, Page 9
were presented; after which, it was moved by Barnes, seconded by Oden, and carried by
the following vote, that Resolutions 19431 through 19433 be adopted, and that the
ordinance be introduced for first reading (Councilmember Hodges waived reading of the
ordinance):
AYES: Barnes, Oden, Reller-Spurgin& Kleindienst '
NO: Hodges
ABSENT: None
5. PS INTERNATIONAL FILM FESTIVAL- SANCTIONING
Recommendation: That the Council sanction the P.S. International Film Festival for the
remaining tern of Agr 3090 with the Film Festival, which expires June 30, 2002, and (050-
suspend certain regulatory ordinances for the 1999 event. City Manager highlighted the 010)
memorandum of Director, Director of Transportation.
Minute Order 6283 and Resolution 19434 as recommended, were presented; after
which, it was moved by Reller-Spurgin, seconded by Oden, and Unanimously carried,
that M06283 and R19434 be adopted.
6. YEAR 2000 "Y2K" COMPUTER SYSTEMS UPGRADE
Recommendation: That the Council approve a contract, in form acceptable to City
Attorney and administration, with Tiburon, Inc. to upgrade existing police and fire (117-
computer aided dispatch and police records management system for $703,196; authorize 048)
Procurement Manager to participate in a CMAS agreement with Deli Computer (084-
Corporation to purchase 100 desk top computers at a price of $1,1189 plus tax, total of 017)
$129,300, and a CMAS agreement to purchase network servers, software licenses and ,
software, not to exceed $80,283; and authorize supplement under City Master Lease
with CaLease not to exceed $588,310, A4050 and A4035.
City Manager reviewed the memorandum of the Director of Communications, and stated
that staff is working diligently to meet the compliance date; grants and CaLease cover
the costs.
Mayor requested a report as to compliance on other computerized systems, e.g.,
communications, signals, parks, etc.
Minute Orders 6284, 6285, 6286, 6287 as recommended, were presented; after which,
it was moved by Barnes, seconded by Oden, and unanimously carried, that M06284
through 6287 be adopted.
7. DEFENSIVE DRIVER PROGRAM
Recommendation: That the Council approve an agreement with the City of West
Covina, for 8 hours of instruction for both employees and volunteers in the Citizens on
Patrol who drive City vehicles, for a total of$49,910, A4051. (110-
006)
City Manager highlighted his report, and stated that it is less expensive to bring the
training to the City, than to have the participants go to West Covina.
In response to question by Council, Risk Manager stated that while some drivers may ,
receive basic training, others will receive advanced instruction, e.g., police and fire
responded to Code 3 situations; and that the training is a defense in lawsuits.
Councilmember Barnes noted that it is more than basics, e.g., skid avoidance and other
aspects applicable to the type of driving a particular employee might do, and could result
in cost reductions.
Mayor'stated that this is a litigious society, and anything that can be done to prevent
exposure, or training people to prevent accidents, should be taken.
Council Minutes
12-16-98, Page 10
Minute Order 6288 as recommended, was presented; after which, it was moved by
Oden, seconded by Barnes, and unanimously carried, that MO6288 be adopted.
8. BUDGET AMENDMENT- A.D. 155 ACTION PLAN
' Recommendation: That the Council appropriate $25,000 from the Assessment District
155 fund balance, as the City's contribution to the action plan for legal expenses. City (061-
Manager noted the memorandum of Director of Finance &Treasurer. 023)
City Attorney stated that, ultimately, the cost could exceed $25,000; however, it would
come back to the Council with specific points, to determine if it really needs to go
forward, or to opt out.
Resolution 19435 amending the budget, as recommended, was presented; after which, it
was moved by Hodges, seconded by Oden, and unanimously carried, that R19435 be
adopted.
9. MID-YEAR BUDGETARY PERSONNEL ADJUSTMENT
Recommendation: That the Council approve the allocated position table based upon
some additional personnel, positions eliminated and reclassifications based upon a mid-
budget year analysis; effective January 1, 1999.
This matter withdrawn, and to be rescheduled for January 20, 1999.
10. ORDINANCE FOR SECOND READING & ADOPTION (Intro. 12-2-98)
City Clerk read title of Ordinance 1564Aamendnng the Municipal Code concerning
' exceptions to competitive bidding requirements through participation in governmental (103-
cooperative purchase programs; after which, it was moved by Hodges, seconded by 048)
Barnes, and unanimously carried, that further reading be waived, and that 01564 be
adopted.
11. ADDITIONAL LEGISLATIVE ITEMS: None,
CONSENT AGENDA:
In response to questions City Manager reported that concerning Item 23, the products were
purchased, and it was an error in the process, and will not occur again.
12. MO 6289 awarding contract for construction of parking improvements for the Airport's (051-
Surface Transportation dispatch& Staging Facility to Matich Corp for $381,179 , CP98-11, 095)
A4052.
13. MO 6290 approving agreement and donation of funds assignment agreement with Variety (115-
Children's Charities of the Desert and Miracle Recreation Equipment Company, for Sunrise 003)
Plaza play equipment, A4053 and 4054.
14. Res 19436 canceling Agr 3883 with Mini-Bus Systems, Inc., dba Super Shuttle, effective (143-
12-31-98. 008)
' 15. MO 6291 approving Program Supplement 017-R1 to State Master Agr 1459 for preliminary (090-
engineering, construction and construction engineering for city-wide sidewalk and bikeway 001)
gap project, CP93-50, for estimated $433,752 (88.53% grant funded).
16. MO 6292 authorizing purchase and installation of necessary equipment and software for the (117-
optical imaging system in the City Clerk's Office, not to exceed $15,000; and Res 19437 048)
appropriating $12,000, therefore.
17. MO 6293 awarding contract to Sierra Pacific Electrical Contracting for $125,963 for (130-
construction of a traffic signal at El Cielo and Baristo, CP97-35, A4055. 004)
Council Minutes
12-16-98, Page 11
18. Res 19438 declaring intent to vacate right-of-way for a portion of Sunny Dunes Road, west (145-
of Calle Amigos, and set hearing for January 6, 1999. 001)
19. Res 19439 approving Final Parcel Map 28918 to divide property at 2359 Tahquitz Canyon (119-
Way, Lamar Palms Associates, L.P., Section 13. 001) '
20. Res 19440 approving Final Tract Map 28852 to divide property at 1350 Sunny Dunes Road, (137-
Electric Avenue LLC, Section 23. 110)
21. Res 19441 approving Final Parcel Map 28994 to divide property at 694 S. Palm Canyon, (119-
Fountainhead CSG, Section 23. 001)
22. MO 6294 approving purchase of a Toro 72-inch rotary mower from California Turf, for (084-
$17,552.48, for grounds maintenance at the Airport. 016)
23. MO 6295 authorizing expenditure of$11,182.70 to Cook Street Printing for printing and (084-
binding services for the 1998 Recreation brochure. 016)
24. MO 6296 approving a CMAS schedule contract with GTE to provide Internet service (117-
upgrade and Internet services for three years for $1,461.50 per month. 048)
25. MO 6297 authorizing City Manager to approve a Change Order with Bergelectric for work
related to a new electric service for the Airport, not to exceed $150,000, and clarifying that (051-
such authorization does not reduce the 2.5% change order authorization provided by 095)
R19221. A3958.
26. MO 6298 approving Change Order 1 to Valley Crest for an increase of$7,580.60 for the (143-
P.S. Train Station, Phase 2, CP97-08, A3963 006) '
27. See Item 30.
28. Res 19442 and 19443 approving Payroll Warrants and Claims & Demands
Note abstentions, if any: (086-
Councilmember - Warrant # - Payee - Particular Nature of Conflict 018)
Hodges 937755 DWA Client of Employer
937701 Bldrs Supply
937883 Pref. Plumb
938037 EL Yeager
938038 EL Yeager
Reller-Spurgin 937928 Spurgin Spouse
29. MO 6299 amending the Master Bail Schedule to add Parking Bail items. (114-
004)
It was moved by Oden, seconded by Hodges, and unanimously carried, that MO6289
through 6299, and Resolutions 19436 through 19443 be adopted.
30. COMPREHENSIVE FEE SCHEDULE - IN-LIEU PARKING
Recommendation: That the Council amend the Comprehensive Fee Schedule concenung
in-lieu parking fees for new and existing construction. (See Item 1). '
(114-
City Attorney stated he did not have answers as to down payment or payment over time, 010)
and suggested that it be deleted and staff come back with details as to how that will
work, and that the Council decide if it wishes to have a deferred type of payments
program. He restated his concern that it helps the developer, and creates headaches for
the City.
Councihnember Oden stated he would like to see the program take place; that the City
does not have a lot of money to offer to developers who want to come: here; that this can
be an incentive, recognizing that not everyone may succeed.
Council Minutes
12-16-98, Page 12
Councilmember Hodges stated that she would like to see some kind of payment
program; that often banks will not finance in-lieu parking, and that may not be an
option; that $40,000 in-lieu fees could wipe out a project; that she favored a substantial
' down payment, and then payment over a period of time; and that the issue of
transferring to a new business should be resolved.
Director of Planning & Building stated that the intent was to give credit for only those
parking spaces that were paid for, which would run with the land, and not be
transferred; that anyone who re-opened a business would have to comply; and that there
will be a permit criteria, which will come back to the Council for detail approval.
Mayor stated that the dollar amount of the fee is acceptable, and details will come back
as to the specific deferred payment program; that it would not be fair when one pays and
another does not, and there must be some recourse to the City; that he appreciated the
City Attorney's comments, which is his business to make. He added that the goal is to
encourage development, without preventing recovery of the funds.
Councilmember Barnes stated that ten years is too long, and the percentage of down
payment might be 40% with a payback over a maximum of five years, and anything
longer than that results in not recovering what is needed to build the facilities for which
the funds are being collected.
Resolution 19444, revised to delete time payments, and establish only the two fees, was
presented; after which, it was moved by Hodges, seconded by Oden, and unanimously
carried, that R19444 be adopted.
ADDED STARTERS: None
' REPORTS & REQUESTS:
30. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer's htvestment Report - September & October, 1998 (121-
002)
CITY COUNCIL reports or requests
a) Member Oden stated he was concerned about the downtown parking program (103-
implementation, and that it may cause more harm at this point, and it might be )
better to delay issuing citations until it has been presented in a comprehensive
and systematic way as to how it will be administered, and that businesses are
aware of.
City Manager stated that fire program took a lot of time inputting together, and
he wanted to review it intelligently, and that there are some contractual
relationships involved; that currently enforcement is issuing courtesy notices,
and he will use his judgment in continuing enforcement.
b) Councilmember Hodges requested a report indicating the number of grants
acquired in past three years, noting that the police grants are a good example of
the effort to obtain grants.
' c) Mayor requested a report be presented at the first study session in 1999 relative
to a Public Information officer, and to have a full discussion including the
Airport, for action by the Council on January 20, based on a strong
recommendation by the City Manager as to how that can be accomplished.
' ,Y1' -..1
tlF
Council Minutes
12-16-98, Page 13
PUBLIC reports or requests
a) Eric Meeks, resident, thanked the Council for: a reduction in the utility tax, reduced
police costs to VillageFest, the Festival of Lights Parade, and the best float in the
parade. '
Mayor noted that Karyn Barnes is the Chair of the Festival of Lights Parade.
STAFF reports or requests
No study session to be held December 23 or 30, 1998.
ADJOURNMENT
There being no further business at 10:48 p.m., the Mayor declared the meeting adjourned.
\ /��JUDITH SUMICiH
City Clerk