Loading...
HomeMy WebLinkAbout1999 - MINUTES - 4/7/1999 r� CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 7, 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 Tahquitz Canyon Way, on Wednesday, April 7, 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, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Hodges The meeting was opened with the Salute to the Flag, and an invocation by Rev. Joe Placentia, P.S. Church of Christ. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 2, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 7 of agenda this date. PRESENTATIONS: PSHS Student Body P.S.Mounted Police Video&Proclamation Kelly Green, West CV Health Partnership HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: -No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. ' APPROVAL OF MINUTES: It was moved by Oden, seconded by Barnes, and unanimously carried,that the minutes of March 17, 1999, be approved. PUBLIC HEARINGS: I. 1999-2000 CDBG BUDGET Recommendation: That the Council approve proposed 1999-2000 CDBG budget; (085- authorize the submittal of the Consolidated Plan Annual Plan Update to the Dept. of Housing & Urban Development; and authorize City Manager to execute subrecipient agreements related thereto. CDBG Coordinator reported that under the Consolidated Plan Rules there is one plan and one report, and that the budget meets the CDBG HUD philosophy as to use of the funds; that a new plan will need to be developed next year, otherwise it is updated annually; that the entitlement will be $625,000, and $7,051 will be carried over from the prior year as unallocated funds. She reviewed the application process, noting that requests exceeded $1.3 million; and that HUD may delay on the year 2000 requirement for a new plan because of the Federal census. City Manager recommended revisions to the proposed allocations, as follows: Catholic Charities $33,000 City Recycling -0- Total Public Service Requests $ 92,000 P.S. Youth Center hnprov. 18,515 Mizell Sr. Ctr Pkg Lot 75,656 Code Enf Officer- Plg/Bldg -0- Disaster Prep. Pad 2,975 Council Minutes 4-7-99, Page 2 City of PS ADA/Park Access 31,405 Total Public Improv. $215,051 Mayor declared the hearing open. The following persons spoke in support of funding for their respective programs: Catherine McMillan, Catholic Charities. , Gene House, for College of the Desert, explained the "Smart Classrooms" project, noting that of the$1.25 million for the total project,the funds are short by $',100,000. City Manager noted that he felt it more appropriate to fund the request from the General Fund, and would be looking at that as a possibility. There were no further appearances, and the hearing was closed. Councilmember Reller-Spurgin stated that she appreciated the allocation for the Senior Center, which will finish a project started some time ago; and that it .also represents addressing a safety factor in terms of seniors using the lot. Councilmember Oden stated that there are many projects which the Council would like to fund, but there is not enough money to do so; that he would like to see more funds attributed to economic development next year; and that the lease-to-own program may also make a difference in the community next year. Councilmember Barnes stated he appreciated that the City programs are not to be funded through this source, and recognized that it was essential at the time to have done so, which should go to the community. Mayor stated that he would support the allocations, although he felt the General Fund should carry a larger share of the Mizell Senior Center parking lot, and it is hard to see how it is a higher priority for these funds over some other funding source, and that ' regarding the COD "Smart Classroom" request, he would rather see $25.,000 of CDBG combined with General Fund money to support that request, over funding the Senior Center parking lot completion; and that his concern was the source of funding and not the need for the improvement. City Manager stated that given the HUD requirements, it was felt that COD could not maintain those requirements for its request; and he suggested that the COD request be considered at the next meeting, at which he would provide an alternate recommendation. Resolution 19490 as recommended, was presented; after which, it was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried that R19490 be adopted, as revised; Hodges absent. 2. HSPB38 -KEMPER ESTATE Recommendation: That the Council designate the property at 345 Via Las Palmas North, known as the Kemper Estate,as a Class 1 historic site. (076- 001) Director of Planning & Building reviewed his memorandum in detail, and noted that the site is currently designated as a Class 3; that a demolition permit was obtained but it expired, and upon reapplication, it was caught, and the HSPB was alerted and it issued a stay, in order to consider the Class I; that the new owner desires to remove the building from the site, and to build a large house and guest house; and that the Board ' recommended the Class I designation by a 5-0-1-1 vote. He reviewed display boards, and responded to Council questions, noting that there were no changes in circumstances between the first issuance of the demolition permit and the reapplication;that the Planning staff met with the applicant and the issue of potential designation was discussed, which was about 18 months ago; that only a Class I designation is recorded; and that Realtors usually do due diligence in providing disclosures. Mayor declared the hearing opened. Council Minutes 4-7-99,Page 3 Jim Houston, property owner, requested that no action be taken to change the designation, and that he will place an appropriate historic site plaque on the site when the project is completed; and that if it is changed, that the City include a statement of accepting responsibility for the economic consequences of doing so in its designation. He explained how he had acquired the property under a foreclosure; that he retained an architect who ' made inquiries and spoke with Planner Patenaude and he was advised of the Class 3 designation and that the HSPB might have some concerns about it; that he assumed the demolition permit was automatically extended; and that he had planned to complete the project in the summer. Eleanor Corkle, Chair of the HSPB, stated that the Board considered the property and its recommendation within the parameters prescribed by the Municipal Code, and it felt it met and deserved the designation of a Class 1, in that it is both unique and significant because of it style of architecture, beauty, and reflection of former ownership and use - i.e., use by nationally and internationally known persons, community officers, political, economic and social elements in Palm Springs; that the community has become known worldwide as a mecca for historic treasures,and it cannot allow its history to be destroyed, and the home should be preserved by a Class I designation. Paul Shepard, resident and Realtor, stated that the property was previously offered for sale, at one time in excess of$1 million, and the HSPB should have expressed its concern before now; that he showed the property on a number of occasions, and with one exception, it was always considered by potential buyers as a"fixer-up" and in one case, it was found to be too prohibitive to bring the interior up to the standards of today; that he awns the property across the street, and would prefer a grand home on the site, which would assure that the site would not be subdivided into small lots. Bob Seale, resident, Chair of the Las Palmas Neighborhood Alliance, stated that a poll of ' its executive committee, indicated that 10 of 11 members were contacted and 9 supported denial of the designation recommended by the Board. He stated that if an owner does not agree to the designation, it only invites expensive litigation for the City; that the vacant site attracts homeless people; that the new owner proposes a project which would be in keeping with the character and beauty of the City, and would produce permit fees and increase property taxes. Alice Tipton, resident, stated that she became a "preservationist" after serving on the HSPB; that there should be a means of flagging or listing or identifying for public information those properties which are to be considered for Class I designation, so both perspective buyers and Realtors will know which properties are affected. Dierdre Colt, Rancho Mirage, stated she specializes in real estate in excess of$1 million; that the Kemper Estate is 63 years old, and one of the oldest homes in this area; that only Palm Springs has old homes in the Valley, because there are no old homes in the newer developed communities; that there are "monuments" to down-valley owners, but no charm; that the community is slowly chipping away at its history, and it should not be about money. Tracy Conrad, HSPB member, stated that the recommendation was not made lightly; that the community's history has been preserved more by accident and benign neglect, than by design;that future losses need to be prevented, and that both personal rights and the well- being of the community must be weighed. ' Paige Linn, HSPB member, stated that she abstained on the issue because prior to the vote, she offered to purchase the home and to have it moved; that she has contacted State Historic and Los Angeles Conservation groups to get references as to an appropriate mover; that it can be moved safely and graciously; that she has been inside of the house within the past month, and found it to be freshly painted, newly carpeted, and a modem kitchen in the main house, and updated in the guest house. She asked that it be designated a Class I,with stipulation that it be moved, Council Minutes 4-7-99,Page 4 Claire Shaeffer, resident, stated she lives across the street and feels strongly that it should be a Class I. She commented on her expertise as an art historian, and stated that the site faithfully followed the architecture and is an accurate representation, and it is important because of the Kempers who lived in it, as well as other international figures; that the rooms are small by today's standards, with no updating; that her property would gain in value if Mr. Houston completed his project; and that moving it would be a better choice, to demolishing it. ' David Switzer, resident, commented on the individual right to purchase property without government dictated restriction; and that applying a designation after a property is sold, sets a bad precedent. Phil Tedesco, resident, stated he lives within 300 feet of the property and owns one of the oldest houses in the area; that he did not consider "Monterey colonial" indigenous to Palm Springs, and it was unfair to impose the designation without the owner's consent; that pictures he has of his house taken in 1924-25 show there were no houses between it and I-10, and maybe it could be moved. Carl Prout, HSPB member, stated he has been a professor of history and teaching it at colleges for 35 years; that the Council has approved 37 historic site designal ions, and this would be the 38th; that in the case of Mousie Powell's residence, it was with her consent, the site was designated a Class 2; that in this case, the owner is not in agreement, and to place a Class I designation, would be to deny the owner his "right to his own castle"; that he opposed the recommendation; and that the City staff recommended a Class 2, with which he agrees, in that it gives recognition, but does not prohibit rebuilding on the site. Mark Bragg, resident, stated he thought the house belonged in Monterey; that in 1996, he disagreed with the Board, and abandoned a site rather than engage in a costly legal fight; that the City is seizing a property when it applies a designation without the owner's consent, and if the site is so significant, the City should use eminent domain to get it, and ' not inverse condemnation. Bill Johnson, resident and architect, stated that when he was retained, it became evident that what the owner wanted to have happen was not going to be possible with the existing house; that some changes appear to have occurred in the 1950s or 1960s; that the landscaping is not greatly inspiring, and the property has a very neat appearance from the street; that a lot of money could be spent, and it would still be woefully inadequate for a luxury home of today; that the owner faces frustrations to be caught in the middle of a vague policy; that all city departments need to be interconnected so they know which properties are flagged, i.e., the Class 3 meant nothing to the Building Department; that there was no formal process until an application was made, then there is a reaction by other departments; and that he hoped a usable ordinance could be adopted for architects and owners who have to go through it. Elisa Goforth, resident, Casa Cody Manager, stated that she "sells" the history and natural beauty of the desert to hotel guests; that she, personally, did not like all types of architecture, however, it does make a statement about the area and its past:, that although many "inns" in the downtown area were destroyed, but much of it survived; and she urged that the site be saved and restored to its bygone state of elegance. William McMillan, resident and former property manager, stated that the Class 3 designation lulled Realtors into believing they had a developable piece of property; that the house is obsolete and physically unworkable; and a Class 1 would deny the owner his constitutional rights. ' Frank Tysen, Casa Cody, stated that the situation involves a socially-prorninent couple, the preservation of a neighborhood, and the interest of Palm Springs to have a treasure chest of different historic styles of architecture, which has attracted younger people to the economic base of the community;that Palm Springs will be featured next month in Vanity Fair; that the Council and community ,should give the time, determination and energy to this problem; that it would have been ideal for a person interested in historic sites to have acquired the property, but was not the case, however, there may be a compromise that �1T Council Minutes 4-7-99,Page 5 could be worked out - the owner appears willing to sell the building for $1 and an individual has expressed in an interest in moving it. Fred Ebeling commented on his personal experience with historic preservation in Greenbay, WN; that he considered property owners' rights should come first, with neighbors' right coincidental; that he did not see how a new building will deteriorate the ' neighborhood, rather it should increase the values; and that if the owner bought a Class 3, that is what he is entitled to. There were no further appearances, and the hearing was closed. Mayor declared a brief recess. Councilmember Oden stated that he felt the distinction between the subject recommendation and the Tramway Gas Station, is that in the latter instance, it was clear what the designation was and where it was going. He thanked the Board for its report, noting that the community is experiencing growing pains, and there are some things that need to be done; that he was concerned that there may be some properties which have designations which the owners are not aware of, and he questioned if there is a schedule of when various designations will be applied. Director of Planning& Building stated that the Board has gone through a list of pre-1940 houses, and identified 600 sites to be reviewed as possible sites, other than Class 3; and that the subject site came to the staff attention when a call was received informing that the house was to be torn down, whereupon, the HSPB was notified and a hearing was scheduled. Councilmember Oden agreed with comments about the history of the community, and that the different types of architecture provide an attraction to the community; that the ' community needs to be educated regarding that aspect, in that many people do not understand and are not aware of the treasure that the community has; and that in addition to the concern as to process, he did not find that there was anything significant about the property that indicates it should be a Class I, and he would not vote to support the recommendation. He added that he hoped Ms. Linn's proposal could be worked out, as he considered it to have merit. (Note: from the audience, both Mr. Houston and Ms. Linn expressed their willingness to sell/buy and move the house,respectively.) Councilmember Barnes favored giving time in which the parties could achieve the move, and then designating the house a Class I as that appears something the new owner (Ms. Linn) would desire; that there are architecturally significant homes in the community, which probably should be designated Class 1, not only because of their history, but also because of the demand for these homes, and the interest by new buyers to restore and not just renovate them;and that denying the recommendation would not undermine the Board. Councilmember Reller-Spurgin stated that this was a screw-up on the City's part, in that a demolition permit should never have been issued if there was any way that the property was thought to have any significant historic value;the owner purchased it, and thought he could do something with it; that the City was wrong, and the mixed messages got sent; that the Board needs to have a list of potential sites, and to make that available to the Realtors for them to include in disclosure to potential buyers;that this has put everyone in an awkward position; and that if not Ms. Linn, perhaps someone could help achieve a compromise. Mayor noted that the updating of the historic site ordinance has been a subject of discussion at the Council Cabinet meetings;that the board has followed the ordinance, and if there is confusion, or conflict based on its recommendation, the ordinance needs to be dealt with and the Council provide clear direction as to what it is willing to support or not support; that he was hesitant to reverse the Class 3 designation, noting that a demolition permit.was given which could have been acted upon; that Palm Springs has historically been known as an eclectic community, with no one dominant architectural style; that its Council Minutes 4-7-99, Page 6 architecture is rather a part of its image, and its diversity adds to that; that it has had many "old" sites and the recession in recent years has helped to keep those in tact; that there were only a few homes which were given the higher designation, and those were with the approval of the property owner;that there needs to be community input, as well as by the Council, in providing direction regarding the historic site preservation ordinance. Director of Planning& Building responded to question, noting that if the Board's action is ' not approved, the Class 3 designation remains. It was moved by Oden, seconded by Barnes, and unanimously carried, Hodges absent, that the recommendation of the Board be denied. 3. TRACT 29135(KIMMICH FOR GREENSTEIN)-TENTATIVE TRACT MAP Recommendation: That the Council adopt a negative declaration, and approve tentative tract map for a 12-lot single-family subdivision on 5.19 acres on the south side of (137- Morongo Trail, west of Araby Drive, R-1B, Section 25, Kimmich Construction for owner 112) Arranka Greenstein. Principle Planner Hayes reviewed the Commission recommendation, noting that the street width will be reduced from 3641 to 32-fir, but meeting minimum requirements; and that the owner of the existing parcel adjoining the subdivision,has reviewed the map and has no objection. Mayor declared the hearing open;there being no appearances,the hearing was closed. Resolution 19491 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Oden,and unanimously carried,Hodges absent,that 11,19491 be, adopted. PUBLIC COMMENTS: ' a) Comments on matters not related to an agenda item: David Rothstein, resident, reported that a two-day "Elvis Hootenanny" is being heavily advertised, including a website, for the celebrity home, and that some time ago, a committee was formed to provide a recommendation on the use of celebrity homes, after the Planning Commission had recommended an ordinance on the subject. He questioned the status of the committee's work. John Tymon, resident, stated that he did not think there was a need for the Belardo Bridge, and that most people do not know about it; that he thought both the former Desert Inn and the Bullocks Wilshire buildings were (::lass I historic sites, and he questioned what happened to them; that a "plaza" downtown is unkempt, dirty and has no water, and is deteriorating, and he questioned if Plaza Mercado would go the same way. Fred Ebeling, resident, stated he came to Palm Springs thirty years ago, and he did not think the current Council has accomplished anything, except electric bikes, and the amoral light parade. b) Comments concerning Item 7: George Wyatt, Director of Economic Development, stated that dealing with , energy costs in the future will become increasingly difficult, and it wild be a (147- major interest to future economics as well as to current conditions; that the 004) Council has an opportunity to form a new partnership, providing an opportunity to look at what it can do for the future, and today; that New West Energy has the attitude and commitment akin to that of Portland General, before its acquisition by Enron, and he felt confident hat it is committed to do a good job and provide excellent customer service; and that the proposal offers a win-win for everyone. Council Minutes 4-7-99,Page 7 William McMillan, resident,stated that the action on Item 2 should give everyone a chance to know what is coming, and it will be very important to have a long lead time; and that he was concerned about power rates, and hoped not to see a trend of escalating rates, rather to stay at the current PSE rates; and that a non- profit group would not be looking at profit as a bottom line. c) Comments concerning Item 24: Jason Brandman, Tustin, representing Enron Wind, stated that he did not (123- understand why the recommendation is for denial, since the project is the same as ) others recently approved; that the city's intent is not clear; and that he requested the matter be re-evaluated. d) Comments concerning Item 16: Bob Dale, Center for Contract Compliance, stated that it appears the low bidder (123- did not supply DBE participation information, or falsified the bid; that he had 006) provided a package of information to the Council (not provided to the City Clerk). Paul Morales, Diversified Landscape, stated that he is a certified DBE firm; that the requirement was a part of the bid, and is required because of federal funding involved; that he spent money, advertising, and time to solicit bids from women and minorities as required in the bid specs; that it is an unfair advantage if the competition did not; that it is not a minor irregularity to be looked at casually; that Imperial Irrigation is a supplier he uses; that he complied with the goal and solicited from other minority concerns; that Tapuz arbitrarily listed Imperial Irrigation, but when contacted, Imperial advised that they had not been solicited ' by Tapuz. Keith Saeger, San Bernardino, representing the Laborers Union in the Coachella Valley, stated that the low bidder did not meet the DBE; that either minority and women-owned businesses must be used, or a good faith effort to do so must be shown; that Tapuz listed Imperial Irrigation, but never contacted them; that an affidavit of non-collusion was submitted, but since it falsely listed Imperial Irrigation, it was a sham and therefore a false non-collusion ; that the contract should be let to the next low bidder, or all bids rejected, and the project re-bid; that he understood the project was federally funded to the degree of$218,000; that he understood a federal audit is possible, and the government will probably have concerns for a project that did not take DBE into account; and that a full audit will be requested of the FHWA,to assure compliance. e) Comments concerning Item 14: Marvin Roos, Mainiero, Smith & Associates, stated that approval will allow fast- tracking this new business. 001) 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) Note: Assistant City Manager comments concerning Item 7 in response to question at this point, are reflected under Item 7. }; Council Minutes 4-7-99,Page 8 LEGISLATIVE ACTION: 4. TAHQUITZ CANYON VISITOR CENTER Recommendation: That the Council approve the proposed Tahquitz Canyon Visitors Center, subject to recommendation to the Tribal Council. Item withdrawn from agenda;to be rescheduled. ' 5. AGUA CALIENTE TRIBAL BILLBOARD ORDINANCE AMENDMENT NO. 8 Recommendation: That the Council review and consider proposed amendments to the Tribal Billboard Ordinance. Item withdrawn from agenda;to be rescheduled. 6. TAHQUITZ CREEK G/C-YOUTH CENTER TOURNAMENT FEE WAIVER Recommendation: That the Council waive greens fees for the P.S. Youth Center Third (092- Annual Golf Tournament,to be held May 1, 1999,at the Resort Course,Tahquitz Creek. 013) Director of Facilities stated that the event raises about 25% of the Youth Center's annual revenue;and the Parks &Recreation Commission approved the request. He explained the schedule of the event, and that the waiver equals about$5,000 in potential revenue to the golf course;that the event was booked with Palmer on January 22, but was riot brought to the Commission until March 8, and announcements, programs, and event planning is in place, and changing the date would not be possible. Councilmember Reller-Spurgin stated that the Council has placed financial goals on Palmer, and it is unfair to expect meeting those goals, and waive fees during prime ' season; that she verified with Palmer that the event was scheduled in January, and they wanted to be a good neighbor and realized the importance of the Youth Center; and that attendees to the event have been polled, and a three week delay would not be acceptable. She noted that many local people attend the event. Minute Order 6366 as recommended,was presented; after which, it was moved by Oden, seconded by Barnes,and unanimously carried, Hodges absent,that MO6366 be adopted. 7. PALM SPRINGS ENERGY Recommendation: That the Council receive a status report on the alliance: between the City of Palm Springs Energy Services (PSES) and Enron; and authorize negotiation of (147- 004) agreements between it and New West Energy, a wholly owned subsidiary of Salt River Project. Assistant City Manager reported that the City's first partner was Portland General, which was acquired by Enron, and that the 10.6 cents rate was an introductory offer, which Enron continued because of lack of a good marketing program; that its offices in Palm Springs were closed in November, 1998; that the contract provided that if'the company did not receive 25% of the market, it could cancel the agreement, however it did not cancel the agreement on December 31, and continued with the development of new rates; that a letter was received from SCE advising of Enron's cancellation and return of PSE customers to SCE; that the required 30-day notice of cancellation was not given to the ' City prior to the notification to Edison, and the City then had a short time in which to find another provider. He stated that the Procurement Manager commenced looking for another company to form an alliance with, and began discussions with New West Energy, who holds values similar to those of Portland General; that bond counsel, and Arthur Lyons also agree that the City should pursue negotiating an agreement with the company, which would be presented at the next meeting.. Council Minutes 4-7-99,Page 9 Minute Order 6367 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Oden, and unanimously carried, Hodges absent, that MO6367 be adopted. 8. MASTER CITY-WIDE ARCHITECTURAL DESIGN SERVICES CONTRACT Recommendation: That the Council approve a master contract service agreement with (117- Interactive Design Corporation for architectural design services for city-wide, 045) miscellaneous small construction and remodeling projects for a 2-year term, with one 1- year option to renew, not to exceed $5,000 per project, unless otherwise approved by the City Council; but not exceeding a maximum contract aggregate of $100,000 per fiscal year,A4089. Director, Dept. of Transportation reported that the RFP process was followed; that one proposal was received; that agreements have been completed; that each project will be as an amendment to the master agreement; that any project in excess of $5,000 in architectural fees will also come back to the Council for approval. He stated that concerning Item 9,the work on that project was running concurrently with the RFP for the master agreement; that the architect will return preliminary design, which will be brought to the Council. Minute Order 6368 as recommended, was presented; after which, it was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that MO6368 be adopted. 9. MASTER CITY-WIDE ARCHITECTURAL DESIGN SERVICES CONTRACT- AMENDMENTI Recommendation: That the Council approve Amendment No. 1 to master contract (117- ' service agreement with Interactive Design Corporation for architectural design services 045) for remodeling restrooms at Demuth Park, not to exceed $12,500, A4089. See Item 8. Minute Order 6369 as recommended,was presented; after which, it was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried, Hodges absent, that MO6369 be adopted. 10. SB 15 (POLANCO)-HANDGUNS Recommendation: That the Council discuss the merits of Senate Bill 15, which proposed to establish quality and safety standards for handguns manufactured and sold in (098- California, and to give direction whether to support the legislation. ) Assistant City Manager highlighted the recommendation, and responded to question stating that the bill would apply only to manufacture and sale, and not the buyer. It was moved by Oden,seconded by Reller-Spurgin, and unanimously carried, Hodges absent,that the Mayor send a letter of support. 11. CITY OF DESERT HOT SPRINGS-ECONOMIC ASSISTANCE Recommendation: That the Council consider joining other Coachella Valley cities in making a $5,000 contribution to the City of Desert Hot Springs to pay for an interim (123- Finance Director. Memorandum of Director of Finance&Treasurer was highlighted. ) Minute Order 6370 authorizing contribution, was presented; after which, it was moved by Oden, seconded by Barnes, and unanimously carried, Hodges absent, that MO6370 be adopted. Council Minutes 4-7-99,Page 10 12. CUP 5.0776(EPIC RESORTS) -P.S.MARQUIS VILLAS CONDOMINIUM TIMESHARE CONVERSION Recommendation: That the Council approve a Mitigation Agreement with Epic Resorts - Palm Springs Marquis Villas, LLC, a Delaware limited liability company, concerning ' proposed conversion of the 101-unit P.S. Marquis Villas Condominiums to timeshare ownership, on 3.78 acres at 150 S.Calle Encilia,R-4-VP, Section 14,A----. This item was pulled from the agenda, and is to be rescheduled for April 21, 1999. 13. MUNICIPAL CODE AMENDMENT-JOB INCENTIVE PROGRAM Recommendation: That the Council amend the Municipal Code to establish a Job Creation Incentive Program for businesses creating at least 100 new jobs in the A, M-1, (103- M-1-P and M-2 zones within the City. City Manager reviewed his memorandum, and 048) explained the "claw back" provision. Redevelopment Manager noted that a variety of uses will be allowed including some commercial, but the provision does not apply to "C" zones; that guidelines will be developed; and that it may be possible to address situations in which there may be multiple zones applicable to one parcel. City Manager stated that the goal is to look toward balancing fees versus other revenue generated by the City; and a given project would need to demonstrate some relationship with the economic benefit to the community. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 3.38.010 TO CHAPTER 3.38 OF THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH A JOB CREATION INCENTIVE PROGRAM IN PALM SPRINGS. It was moved by Oden, seconded by Barnes, and unanimously carried, Hodges absent, that further reading be waived, and that the Ordinance be introduced for first reading. 14. AA CASE 3.1716-MORRIS COMMUNICATIONS CORP. Recommendation: That the Council consider application by Morris Communications Corp. for a telecommunications antenna, consisting of a 60-ft monopole with four 6-ft (001 diameter radio transmitting antennae; and two 4-ft radio transmitting antennae, at the SW ) corner of Gene Autry Trail and Chia Road,M-1-P, Sec. 13. Director of Planning&Building reported that the originally requested height was reduced from 80 ft to 60 ft;that the staff, Planning Commission,and Council practice has been to approve only antenna in public parks,and any exceeding 60 ft have been under a CUP; that the project was under a very tight escrow closure,which is why it has been brought as an AA Case. In response to comment by Council,Director of Planning&Building stated that Condition#14 addresses the issue of landscaping, which can be explored in terms of both near the antenna as well as on the perimeter of the site. Resolution 19492 approving application, as recommended, was presented;after which, it was moved by Reller-Spurgin,seconded by Oden, and unanimously carried, Hodges absent,that R19492 be adopted. 15. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: F1( Council Minutes 4-7-99,Page 11 16. See Item 30. 17. MO 6371 approving Change Order No. 14 to contract with Granite Construction Co.,for the (123- Mid-Valley Parkway for an increase of$24,254.50 with no time extension,CP94-19, A3670. 023) ' 18. MO 6372 approving Change Order No.3 to contract with Dupont Flooring Systems,Inc.,for (051- to include recarpeting of existing Airport Terminal Building, not to exceed$180,790,A3950. 095) Kleindienst abstained due to FPPC prior ruling regarding the Airport Master Plan 19. MO 6373 authorizing payment of$56,631.77 to GTE for telephone cable relocation, required (051- 095) by the Airport ticketing wing expansion. 20. MO 6374 sanctioning the Palm Springs Opera Guild's "Opera in the Park" at no cost to the (050- 007) City for a one-time event to be held April 8, 1999 at Sunrise Plaza. 21. MO 6375 awarding tree trimming service to Desert View Tree Service for a total cost of (136- $3U90. 057) 22. Res----consenting to assignment of MediaOne Cable TV(Originally Palmer)franchise to (089- Time Warner Cable,A2792 to be deferred to April 21, 1999. 005) 23. Res----approve a retroactive time extension for PD79,a 12-lot single-family residential project located east of Bogert Trail, north of Andreas Hills Drive, UR Zone, Sec 36, Jerry Epstein;to be deferred to May 5, 1999. 24. See Item 31. 25. MO 6376 and 6377 approving purchase of a computerized maintenance management system (117- ' application software package upgrade from JB Systems, including tax,not to exceed$33,728; 048) and approving purchase of 23, 400 MHZ servers with monitors from Dell Computer Corp, including tax and delivery, not to exceed$52,105. 26. MO 6378 approving Amendment 2 to Agr 3972 with Ninyo &Moore, for additional testing and inspection services related to waterproofing Phase IIA of the Terminal Expansion, for (051- $20,000. Kleindienst abstain-Prior FPPC ruling-Airport Master Plan 095) 27. Res (4) 19493 through 19496 approving Payroll Warrants and Claims&Demands. Note abstentions, if any: (086- Councilmember Warrant# Payee Particular Nature of Conflict 018) Reller-Spurgin 940618 Spurgin Spouse 941065 Spurgin Spouse 28. MO 6379 approving a purchase order to Mosler, Inc.to expand FAA required Airport Security (051- Access Control System,to cover the ticketing wing expansion,for$22,238.04, A3814. 074) 29. Res 19497 making finding concerning use of tax increment relative to above CRA Item a). (124- It was moved by Reller-Spurgin,seconded by Oden, and unanimously carried,that Resolutions 19493 through 19497 and Minute Orders 6371 through 6379 be adopted; Hodges absent. 30. MID-VALLEY PARKWAY- LANDSCAPING Recommendation: That the Council award contract to Tapuz Enterprises, Inc., for (123- $538,740.75, base bid and additive Item A, for construction of landscaping improvements 023) on the Mid-Valley Parkway, CP95-38,A4090. Council Minutes 4-7-99, Page 12 Assistant City Attorney stated that he spoke with the Federal Highway staff as to whether a supplier must be contacted for the purpose of meeting DBE requirements; that neither the Federal Code Regulations nor the California Contractors Code requires that; that the Council may award the contract to the low bidder, or reject the bids and readvertise it. Minute Order 6380 as recommended, was presented; after which, it was moved by Barnes, , seconded by Oden, and unanimously carried,Hodges absent,that M06380 be adopted. 31. COUNTY WECS 99 9 (ENRON) Recommendation: That the Council provide recommendations to the County of Riverside regarding WECS 99, an application by Enron Wind Development Corp. for (123- installation of 25, 750 KW series wind turbine generators on approximately 600 acres ) located south of I-10, west of Snow Creek Road and Highway 111. Director of Planning & Building displayed aerial of the proposed project location; and reported that the Planning Commission based its evaluation and recommendation on fact that the area is a cove, south of Highway I I I and a pristine vista;that the County denied a similar request fifteen years ago at the request of the City for the Snow Creel,area. Mayor noted that the City has been supportive of the turbines and allowed the taller ones to replace the smaller units; that the location is within the City's Sphere of Influence; that in the past,turbines on the south side of Highway I I I were fought in order to control and maintain views of the mountains; that a strong message should be sent to the Board of Supervisors, and he was willing to carry that message, if the Council so desired. Councilmember Barnes stated he also opposed the location, noting that it is hillside, and the application requires a zoning change and variance. Resolution 19498 as recommended, was presented; after which, it was moved by Barnes, ' seconded by Oden, and unanimously carried,Hodges absent,that 19498 be adopted. ADDED STARTERS: None REPORTS &REQUESTS: 32. DEPARTMENTAL REPORTS -Received&Ordered Filed (089- a) Franchise Report- SCE- $568,612.57 001) b) Franchise Report-Gas-$172,923.27 (089 002) CITY COUNCIL reports or requests a) Board/Commission Subcommittee Assignments-Modifications, if any; set date for shortlisting. Continue accepting applications until April 21, 1999. b) Downtown Noise Subcommittee Report: Discussion and direction, if any. No Report,will be rescheduled pending Councilmember Hodges return to her seat. PUBLIC reports or requests-None STAFF reports or requests-None ADJOURNMENT ' There being no further business at 11:30 p.m.,the Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk