HomeMy WebLinkAbout2003 - MINUTES - 7/16/2003 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 16, 2003
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, July 16, 2003, 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 Mills, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: Councilmember Hodges -excused
The meeting was opened with the Salute to the Flag, and an invocation by Elizabeth
Fausto— Director of Hispanic Ministries— St. Theresa Catholic Church
PRESENTATIONS: Posthumous Proclamation —Deborah Elg
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 11, 2003.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) •. See items on Page 7 of agenda this date.
HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT
AUTHORITY: No Business
Convene as the Community Redevelopment Agency; continue as the City Council.
COMMUNITY REDEVELOPMENT AGENCY
CITY COUNCIL
APPROVAL OF MINUTES:
It was moved by Oden, seconded by Reller-Spurgin and unanimously carried,
Mills abstain and Hodges absent, that the Minutes of June 4, 2003 be adopted.
JOINT PUBLIC HEARING:
A. VISTA SUNRISE LLP AND MBA DEVELOPMENT CORPORATION
Recommendation: That the Agency and City approve a Disposition and
Development Agreement with Vista Sunrise, LLP and MBA Development
Corporation to facilitate the application for low income housing tax credits and the
development and construction of the Desert Aids Project HIV/AIDS Housing
Project and the Palm Springs Family Care Center located west of Sunrise Way,
south of Vista Chino Road. A464C. Agreements approved subject to final
language approval of City Attorney.
Director of Community & Economic Development reviewed the staff report.
Mayor/Chairman declared the Hearings open.
Council Minutes
07-16-03, Page 2
The following persons spoke in favor of the project.
John Brown, Desert AIDS Project
Susan Harrington, Riverside County Dept of Public Health
Thomas Van Etten, Palm Springs.
There being no further appearances the Hearings were closed.
Resolution 1220 (Agency) and Resolution 20656 (City) as recommended were
presented; after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, Hodges absent, that R1220 and R20656 be adopted.
B. VISTA SUNRISE LLP & MBA DEVELOPMENT CORP — DESERT AIDS
PROJECT
Recommendation: That the City approve the sale and the Agency approve the,
purchase of a 53,578 square foot parcel of land for$205,000, APN 507 100 036,
located near Vista Chino. A465C.
Redevelopment Director reviewed the staff report.
Resolution 1221 (Agency) and Resolution 20657 (City) as recommended were
presented; after which, it was moved by Mills, seconded by Reller-Spurgin and
unanimously carried, Hodges absent, that R1221 and 20657 be adopted.
Adjourn as Community Redevelopment Agency; reconvene as City Council.
CITY COUNCIL
PUBLIC COMMENTS:
The following persons spoke in support of the elimination of resale restrictions.
Mildred Matzner, Palm Springs
Lia Konstas, Palm Springs
Marcia Sawyer, Palm Springs
Burton Stuber, Palm Springs
Darrell Keene, Palm Springs
Shirley Busch, Palm Springs
Sheere Dillon, Palm Springs
Bob Hill representing Susan in Sunrise Palms read a prepared statement.
Richard Pontius, Palm Springs
Elizabeth Baker, Palm Springs
Christine Baker, Palm Springs
Steve Vicory, Palm Springs
Jerry Hepworth, Palm Springs
Christine Wietlisbach, Palm Springs
Ken Tahama, Palm Springs
Alvin Haley, Sr., Palm Springs
Robert Meandenfair, Palm Springs
Mrs. Steven Vicory, Palm Springs
Robert H. Keane, Palm Springs
George Manglalacklez, Palm Springs
Council Minutes
07-16-03, Page 3
The following persons spoke regarding Item 15.
Milton Flack, El Dorado Mobile Home Park, stated El Dorado is affordable housing but
may not be after conversion of the Park; that the City should find the conversion as a
sham conversion and requested that Item 15 should be modified to assist the El Dorado
residents and that the Ordinance should be modified.
Joan Flack, El Dorado Mobile Home Park, stated that the Council should take action to
assist the residents with the sham conversion; that the Council is afraid of a lawsuit that
the costs will be too high for the residents to bear.
Latifa Clitzner, requested approval of Item 15.
Dick White, re: Foundation For The Retarded thanked Councilmember Oden for raising
the funds needed to host the event held at the Palm Springs High School Stadium.
APPROVAL OF CONSENT AGENDA: Items 1 thru 7.
It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, excluding
item 8, Hodges absent, that Items 1 thru 11 be adopted.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes June 18, 2003. Approved. Mills Abstain.
2. Res 20658 approving Final Map 30941 for Mainiero, Smith and Associates, Inc
representing Palm Springs Modern Homes II, LLC to subdivide property located
at 1450 and 1500 East Baristo Road, Section 14, T4S, R4E. A4731. Reller-
Spurgin abstain due to proximity of work.
3. SEE EXTENDED CONSENT AGENDA
4. MO 7341 approving Amendment 1 to A4582 (Supplemental Lease Agreement#1
to GSA Lease GS-09B-01291) for Transportation Security Administration office
space; and MO 7342 authorizing the City Manager to enter into Amendment 2 to
A4582 (Supplement Lease Agreement #2 to GSA Lease) which will establish
beneficial occupancy and institutes the higher lease rates.
5. MO 7343 authorizing the City Manager to accept Federal Airport Improvement
Program Grant 3-06-0181-36 (AIP-36) on behalf of the Airport.
6. MO 7344 approving an agreement with Architectural Resources Group, Inc for a
citywide historic resources survey for $50,000. A4732.
7. Res 20659 and 20660 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 989288 C. Kell-Smith Business Related
Reller-Spurgin 989470 Spurgin Family related
Council Minutes
' 07-16-03, Page 4
EXTENDED CONSENT AGENDA:
3. TRANSPORTATION SECURITY ADMINISTRATION — BAGGAGE AREA
Recommendation: That the Council award an agreement with WB Allen
Construction for the Design, Fabrication and Erection of a Pre-Engineered Metal
Building for the Palm Springs International Airport for $219,747. CP03-03.
A4733.
Resolution 20661 was presented; after which, it was moved by Reller-Spurgin,
seconded by Oden and carried, by the following vote, that R20661 be adopted.
AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst
NO: Member Mills
ABSENT: Member Hodges.
PUBLIC HEARINGS:
8. ANNUAL MAINTENANCE DISTRICTS (10) FISCAL YEAR 2003-04
Recommendation: That the Council confirm spread of assessment for Street
Lighting Maintenance District No 1 and 2; and overrule the protest on the spread
of annual assessments and confirm the diagram and assessment spread for
Street Lighting Maintenance District 3 and 4; and overrule the protest on the
spread of annual assessments and confirm the engineer's report, diagram and
assessment spread for Parkway Maintenance District 6-A, 6-B and 6-C; and
overrule the protest on the spread of annual assessment and confirm the
diagram and assessment spread for Parkway Maintenance District 7; and
overrule the protest on spread of annual assessments and confirm the engineer's
report and diagram and assessment spread for Parkway Maintenance District No
8 (Tract 24583-1, Parcel Map 25864) and 9, all for Fiscal Year 2003-04.
Director of Public Works/City Engineer reviewed the staff report.
Mayor declared the Hearings (8 Maintenance Districts) open; there being no
appearances, the Hearings were closed.
Resolutions (8) 20662-20669 as recommended were presented; after which, it
was moved by Mills, seconded by Reller-Spurgin and unanimously carried,
Hodges absent that R20662—20669 be adopted
9. QUIMBY ACT— MUNICIPAL CODE AMENDMENT— PARK FEES
URGENCY ORDINANCE — QUIMBY ACT - PARK FEES
Recommendation: That the Council make findings and approve an Urgency
' Ordinance requiring the dedication of land and/or impose a requirement of the
payment of fees in-lieu thereof, or a combination of both, for park and
recreational purposes as a condition to the approval of residential development;
and approve for introduction and first reading an amendment to the Municipal
Code regarding same.
Council Minutes
07-16-03, Page 5
Director of Planning & Zoning reviewed the staff report and Ordinance.
Mayor declared the Hearing open.
Ed Kibbey, Building Industry Association, stated that the reference to Section
66000 has nothing to do with the Quimby Act and does cause the proposal to be
defective; that the school property, Tahquitz Canyon Interpretative Center and
other areas should not be considered as usable acreage; and recommended the
ratio be at 3:1.
Marvin Roos, representing Mainerio, Smith &Associates, stated the Ordinance is
confusing; that some of the land being counted is questionable; that the General
Plan land usage should not be the same as what is being used in the
determination for the fees and that the fee should be a 3:1 ratio.
Van Stevens, Forma, Pat Blew, expressed concern regarding the proposal; that
other Valley Cities have the 3:1 ratio; that the Communities understand that
larger developments include many amenities; and that the private recreation
credit is questionable.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING THE DEDICATION OF PARKLAND OR TO IMPOSE A
REQUIREMENT FOR THE PAYMENT OF PARK FEES IN LIEU THEREOF
after which, it was moved by Mills, seconded by Oden and unanimously carried,
Hodges absent, that further reading be waived and the Ordinance be introduced
for first reading.
10. CASE 5.0666-B, 5.0934, AND 5.0576 — GENERAL PLAN LAND USE
ELEMENT AMENDMENTS
Recommendation: That the Council approve amendments to the General Plan
Land Use Amendments for Case 5.0666-B — PS Investment Company LLC (PS
Classic); Case 5.0934 — Desert Aids Project; and Case 5.0576 — City of Palm
Springs.
Councilmember Reller-Spurgin declared conflict of interest due to property
ownership regarding Case 5.0666B and exited the Chamber for that portion of
the Hearing.
Director of Planning & Zoning reviewed the staff report.
Mayor declared the Hearings (3 cases) open.
Wayne Brechtel, representing the Sierra Club and Center for Biological Diversity,
reviewed letters on File in Office of the City Clerk requesting modifications to the
portion of the Amendment concerning Cs. 5.0666-13 — PD231 — PS Classic
project or denial of the Amendment.
Council Minutes
07-16-03, Page 6
Joan Taylor, Sierra Club, stated that in 1993-94 a full EIR was requested; and
that same should be done at this point for any changes in the plan that were
originally submitted by Mr. Soloman.
Marvin Roos, representing all projects, requested approval of the amendments.
Mercedez Marquiz stated that if the resolution were not passed, critical deadlines
would be missed.
There being no further appearances, the Hearings (3)were closed.
Councilmember Mills stated that the landscape buffer is still of concern with the
PS Classic project.
Resolution 20670 as recommended was presented; after which, it was moved by
Mills, seconded by Oden and unanimously carried, Hodges and Reller-Spurgin
absent, that R20670 be adopted.
Councilmember Reller-Spurgin reentered the Chamber at this time.
11. CASE 5.0666-B — PD231 — PAT BLEW, PS INVESTMENT COMPANY LLC
(PS CLASSIC)
Recommendation: That the Council approve a Mitigated Negative Declaration
and Mitigation Monitoring Program; approve Planned Development District 231,
pursuant to 9403.00; Tentative Parcel Map 30928; and vacate a portion of the
westerly 15 feet of San Joaquin Drive right-of-way on a 460 acre site for property
located at the southeast corner of Vista Chino and Gene Autry Trail, Section 7
and 18.
Director of Planning & Zoning reviewed the staff report.
Mayor declared the Hearing open.
Wayne Brechtel, representing Center for Biological Center and Sierra Club stated
that the project proposed is not the same project as proposed in 1994; that the
negative declaration does not stand; that the milk vetch, was not an issue in
1994, but is today; that the Fringe Toed Lizard habitat has changed since 1994;
that this case needs an EIR; that the EIR should be required; and that there are
many species and issues that need to be addressed.
Ken Feenstra, Palm Springs, stated that the attitude of the Sierra Club towards
Palm Springs is disturbing.
Pat Blew, representing the developer stated that the goal is to start construction
before the end of the year; that the project does have a long way to go, but that
the developers are committed; and urged approval of the project.
Golf Course developer stated that staff and Council has been helpful to work
with; that the vision of the clients for this project has been to create one of the
finest golf courses in the valley; that the project was developed around the golf
Council Minutes
07-16-03, Page 7
course; that the views are outstanding; and that regarding endangered species,
the record of dealing with the issues stands.
Joan Taylor, stated that the Sierra Club does not apologize for its stands.
Marvin Roos, Mainerio, Smith & Associates, reviewed a letter in the staff report;
that Condition 14, regarding the sidewalk, has no dedicated right-of-way; that if
the City can get right-of-way the sidewalk could be considered and requested the
Condition be eliminated; that Traffic Item 107, the 5 offsite improvements are
approximately $120,000, that he developer would rather be able to phase the
payment in rather than when the first house comes in; that this area is traversed;
that the golf course will stabilize the area; and that it is believed that the issues
can be worked through and requested approval of the project.
Councilmember Mills stated that the milk vetch can be mitigated; that if the
suggested condition concerning the grading permit were added then the buffering
of existing single family to this project will need to be considered; that it is
important that the buffering be handled well; that the golf course is excellent; that
the hotel portion may need additional work and that this is an opportunity to
develop a major portion of the City.
Resolution 20671 as revised to include staff recommendations as listed in the
staff report and modifications to items 14 and 107 was presented; after which, it e
was moved by Mills, seconded by Reller-Spurgin and unanimously carried,
Hodges absent, that R20671 be adopted.
12. CASE 5.0934— PD281 — DESERT AIDS PROJECT
Recommendation: That the Council approve a Mitigated Negative Declaration
and approve Planned Development District 281, in-lieu of a change of zone to
facilitate the construction of 85 transitional housing units and a 31,422 square
foot Family Care Center for property located at the southwest corner of Vista
Chino Drive and Sunrise Way, Zone P and R-2, Section 11.
Director of Planning & Zoning reviewed the staff report.
Mayor declared the Hearing open.
Mercedes Marquez, Riverside County, urged support of the project.
There being no further appearances, the Hearing was closed.
Resolution 20672 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent,
that R20672 be adopted,
13. CASE 5.0576 — SP1A— CITY OF PALM SPRINGS
Recommendation: That the Council recertify Final Environmental Impact Report
with addenda and Mitigated Negative Declaration with addenda for the Canyon
Park Report and Spa Specific Plan 1A; and amend Specific Plan 1A, subject to
conditions.
Council Minutes
07-16-03, Page 8
Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of
property ownership and exited the Chamber.
Director of Planning & Zoning reviewed the staff report.
Mayor declared the Hearing open.
Wayne Brechtel, representing Sierra Club, recommend approval subject to
revisions.
Dana Prieto, ACDA, thanked staff for work on the project and expressed
commitment to project.
Nicole Kriss, Terra Nova Planning, requested approval of the project and added
availability for any questions.
There being no further appearances, the Hearing was closed.
Resolution 20673 as revised with conditions, was presented; after which, it was
moved by Oden, seconded by Mills and carried by the following vote, Hodges
and Reller-Spurgin absent that R20673 be adopted.
Councilmember Reller-Spurgin reentered the Chamber at this time.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
LEGISLATIVE ACTION:
14. FOUNDATION OF THE RETARDED-WAIVER OF FEES
On July 9, 2003 Council considered approval of in-kind support and waiver of
police service fees for the July 12, 2003 High School All Star Football Games
benefiting the Foundation of the Retarded of the Desert for$880, the Motion failed
due to a tie vote, with a Member absent, Council procedures direct the item to be
rescheduled at the next regular meeting.
City Manager stated that donations had been received to cover the costs and
withdrew the item.
15. MUNICIPAL CODE AMENDMENT - RENT
Recommendation: That the Council amend the Palm Springs Municipal Code to
add Section 4.08.136 relating to rental adjustments following the conversion of
rental mobile home parks to resident ownership.
City Attorney stated that Subsection E is the heart of the Ordinance; that the
mechanism would operate in tandem with the Government Code and is intended
to provide regulatory conversion without running afoul of the Courts' conditions;
that the conversion cannot be against Government Code 66427.5; that the Court
of Appeals did address the conversion being a sham to avoid local rent control;
that the Ordinance is to allow bona fide conversions; that grounds for conversion
Council Minutes
07-16-03, Page 9
are set forth in the Ordinance; that the concern being raised by the EL Dorado
mobile home residents should not be of issue, that the State Law does require a
survey conducted consistent with State Law and the Ordinance additionally
addresses the concern that the tenant survey must be done before the tenant
impact report; and added that he residents would like the conversion of 50+1 and
the third party appraisal be both included in the ordinance and that the appraisal
portion would also constitute a bona fide conversion status to convey the
Certificate of Bona Fide Conversion; and that the Ordinance will not apply to the
El Dorado situation only from here on, not retrospective.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 4.08.136 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING
TO RENTAL ADJUSTMENTS FOLLOWING CONVERSION OF RENTAL
MOBILE HOME PARKS TO RESIDENT OWNERSHIP
after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, Hodges absent, that further reading be waived and the
Ordinance be introduced for first reading.
16. MUNICIPAL CODE AMENDMENT—SEWERS (Intro 7-2-03)
Councilmember Reller-Spurgin stated Conflict of interest due to proximity of work
place and exited the Chamber.
City Clerk read Title of Ordinance 1630 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 15.14.020 OF THE PALM SPRINGS MUNICIPAL CODE
TO CLARIFY CONDITIONS REQUIRING CONNECTION OF EXISTING
BUILDINGS TO THE PUBLIC SEWER.
after which, it was moved by Mills, seconded by Oden and unanimously carried,
Hodges and Reller-Spurgin absent, that further reading be waived and Ordinance
1630 be adopted.
Councilmember Reller-Spurgin reentered the Chamber at this time.
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Oden: Requested a discussion regarding the Homeless Task Force be scheduled for a
future agenda; that an update on Biltmore Hotel is requested; and submitted a report
regarding burglaries, on file in the Office of the City Clerk.
Council Minutes
07-16-03, Page 10
17, TREASURER'S INVESTMENT REPORT as of May 31, 2003-Received and filed.
PUBLIC reports or requests
Theresa Redderson, Palm Springs, expressed concern on use of powered landscaping
equipment during daytime hours.
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
ATRICIA A.QAaRS
City Clerk