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HomeMy WebLinkAbout5/3/2000 - STAFF REPORTS (17) CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 5,2000 A Regular Meeting of the City Council of the City of Palm Springs, California,was called to order by Mayor Weindienst, in the Council Chamber, 3200 Tahqultz Canyon Way, on Wednesday, April 5, 2000, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor beindlenst Absent* None The meeting was opened with the Salute to the Flag, and an invocation by Dr. Phillips- Palm Springs Church of Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on Mardi 31,2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)-See Items on Page 6 of agenda this date. 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. Convene in Joint Session as the Community Redevelopment Agency and the City Council. PUBLIC HEARINGS: 1. TPM294501APPEAL LOWE'S HIW INC. Recommendation: That the Council approve Tentative Parcel Map 29450, subject to conditions, and consider an appeal to certain conditions of approval adopted by the Planning Commission on February 23,2000. Director of Planning & Building reviewed the staff report and added that the plan is good; and In answer to questions by Council stated that the Planning Commission did request for upgrades to the walls and landscaping, but there would be no loss in parking spaces;that there were revised conditions that would be presented for Council consideration; that the outdoor displays were of a concem, that at night, most of the displays are moved into the building; that a diagram will be presented to the developer to outline how the outside displays should be handled; that to the appeal letter, there were conditions that were deleted and revised; that some of the items that were appealed were not compromised; that condition 4 allows the developer to pay the assessed costs regarding AD155; that the assessment district fees could be addressed in the owner participation agreement; that condition 14A refers to a refunding of landscaping costs If the City obtains a grant; that the City would not be able to refund the funds expended;that there are curb arts to be relocated;that some of the driveways have been moved; that the applicant will face Ramon Road; that It i Council Minutes 48-00,Page 2 is a condition that the cost for the median be fair-shared; that there is no right hand turn lane off Ramon to the project; and reviewed visual site plans. Mayor declared the hearing open. Roger Bernstein, applicant, stated that Lowe's is excited to be coming to Palm Springs; that Lowe's will continue to work with staff to get beyond the difference In opinions; that it is the second largest home Improvement warehouses; that it does gear its business to women;that merchandise is softly displayed; that there is a strict maintenance program; that the employees take pride in their store;that there is an emphasis on the store being supportive of community events and organizations; that there should be approximately 200 new jobs created; that the stores do pay a higher wage; and that staff assistance during the process is appreciated. Mike Hams, representing Mr. Prieto, stated that the landowner does approve of the project and requested approval of the project There being no further appearances,the hearing was closed. Counclimember Hodges welcomed Lowe's to the community and added that it is a wonderful addition. Mayor questioned the term seasonal sales. Roger Bernstein stated that the outdoor displays for seasonal sales are programs such as summer barbeques, but that a program will be put together and discussions will be held with the Planning Director. Councilmember Oden stated that he welcomed the seasonal sales, the employment opportunities for the community and the commitment to community support Mayor questioned the building pad in the comer of the project and Its use. Director of Planning & Building stated that Lowe's leased the site for paridng spaces. Mayor stated that Lowe's is not just a hardware store, but that there will be a good variety of selection In the store; and that the project will be serving a need for the City. Resolution 19770 as revised, subject to final approval by City Attorney, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R19770 be adopted. Council Minutes 4-"0,Page 3 2. LOWE'S HIW INC., OWNER PARTICIPATION AGREEMENT Recommendation: That the Agency approve an Owner Participation Agreement for a tax4norement incentive financing package to effectuate the construction of a new home improvement center at 5001 E. Ramon; and find that the provision of improvements such as streets, sidewalks, gutters, sewers and utilities, including the financing of the Installation of public Improvements with tax increment funds, are necessary to effectuate the purposes of the Redevelopment Plan. A--. Executive Director withdrew the matter. Adjourn as the Community Redevelopment Agency; remain In session as the City Council. PUBLIC COMMENTS: a) Comments regarding item 10: David Bobo, SMGILMI, stated that the City and LMI have had a good relationship for the past 10 years; that the merger of LMI with SMG will give the City the benefit of the worlds largest merger of public facilities management;that this will open doors for more resources than previously available to the City and recommended approval of the item. Dick ?, Senior VP, LMI, San Diego, stated that approval of the item will allow entry to larger events and recommended approval of the matter. b) Comments regarding item 12: Lynn Modartey, Shelter From the Storrs representative, stated that the funding for the Shelter is needed; that 100% of the financing for the facility comes from grents and gifts; that the need for the resource has Increased by 100%, with 25% of the need stemming from residents in Palm Springs; and that in order to maintain the current level of service the allocation is needed. c) Comments regarding item 15: Philip Tedesco urged the Council to vote no regarding the Bike and Hot Rod weekend; that all the event generates is the sale of hamburgers and T-Shirts; that the event Is not worthwhile for the City; that there is a problem with the parking downtown; and that the Council needs to listen to the citizens. d) Comments regarding item 16: Dick Sroda, Palm Springs, stated that the notice given for the workshop did not meet the Brown Act requirements; and that information regarding when certain streets were slurry sealed was requested, but City staff has not responded;and urged the citizens to watch what streets do get done. i Council Knulee 4500,Page 4 e) Comments regarding Item 17: Frank Tyson, 175 S. Cahuilla, stated that the major concern of the approval of the project Is the Inadequacy of the reports;that the key issue Is over-saturation in the area; that the Council is being requested to call an election for a referendum that was completed by the voters, and certified by the Registrar of Voters; that the criticism Is that the Council does not listen to its citizens; and that the Council should respect the petition and repeal the Ordinance. Emily Hemphill, 777 Tahquitz, reviewed a letter dated March 9, 2000, copy on file In Office of the City Clerk, and added that there are State controls in this area; that it Is dear in State Law that this type of project shall not be denied, and that a density bonus shall be granted; that the action thus far by the Council has been correct and recommended approving the City Attomey's recommendation. George Mohacsy, 200 Racquet Club #50, stated that the hearing regarding this matter is in violation of the law;that a copy of the Indemnity agreement was requested, but not provided prior to the hearing; that the hearing should be rescheduled; that the Council has three options, and that in his opinion the Council should call an election and let the voters decide the matter, that the CEQA review is inadequate; that the citizens are crying for help and that the Council should listen. Arnold Rotman, 200 E. Racquet Club #61, stated that he has experience being poor and that this proposed project Is trying to lump all the poor people in one area;that all one has to do is look at other Cities where the poor are placed in one area and see the dismal results; that the Council should not discriminate against poor people; that the amenities for the project are questionable; and questioned if there was a pool, a park, anything to assist those residents and suggested the Council seek alternative locations for the project. Diane Reed, 3125 Sunny View, stated that approval of the project will destroy the use of her home and her privacy; that cars will be parked within 15 feet of her bedroom; that a 30% loss of view will occur, that all the Codes that Palm Springs has in place to protect a resident's vista are not being upheld and added that she does not want to be a part of a 000kie-cutter metropolis. Rids Raio, 200 E. Racquet Club #65, Chair of United Neighbors, stated that tonight's issue is one of the rights of the citizens; that there is concern regarding the City Attorneys recommendation; that the citizens have earned the right for an election; that the Council should move forward on the referendum process, and read a letter from the United Neighbors attomey dated April 4, 2000, copy on file in Office of the City Clerk. 00WIdl Minutes 4-5M,Page 5 Laura Zuylch, 505 Molino Road, stated that it is hard to believe that this project has gotten this far, that there is plentiful low/moderate housing in Palm Springs and that another project is not needed; that the density is too high; that other projects allow parking all over the streets; and recommended Council reconsider the project Selena Tracer, Palm Springs, stated she owns a home In the area and has a vested interest in the property; that her home has been upgraded; that the north end has 50%of all the low Income housing in Palm Springs; that more is not needed;that it is not right to make a ghetto of one area of the City; and recommended another site be located for the project Barbara O'Malley questioned that with the high concentration of housing what impact will be felt by the schools in the area, and if another school will need to be built George Thomas stated that prospective buyers are warned to be careful of the north end; that the area is a problem area; that he is not against low/moderate housing but Is against the over concentration in one area; and that the area residents are concerned about possible loss of property values. f) Comments regarding item 18: Jim Schlecht encouraged the Council to take an aggressive stance on item 18 and approve the proposed resolution; and added that there is a substantial amount of property located within the City limits that are at stake. g) Comments on matters not one the agenda: Richard Witter, 2600 S.P.C. M, stated that there Is concern as to the status of the Canyon Hotel; and questioned if area property owners will be notified when the demolition will begin; that there is a question of what will happen to the property after demo; that there is a concern for Ingress and egress to the property; that traffic may Increase up to 3,000 cars a day; and requested Council response to citizen concerns. Bob Gamer, Rancho Mirage, congratulated Coundlmember Jones on his letter regarding gambling; that currently there are gifts to charity that hoodwink the residents; that the books for the casinos are not released for audit; that the Indians are the new gangsters for this era; that there is no accounting of the amount of money taken in by the casinos and that it takes courage to stand up against the Indians. John Tymon, Palm Springs, stated that Coundlmember Jones is addressing the truth; that people need answers; that the truth should be sought out and that sovereign equality needs to be established. Coundl Mmutse 4-&W.Page 6 John Allen, Palm Springs Firemen's Association, stated that the yearly Easter Egg Hunt in Ruth Hardy Park will be held April 22, 2000, at 9 a.m.: and that the Association remains active in the Community by giving and supporting local charities and events. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Jones, and unanimously carried that Items 4 thru 11 be adopted. CONSENT AGENDA: The following Items are of a routine nature,and may be approved by one blanket motion, upon unanimous consent. Clarification questions may be asked prior to voting. Contract amounts in excess of$50,000 require a minimum of 3 affirmative votes. Review by City Manager of Consent Items to be darifled. 4. Approval of Minutes, March 1 & 15, 2000, Approved. 5. Res 19763 approving Consolidated Services Engineers&Constructors, Inc., as the Airport Engineer, not to exceed$1,224,600,for a period of three years. A4209. 6. MO 65M approving amendment #1 to ground lease with Cox PCS Assets, LLC.to Install and maintain a cellular communications tower/system at 3111 E. Tahquitz Canyon Way. A4161. 7. Res 19764 amending the budget for 1999-00 Fiscal Year to consolidate funds for the citywide records management system for$151,879. 8. MO 6593 approving a one-day°Extreme ProKert Event°by SSC Racing for a timed go cart racing event on abandoned Taxiway A at the Palm Springs International Airport on April 11, 2000;and Res 19765 temporarily suspending certain regulatory ordinances to facilitate the April 11,2000 Extreme ProKert Event. 9. MO 6594 approving amendment#10 to agreement with Robert Bein, William Frost &Associates for$5,700 for storm drain design work related to Phase 2 of the Mid- Valley Parkway Project, CP9635,A3298. 10. MO 6595 approving a change of ownership of Leisure Management Intemational (LMI)to SMG and SMG/LMI, LLC. Coundl Minutes 4-&00,Page 7 11. Res 19766, 19767 and 19768 approving Payroll Warrants and Claims& Demands. Note Abstentions, if any: Counclmember Warrant# Payee Nature of Conflict Hodges 951959 DWA Client of Employer 951960 952000 Granite 952095 Preferred Plumb. Roller-Spurgin 952144 Spurgin Spouse EXTENDED CONSENT AGENDA: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None PUBLIC HEARINGS 12. FISCAL YEAR 2000-04 CONSOLIDATED PLAN FIVE YEAR STRATEGY AND 2000-01 ANNUAL PLAN Recommendation: That the Council approve the draft Fiscal Year 2000-04 draft Consolidated Plan and the 2000-01 Annual Plan; authorize its submittal to the Department of Housing and Urban Development; and further authorize the City Manager to execute subrecipient agreements for the 2001 Community Development Block Program. CDBG & Housing Specialist reviewed the staff report and added that the annual plan will be submitted to HUD for approval. Mayor declared the hearing open. Luanda Roy stated that the Crossley Tract project needs to be completed; that the area is in need of streets, sidewalks and lighting. Phyllis Adam stated that support should be given to the Crossley Tract project; that many residents have been in that area their entire lives; that it would be good to complete the project in one lifetime; that many in the neighborhood have given to the City and it is time the City gives back to the community. Reverend Rollins stated that a request was presented to have a place bulft for older folks to go so that they did not have to die alone; that the community will provide the labor and do the work, but that funding Is needed for materials: that we all are responsible to help and protect our elderly;that the facility can be used to train young people for future jobs; and requested the Council consider helping the community with the project. Lorenzo Thomas, WWII Veteran, Tuskeges Airman, stated that the project at Crossley Tract needs completion; that sidewalks and streets are needed; that there is only one way out of the project and other streets need to be added; and that the completion of the project will be a good example of what the City can do. There being no further appearances,the hearing was dosed. Coundl Wnubw 4-5-00,Page a Councilmember Reller-Spurgin stated that the Crossley Tract had been in the CDBG program for the past several years; and questioned if this allotment would finish the project City Engineer stated that this is the fourth phase for the Project; that this is the final year and will complete the project. Councilmember Reller-Spurgin questioned how long the project would take to complete. City Engineer stated the project Itself should only take two to three months, but that RFP's will need to be let, making the Orneframe for total completion of the project approximately five to six months. Mayor Iaeindlenst questioned the amount of years that have been spent by the City improving Crossley Tract. City Engineer stated that initially the request for the project occurred in 1989;that Initial funding started in 1996; that streets and street drains had to be constructed;that the final phase will include curbs,gutters and sidewalks. Mayor questioned if street lighting is included. City Engineer stated it is not Mayor stated that there has been over$800,000 spent on Improvements for the area; that while it is no good to try to find fault with the engineering of the project for its drainage relief, it is still unfair to commit such a great amount of the CDBG funding to one area;that the City should carry its fair share of the burden and set aside funding In the Capital Improvement Program. Coundlmember Oden stated that it seems there has been a lot spent on the project, but that CDBG regulations require that so much of the funding be spent on capital improvements. Councilmember Hodges stated that the understanding given to the Council was that last year would complete the project. CDBG & Housing Specialist stated that it was indicated to be the last year by the City Manager. Mayor stated that the Council needs to decide if it wants to complete the Crossley Tract project this year, and 9 it does should the funding come entirely form CDBG. Councilmember Oden stated the project does need to be completed; that the budget process has started and that funds could be moved if needed. CDBG &Housing Specialist stated that the funds designed for the Crossley Tract program must still be used for capital Improvements and not public service. Mayor stated that with the reprogrammed allocation, Improvements could be made to the Youth Center and the Mizell Senior Center. Counal Minutes 4-5-00,Page 9 City Manager stated caution should be used; that the Capital Improvement Program is not fully funded with the projects already in it; and requested Council reconsider the proposal. Councilmember Jones questioned if the administrative charges were excessive. Councilmember RellerSpurgin stated it is necessary to implement the program. Councilmember Hodges stated that there was a measure of surprise for the $309,000 allocation for Crossley Tract, but that the Council should fund the project and gel it completed;that of great concern is the denial for funding for the PS Adult SchooUTV Operations Training; that the denial is unfair, that the item was granted $40,000 last year, that it is the program that allows for meetings of the Council and the Commissions to be televised and for special events to be filmed. Mayor stated that it is a major concern and that the program allows for job training and placement by the Adult school; that to fund the item will cause other requests to be shifted; and that there never seems to be enough funds for the many worthwhile requests. CDBG & Housing Specialist stated that some of the groups will also get funding from the County and are not fully dependent on the City. Councilmember Hodges stated the funding for the PS Adult School/Desert Highland Job Training request was not funded last year and suggested the funding be shifted to the PS Adult SchooVI V Operations Training item. Councilmember Oden stated that the CDBG & Housing Specialist now attends the County CDBG meetings and sees the funding requests and allocations in a much larger picture; that direction was given to staff and to the community representatives to review the requests and determine the funding allocation; that the applications are reviewed and ranked; that hearings are held; that the committee puts together its recommendation to Council, and the Council ends up going through the requests and changing them; and questioned why the Council sets up a process for staff to follow when it changes the recommendation year after year. Mayor stated that this is normal procedure for the Council concerning the CDBG allocations. Councilmember Oden stated that other agencies also have CDBG allocations, but when they set a process, it is done. Mayor stated that item 8, City of PS Planning/Recapture our Neighborhood is clearly a general fund issue; that those funds could be redirected to item 1, Shelter from the Storrs and Item 5, Catholic Charities Homeless Outreach; that the homeless Issue is of concern and that in the future it could be addressed in greater fashion. Councilmember Hodges stated that Item 16, PAWS of the Desert should be given some type of funding;that it Is of great benefit to the Community. Coundl Minutes 4.5.00,Page 10 CDBG & Housing Specialist stated that there was great concern expressed by the staff at HUD regarding allocating funds towards animals. Mayor stated that the combine allocation for 1, 5, and 8 is $42,300; and recommended that with the deletion of item 8, the funding could be split evenly between the remaining two. Councilmember Jones concurred with the Mayor. Councilmember Oden opposed the recommendation; and added that some groups have different funding sources available; that there are no gala's held for the homeless; and that consideration should be given to the opportunities that are available for some groups to raise money. Councilmember Hodges and Roller-Spurgin concurred with Councilmember Oden. Councilmember Oden stated that In Category 2, the Crossly Tract should be completed. Councllmember Hodges concurred. Mayor questioned on Category 3, Item 31, PS Adult SchooVrV Operations Training H that could be a General Fund allocation. Councilmember Hodges stated if item 31 is not funded, it could mean that meetings will be off the air. CDBG & Housing Specialist stated that Item 30 was not funded last year and that in the previous year the funds were not entirely used. Councilmember Oden questioned the funding allocation for item 29, Foundation for the Retarded/printing press and asked if this was the same program as presented in last year's funding. CDBG & Housing Specialist stated that the Foundation was In the process of making the purchase, and that this allocation would be for additional equipment Member from the audience spoke regarding the allocation, comments were not discernable. Coundimember Oden questioned the recycling program in conjunction with the Foundation for the Retarded. Redevelopment Director stated that last year a partnership with the Foundation, along with a State Grant, was started for a type of job development, but that the Foundation withdrew from the program and that the City had to pick up the program for the remaining year. Councllmember Oden stated that there is a concern that if the program had been followed through it would not have failed, and that opportunity for training should not be taken away. Coundi Minutes 4-5-00,Page 11 Counclimember Roller-Spurgin questioned If last year's allocation for the Foundation was used to automate the printing press. CDBG & Housing Specialist stated that the Intent of CDBG is to help fill a need, but that the total cost may need to be supplemented; and that a purchase for a manual press was completed. Mayor clarified that Items 28 and 29 would not be funded; that Item 20 would be allocated$15,000 and Item 31 would be allocated$30,000. CDBG & Housing Specialist stated that Item 43, Desert AIDS ProjecVRe- Employment Program was not fully funded, and that It deals with clients that are able to be retrained and enter into the workforce. Councilmember Oden stated that in addition to local CDBG, there are County and Federal CDBG grants available. Councllmember Hodges stated that Item 34 could be reallocated to Rom 29. Councilmember Jones stated opposition to reducing any allocation to Foundation for the Retarded. Councilmember Hodges stated that many of the requests for funding were for job training;and that the TV classes are fundamental and educational. Consensus of the Council to allocate$15,000 to Item 30, PS Adult School/Desert Highland Job Training and deny item 23, Desert AIDS Project/Re-Employment Program and allocate the $20,000 to Item 31, PS Adult School/TV Operations Training. Mayor stated that the housing wage in California is $14.90; that this is the amount a worker has to earn per hour in order to afford a two-bedroom unit at the area's fair market rent. Councilmember Oden stated that In Riverside County it is even higher. Mayor stated that It remains a goal to produce affordable housing for the citizens. Councllmember Jones stated that the Draft Consolidated Plan does have some flaws; that the type of households in the City are incorrect and need to be reworked; that many of the numbers given in the report do not reflect the true numbers In the City;that there were only 40 respondents to the City wide survey; that the results are skewed;and that the entire report is in doubt. Consultant stated that it Is always desirable to have a large response to questionnaires; but that the reality is that one must work with the number that are given; that in the future the figures could be reassessed and it is hoped that future surveys would recelve a greater response. Councilmember Oden suggested that the next report provide an addendum to acknowledge where the source of the figures and facts is obtained. Council Minutes 4.5-M.Page 12 Resolution 19771 as recommended, as revised, was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R19771 be adopted. LEGISLATIVE ACTION: 13. MUNICIPAL CODE FOR SECOND READING City Clerk read Title of Ordinance 1582 as follows: AN ORDINANCE AMENDING SECTIONS 12.64.100 AND 12.64.110 OF THE PALM SPRINGS MUNICIPAL CODE, REGULATING THE USE OF SKATEBOARDS AND ROLLER SKATES ON CITY STREETS AND SIDEWALKS. after which, it was moved by Hodges, seconded by Oden, and unanimously carried,that further reading be waived and Ordinance 1582 be adopted. 14. HOUSING STRATEGY/HOUSING ELEMENT ADVISORY COMMITTEE Recommendation: That the Council direct staff on the composition of an advisory committee to assist in the preparation of the Comprehensive Affordable Housing Strategy and the City's Housing Element Council consensus to use recommendation in staff report. 15. PALM SPRINGS BIKE & HOTROD WEEKEND Recommendation: That the Council sponsor the Palm Springs Bike & HotRod Weekend, produced by Road Shows, Inc., and adopt a resolution suspending certain regulatory ordinances during the 2000 event. Director of Department of Facilities reviewed the staff report and added that Main Street did review the request and suggested that a limited street closure be Implemented on Amado Road; that special consideration had been given to the previous promoter, Paul Casey, but that the Parks & Recreation Commission did have considerable concerns; that requests were made to Mr. Casey; that the requests were not honored; that the request had to do with financial accountability; that the proposed promoter, Road Show, Inc., has not requested City financial support; that both events are similar in nature; that the Police Department was pleased with the addition;that a deposit has been received from Road Shows, Inc.; that based on all the information submitted, the Parks and Recreation Commission did support Road Shows Inc. proposal; that if Council does approve the event, it should require that the provider provide a financial accounting of income and expenses and additionally how many hotel rooms will be Impacted,to determine the economic impact Councllmember Hodges stated that she was dismayed to see this item; that it Is wrong for the City to accept an application for an event that has an established promoter, that it takes a number of years before an event starts to show a profit and that it is not fair to Mr. Casey to take the event away after all the hard work he has put in. Council Minutes 4-5-00,Page 13 Coundlmember Roller-Spurgin concurred with Coundlmember Hodges comments. Coundlmember Oden stated that he did not view the staff report in that same light;that it seems logical to start expanding the event; but that a good point was brought up and questioned if Mr. Casey had been addressed regarding the concerns. Director of Facilities stated that several calls have been placed to Mr. Casey, but the calls have not been returned. Coundlmember Jones stated that the event is loud and disruptive and that the event is inappropriate for Palm Springs. Coundlmember Oden questioned if there was a proposed host hotel. Director of Facilities stated that Mr. Casey had indicated that he would use the Hyatt Hotel as the host, but that communications with the Hyatt indicated they have not been contacted and that Road Shows have not yet contacted a hotel, due to the event not yet being booked. Mayor questioned, based on the evert, how does it work for the downtown; that Main Street comments are available, but where are the comments from the hospitality industry and the Chamber of Commerce; that while the event may be somewhat disruptive for some, it is an enjoyable event for others; and questioned whether different areas had been questioned on the event Director of Facilities stated that in the 300-400 block there was some dissatisfaction regarding the event; that vendors were placed in front of competing stores; that complaints were received regarding the generators; and that all issues will be addressed by SEP. Coundlmember Jones indicated a letter received from the hospitality industry, and added that it did express mixed feelings on the event Coundlmember Hodges stated that it is a fun event; that the event brings different people to the community; and that even though it is a good event, if the current promoter Is not used,then she would recommend not using either. Motion to turn down the event was presented; after which, it was moved by Hodges, seconded by Jones, and failed by the following vote: AYES: Councilmembers Jones and Hodges NO: Councilmembers Oden, RollerSpurgin and Mayor Kleindienst Coundlmember Oden stated that he is supportive of the event; that it may be premature to determine not to hold the event; and that more communication Is needed. Mayor stated that the varying number of events makes Palm Springs what It is; that while personally, this event Is not one of his favorites, others like it; that he supports the Idea that more information is needed; and that at this time he would be reluctant to select a promoter. Coundl Mmutes 4-5-00,Page 14 Coundlmember Roller-Spurgin stated that the proposed action would not be right to do to Mr. Casey; that more information is needed and interaction needs to begin with Mr. Casey. Mayor ICleindienst questioned what role the police department had in the recommendation. Director of Facilities stated that some members of the police department are bike enthuastics; and that the group introduced Road Shows, Inc. to the Parks & Recreation Commission. Motion to continue to matter to April 19, 2000 was presented; after which, it was moved by Roller-Spurgin, seconded by Oden, and carried by the following vote: AYES: Councilmembers Oden, Roller-Spurgin and Mayor Kleindienst NO: Councilmembers Jones and Hodges. 16. ANNUAL SLURRY SEAL PROGRAM Recommendation: That the Council award contract to American Asphalt Repair & Resurfacing for $441,201.13 for the annual slurry seal program, CP00-02, A4210. Director Department of Facilities reviewed the staff report. Mayor reviewed a report prepared for resident Dick Sroda, concerning the resurfacing of members of the Council residential streets and frequency thereof. Coundlmember Oden questioned if the resident did have the Information provided to him at an earlier date. Mayor stated that the resident did have the information previous to this meeting. Minute Order 6596 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried that MO6596 be adopted. 17. REFERENDUM Recommendation: That the Council consider action on the referendum petition filed concerning Ordinance 1579 adopted on February 2, 2000, relative to the Garden Springs project.A4211. City Attorney reviewed a memorandum dated March 28, 2000, copy on file in Office of the City Clerk; and added that when the Notice of Determination was filed, a time dock started; that there were no challenges within the 30 days allotted timeframe;that the project is a right of zone;that the City did not give the property to the developer, but rather the developer owns it;that the applicant has a right to have the project processed; that beside the zoning are issues concerning land uses and the adoption of the General Plan; that there are many laws that protect low income housing projects; that while Members of the Council may be sympathic to the citizens, the rules still have to be abided by, that under the rules are guidelines and density bonus that the developer has a right to; that the developer has moved on in the process; that financing Is based on Federal Council Minutes 4500.Page 15 Tax Credits; that if the tax credits are not used, the developer faces a breach of contract and is prevented from being in the program for a length of time; that there are damages that the developer would suffer, that the City needs to protect Its financial interest; that It is the opinion of the City Attorney that if the case is taken to court the developer will win; that approval of the indemnity agreement will cause the developer to pay for legal defense; and that the recommendation would be to determine that the petition filed against Ordinance 1579 is invalid and fails to state a proper subject for referendum and approve the indemnity agreement between the City of Palm Springs and CBM Group. Coundimember Oden stated that at one time the State had concerns with the lack of low/moderate Income housing and implemented a number of laws to safeguard and protect projects that catered to that type of housing; that with the implementation of redevelopment law, areas must designate 25% to low income housing; that the City of Palm Springs has been an exception to the norm by being responsible and having a mix of housing within the community; and that even a vote on the matter does not do away with the State process; and questioned if the developer used the full density bonus. Director of Planning & Building stated that the full density bonus was not used; and in answer to questions by Council stated that the developer had worked with the neighbors to address design issues; a good developer puts a good project together, that the circulators of the petition did not contact Planning staff for additional information regarding the project that larger apartments are needed in the low/moderate housing program; that typically the low/moderate housing apartments have 1 — 2 bedrooms, but that this project has 3 —4 bedrooms per unit; and that the school district did not submit comments or concerns regarding the project Coundlmember Hodges stated that Desert Hot Springs had a similar type of situation where the Council turned down a low/moderate project and Is facing bankruptcy today. City Attorney stated that there might have been other contributing facts to the financial situation in Desert Hot Springs, but that the court award to the developer would be a major contribution to the situation. Coundimember Hodges requested that the City Manager review the issue concerning housing discussed at the CVAG Executive meeting. City Manager stated that the State has developed a housing needs assessment program; that in the program there are regions and sub regions; that in this sub region 1,502 new units need to be built in the next 5 years; that the past 9 years netted about 800 units, of which 407 were for the ultra low, 278 for low and 307 for moderate income. Councilmember Hodges stated that the State is telling us that we need more units; that the citizens are stating they do not want the project; that part of the ooncem of the citizens is the zoning; that it may be that some areas of the City are not zoned correctly and that a General Plan update will be occurring in the near future; but that at this time the City needs to be protected in the best manner that the Council is able; and recommended approval of the City Attorney's recommendation. Council Minutes 4-5-00,Page 18 Councilmember Roller-Spurgin stated that whatever decision is made someone will be angry; and that the big picture must be examined to determine the fiscally responsible thing to do. Mayor stated that Council has already approved the project, that the Issue is not about a lawsuit, but rather on a prior action the Council took; that there are other housing projects that are going In; that those projects are located next to low/moderate housing developments; that the premise that low/moderate housing will reduce the value of a home Is not what is being demonstrated currently In Palm Springs; that for example, the Serena Senior housing project has $400,000 homes being built behind It; that there are other high-end projects that are being built in the vicinity of low/moderate housing; that to place the petition on the ballot is to ignore State law; and that the challenge by the proponents is one of an administerial nature, not a legislative act. City Attorney stated that the Council does in fact make administerial and legislative acts; and that some issues are simply not qualified to be a referendum, that acts that are administrative in nature are not, such as the Issuance of a building permit. Councilmember Jones stated that due to proximity of the property he must abstain from the issue. Resolution 19769 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following vote that R19769 be adopted. AYES: Members Oden, Hodges, Reller-Spurgin and Mayor ldeindienst NO: None ABSTAIN: Jones. 18. NATIONAL MONUMENT BOUNDARY Recommendation: That the Council reaffirm Its position regarding the boundaries and text for the Santa Rosa and San Jacinto National Monument Act of 2000. (Material to be provided) Director of Planning & Building reviewed the staff report, no further report was given. Resoludon19772 as recommended was presented; after which, it was moved by Oden, seconded by Roller-Spurgin, and unanimously carried, that R19772 be adopted. ADDED STARTERS. None REPORTS OR REQUESTS: DEPARTMENTAL reports or requests: Received and ordered filed. 19. Fiscal Year 1998-99 City of Palm Springs Development Project Fee Report Council Minutes 4-5-00,Page 17 CITY COUNCIL reports or requests-None PUBLIC reports or requests-None STAFF reports or requests-None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 19,2000 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 19,2000, 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 Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an Invocation by Dr. Jim Tom, United Methodist Church of Palm Springs. REPORT OF POSTING OF AGENDA. City Clerk reported that the agenda was posted in accordance with Council procedures on April 14,2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entitles)-See items on Page 4 of agenda this date. PRESENTATIONS: Swear-in Police Officers Citizen Commendations 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. PUBLIC COMMENTS: a) Comments regarding item 2: Brian Richman, Road Shows Inc., stated that it Is an honor to be considered to promote this type of event in Palm Springs; and expressed appreciation for Council support. APPROVAL OF CONSENT AGENDA: Items 3 thru 8 and 11. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: LEGISLATIVE ACTION: 2. PALM SPRINGS BIKE&HOTROD WEEKEND Recommendation: That the Council review and consider sponsoring the Palm Springs Bike & Hotrod Weekend, produced by Road Shows, Inc., and adopt a resolution suspending certain regulatory ordinances during the 2000 event. Coundl Minutes 4-19-00.page 2 2. PALM SPRINGS BIKE&HOTROD WEEKEND (Conn) Director of Facilities stated a chronological listing had been provided to Council outlining the history of the event; that the Parks & Recreation Commission did receive two proposals for a similar type of event; that after considering the proposals the Commission did recommend approval of the Road Shows event; that Mr. Casey was requesting substantial assistance from the City; that Road Shows was not; that there had been some negativity about the event in the past, but with the addition of the hot rods, there should be a different element added to the event; that the 300-400 block or Palm Canyon merchants were not satisfied with last years event; that the concerns expressed will be addressed by the proposed promoter, that the Commission did have concerns about Mr. Casey continuing to provide the event; that requests were made by the Commission to Mr. Casey;that the requests were not responded to; and that Road Shows has a track record of producing events of a significant nature. Councilmember Oden questioned if Road Shows had been associated with Mr. Casey In the past. Director of Facilities stated that in 1997, Road Shows did provide entertainment. Councilmember Oden stated that many attendees of this type of event ship their bikes all over the Country to show them; that the history of the event is appreciated; that the events of the past help make the decisions of the future easier, and requested that the hospitality Industry be included in the planning of the upcoming event. Counclmember Jones stated that the event is noisy and disruptive; that the hoteliers expressed a mixed reaction to the event; that the event last year was almost out of control and added that he could not support the event Councilmember Hodges stated that her objections were stated in the last meeting; that they have not changed; that she cannot support the activity to throw out a promoter that has worked for three years to bring an event to the City;that it Is unethical and that she will not support nor be a party to such action. Councilmember Roller-Spurgin stated that in the beginning she concurred with Councilmember Hodges; but that with the report furnished by staff, it is clear that a new direction needs to be sought. Councilmember Hodges stated that she likewise read the report; that she does not support the past history of the event, but that staff should have gone to Mr. Casey and expressed that if the requested Information was not provided, a new promoter would be considered;that It is not right to treat people in the fashion Mr. Casey is being treated; that It is totally unethical, and that she will not be a party to such action. Councilmember Oden stated that that there is a pattern being shown by the past promoter; that it Is agreeable that the past events have provided a good foundation for this year's event; and that the success of the event will now be with the promoter. Council Minutes 4-IM,Page 3 2. PALM SPRINGS BIKE&HOTROD(Con't) Mayor stated that he has had a number of concerns with the event;that while his opinion is lukewarm to the event, others do want it; that the promoter should be aware of the concern and sensitivity expressed; that there were shortfalls In past events that should serve as a guide; that the endeavor does produce revenue to the City, and that support should be shown ibr the staff recommendation. Minute Order 6603 and Resolution 19775 as recommended were presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that MO6603 and R19775 be adopted. AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst NO: Members Hodges and Jones. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: The following items are of a routine nature, and may be approved by one blanket motion, upon unanimous consent. Cladflcation questions may be asked prior to voting, and matters need not be voted upon separately. (Note: Contract amounts in excess of $50,000 require minimum of 3 affirmative votes.) Review by City Manager of Consent Items to be clarified. Mayor Kleindienst requested which type of altemative fuel the trucks in item 6 would be using. Director of Facilities stated that the F-150's would use CNG; and that the Rangers were low emission vehicles. Councilmember Reller-Spurgin requested that in the future the fund account name should be given, not just the number. 3. Res 19773 approving change of ownership from Time Warner, cable TV franchise,to AOL Time Warner. A2535. 4. MO 6597 approving an agreement with G & M Construction, Schedule B, for Citywide flood gate construction for$11,000, CP99-18. A4213. Hodges abstain. 5. MO 6598 approving an agreement with Signal Maintenance. Bid Schedules A&C, for traffic signal Improvements at Ramon Road/Compadre Road and Ramon Road/Sunrise Way,for$111,650, CP9M3. A4214. 6. MO 6599 and MO 6600 approving purchase from the State of California Altemative Fuel Vehicle Contract for two 2000 Ford Ranger trucks from Folsom Lake Ford and four 2000 Fond F-150 trucks from Senator Ford for a total cost of$120,452.86. Coundl Minutes 4-IM,Page CONSENT AGENDA(Const) 7. Res 19774 approving Claims&Demands. Note abstentions, if any: Coundlmember Warrant# Payee Particular Nature of Conflict Hodges 952352 DWA Client of Employer 952382 Chris Foster 952385 G&M Const 952392 Granite Const 952485 Prof Plumb Roller-Spurgin 952616 Spurgin Spouse 8. MO 6601 approving an agreement with Keyser Marston & Associates, Inc, for pro forma analysis of Desert Walk Project (APN 513-560-002, 513-560-004, 513-560- 007, 513-560-008, 513-560-009) in the Central Business District Project Area #1. A4215. 11. MO 6602 authorizing the Director of Finance & Treasurer to open a merchant services account with the Bank of America for the purpose of accepting Visa and MasterCard credit card payments at the City Hall cashier, Leisure Services and Main Branch Library. It was moved by Roller-Spurgin, seconded by Oden, and unanimously carried that Items 3 through 8 and 11 be adopted. ADDED STARTERS: None REPORTS& REQUESTS: DEPARTMENTAL report or requests: Received and Filed: 9a) Treasurer's Investment Report-February,2000 9b) Southern California Edison Franchise Statement-1999 CITY COUNCIL reports or requests: Hodges: Requested the Gene Autry & Vista Chino intersection have two lanes designated for left turns. Oden: Requested signage for Palm Springs identification be placed on 1-10;that a letter of support for the Torres Martinez settlement legislation be forwarded to Congress. Reller-Spurgin: Requested additional information on Claims& Demands 952448—451. PUBLIC reports or requests—None CounGH Minute* 4.19-00,Page 5 STAFF reports or requests 10. Review Calendars for possible interview dates for Commission applicants. *5/2-4—6:30 p.m.-Large Conference Room-Jones, Roller-Spurgin, Kleindienst *5t11-4—8:00 p.m:Large Conference Room-Jones, Oden, Kleindienst(Hodges late) *5115-4—8:00 p.m.-Large Conference Room-Oden, Reller-Spurgin, Kleindienst, (Hodges4ate) ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk