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HomeMy WebLinkAbout1999 - MINUTES - 1/6/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES January 6, 1999 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 Tahquita Canyon Way, on Wednesday, January 6, 1999, 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. Andrew Green, Church of St. Paul's in the Desert. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 31, 1999, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date, PRESENTATIONS: Positive Alternatives for Youth, presented checks to recipients from the Tram Challenge; and Police Chief presented award to Terry Weiner for contribution to the Police Department. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business ' APPROVAL OF MINUTES: It was moved by Hodges, seconded by Oden, and unanimously carried, that the Minutes of November 16 and 23, 1998, be approved. PUBLIC HEARINGS: I. STREET VACATION - VIA VAQUERO Recommendation: That the Council vacate a 5-ft portion of the right-of-way dedicated for the north and south sides Via Vaquero, east of Compadre Road. (145- 001) City Engineer reviewed the memorandum of the Director, Dept. of Transportation, noting that the remaining portion of the right-of-way meets requirements for a 50-ft street; and the dedication of the right-of-way was made about fifty years ago. Mayor declared the hearing open; there were no appearances, and the hearing was closed. Resolution 19445 as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, that R19445 be adopted. ' 2. STREET VACATION - SUNNY DUNES ROAD Recommendation: That the Council vacate a 14-ft portion of the right-of-way dedicated for the north side of Sunny Dunes Road, west from Calle Amigos, for a distance of (145- approximately 299 feet. 001) City Engineer reviewed the memorandum of the Director, Dept. of Transportation, noting that the vacation was a requirement of the conditions of approval of Tentative Tract Map 25852, approved in late 1998, and currently is in excess of the required 30-ft one-half street for a collector street. Council Minutes 1-6-99, Page 2 Mayor declared the hearing open; there were no appearances, and the hearing was closed. Resolution 19446 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, that R19446 be adopted. 3. HSPB 36 - 400 N. BELARDO ROAD ' Historic Site Preservation Board Recommendation: That the Council designate the site occupied by the American Legion Post No. 519 at 400 N. Belardo Road as a historic site, Class I (Note: Staff recommends a Class 2 designation). (076- Planning Manager reviewed the memorandum of the Director of Planning & Building, 001) noting that the Board spent a lot of time deliberating the designation, and agreed that the building is not of the same high level of integrity as other Class I buidlings of the same architectural character, but that it did qualify under the minimum requirements and definition of the Municipal Code. He stated that staff recommended that a Class :d designation be considered, because the building is not a fine example of its type of architecture of the Modern Era, and because it has had changes to both the interior and exterior; and that a Class 2 would allow a plaque to memorialize the events that took place there, but would not require that the building be preserved as would be under the Class I designation. He added that if the Class I designation is determined appropriate, the staff recommended that the changes that have been made be explored as to restoring them to their original state, e.g., the entry. Mayor declared the hearing open. Buzz Waltz, Commander, American Legion Post 519, stated that the building was used as a broadcast for radio, dances, and other events during W.W.II by many celebrities, , as well as for local dances and the municipal courthouse; that Legionnaires return year- after-year and enjoy its history; and that the radio broadcasting booth will be restored to its original state. He requested the Class I designation to preserve the building. Dick Sroda, resident, supported the Class I designation, and stated it would be good for the community; and that he doubted the City staff had expertise in historic preservation, and it is the community that says it qualifies as its history. Chuck Rogers, past Commander of Post 519, stated that the only changers to the exterior related to the entry, and that was required by the Fire Department; and the history tells the story of the building and records the names and events of people who used the building; that Frank Sinatra held an event which raised $10,000 for the front of the building. He desccribed the interior of the building. Kitty Kieley, resident, stated she was one of the original members of the HSPB, and explained how the ordinance came about; that the Board at that time identified sites built before 1946 and made determinations as to their significance to the; history to the community, not to their architecture; and that the subject site was used by schools, for plays, community events, municipal court, and most importantly a site which honors veterans and is the only patriotic hall in Palm Springs. She urged supporting the Board recommendation. There were no further appearances, and the hearing was closed. Councilmember Hodges agreed with the Class I designation, and added that she was ' never under the impression that a site was designated because of architectural beauty or aesthetics, rather because of its contributions or something else about it which added to the community over the years; that this site has done that, and she did not think it to be a bad looking building either; that a Class I gives it the protection, and preserves it; that full protections should be made of historic sites; and that since the staff report implies that someone wants to remove it for future development, it is further reason to make it a Class I. Council Minutes 1-6-99, Page 3 Councilmember Barnes agreed, and added that this site is the first to address the communities history, and he appreciated architectural significance in other cases as well, but this should be a Class I. Councilmember Oden stated that the Code provides that a Class I exists as it did during ' the historical period, or is restorable; and that he had no problem with the historical significance of the building, and requested clarification as to the changes that were made, and the ability to restore them to the condition they were in before. Planning Manager stated that under the State Historic Site Code, the entryway could be looked at as to possible restoration, given the Fire Department requirement; that there were changes as well to the interior, and the Code provides that interiors are looked at for public buildings; that staff considered this to be a quasi-public building, and that much of its history is related to the interior; that the main hall has changed drastically; that the Post representative stated that the radio broadcasting booth would be restored, and that would be great, but the remainder probably would be very expensive to restore; that it is possible grants might later be available under a program which is being explored that would certify the City eligible for funds; and that individual grants are very limited. Mr. Waltz stated that there was no problem restoring the entry. Mayor stated that its procedurally difficult to have a staff recommendation opposed to a Board recommendation, and that such discussion might best be reflected in the minutes, and the Council can review them in that manner; and he questioned why this was brought forward in this manner. Director of Planing & Building stated that in certain instances, the staff feels obliged to ' share information with the Council which it shared with the Commission; that the site is in a strategic location, and it was believed to be important that the debate take place so it was clear on the Council's part as to a decision for Class I what that designation would mean in terms of development. Resolution 19447 (Class 1), as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried, that R19447 be adopted. 4. HSPB 37 - 2901 N. PALM CANYON DRIVE Historic Site Preservation Board Recommendation: That the Council designate the former Tramway Gas Station as a Class 1 Historic Site. Planning Manager stated that the Council is aware of the background of this site; that the 078 new owners have requested the historic site designation; that some demolition work has 001) started; that there will be a General Plan amendment which will allow the sculpture- gallery-garden to be on the site; and that the Board recommends the Class I designation. Mayor declared the hearing open. John Connell, resident, thanked all parties involved for reaching at a win solution, which preserves the building, and that he was happy Mr. Frey lived long enough to realize that the site would be preserved. Montana St. Martin, co-owner of the site, expressed the goal to restore the building to its 1965 condition, and to conduct his sculpture-landscape business, including lighting and a reflection pool. Eleanor Corkle, Chair, HSPB, stated that this has been a long journey, and was pleased to have arrived at a win-win solution. There were no further appearances, and the hearing was closed. Council Minutes 1-6-99, Page 4 Councilmember Oden stated that the Council has had quite an experience in the designation of this building; that there are only two like it in the world; that he has continued to believe that the building needs to be preserved; that it has served as a demarcation for people to know they had arrived in the desert; and that prior opposition was that in preserving it, development would cease which has not turned out to be the ' case. Councilmember Reller-Spurgin stated that it is a win-win solution, and the way it should be, in that a property owner comes forward with the request for a historic site designation, which is what happened. Councilmember Barnes stated that things can be worked out with patience, and he was excited about the prospects of the new business as well, which appears well-suited for the site. Councilmember Hodges stated she no longer has a conflict of interest, in that the prior developer is no longer involved, and that she favors the designation, and looks forward to the new business as well. Mayor stated that he also no longer had a conflict of interest, and noted that when owners do not want a designation, the community has split feelings and the Council, Board and staff must make difficult decisions; and that he was extremely pleased with the proposal for the community, and for preserving a significant piece of architecture. Resolution 19448 as recommended, was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R19448 be: adopted. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: ' John Connell, resident, "arrested" the Mayor, Councilmemhers, City Manager, City Attorney, and persons from the audience, to be "jailed" to raise funds for the Police Athletic League on January 9, 1999 at 9 p.m. John Tymon, resident, commented regarding a recent drowning, and suggested that a good neighbor policy should endure, and he did not think the Spa Hotel did all it could in that matter, and security could be pulled in to be used in the pool area. Don Frank, resident, added that he thought the drowning was indicative of things that happen because of gambling; that he thought the petition concerning the Wastewater Treatment Plant would soon filed, and that there may be recall petitions. Fred Ebeling, resident, suggested that "public comments" be at the beginning; of the meeting; that there will be a city election in ten months; and he thought it scary that public officials do not defend their policies, e.g., the super shuttle, parking, and the treatment plant. The following persons spoke concerning the Downtown Parking Management (108- Program: 004) ' Steve Sims, resident, expressed willingness to be involved in a bicycle program, not commercially, but for education as to alternate means of transportation. Dale Overturf, resident on Palm Canyon Drive, stated that there is no provision made for people whose residences are on Palm Canyon Drive, and there is no provision for even purchasing a permit. Sarita Parra, resident, employee of the Face Place, commented that there is no designation for employee parking, and there is much confusion about it; that she Council Minutes 1-6-99, Page 5 receives feedback from her clients, who are not happy about the situation; that many services take 2-3 hours to complete. JoAnn Martindale, businessowner on Palm Canyon, stated she was not opposed to a parking plan, but did not think all of the problems have been addressed, ' i.e., short-term, pickup of items. Gieselle Cohen, resident, stated that she works downtown and is a single parent, and cannot afford to come to work and pay $450 per year for parking, and if she could have a parking sticker for $30 per year, she would not be opposed; that the Plaza parking is $20 per month; and that she felt the program sends a mixed signal to downtown workers. Tracy Heller, Huesso Gallery, stated that the "village" image has endured, and is coming back in full swing, and a lot of activity is seen downtown; that his customers are not in favor of the plan, and he believes it is premature, and there are businesses which need help or amenities to succeed. Joy Meredith, Crystal Fantasy, stated she supports a parking plan, but this plan has flaws, i.e., the signs are 10-ft high, with 2-inch letters providing direction to the pay station; the LED is unreadable in that it faces the sun, and there are no night lights; there are no telephones in case the customer has a problem; the tickets indicate the person should keep the bottom portion, but the ticket is not perforated; the merchants have not been informed regarding validation; people have to walk back to their cars to put the ticket in the window; and the hours of enforcement are unclear. She stated that one hour of free parking is very essential, and there is not balance in the enforcement to allow for quick pickups; that the plan was not thoroughly thought through, and it should be halted until ' these kinds of issues are resolved. She stated it will be subject on the agenda for the Main Street meeting on January 7. b) Comments concerning Item 7: Dick Sroda, resident, stated that this is an issue of fairness, and if there is a spot open, any new person should pay the going rate. Concerning Item 8, he (051- commended Mr. Bacon for bringing the matter forward. 074) Dick Crane, Avis Rent-a-Car Manager, stated that the bid process was done in 1995, in which there were six bidders, one of which was a "no bid" resulting in one small counter unoccupied; and that he did not think it would be legal to allow Thrifty Car Rental to come in during the middle of the term, and it should not be allowed. c) Comment concerning Item 8: Paul Bacon, manager Vagabond Hotel, stated he was pleased with the (078- recommendation, and added he thought there would be enough income to solve 048) the parking problem. d) Comment concerning Item 10: Abe Tokier, Police Association, commented on the need for the rifles, which (113- will increase officer safety, and which will be paid for by the officers through ) payroll deductions. 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. Council Minutes 1-6-99, Page 6 b) Councilmember Oden stated that he supports the parking program, and the reasons for it and, himself, experienced how the program worked and the (108- interaction with the community; that there are issues to be addressed which were 004) not originally looked at, and he wanted to see those ironed out and communicated effectively with the community, and to do so quickly. He also stated that he thought it both sad and unconscionable and took offense that ' people commented about the recent child drowning because they have issues with the Tribal Council. c) Councilmember Reller-Spurgin stated that she also had first-]hand experience (108- with the new parking program, and that it appears to only be aggravating 004) people, and the City try to smooth the edges and stop enforcement until it can be done right; that it sounded like a good program, but did not come out quite right. She requested follow-up on the recent increase in unattended shopping carts on the streets. d) Councilmember Hodges asked that the parking issue be part of the workshop agenda. She also requested that something be put together fronn the Council to State Legislators Battin and Kelly concerning legalizing "raffles" for nonprofit organizations, most of which continue to conduct them unknowing of the changes in law and the illegality of it, as such raffles are often the mainstay of fundraising for nonprofit groups; and that the City Manager provide an update on the Rail Station, which she felt looked disgraceful. e) Mayor stated that the next cycle of applications for STIP grants will be forthcoming, and he would like a listing of"shelf ready" - all documentation in place - projects that would be eligible; that there may be some instances where "no smoking" restrictions are not being observed, and need to be enforced, and he questioned who was responsible for enforcement. ' LEGISLATIVE ACTION: 5. TRIBAL COUNCIL LAND USE AGREEMENTS Consideration of Supplement 5 to the Land Use Agreement (#1324) between the City and the Tribal Council; and approval of a supplemental agreement between the Tribal (103- Council and the City, for land use coordination on certain parcels, A1324-A. 031) Director of Planning & Building reported that these two matters have been discussed at joint meetings with the Tribal Council; that one supplements the existing agreement, removing all land from the land use agreement (1324) which is acquired by the Tribal Council and to be held by it, for which the Tribal Council will proceed with all planning permitting and development on its own, and the city staff would not directly participate in those; that the second matter is a new agreement providing for coordination of certain parcels of land (those removed from the land use agreement) and establishes a process allowing the City to receive, review, comment and meet as needed with the Tribal Council, on any issues regarding projects on those lands. He stated that staff has worked with the Tribal Council and its consultants in the past on such projects without such agreement in place, and mainly there have been good discussion and good progress for community standards; that such staff working relationship would continue, and it would allow Council-to-Council relationships on those projects as well; that it is a skeletal agreement and a "handshake" in that it does not layout all issues or how they will be resolved; and that the City Attorney had a recent conversation with the Tribal ' Attorney on these. Councilmember Oden stated that the goal was to continue working with the Tribal Council, and these actions move the Council further in that direction as an agent of the Tribal Council, and to establish a review process that did not exist in the past. Councilmember Hodges stated she opposed the action and did not feel it was in the best interest of the City; that her main objection is that it "addresses properties acquired in fee by the Tribe but not yet taken into trust by the BIA" and it changes the 1977 (5 Council Minutes 1-6-99, Page 7 agreement, in that it would relate to land whether on the reservation, and that is not in the best interest of the City. Mayor concurred that unless the land is in trust, he was not agreeable to the agreements. City Attorney stated that it is clear that when land is taken into trust, the Tribe has sovereign immunity and critical factors of case law are removed when the land is taken into trust; that the Government, in fact, holds the land in trust for the Tribe; that the 1977 land use agreement only applies to land take into trust; that because of tax exemption benefit, land ended up in trust, and it has not historically been significant; that in the last few years, the process of putting the land in trust has bogged down because of litigation and gaming concerns, and the Tribal Council is concerned that it may acquire land and want to proceed with development without trust status having been achieved; that the Council's concern related to what the legal situation would be if that happened; that prior language was offered; that the new language is shown in Items 10 and 11 of the Coordination Agreement, which creates the new 90-day review and comment process; and that there is nothing intended to alter the fundamental jurisdiction of the Tribe. In answer to question by Council, he stated that given the circumstances, it was better to go forward with this language, than to not reach an understanding with the Tribe and have nothing in terms of due process. Resolutions 19449 and 19450 approving said documents, was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote, that R19449 and 19450 be adopted: AYES: Barnes, Oden & Reller-Spurgin NOES: Hodges & Kleindienst ABSENT: None ' 6. INTERIM ORDINANCE - ADULT-ORIENTED BUSINESSES Recommendation: That the Council approve an Interim Urgency Ordinance amending regulations related to adult-oriented businesses providing for the addition of an application process; revising location and operational requirements; deleting provisions regarding permit duration and renewal; revising enforcement and revocation procedures; and adding provisions regarding non-conforming uses, in order to provide time to study the adequacy of the current provisions related to regulation of said businesses. This matter withdrawn from agenda; and will be rescheduled. 7. AIRPORT CAR RENTAL CONCESSION Consideration of request by Qualcar Inc., to allow bidding for the sixth rental car position at the Airport. Director, Dept. of Transportation reported that this matter was the subject of a lengthy debate by the Airport Commission; that staff initially felt fairness outweighed any (051- consideration of another operator; that following discussions with the City Attorney 074) subsequent to the agenda packet, he has reconsidered the balance needed for revenue versus contract equity; that he believes it would be in the best interest of the City to rebid the sixth space; that the Commission thought the space should be negotiated for with Thrifty, with a minimum threshold of $150,000; that the space is the smallest space, but it does not have ready care space and no maintenance area; that the Commission felt it would not be fair to require the same amount, without these features, but it would not be fair in return to other providers that a new company should only pay the $100,000 minimum which was the original amount when the concessions were bid in 1995; that the new minimum based on annual adjustments since that time is $126,000+, and he recommended rebiding with $126,000+ as the threshold; that an expedited process would be worked on, but it will still take tune to have a sixth operator contract in place, the process could take 2-3 months for contract award. UY, t Council Minutes 1-6-99, Page 8 City Attorney stated that it is important to the Airport to protect the bid process, but there is also a market for rental cars; that there are six spaces, and it was expected that six would be awarded; that although one bidder pulled out, he could appreciate the: concern by the others why the City should not award the sixth now, the fact remains that the bidders thought there would be six operators. Councilmember Oden stated that he appreciated the supplemental report, and the: ' rethinking of the issue, and he supported the revised recommended. Councilmember Hodges disagreed, and stated that she did not think it would be fair to put out again at this time, i.e., it will be out to bid in 18 months, and the; revenue is not always the solution; that she did not think this would be in the best interest of the: Airport; that five operators are doing well, and paying heavily to the Airport, and there: is no reason to think that a sixth will increase revenues for the Airport, and not just take: away from the others and create problems for those who have paid over the term so far. Councilmember Barnes stated he also did not see the merit in rebidding, and there is a, lot to be said about the integrity of the process; that it would be 3 months before anything would happen, at which point the season would be gone, and only 1 good year might be seen before it will be back out to bid again; that the effect on the other operators is unknown; and that the feeling that others might "slip in" is created. Councilmember Reller-Spurgin stated that she felt there needs to be continuity, and what is good for one should be good for all; and that she agreed with Members Barnes and Hodges. Mayor questioned what prompted this action at this time; whether revenue would increase, or if the same market would simply be spread over six, and if bidders get better amenities based on the amount bid. ' Director, Dept, of Transportation stated that Qualcar had been talking to staff for quite some time, and staff was not encouraging them because of the issues that were in the original staff report; that Qualcar did not exist at the time of the original bidding; and that the car rental activity at the Airport last year was tremendous, after a slow star) following the initial awards in 1995; that the highest bidder has first choice at selecting the space and amenities; that the additional operator will add competition, but less than. 1% of the rentals take place by walk-in customers, and arrangements are made pre- arrival at the Airport; that the sixth space does not have ready car, and unless added space is found on the Airport campus, that is not expected to change, otl'terwise none of the operators would have enough room in which to function properly. In answer to questions by Council, he stated that if one of the five operators became insolvent, the same analysis and questions would be raised in evaluating whether to fill the unexpected vacancy; and that Thrifty currently represents about 2% of the traffic, and that percentage probably will remain the same. It was moved by Hodges, seconded by Barnes, and carried by the following vote, that there be no new car rental concessions until the next bid process in 2000: AYES: Barnes, Hodges, Reller-Spurgin& Kleindienst NO: Oden ABSENT: None 8. TRANSIENT OCCUPANCY TAX - OCOTILLO LODGE ' Recommendation: That the Council eliminate the $4,000 fixed monthly fee paid by the Ocotillo Lodge in-lieu of TOT and reinstate the requirement that it collect and remit the (078- tax to the City on the normal basis established under the Municipal Code, beginning 048) January 1, 1999. Mayor stated that due to a client relationship he would abstain, and turned the meeting over to the Mayor pro tem. Council Minutes 1-6-99, Page 9 Director of Finance reviewed his report, and noted that the site is operated as a condo- hotel, and the original incentive has achieved a situation in which the TOT collected exceeds the fixed fee, and he recommended that the full tax payment requirement be reinstated. ' Resolution 19451 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, that R19451 be adopted. 9. PARKS & RECREATION FEE POLICIES Recommendation: That the Council establish policies concerning Parks & Recreation fee applicability to governmental and non-profit agencies. This matter withdrawn from agenda; and will be rescheduled. 10. LOAN PROGRAM FOR PURCHASE OF AR-15 RIFLES Recommendation: That the Council authorize a loan program providing an allocation of $48,426.26, to be reimbursed over 48 pay periods (24 months) through payroll (113- deductions, for the purchase of 71, AR-15 rifles by City of Palm Springs Police ) Department employees (revised subject to form of promissory note approved by City Attorney). Police Chief highlighted his recommendation and report, noting that following an incident in Hollywood, police agencies found it necessary to arm officers with heavier gun power; that the City sought to get 50 rifles from Federal surplus, and was only allocated 16; that the officers have been trained on the M16, and that conditions and regulations have been established under which such equipment would be used. ' Minute Order 6300 as revised, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, that MO6300 be adopted, it. ORDINANCES FOR SECOND READING & ADOPTION (Intro 12-16-98) City Clerk read titles of the following: Ord 1564 approving Change or Zone concerning Preserve Golf; and (078- 072) Ord 1565 re parking overlay and CBD zone parking provisions; after which, it was moved by Barnes, seconded by Oden, and carried by the following ) vote, that further reading be waived, and that 01564 be adopted: AYES: Barnes, Oden, Reller-Spurgin & Kleindienst NO: Hodges (did not oppose waiving the reading) ABSENT: None. and it was moved by Barnes, seconded by Oden, and unanimously carried, that further reading be waived, and 01565 be adopted. 12. CALEASE MASTER LEASE - SUPPLEMENT 2 Recommendation: That the Council approve Supplement No. 2 to the Master Lease Agreement with CaLease to finance the purchase of City Y2K computer upgrades, (084- Police CAD & RMS, and the integrated financial system, for a total of $964,881.90, 017) A4035. Assistant City Manager highlighted the recommendation of the Director of OMB, and stated that this is a financing mechanism for actions previously taken by the Council. Minute Order 6301 as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that MO6301 be adopted. Council Minutes 1-6-99, Page 10 13. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: 14. MO 6304 authorizing purchase of new, state-of-the-art, bullet-proof vests for the Police (113- Department Special Weapons and Tactics Team. ) ' 15. MO 6305 awarding contract to Golden Bear Arborists, Inc., the Vista Chino Retention Basin (051- frontage landscaping, for $95,352.94, CP98-24, A4059. 095) 16. MO 6306 and 6307 rescinding M06268, and approving a new Change Order No. 2 to (051- contract with E.L. Yeager Construction Co., for an increase of$140,000, for installation of 103) new electrical feeder duct bank from Cogen Plant to the Airport, A3971. Hodges abstain. 17. Res 19455 and 19454 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant N Payee Particular Nature of Conflict (086- Hodges 938084 Bldrs Supply Client of Employer 018) 938142 DWA Client of Employer 938142 DWA Client of Employer 938171 Chris Foster Client of Employer 938175 G & M Const Client of Employer 938181 Granite Const Client of Employer Reller-Spurgin 938323 Spurgin Spouse 18. MO 6308 ratifying emergency repairs of Fire apparatus, Unit 442, by Trans West Ford (087- Truck Sales, Inc., for engine in-frame overhaul, for a total not to exceed $18,000, which 003) ' includes a $1,095 contingency for unanticipated problems as the repair takes place. 19. MO 6309 approving sole source purchase of Caterpillar engine repair parts from Johnson (052- Power Systems for FY 98-99, not to exceed $100,000. 001) 20, MO 6310 awarding purchase of tee-shirts, sweat shirts,jackets, caps and jerseys on a unit- (084- price basis, from Foundation for the Retarded dba Koala Tee Printing, with options to renew ) for two one-year periods, not to exceed $35,000 per year. 21. MO 6311 ratifying City Manager decision to expand a contract with Keyser ]Marston Associates for an additional $2,500 concerning the Promenade (formerly Desert Fashion ) Plaza). It was moved by Oden, seconded by Barnes, and unanimously carried, that Resolutions 19454 and 19455, and Minute Orders 6305 through 6311 be adopted. ADDED STARTERS: ASI WILDLAND FIRE EXPENDITURES Recommendation: That the Council ratify actions approved by the Fire Chief in the suppression of a wildland fire on December 31, 1998, in and near the "Cienega" area of (087- the Palm Springs Aerial Tramway; and amend the budget to appropriate $20,000 for 003) ' associated costs. (Action includes contract with USFS, CDF and the. City as to cost (061- sharing.) ) Assistant City Manager reported that actions occurred subsequent to the posting of the agenda; and recommended the matter be addition. Council noted that the Fire fees schedule should be updated. n 1(* Council Minutes 1-6-99, Page 11 It was moved by Barnes, seconded by Hodges, and unanimously carried, that this matter be determined eligible for consideration and added to the agenda. Following a brief report by the Fire Chief, Minute Order 6302 and Resolution 19452 amending the budget, as recommended, were presented; after which, it was moved by ' Reller-Spurgin, seconded by Barnes, and unanimously carried, that MO 6302 and R19452 be adopted. AS2 INDIAN AVENUE/SAN RAFAEL RIGHT-OF-WAY SETTLEMENT Recommendation: That the Council amend the budget to appropriate $26,180, and authorize payment thereof for severance damages and for arbitrator and appraisal (130- services totaling $26,178.78 for property at Indian Avenue and San Rafael acquired for 004) traffic signal installation (R18282, Ailabouni) (061- 023) Assistant City Manager stated that the recommendation from the City's attorney handling the condemnation proceedings was received after the posting of the agenda, and he recommended it for addition to the agenda; no further report was given It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that this matter be determined eligible for consideration, and added to the agenda. Minute Order 6303 and Resolution 19453, as recommended, was presented; after which, it was moved by Oden, seconded by Barnes, and carried by the following vote, that R19453 be adopted: AYES: Barnes, Oden, Reller-Spurgin & Kleindienst NO: Hodges ' ABSENT: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 22. COUNCIL COMMITTEE ASSIGNMENTS a) Confirmation of Council committee/liaison assignments to intergovernmental entities, for 1999. (070- 003) The appointments were confirmed, with no changes, except that Councilmember Oden due to other scheduling has a conflict and is unable to attend the Mt. Conservancy meetings; elected official liaison to it will remain vacant. Director of Planning & Building noted that possible changes are in process that would allow a staff representative. PUBLIC reports or requests a) Bob Schlesinger, attorney for Thrifty Car Rental, stated that he thought there would be an opportunity for presentation during Item 7, and presented a photo (051- showing the empty counter which greets visitors at the Airport; that the 074) company did not exist 3 years ago when this was bid; that the company has grown substantially and would like to move its operations from Cathedral City ' to the Airport; that added revenue would be generated, and it will not be a sharing of existing revenues; that the concessions are not exclusive; and he asked the Council to reconsider the action. Note: At the conclusion of public comments, Councilmember Oden inquired as to the interest in a motion to reconsider. City Attorney noted that it would have to be made by one of those voting in the majority. No motion for reconsideration was made. Council Minutes 1-6-99, Page 12 b) John Tymon, resident, stated that the joint meetings with the Tribal Council should be telecast, and that the public would be more aware of what transpires if they could see those meetings. c) Don Frank, resident, stated he thought the parking problem would be easy to solve, and the Council could paint the meters with a smile, make it free, and for ' people to have a nice day. STAFF reports or requests a) Assistant City Manager reported that a fire department pract ice burn would occur on January 11 at 411 N. Calle Santa Rosa. ADJOURNMENT There being no further business at 10:25 p.m., the Mayor declared the meeting adjourned. /7 C JUDITH SUMICII— City Clerk 1