HomeMy WebLinkAbout1997 - MINUTES - 7/30/1997 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JULY 30, 1997
An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was
called to order by Mayor Kleindienst, in Studio B, City Hall, 3200 Tahquitz Canyon Way, on
Wednesday, July 30, 1997 at 5:30 p.m., at which tune, the City Attorney announced items to be
discussed in Closed Session, and at 7:00 p.m., the meeting was convened hi open session.
ROLL CALL: Present: Counrilmembers Barnes, Hodges, Oden, Spurgin, and Mayor ,
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Rev. Andrew Green, St.
Paul's in the Desert.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on July 25, 1997.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: Cornnendation presented by Cathedral. City Police Chief to Palm Springs
Police Officer Garcia on his help in capturing a robber in Cathedral City, while enroute home.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the
purpose of convening as the Community Redevelopment Agency; after which, members reconvened
as the City Council.
APPROVAL OF MINUTES:
It was moved by Spurgin, seconded by Barnes, and unanimously carried, that the Minutes '
of June 25 and July 2, 1997, be approved; Kleindienst abstaining; on June 25 minutes; and
subject to typographical correction.
PUBLIC HEARINGS:
1. MUNICIPAL CODE AMENDMENT - SWIMMING POOLS & SPAS
On July 16, 1997, the Council introduced ordinance to amend the Municipal Code to adopt 103-
by reference Riverside County Ord. 465.6, and to provide a basis for enforcement of State 047)
regulations relating to public pools and spas within the City, by [he County Department or
Environmental Health.
City Manager highlighted the memorandum of Director of Planning & Building; and City
Attorney noted that adoption of codes by reference requires a public hearing prior to
adoption.
Mayor declared the hearing open; there were no appearances, and the hearing was closed.
City Clerk read title Ord 1547; after which, it was moved by Hodges, seconded by Oden,
and unanimously carried, further reading be waived, and 01547 be adopted.
2. CUP 5.0648A- ATRIUM ENTERPRISES INC./P.,S. SPORTS FORUM '
Consideration of Planing Coimnission action concerning a conditional use permit for two
temporary tent structures for purpose of an in-Line skating rink, an ice skating rink and four
modular structures for food concessions, a pro shop, locker rooms, and restrooms, at the (078-
previous P.S. Market Fair site on the SE corner of Ramon Road and Crossley Goad, M-1, 060 )
Section 20.
Director of Planning & Building reported that this matter is before. the Council as a result of
request by Councilmember Spurgin for review by the Council, which is provided in the
Zoning Ordinance; that unless appealed, or brought for Council review by one of its
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Council Minutes
7-30-97, Page 2
members, the action of the Planning Commission would be final; that the Council may
uphold, modify, or overrule the Coin mission action; and that two resolutions were provided
for consideration, i.e., to uphold or to modify the action. He stated that the key issue
relates to the size and duration of the temporary structure; that the temporary structure is
governed by the Uniform Building Code (UBC); and it would be very costly for the
' applicant to deliver the permanent project all at one tune; that under the UBC, the
temporary structure is only permitted for up to six months; that the applicant requested two
years; that the building, planning and fire department staff have done exhaustive review in
contracting other agencies to see if that could be done, and no satisfactory response was
received as to the six month issue; that there are no additional street improvements required
on Ramon or Crossley in view of the Tribal Council position on prior appeal, even though
they are needed, and the street dedication and improvement will be appropriate when the
final permanent project is approved. He displayed plans, and elevations of the "tent
structure" which is 48 feet in height and very long, and stated that it will be unposing on
the site, aesthetically, but the Commission felt that it is an interim structure and the use
provides a recreation use that is needed, and that the remainder of the landscaping, with
some additional treatment on Ramon Road and the entry, could soften that impact. He
stated that Mr. Doug Bellogh advised hum this date that he is no longer affiliated with the �078
project.
060
In answer to questions by Council, Director of Planning & Building stated that the parking
will not be affected by the permanent structure, which will be on the former market fair
site, and there will be about 600 spaces.
Councilmember Spurgin stated that her concern in bringing this matter to the Council for
review was based on inconsistency with die UBC, the size of the structure, the 6-month/24
month time issue, and the fire and safety issues; that City staff expertise has reported that it
is not safe as proposed, and she felt that the Council needed to look at it, because
community safety is the Council's main job.
Director of Planning & Building stated that the Commission reviewed the staff
recommendation for a six month conditional use permit, and the temporary structure; that
following its hearing, the Commmission approved a 24-mouth CUP for the recreation activity
use on the property, which meant the applicant would not have to reapply; and restricted the
temporary structure to six months. Ile supported the staff recommendation; and added that
there are mitigation measures concerning the safety issues, i.e., fire sprinklers, additional
fire personnel during large-scale events, particulars regarding exiting, and installation of
water standpipes.
Mayor declared the hearing open.
Charles Duke, attorney for Frances Cummings and Arthur Diaz, property owners,
requested that conditions concerning street dedication (Nos. 2, 10 and 27) be deleted,
noting that the Tribal Council previously deleted the conditions from a prior permit on the
site, and that concerning the MVP, that matter is in litigation; that the owners otherwise
strongly support the project and believe it will be a tremendous improvement to Palm
Springs and provide a much needed facility.
Frances Cunnings, property owner, stated she would like to see the project proceed as
soon as possible, and that children have needed something to do in this area for many years.
' Barbara Fosler-Henderson, Vice-President of die Atrium Corp., stated that a single ice-rink
project was initially started for helping to revitalize downtown, and since grew as a result of
international interests which were expressed, and which led the company to potential
investors in Canada, who felt a larger-scale project would be better; that the Director of
Economic Development directed them to the subject site; that they negotiated a fair lease
with the owner; that since then, they have not been able to get the project on the site; that
they worked with the City staff, have lost their CEO; that they have received a great
response from Shipstead; that it is important to get the first phase up in order to get the
financing; that they have spent $800,000 thus far; that the temporary building is in Las
Vegas and ready for delivery, following the final payment of $50,000; that the structure
will be equipped with sprinklers, and they will employ the fire persomnel during large
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Council Minutes
7-30-97, Page 3
events, and will make certain the water standpipe is included and that the City knows when
special events are planned; that they will have to put $2.5 million into the temporary
facility, and the financial people cannot face the Pact that the structures would have to come
down in six months; and that it will cost $55,000-65,000 to install them, and again to
remove them.
Cameron Williams, Attorney for the applicant, stated that the site under lease contains a
total of 28 acres, not 20 acres shown in the staff report; that the strictures are "buildings"
and not "tents" and the flimsiness which that might imply; that the applicant will face
difficulties if they cannot assure the financiers that the structures can be in place for the full
two years; that he agreed with Mr. Duke that the dedication requirement should be deleted,
adding that the applicant does not own the property and such requirement is not appropriate;
that other peripheral conditions are appropriate for the final project and should be deferred
to that time; that many fees are felt to be inappropriate for the temporary phase, but not for
the final, e.g., TUMF, fringed-toed lizard habitat fee, and public arts, and that the normal
building, etc., fees appear to be calculated on the permanent building and should be
reviewed; and that in a similar way, the entryway landscaping should be deferred to the
permanent project.
Harry Henderson, applicant, displayed a rendering showing the permanent facility. (078-
Robert Keyser, Golf Club Drive resident, considered that the project was rushed, and
060)
commented that Crossley Road has not yet been completed in conjunction with the Mid
Valley Parkway, requires a detour, and is still only one lane.
Tailor Cushmore, resident, stated that the project sounds wonderful, but history is replete
with disasters which occurred in temporary buildings, and the Council needed to pay
attention to the fire concerns, as well as to the wind factor in this area.
Bob Wolf, Desert Coyotes Youth Hockey Association, stated that the project had its ,
groundbreaking at the first of the year, and he did not consider that it was being pushed
through in a hurry; that lie considered the concerns about size disproportional to the area it
will be located in, hi that it is a very open space, and that it is an ice rink; that he did not
think the City would allow a dangerous condition; that there is a church in Palm Desert
utilizing tine sane type of structure, as well as the casino in Pahn Springs, and, he hoped
there could be flexibility regarding the six months; and that a lot, of children in the Valley
are being driven to Riverside and Escondido and other places because there i:s no such
facility in this area.
Dick Sroda, resident, stated that the Planning Department stated that the existing, sign does
not comply with the City Code, and does not have a permit, and he questioned what would
happen if the structure is erected, and the project does not proceed after six months, and if
the applicant will post a bond to remove it, or if the City will have to do so.
There were no further appearances, and the hearing was closed.
Councihnember Hodges stated that a lot of information has been received; that she likes the
project, however, has reservations as to how it was being presented; that the permit is for
six months, yet the intent is for two years; that she would like to see the permanent facility
installed; that the casino is similar, however, it was not approved by the City, rather by the
Tribal Council, and erected by the Tribal Council action; that the street dedication is
important, and she understood the desire to delay it, however, it is a safety issue; that there
are no sidewalks on Ramon Road, and children will be walking across the bridge and then
not have sidewalks, because there is no dedication for them, and the dedication should not
be deleted, rather a stipulation as to enforcing it; that she was concerned about the
distinction between non-combustible and fire retardant, although site realized one is more
expensive, but it remains a safety factor, even though fire retardant would mean that the
structure would not be engulfed with flames, but would burn slowly.
Councihnember Oden stated he agreed as to the safety issues related to the right-of-way
dedication; that the recreation use will function very differently than the market fair, in
particular, regarding die number of children it will attract, in addition to the traffic in the
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Council Minutes
7-30-97, Page 4
area from the completion of the Mid Valley Parkway, and that needs to be addressed. He
questioned if the mitigation treasures recommended by the Planning Commission would
render the structure, per se, safe.
Director of Planning & Building stated that with the sprinklers, etc., conditions imposed by
' the Commission, the structure should be safe and he would not anticipate any problems;
that anything less than a strict interpretation of the UBC, the City would assume liability
because of its own interpretation of the Code.
City Manager added that the staff spent a lot of tune trying to see if there was any gray area
to allow stretching the time limit from six months to twenty-four months, and none could be
found.
Councilmember Barnes stated that the mitigation measures relate to a temporary situation,
and they would be more restrictive as applied to the permanent structure; that the UBC is
clear as to the six month limit, and if the City circumvents that, it would become a culprit
to anything that might happen- any loss of life, etc.
(078-
Councilmember Spurgin stated that the Council needs to be consistent in its application of 060)
the codes; that it has the UBC, and there is either compliance, or it is changed; that
regarding temporary versus permanent, the Council has the public arts fee, the TUMF, and
other codes, and it either applies them, or not, but it should be consistent one way or the
other; and that if anything happened, the Council would be very regretful if it made a
decision against the UBC.
Mayor stated that the City does not construct any of the uniform codes - building,
plumbing, fire, etc - which are developed nationally, and to which it adheres because they
are constricted to protect those who inhabit or visit structures; that if it did not adopt such
' codes by reference, it would be concluding that it knows more than the International
Conference of Building Officials, and it will take responsibility of that action; that he was
not prepared to take such action; that the proposed temporary structure exceeds that which
the UBC permits; that certain material factors can be mitigated, but there is no wiggle room
in terns of the six month tune period; that the Connnission recommended a two year
conditional use permit for the recreation use; that there are some areas in which the City
has no control regarding fees, i.e., TUMF, and any changes to those must be adopted
Valley-wide; that he agreed with concerns regarding safety of children and dedication for
sidewalks, and that must be part of the solution and worked out between the property owner
and the applicant.
In answer to question by Council, Director of Planning & Building reported that if the
Planning Cotmmission approval is upheld, the mitigation measures would apply, and the
temporary structure could remain six months, and thereafter, the applicant would have to
reapply; that if approved, as proposed in the modification resolution, the approval would be
for six months for both the use permit and for the temporary structure, the mitigation
measures required, and the payment of fees as stipulated; that the Code does not distinguish
between temporary or permanent, and there is no exemption for temporary facilities; and he
suggested that after the plans are seen, and the fees are known, and if the applicant is
aggrieved, the Council or CVAG be approached as to the TUMF fee, but at this time, there
is not enough information regarding that issue.
Resolution 19097, with revised conditions, modifying the Planning Commission action,
thus allowing a six month temporary structure, and a six month conditional use permit, was
presented; after which, it was moved by Oden, seconded by Hodges, and unanimously
carried, that R19097 be adopted.
Council Minutes
7-30-97, Page 5
3. TTM 28587-SHADOWROCK LLC
Recornnendatiou: That the Council approve Tentative Tract Map 28587 to create six lots
on Tram Way, approximately 1.5 miles west of Highway I I t (PD 224).
Mayor Kleindienst and Mayor pro tem Hodges, stated that they would abstain due to client
relationships; after which, Councilmember Spurgin was elected as ]Mayor pro tern.
Director of Planning & Building explained the development project for which the tract map
was being created, and which received exhaustive review and final approved FIR in 1993,
noting that after suit was filed, and lengthy negotiations with the Dept. of Fish &: Game, it
approved a settlement agreement to fully dismiss the litigation; that the proposed map
defines six parcels which outline the key development components, contemplated ill the
Planned Development District, the EIR, and the Disposition & Development Agreement;
that the applicant must still secure approval from other governmental agencies, and perform
conditions of approval before securing construction permits; that the overall project site is (137-
350 acres, and 565 acres of hillside have been dedicated to POST, which in turn has 106)
dedicated the area to the City for open space purposes. I-Ie displayed the site plans and
properties included, as they relate to the development plan, and constraints which were
added as part of the Fish & Game settlement agreement, which resulted in removing a large
segment of the residential area, and making it a golf course, and a minor adjustment to the
clubhouse, and an ultimate reduction in the number of residential units; that there has been
no increased impact, nor any significant new issues. He added that the map does not define
any individual residential lots, only the developable parcels; that Phase I will be the golf
course and clubhouse, and an improvement to a portion of Tram Way, with the remaining
street improvement in Phase 1I; that the next step will be the submittal of final development
plans for Phase 1; and that a revised resolution was prepared and distributed to the Council.
He slated that lie talked with the State Biologist, who feels the negotiated and executed
settlement agreement still stands, and the issues have not changed substantially.
Councilmember Barnes stated that he was pleased that so many of the questions raised were
answered.
Mayor pro tem declared the hearing open.
Jeff Geraci, Cathedral City, stated that it appeared no one was interested in the biological
diversion, and that those concerns have been thrown out the window; that anyone who
understands the biological diversion will understand the importance of the Big Horn Sheep;
that the golf course grass covers 90 acres, and will be watered with well water, which will
alter the entire land structure in the Tramway area; that the water discharge into the ground
will be prevented. He explained the amount of water used by other golf courses in the
Valley, and that he estimated the project will use 200 million gallons, which would provide
water for 540 families of five for one year. He also expressed his opinion that no further
golf courses are needed, and the recreational use of golf should be weighed against long-
term environmental goals.
James Cioffi, Architect for the project, stated he has worked on the project for the past two
years, stated that the aspects of economic development which will create jobs and increase
tourism carrot be ignored, and are more important than the money the developer might
make.
Joan Taylor, 1800 S. Sunrise Way, representing the Tahquitz Group of the Sierra Club,
stated that the concerns about the Big Horn Sheep are very legitimate and site urged a
proper environmental review to address these issues, which are noted in the document she
filed with the City Clerk this date; that there has been a further decline of the sheep to a
count of 280, and if the project proceeds to bifurcate their range, they may not be able to
recover; that it has been established since 1993, that the sheep use this range; that she did
not believe the mitigation is appropriate, and the project will have significant affects on the
enviromnent; that the City should do its own independent review:, and that because of those
reasons, and other changes in the projects, she urged this matter be continued, and an
environnental assessment prepared to address these issues.
Council Minutes
7-30-97, Page 6
Darrell Meeks, resident, stated that he favored the project, until it builds a casino; that he
felt the City needs this golf course, and two more which can attract tournaments like the
Bob Hope Classic, or the Skins Game.
Marvin Roos, Mainiero Smith, engineering firm for the preparation of the map, stated that
they have worked with the staff and the Commission to get the project to this point that it
is environmentally sensitive, as required; that the Tramway General Plan developed many
years ago, envisioned projects of this type in the area, and that there has been a long history
of this area for that purpose; that when Clue General Plan was updated a few years ago, it
was looked at again, and reaffirmed, and agreed that large-scale development was needed;
and that the conditions of the Connnission are acceptable.
Selena Tracer, resident, spoke in support, and stated the City needs everything it can get to
help it, and the project will be an enhancement to the north area of the City, and attract
other businesses. She expressed her opinion that the sheep have enough room to roarn.
Jim Jones, resident, supported the project, and stated that the water will still go somewhere; (137-
and that the quality of life is important, and it begins with good paying jobs, which he 106)
hoped this project would create.
Mark Bragg, Shadowrock, stated that the Fish & Game brought litigation because of its
concern that one of die western residential areas interfered with the sheep's migration from
north to south, and a mitigation was agreed upon to eliminate that residential area in favor
of golf course, which meant millions of dollars to the project in lost residential mots, and a
redesign of the golf course and the clubhouse, and a payment of $50,000 for the on-going
study of the Big Horn Sheep habitat, and other mitigations; that there is no impediment to
the migration; that he received a letter from Fish & Game restating its commitment to the
settlement agreement, and that it has no objection to the project; that there will not be a
water well dug, rather it will buy water from Desert Water Agency as ally other customer;
that twelve biological surveys were conducted, which he submitted a listing of, and he
believed those reflect that the Tramway Area is basically uninhabitable for the Big Horn
Sheep; and that the project should create 600 jobs.
There being no further appearances, the hearing was closed.
Councilmember Oden stated that the area is 45 minutes closer and 10 degrees cooler than
other down valley golf courses, which is attractive to Southern California corn nuters, and
the City needs what the project offers; that he was pleased with the adjustments made, and
felt it shows cooperation with the developer, the community and organizations that will give
approvals.
Director of Planning & Building reviewed the revised resolution, noting that it adds
conditions and findings regarding disturbance on the site being less than originally
expected. In answer to question, he stated that Train Way is a private road, and the
developer will have to enter an agreement for its use, and that those discussions are going
on now and it appears, they are going well.
Councihnember Spurgin commended Mr. Bragg for his tenacity, and stated that tie
community needs the project, and she has great hopes for it.
Resolution 19098, as revised, was presented; after which, it was moved by Oden, seconded
by Barnes, and unanimously carried, Hodges and Kleindienst abstaining, that R19098 be
adopted.
4. PMD9 - FLORA VISTA LANDSCAPED PARRWAY
Reconnendation: That tine Council confirm the Engineer's Report, overrule protests and (138-
order die improvements to establish Parkways Maintenance District No. 9 for a new 77-unit 007)
subdivision at Sunrise Way and Racquet Club Drive, under the Landscaping and Lighting
Act of 1972 and Proposition 218 requirements.
PIA�a9da-
Council Minutes
7-30-97, Page 7
Assessment District and Grants Manager Mohler explained that the residential project being
developed will install landscaping buffer and a condition of the project approval is that a
maintenance district be formed in which the City will only administer the district; that the
sole owner of the property has signed a ballot in favor of the district, covering 100% of the
current ownership; and that there are no costs to the City, and the costs will be assessed on
the tax roll.
Mayor declared the hearing open.
J.D. Ostick (?) representing the owner, stated that this is the most efficient and equitable
way in which to maintain the landscaping, and to enhance the overall development, and to
be an asset to the community. He urged approval.
There being no further appearances, the hearing was closed.
Mr. Mohler explained that the annual assessment is estimated at $226 per property,
however, the actual amount will be finalized after the landscaping is completed, and any
excess will be reflected as a credit on the following annual assessment; and that Landscape
West has submitted a proposal, and it will take over the maintenance, once the installation is
completed.
Mayor and Councilmember Hodges both expressed concern that the project is targeted to
low-moderate income housing, and the assessment could be difficult for some buyers.
In answer to question by Council, Mr. Mohler stated that the landscaping design is a desert
theme, and there will not be lawn, and that chip or bubbler irrigation will be used.
Resolution 19099 as recommended, was presented; after which, it was moved by Barnes,
seconded by Oden, and unanimously carried, that Rt9099 be adopted.
PUBLIC COMMENTS:
a) Comments concerning Item 5:
Forrest Ryon, President of the P.S. Board of Realtors, read a resolution, a copy of
which is on file with the City Clerk, requesting the immediate revocation of the
designation, "historical site."
Les Gathers, resident, urged that the property be fully reinstated, and added that (076-
the designation created all economic hardship and has had the opposite affect than 001)
intended, and the owner is totally opposed; and that he felt it is inverse
condemnation, and against the majority of opinrion of the community.
Barry Noble, real estate appraiser, agreed concerning property owners' :rights, and
illustrated his point using a building in New York being demolished, and its
associated Picasso at-[ work being moved; that he was a new resident, and
considered the gas station building a "wreck" and an exciting project should not be
upheld because of it; that there are other Frey works which are preserved; that
there has been time enough for persons who are interested in saving it, to have
raised the money to do so; and that he considered that people are laughing at Palm
Springs.
James Cioffi, resident, stated he is a former member of the HSPB, and he '
supported relocating the structure to a better location:, and that he prepared a
rendering depicting a possible use at the rail station.
Myra Goldwater, resident, stated she was pleased that there has been continued
discussion on this matter, and appreciated that the Council wants to do the right
thing; and that her concern was the property rights of the owner, and she was
willing to help resolve the issue.
Council Minutes
7-30-97, Page 8
Eleanor Corkle, Chairman of the RSPB, stated (hat the issue has become highly
emotional and orchestrated as a result of the Council's action to adopt the Board's
recommendation. She urged that the Council not take action until the emotion is
removed from the decision; that the best decision cannot be reached in the
pandemonium that has been reached in the past month, and suggested that the
Council refer this either to a citizens task force, or back to the Board, along with
Council suggestions or questions, to re-address the issue, and she urged that the
Council follow this normal procedure, as it has in other instances.
Don Frank, resident, stated that cleanup of the building could be a community
project. He stated that the Shadowrock project golf course will proceed according
to Mr. Bragg, and he questioned why die gas station site is needed; and that Mr.
Bragg should have to post a completion bond.
Joseph Possa, stated lie surveyed his clients, and their opinion was they considered
the building "ugly" and it should be eliminated.
Neil Annenberg, owner of the "Frey Building" stated he tried to communicate his
thoughts over the past weeks, but feels the Council has already selected a course of (076-
action; that he feels his property rights have been taken against his will, and that it 001)
was an unfair and inappropriate Council decision, and one which should be
reversed.
Mark Bragg stated that Councilmember Spurgin asked hum to write a letter
promising to refrain from demolition of the building for at least one year, during
which time the City and the HSPB and others interested will try to purchase and
relocate the building; that an engineering firm did a study of (he building, and told
him it is feasible and easily done to move it; that he has written a check for $5,000
as an initial contribution toward a fund to preserve the building at another location,
provided that it not be cashed until and unless the remainder of the money is raised.
He presented his letter and check to Councilmember Spurgin.
John Connell, resident, stated that in the past two weeks, he contacted someone
from the State Historic Board and an architect who handles historic building, and
he is willing to work toward a solution; that he met with a group of citizens last
week, interested in working on this issue; that the Odessey project is not going to
be built in four weeks; that he was willing to funds ise to match the $5,000; and
that he urged the building be painted, or flowers added, to make it more
presentable until it is either moved, removed, or saved.
Frank Wiskowski, resident, commended Councilmembers Barnes and Odell for
staying with their positions oil this matter; criticized the remaining members, and
expressed his opinions as to their actions
Selena Tracer, resident, suggested that the roof be removed, and used at the rail
station as was shown on the rendering; that the building could be painted and made
to look more attractive; that she was shocked by the Council initial vote; and that
she felt there would be a change of vote, after listening to people and reading the
newspaper as to how the community feels about the building.
Mike Allen, resident and businessman, slated that after the initial vote, he received
numerous telephone calls, and his main concern was the message being given as to
the taking of property; that there are bigger issues which need to be addressed,
which are difficult with nagging clouds hanging over; and that now is the time to
set aside the prior vote, and to lift the designation. He stated that as President of
the Chamber of Commerce he wished to compliment the Council for the majority
of good decisions it makes, and the good rapport it has with the Chamber.
Janice Lyle, resident, stated it would be an illusion to think that a decision made
under the highly public emotional response will mean that the issue will just go
away; that in light of the fact that the decision was made, there are a sequence of
things that innnediately go into place; that something may be required before a
Council Minutes
7-30-97, Page 9
change can be made; and that those should be clarified, and the nortnal, non-
hysterical process of review be followed, and implemented. She stated she did not
believe the community is of one view, rather it is divided in its thinking; that it will
not be an easy decision; and that there are means of helping the Council reach that
decision, and removing it from the emotional arena.
Scott Kennedy, resident, stated he resides near Racquet Club Road, and was '
hopeful of the future growth and beautification of the north area; that there are
abandoned houses, and failed properties, and Mr. Bragg's project may not be the
answer, and existing real estate needs to be made desirable; that there is already so
much available, another development may not be a cure, rather orily make the
existing properties even less desirable.
Jim Jones, resident, stated there is only one issue, and only one owner - Mr.
Annenberg - and the only one that has a right to do with it whatever he wishes to
do with it; and if people want to keep the gas station, they should buy it from him.
b) Comments on matters not related to an agenda item:
Taylor Cuslunor, resident, stated he recently moved to the; desert, and was thankful
and appreciative of the graffiti hotline and how quickly they responded. He also
commended the police department training in co inumity relations, and suggested
that while they see themselves as very helpful, which !fie agreed they are, they
sometimes need to be more strict in enforcing speed laws.
Fred Ebeling, resident, expressed his opinion concerning, the City, its employees,
and his reaction to having had his vehicle cited and towed for lack of vehicle
registration.
Dick Sroda, resident, referred to telephone calls le made: in an effort to obtain the '
number of persons who work for the City, and that he was unsuccessful in
obtaining the information, which he felt was easily elicited from other cities in the
Valley; that it is illegal to withhold public information; and that answers should be
available in "regular" and not "city" time.
Darrell Meeks, resident, expressed hope that the City Attorney had been consulted
that there is no violation of Prop. 218 concerning Item 211; and questioned whether
the properties to be accepted under Items 28 and 29 are within the City limits, and
if there will be any costs to the taxpayer, and if so, how vouch to police or maintain
the area; that he felt more attention could be paid by the mayor, but disagreed that
he should participate if he had a conflict of interest, and that the law should be
changed instead; and that lie felt the citizens police conumiittee meeting was positive.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Mayor and Councilmembers reported on various civic and commnmuty
organizational meetings and events which they attended, subsequent to the last
regular meeting, and announced upcoming events of community interest.
b) Mayor and Councilmembers also reported on status of activities and actions taken
by other intergovermnental agencies on which they serve as liaison, or appointee
representing the City. '
LEGISLATIVE ACTION:
Council Minutes
7-30-97, Page 10
5. HSPB 33 -TRAMWAY GAS STATION BUILDING
Consideration of rescinding Resolution 19047, and reclassifying the Albert Frey Building
(Tramway Gas Station) at 2901 N. Palm Canyon Drive, as a Class 2 designation.
' Mayor and Councilmember Hodges stated they would abstain because of business conflicts,
as previously report.
City Manager reviewed a proposed resolution, which would rather than redesignate the site,
it would create an ❑ndesignated situation, thereby allowing for discussion of alternatives.
He slated that Mr. Cioffi provided a rendering showing how the roof structure might be
used at the rail station. In answer to questions by Councihnember Oden , lie stated that (076-
funding would be one alternative to explore, and he would look to the Council for help in 001)
fundraising; that it would also require discussion with Mr. Annenberg, and with his
support, and the offer by Mr. Bragg, it would allow time in which to look at the issues; and
that concerning possible use of the building as a visitor center, it was looked at in the early
stages of decisions concerning the existing leased site, and found that the retrofit cost would
be higher than doing die sane kind of thing for the current location, and since the current
location was already under lease, it became an economic issue; and that when the gas station
became a larger issue, by then the visitor center lease was renewed and renovation
commenced.
Director of Planning & Building stated that the subject designation is not the first instance
of establishing a designation of which the property owner did not approve.
City Attorney stated that the HSPB ordinance does not require the owner's consent, nor
have a veto of the decision, but is notified of the review process; that there has been more
' conservative case law regarding property rights, and there have been cases upholding
property rights which would not have been in place ten years ago when the ordinance was
established; that he did not look at the validity of the ordinance, and there could be some
issues about whether property rights are protected in the Municipal Code, but he would
need to review that before giving an opinion; that there is nothing in the current ordinance
regarding the process to remove a designation; that a July 29 letter from Ms. Lyle and Mr.
Mills alleges that the decision to remove the designation would require an environmental
review; that one argument could be made that the designation has not been in place very
long, and there could not have been a lot of development that happened in the area since the
designation, but he had not done an analysis of it; and that the local designation makes a site
eligible for State or Federal designation, but it is not automatic.
Councilmember Barnes stated that be thought the intent in bringing this matter back to the
agenda was to reclassify the site, rather than to declassify it.
City Manager stated that the first action must first be rescinded, which would allow looking
at alternatives, and there would still be the opportunity to reclassify it.
Councilmember Barnes stated that changing the designation from a No. 1 to a No. 2 would
bring the situation to the point of where everyone seems to want to be, without totally
removing the safeguards; that he was encouraged by those who came and offered to help
with the funding, etc., in order to making something happen at another venue; that he like
the idea of locating the roof at the rail station, but funding needs to be considered, e.g.,
whether funds for the rail station can be used for the construction aspect, but not the
relocation.
In answer to questions by Councilmember Oden, City Manager staled that State grant
funds, together with local matching funds, were used to buy the land; and that grant finds
might be available for the roof design, as well as the construction; and that he would look at
the grant in teams of the roof.
Council Minutes
7-30-97, Page 11
Councilmember Oden stated that he was concerned that much of the process did not include
legal advice, and in the absence of that legal advice at this point, he was also concerned how
further action might complicate or create added issues.
Mayor pro tern Spurgin stated that the letter from Lyle & Mills indicated that the
designation automatically created certain legal protections for the building, which offended
her, in that on June 18 Mr. Mills stated it was a simple matter to remove the designation
either in two weeks or two years, and she felt that such representation placed the Council in
a position of believing that the designation could be changed at anytime; that she felt the
emotional situation was created when the vote was first taken, and had it not been taken, the
situation would be on a level playing field; that she spoke with Mr. Frey during the past
week, and he understood that the property belonged to Mr. Annenberg, and that he cannot
sell it with the designation as it stands, and that he was willing to have the building moved;
that there is the ability for everyone to be satisfied; that each member of the Council must (076-
vole what it believes is right for the community; and that the site should start with a clean 001)
slate.
Councilmember Oden stated he agreed, but questioned the process for getting there.
Motion by Spurgin to remove the designation was not seconded.
Councilmember Barnes stated that he did not think the "further resolved" clause contained
any teeth, and was a nice message; that he appreciated the desire by everyone to do what is
right; that]he understood Mr. Annenberg's property rights and al: the same time, the issue
has become so divisive and for every positive letter lie receives, he also receives a negative
letter; that lie did not consider that a mistake had been made, and took umbrage to such
statements; that lie made a decision and not "a mistake" and that. decision was to buy time
to try to figure out what to do with the building; that there was fear the building, was to be
removed, and he reacted with a decision that would lead to information as to what is really
going to happen on the site and with the Bragg development; that he understood the lease
payments have been made even through this time of trying to comae to a resolve; that he has
tried to find a way to satisfy all parties involved, and he sincerely believed it was possible to
nuke it happen, if everyone will work together; that he felt the roof would create a fabulous
rail station; that without the assurance of working together, and following-through, he was
reluctant to completely strip the designation, but a Class 2 would still allow that to happen.
City Manager slated he did not have the answers to all of the strings that needed to be tied
down; that his recommniendation was objective, and took the situation back to the beginning .
Mayor pro tern Spurgin stated that she gave her word to Mr. Frey, and she offered to help
raise the funds.
Councilmember Oden stated that he still had questions as to the process, and if the City
could end up in a worse situation, without first obtaining a legal review.
City Attorney slated that without a review, he could not give a. professionally competent
answer; and that lie understood the issues focused on whether environmental review is
required in order to remove the designation, what the process is for changing the
designation from one class to another; whether the current ordinance is valid and how it
relates to property rights and property owner consent, and if a figure property owner could
negate the decision; whether the existing resolution can simply the rescinded; that there is
clearly at least one person upset; that testimony indicated that the building was not going to
irnnedialely be knocked down, and there was a commitment in one case nothing would
happen right now.
In response to question by Mayor pro tern Spurgin, Councilmember Barnes stated he had a
letter from Mr. Bragg, mid spoke with him, about his lease payment and what would help
him in making those payments; that it was general conversation, and Mr. Bragg indicated
he would need to talk with his investors; that he agreed with the Mayor pro tern that he
Council Minutes
7-30-97, Page 12
would be upset if advice given as to the ease of removing the designation was not correct,
since lie relied on it in-part in making his decision; and that he wanted to make certain the
process was correct, and delay would be appropriate in order to have that assurance.
Councilmember Oden stated that the Council may have acted in haste based on the
information it was given, however, it should not do so again and only result in a worse
situation; and that there were clearly some procedural mistakes made when encountering
uncharted waters.
Following discussion, it was moved by Barnes, seconded by Oden, and carried by the
following vote, that this matter be continued to August 12, pending a review and opinion
from the City Attorney:
AYES: Barnes &Oden
NO: Spurgin
ABSENT: None
ABSTAIN: Hodges & Kleindienst
6. PUBLIC NUISANCE ABATEMENT PROCEEDING REPORTS
On July 16, 1997, the Council continued two reports for further consideration, and pending
additional information. Second report, costs waived.
City Manager reported that concerning the two items continued, the cost for 285 N. Indian (057-
Canyon of $2,387.64 was waived, and the cost for 4023 Calle de Ricardo was reduced 012)
from $541.01 to $250.
Resolution 19100, re 4023 Calle de Ricardo, as revised, was presented; after which, it was
moved by Hodges, seconded by Barnes, and unanimously carried, that R19100 be adapted.
7. CVAG VIDEO OUTREACH PROJECT
On June 25,1997, the Council continued consideration of a memorandum of understanding
with CVAG regarding acceptance, housing and funding telecommunications charges for
selected video conferencing equipment, effective July 1, 1997, and amending the budget (117-
accordingly. 042)
City Manager reviewed the project, and stated that the use of the small unit would reduce
staff travel tune, however, travel tune is not a shift in actual funds, rather a cost avoidance,
therefore, the smaller unit represents a new budget cost; that LMI indicated it would be
willing to accept the larger unit, but the City would have to pay for it; and that in the
coming year, the technology will advance from hard-wire to new state of the art technology.
Linda Krengel, consultant, stated that the numbers she projected originally did not include
the toll charges for initiated calls; that the 100 hours was based on every call being
"bridged" and every call being a toll charge.
City Manager stated that the MOU requires a commitment for two years for the 100 hours;
that a per hour analysis was not made, but could be done; that the travel time is an avoided
cost, because the party is not traveling to the meeting, however, is still involved during the
course of it via the conferencing, and there is not direct recapturing of the cost by charging
' it to another account; and the larger unit would have a $5,000 cost even if it was never
used.
Councihnernber Barnes stated that this is a demonstration project and to learn from; that
many thousands of dollars are spent on studies to find out if something is going to work;
that he feels this will work, and the real benefit cannot be accounted for on paper; tlrat lie
respected the concerns for the budget; and that considering the grant for the capital costs, it
is not a lot of money, and he felt there will be a saving.
0 .(i0
Council Minutes
7-30-97, Page 13
Councilmember Oden stated that this technology is happening now; that meetings and class
courses are being conducted in this manner at C.O.D.; that this is a pilot project, and he
also believed it will be successful.
City Manager stated that Ire was also concerned whether the 100 hours is sufficient, and he
was concerned about the lunitation on controlling the other sites; and that lie sees the
opportunity and the potential for the project.
Councilmember Hodges expressed concern as to the funding, and not the project per se;
and that regardless of the mount, it will have to come from fund balance, and she would
not vote for it for that reason; that the Council is only one month into the new budget, and
would already be taking from fund balance; and that although the City Manager was asked
to look at other sources, there obviously were none.
Mayor stated that the project is one idea of the information team, which was taken to
CVAG and support was obtained; that the intent was to gel into a knowledge-based
economics, paralleling the virtual university, and in-keeping with developing with Nortel, in
keeping with where the pollution and transportation related issues are headed; that the
project received local transportation funding, and all agencies have been impressed with the
possibility of what can be offered; that lie considered it worthwhile, that hardware is needed
regardless of how the information is transmitted, and the City will receive that (about
$60,000 in value); that it will mainly benefit staff, because of Brown Act limitations for
elected officials; and that legislation is being explored to address flat aspect.
Councilmember Hodges concurred, and added that the Council must live within the budget
it has, and be responsible for the money it has today; that the Council will be seeking
approval of the utility tax; and that there may be other urgencies for which the fiord balance
will be needed.
Minute Order 6000 and Resolution 19101, (Option B), was presented; after which, it was
moved by Kleindienst, seconded by Barnes, and carried by the following 'vote, that
MO6000 be adopted:
AYES: Barnes, Oden and Kleindienst
NOES: Hodges and Spurgin
ABSENT: None
8. RECYCLING CENTER- DESIGN SERVICES
Recommendation: That the Council approve agreement with Interactive Design
Corporation, to prepare preliminary design and cost estimate for 4he "next phase" recycling (148_
facility; and amend the budget to appropriate $100,000 from the AB939 Fund Balance to 003)
cover the costs thereof. A
This item to be rescheduled for September 3, 1997.
9. EXTRA ENERGY EFFICIENT HOME PROGRAM
Recormmendation: That the Council approve the creation of an "Extra Energy Efficient (E)
Home Program" for new construction, as developed with First Point Utility Solutions and
die California Energy Commission.
This itern to be rescheduled for September 3, 1997. '
to. COMPUTER SYSTEM REPLACEMENT (YEAR 2000)
Recommendation: That the Council amend the budget to appropriate $140,000 1For the first
phase of the implementation of a new city-wide computer system. (117-
038
City Manager reported that the system replacement has been deferred for a number of
years; that funds are budgeted in the 1997-98 budget; and the: approval will result in a
cormnitment over several years - estimated total project$382,000.
0-L 1�.1
Council Minutes
7-30-97, Page 14
Resolution 19102 as recommended, was presented; after which, it was moved by Hodges,
seconded by Barnes, and unanhnously carried, that R19102 be adopted.
11. AIRPORT LEASING- REAL ESTATE COMMISSIONS
Recotmnenclation: That the Council approve a new policy concerning real estate
eo ur issiorus on the lease of Airport property, and rescind applicability of Res 8780 to the(051-
Airport property. 074)
City Manager highlighted the memorandum of the Director, Dept. of Transportation.
In response to question by Council, Director of Transportation stated that if a 25-year
tenant were obtained, the commission would be paid, and if that same tenant goes out of
business, the lease could be renegotiated, or a new lessee found, and in either case, a new
commission would be paid.
Resolution 19103 as recotmnended, was presented; after which, it was moved by Spurgin,
seconded by Oden, and unanimously carried, that RI9103 be adopted.
12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION - ORGANIZATIONAL
STRUCTURE
Discussion regarding RCTC action to pursue legislation to amend the organizational
structure of the Commnission, including language regarding alternates for members, voting, (123-
weighted vote, and quotwn. 025)
Mayor explained how the weighted vole would work, and noted that the proposal will
restructure RCTC because it currently does not provide representation to all cities, in terns
of voting.
Councilmember Hodges stated that Paint Springs will be in less of a position under the
weighted vote scenario, since neither it nor the Coachella Valley has the population to
control a vote, but currently it has three of the seven members which represent it, including
the Supervisor..
Mayor stated that while Palm Springs "is heard," it cannot make a motion at the
Commission meetings, or vote on motions, unless its representative is not present (Kelly);
that the voting power would be reduced from 30% to 12%, and that the structure proposed
is similar to that of SANDBAG; that if it is to be reconstructed, some urgency work will
need to occur in Sacramento; that if the City does not support it, he felt it will be approved
by the majority of the cities; that the WRCOG was becoming in-cohesive, and there has
been some talk as to RCTC taking over its transportation issues; that the proposal would
require a representative from each city, who would have to be present to vote; and that he
did not think Palm Springs was suffering under the current representation.
Councilmember Hodges stated that she would like to see the Coachella Valley cities join
together to see if they could form their own transportation commission subdivision, and
noted that Banning and Beaumont have already indicated a desire to join CVAG; and that
CVAG might be perfect for it.
No specific action was taken; members indicated an affirmation to the Mayor that they did
not wish to support making any change to the RCTC structure.
13. CUP 5.0749 - CONVENIENCE & NECESSITY
Reconunendation: That the Council adopt resolution of convenience and necessity in order
to establish a blues and jazz cocktail lounge at 135 E. Tahquitz Canyon, CBD, Sec 15, Kal (078-
David and Lauri Bouo. 061)
Councilmember Spurgin stated that in this case, she considered this a legitimate business in
the central business district.
llh Council Minutes
7-30-97, Page 15
Resolution 19104 as recommended, was presented; after which, :it was moved by Spurgin,
seconded by Barnes, and unanimously carried, that R19104 be adopted.
14. CITY HALL RENOVATION
a) Discussion, comment and direction, if any - none. '
15. MUNICIPAL CODE AMENDMENTS (Intro. 7-16-97)
City Clerk read titles of Ord 1548 regarding motion and commercial still picture (103-
regulations; and of 048)
Ord 1549 regarding Board of Appeals, final authority;
after which, it was moved by Spurgin, seconded by Oden, and unanimously carried, that
further reading be waived, and that 01548 and 01549 be adopted.
16. ADDITIONAL LEGISLATIVE ITEMS: None
CONSENT AGENDA:
17. MO 6001 approving contract with the City of Desert Hot Springs for use of the Palm Springs (006!)
Police Jail facilities, for one year, at$110 per prisoner, A3829.
18, Res 19105 approving continuing appropriations from the 1996-97 fiscal year into the 1997-98 (061-
022)
F/Y.
19. MO 6002 and MO 6003 approving purchase of a CNG powered detective unit (sedan) and a (084•-
015) '
CNG powered, 12-passenger Van for prisoner transportation from specified vendors for
$19,325 (Cunningham Motors) and $27,351.85 (Glendale Dodge), respectively, plus delivery
charges and taxes, for a total of$46,676.85.
20. MO 6004 terminating agreement 3275 with the Molt Group, and approving agreement with (112-
NRO Engineering, for plan check engineering services, not to exceed $26,875, and expiring on 005)
October 20, 1997, A3830.
21. Res 19106 amending the Comprehensive Fee Schedule to increase fees for range use relating to (114-
concealed weapons permit qualifications, and to implement other fees for use of the Police 010)
Range.
22. Res 19107 approving Work Authorization#22 with Gensler Associates, for Airport Tenninal (051-
Expansion Phase IIA, plan updating and construction phase services, for $818,000, A2781.
055
Kleindienst abstained.
23. MO 6005 approving Amendment No. 2 to agreement with ASL Consultant, Inc., CP95-06, for (123-
PM-10 Street hnprovements, for an increase of$22,985, A3672. 01I)
24. MO 6006 approving Amendment No.2 to agreement with Sanborn A/E to extend term of the (112-
contract for plan check services from September 25, 1996 to September 30, 1997, A3584. 00!5)
25. MO 6007 award contract to Jamison Engineering, Inc., for installation of two city provided, (127-
EIMOC trickling filter mast type rotary distributor center at the Wastewater Treatment Plant for 001)
$29,265, and removal of approximately 500,000 gallons of sludge and grit from the digester
unit at $0.05 per gallon, plus fixed move-in and move-out of$5,000, total cleaning not to
exceed$30,000, for a total contract amount of$59,265, A3831.
26. MO 6008 approving Amendment No. 1 to contract with P & D Aviation for Airport Retail
Master Planning work, for an increase of$81,614, making a total contract of$151,334, (00551)
A3828.
Council Minutes
7-30-97, Page 16
27. Res 19108 approving acquisition of right-of-way/easement from allotted Indian landowner, (123-
Belinda Sue Short, for$65,170, includes $300 administrative cost to BIA, for the Mid-Valley 020)
Parkway.
28. Res 19109 accepting gift deed for 80 acres for open space in Section 15, Palm Hills Area, from (109-
' P.O.S.T. 009)
29. Res 19110 accepting gift deed for 565 acres for open space ill Sections 5 and 8, north of Chino (109-
Canyon at the base of the San Jacinto Mountains, from P.O.S.T. 009)
30. MO 6009 approving extension of the FAA Remote Transmitting Facility land site lease (A1322)
051
on a year-to-year basis beginning October 1, 1997; and approve a new lease for the Visual (013
Approach Slope Indicator Power and Control Equipment, commnencing May 12, 1997, and )
continuing on a year-to-year basis; both agreements not to extend beyond 2017, A3833.
31. Res 191 It approving Claims & Demands - abstained: Hodges #922924, 922986; and Spmrgin (086-
N92296 L 016)
32. Motion approving Settlement with Mark Sofonio concerning the abatement of nuisance referred
to as the Sand Castle Inn, at 2330 N. Palm Canyon Drive, A3817. Withdrawn
It was moved by Oden, seconded by Barnes, and unanimously carried, that R19105 through
19111 and MO 6001 through 6009 be adopted, with abstentions as noted, and Item 32
withdrawn.
ADDED STARTERS: (City Manager reported reasons for need for action on The following matters;
and it was moved by Barnes, seconded by I-Iodges, and unanimously carried, that these matters be
determined eligible for consideration, and added to the agenda)
' 33. POLICE ARMORED VEHICLE
Recommendation: That the Council approve purchase of a multipurpose armored rescue (113-
vehicle, using Asset Forfeiture Account funds, not to exceed$16,700. 006)
City Manager highlighted the Police Chief memorandum, and stated that there are very few
of such vehicles available, which are military surplus, and it will be worth it if it saves one
life.
Police Chief stated that Cathedral City was being asked also at its meeting of this date, to
share in the cost and to share in tine use of the vehicle; that funds in tine forfeiture account
are designated for special equipment; that a Mercedes sedan used by tine detective unit will
be sold, and those funds used to offset the purchase - estimated revenue $11,000-12,000;
and that there is about $50,000 in the account before the subject purchase is made.
Minute Order 6010 as recommended, was presented; after which, it was moved by Barnes,
seconded by Oden, and unanimously carried, that M06010 be adopted.
34. COMPUTER PURCHASE
Recotmnendation: That the Council approve purchase of 80 COMPAQ Model 1130T
notebook computers, including carrying cases, for the Police Department for$99,840, plus (113-
tax, from CDW Computer Discount Warehouse (ILL); funded through tine "Cops-More" 006)
State and Federal Block Grants.
Minute Order 6011 as recommended, was presented; after which, it was moved by Spurgin,
seconded by Oden, and unanimously carried, that M06011 be adopted.
REPORTS & REQUESTS:
PUBLIC reports or requests - None
Council Minutes
7-30-97, Page 17
CITY COUNCIL reports or requests
a) Councihnember Oden requested that staff look into the feasibility of domestic
partner employee benefits.
STAFF reports or requests - None '
There being no further business at 12:45 a.m., the Mayor declared the meeting adjourned.
JUDITH SUMICH
City Clerk