HomeMy WebLinkAbout1998 - MINUTES - 10/7/1998CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
OCTOBER 7, 1998
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, October 7, 1998, at 6:00 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden, Reller-Spurgin,
and Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Rev. James H.
Griffes, P.S. Presbyterian Church.
PRESENTATIONS: Medal of Valor Recipients - Gary L. Vess; Claude G. Mollot
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on October 2, 1998.
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; after which,
members reconvened as the City Council..
APPROVAL OF MINUTES:
It was moved by Barnes, seconded by Oden, and unanimously carried, that the
minutes of September 16, and 21, 1998 be approved; Hodges & Kleindienst
abstaining on Minutes of September 21, 1998.
PUBLIC HEARINGS:
1. PD 226 - TM27674 (GOLDRICH KEST) AMENDMENT
Recommendation: That the Council approve a revised planned development
district, to amend one of the original conditions (No. 14) for an existing 148-unit
condominium project at 1900-1950 S. Palm Canyon (Sandstone Villas
Condominiums), R-2, Section 26. (116-
Director of Planning &Building reviewed details of his report, noting that this 093)
project was a conversion from apartments to condominiums in 1993, which included
a density transfer in return for setting aside 31 units for affordable low -moderate
' income housing; that the restricted units and the unrestricted units are now both at
the same value, making the restricted units unmarketable; and that the Planning
Commission recommended approval of the revision, subject to the payment of a
$50,000 contribution to the housing fund.
Mayor declared the hearing open.
Ken Loesch, on behalf of the developer, stated that they have given consideration to
this condition over the past several years; that the units began selling in March,
1994, but after one year none of the 31 units had been sold; that they were
Council Minutes
10-7-98, Page 2
marketed again for another 120 days, in concert with CVHC and the City's
Economic Development Department; that the City was then approached as to the
possibility of relieving the restriction on the units; that the developer has agreed to
the $50,000 contribution, and noted that they have already given $150,000, $60,000
of which was used to purchase property in the Snow Creek area, and a portion of
40 acres of wildlife land; that the units can be sold to anyone of low/moderate '
income, and the question to the buyer becomes one of whether to buy a unit with
restrictions, or one without; that there are only four 3-bedroorn units, which sell for
$80,000 and the one -bedroom sells for $44,000, with sizes ranging between the two
from 1,500 square feet to 900 square feet, and 1100 square feet for the 2-bedroom
units, which sell for $52,000.
There were no further appearances, and the hearing was closed.
City Attorney stated that this situation illustrates the need to be careful on future
projects where this mechanism is to be considered, which in this case, it did not
accomplish the intended purpose; that the units will come out of the restricted
classification, but from a practical matter, they are still serving; the targeted segment
simply because of their price.
In response to questions by Council, Director of Planning &, Building stated that
project which existed was over density to allow conversion to condominiums, and
in order to retain the number of units desired, a comparable amount of hillside had
to be acquired in order to transfer the number of units from hillside (thus remaining
open space) as credit for the number of units over that which would have been
allowed; that a total of 18 units was needed, which translated into 320 acres of land;
that the developer acquired and dedicated 40 acres of outstanding hillside habitat,
and the remainder of the funds were placed into an account to be leveraged to
purchase acreage in Snow Creek, with funds still remaining for additional '
purchases, thus ending up with more than the 320 acres "transferred." He
explained that in order to receive the density transfer, the developer is required by
State law to set aside a certain number of units which must be offered to low and
moderate income individuals; that the developer complied, but it has not worked, in
that the ultimate housing product in this case is the same for both the restricted and
unrestricted unit.
Councilmember Hodges stated that families need 2-3 bedrooms; and that perhaps
the prices of the restricted units should be reduced, utilizing the $50,000
contribution to do so.
Mr. Loesch responded to questions and stated that the prices were established when
the project was approved, and those have not changed; that buyers qualify by
"backing into" the mortgage payment price - a process of making certain deductions
from income, and a percentage formula, resulting in remaining funds available for
mortgage payments; that the City established the criteria at. the time of project
approval, and two different prices was not one of the criteria; that many of the
unrestricted have also not sold, snaking it that much more difficult to sell the
restricted units; that the prices of the units meet the affordable criteria, but because
of the market conditions, the price of the unrestricted units had to be reduced,
which means that now both types of units are the same price.
City Attorney stated that it does not make sense to offer a deed restricted unit in '
this type of project where there is no price differential, since there is no incentive to
buy the restricted unit, when the same buyer could buy the unrestricted unit,
therefore making the restriction a disincentive; and that a strong housing market
might have made a difference.
Councilmember Oden stated that hopefully these projects will be looked at more
carefully in the future.
Council Minutes
10-7-98, Page 3
Councilmember Barnes stated that the economy at the time the decision was made
was such that there was an expectation that the market was going to go up, and the
decision was valid at that time, but that did not happen.
Resolution 19367 as recommended, was presented; after which, it was moved by
Oden, seconded by Barnes, and carried by the following vote, that R19367 be
' adopted:
AYES: Barnes, Oden, Reller-Spurgin and Kleindienst
NO: Hodges
ABSENT: None
2. TPM 28918 (LAMAR COMPANIES) - P.S. MALL
Recommendation: That the Council approve a tentative parcel map for the creation
of a four -lot subdivision at the Palm Springs Mall, CSC, Section 13.
Director of Planning & Building reviewed details of his report, noting that the mall
property will be divided into four parcels, of which Parcel 4 contains the existing (137-
mall buildings; that Parcel 1 contains the former theater buildings, and is being )
purchased for the film festival events and activities; that Parcel 2 is on the SE
corner of the mall site, and is being pursued for a restaurant and retail use; and that
Parcel 3 on the NE corner if being developed for a Jack -in -the -Box. He noted
Sunline's requests concerning bus stops with full turn -outs; and that staff
recommended the deletion of Condition No. 11, which was a leftover condition
when the original recommendation called for a bus stop on Tahquitz and it is not
necessary as there is an existing sidewalk. In response to question by Council, he
stated that the Jack -in -the -Box site does not currently meet required setbacks (10 ft.
' instead of 20 ft) but the final plans submitted show a small area proposed to remain
at the 10-ft with the balance to comply with the 20-ft requirement, and that there
will be substantial landscape upgrading on the corner.
Mayor declared the hearing opened.
Bonnie Garland Goss, attorney for applicant, spoke in support of the application,
and stated that it complies with the City's requirements, the General Plan, and does
not damage the environment, and helps protect the health, safety and welfare of the
community.
Mike Shanley, Realtor representing buyers Mr. & Mrs. Supple, stated that the
Supples purchased the SW corner site for the Film Festival events and activities,
and will also be purchasing Parcel 2 on the SE corner of the site, also for Film
Festival offices, thereby any concerns regarding traffic that might otherwise have
been in place with a restaurant use, should be alleviated.
Larry Lange, Executive Vice -President Lamar Companies, expressed appreciation
for the staff and commission support during the application process, and spoke in
favor of the recommendation.
Peter Pappas, architect for the applicant, indicated his availability to answer any
questions.
' There were no further appearances, and the hearing was closed.
Mayor stated that the owners are able to sell a parcel, thereby generating additional
revenue and economic enhancement to the community, and revenue from the sale of
it would be able to be used to add back to improving the remainder of the Mall site.
He stated that there is an isolated island of R-1-AH zoned property to the east,
which allows keeping horses, and the signing for the safety of equestrian crossing to
get to the washes needs to be addressed.
I t, 18 T,
Council Minutes
10-7-98, Page 4
Resolution 19368 as recommended, revising Exhibit to delere Condition 11, was
presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and
unanimously carried, that R19368 be adopted.
3. AIRPORT NOISE COMPATIBILITY PROGRAM - RES. OF NECESSITY
Recommendation: That the Council adopt resolutions of necessity for the '
acquisition of five parcels, including residential units, located north of the Airport,
which are inside the future runway protection zones and within the CNEL 65 (051-
contours. Hearing continued from September 16, 1998; Sungold properties to be 046 )
renoticed for hearing.
Mayor stated he would abstain due to prior FPPC ruling concerning the Airport
Master Plan.
Director, Dept. of Transportation stated that the hearing was opened on September
16, and at that time, there was a proposal concerning properties at the south end of
the Airport runway; that the hearing was continued to this date:; that subsequently a
question arose as to the zoning of the parcels on the south side, which requires
FAA response, and they have been removed from consideration at this time, and
any hearing thereon will be re -noticed, and the owners have been so advised. He
stated that the acquisition of the parcels is addressed in the land use element to the
FAA approved master plan; that they have been appraised, and those appraisals
reviewed by a second appraiser as required by the FAA; that negotiations
commenced, and offers were made, but no agreement reached; and that the owners
have been advised of the hearing. He read Sections 2 through 7 verbatim, as
contained in the proposed resolution, making the required findings. He stated that
the parcels involve a home, business and 2 lots, a home, and a vacant lot.
Mayor pro tem declared the hearing opened. I
Duff Murphy, attorney for the Millers, owners of 2 of the vacant parcels, stated
that the points necessary to adopt a Res of Necessity have been read, but "eminent
domain" is the next step; that it has been incorporated into the State Constitution,
which states that no private property may be taken without just compensation; that
the Council should consider the following points:
a) Is the property necessary for the project? He stated that his view of the
FAA requirement is that the property needed to be acquired is residential
property, or vacant property that is zoned residential; that the two vacant
lots owned by the Millers are zoned Professional Zone, which was applied
within the past 18 months; that it was reported in the findings that the EIR
was certified, and that there were no substantial changes, however, it was
certified having addressed the need to acquire residentially zoned property,
or property which had a residence on it; that the Miller property was
previously zoned residential, at the time the EIR was certified, and
subsequently changed to a Professional zone, thus there has been a change
in facts, which would render invalid for that point, the finding in the FIR
that the property that is necessary for the project is zoned appropriately.
b) Regarding the offer required by Government Code 7267.2, he stated his '
belief that the appraisal that was conducted, and that was made, was based
on the property zoned and used for residential, and the appraiser did not
take into consideration the professional zone of the two vacant lots. He
stated that it belies the statement that a review appraiser, certified by the
State of California, has also reviewed this appraisal and considered the
professionally zoned property "residential" zone; that under the Federal
Land Acquisition Program, a review appraiser is absolutely necessary
before any offer is made to the property owners; that the property owners
have been given an appraisal based on a residential zoned property, which
the Council rezoned to professional within the past 18 months; therefore,
Council Minutes
10-7-98, Page 5
the EIR is deficient, the offer made is deficient, and the property is not
necessary for the project as found by the FAA, insofar that it is zoned
professional and not zoned residential. He stated his belief that the
continuance of the other hearing that was set for this date has been
continued for the very purpose of considering non -residentially -zoned
property; and he requested that the Council defer the Resolution of
Necessity until it has cleared with the FAA the ability to acquire non -
residentially -zoned property under this program; or that the Council reject
the Resolution of Necessity for the Miller's property.
Fred Ebeling, resident, expressed his opinion concerning public employees, and that
the Council's job is to protect the public and the Bill of Rights; that he felt the
Council deprived the people from doing business.
Ron Miller, 1750 Sharon Road, stated he looked forward to a jury deciding what is
a fair and equitable decision.
In response to question by Council concerning Mr. Murphy's comments, the City
Attorney stated that a letter was sent to the FAA concerning the zoning of the
property, and whether in its opinion a change in the zoning changes the necessity
for the property; that an answer is expected, and the Council may wish to continue
the hearing on this until that response is obtained.
Councilmember Barnes stated that if appears that the Council may be getting ahead
of itself, and the letter is needed, the matter should be continued.
City Attorney stated that there is no reason to think that it will change anything; but
it is in process, and to make certain, the Council should go ahead and get that
' response; that the hearing has been closed, and he did not see any reason to reopen
it; and that it could be continued to the next meeting. In response to additional
question, as to what would happen if the property were not acquired, he stated that
as far as he knew, the FAA deem it to still be critical, but the response will make
that clear.
It was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried,
Kleindienst abstaining, that further consideration be continued to October 21, 1998.
PUBLIC COMMENTS:
a) Dr. Glen Grayman, Desert Healthcare (Hospital) District presented a check
for $25,000 to allow the Fire Department to purchase eight automatic (087-
external defibrillators. Expressions of appreciation were extended by the 003 )
Mayor and Council, and the Fire Chief.
b) Comments concerning Item 18:
Dick Sroda, resident, stated that there are serious questions which need to
be addressed, and that the set-up and dismantling for the race extends over
30 days; that he questioned how much the race will cost the City in time or
money. He also commented concerning the tires dumped near Gene Autry
Trail and Ramon from the last race, and questioned why it has not been
' cleaned up.
c) Comments on matters not related to an agenda item
Mike Riddle, attorney with Best, Best & Krieger, representing the Desert
Water Agency, stated that the DWA was surprised by the Council's last
action and disappointed to be excluded frorrl_consideration of operating the
Wastewater Treatment Plant, and that the short list be limited to only two
firms; that the suddenness of the decision caused it to be wary about future
surprises the Council may unfold; that over the past twenty years, the DWA
(127-
005)
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Council Minutes
10-7-98, Page 6
and the City have had a number of written agreements for the construction
and operation of facilities to treat the City's waste water and to produce a
reclaimed water source that is used for irrigation purposes, in -lieu of the
potable water supply; that $12 million has been spent by the DWA in
reliance on those agreements, and any change or interruption occurs in that
operation, it could breach those agreements, and cause substantial monetary
damage to the DWA and its customers and taxpayers, and could result in ,
adverse impacts on the environment and the quality and quantity of the
drink water supply, and therefore any change or interruption in that
operation, under CEQA, would require careful analysis of the
environmental impact; that a mere change in the operator could result in a
change of the operation, and therefor would also require a careful analysis
under CEQA. He stated that the DWA customers and taxpayers have a
important stake in the Council's decisions regarding the WWTP, and the
DWA is very concerned about what may occur, and wants the Council to
know it is watching carefully, and monitoring, and hopes that Council will
coordinate with it in the decisions which the Council rnakes.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
a) Mayor and Councilmembers reported on various civic and community
organizational meetings and events which they attended, subsequent to the
last regular meeting, and announced upcoming events of community
interest.
b) Councilmember Oden noted that the Uptown Association will be changing
its meeting dates to the first Tuesday of each month, and he may no longer
be able to attend due to a teaching commitment after the first of the year.
He stated that he understood the issue of the tires on Gene Autry will be ,
addressed in the near future; requested staff take appropriate action
concerning trash thrown over fences from Calle Encilia to Indian Avenue in
the downtown area; announced a block party and celebration to be held
November 14, 1998 in honor of the Desert Museum and City's 60th
anniversaries, and that funding will be sought, and fie asked that the City
Manager address that; announced compliments received about city staff at
the League of California Cities Annual Conference; and expressed
satisfaction at the variety of new projects currently underway.
c) Councilmember Barnes requested that the City Manager obtain certain
materials provided as a handout relative to privatizing services at the
League Conference; announced that the task force Looking at building &
planning processes will maintain a focus on the larger policies and
procedures picture, and not get bogged down in individual projects.
d) Mayor requested update on status of parks restroorn repairs which was
budgeted for this year; requested information as to process for cleaning and
picking up debris blown onto the Airport chainlink fencing along
Farrell/Vista Chino, as with the retention basin area; commented on the
recent fire and work of the fire department and the number of response
calls; and commented regarding the shooting at the Riverside City Council
meeting room.
LEGISLATIVE ACTION:
[I
Council Minutes
10-7-98, Page 7
4. P.S. DISPOSAL SERVICES - CONTRACT AMENDMENT
Recommendation: That the Council approve fourth amendment to the Franchise (148-
Agreement with P.S. Disposal Services for the purpose of developing the 003)
NextPhase Recycling Facility, A3082.
' Economic Development/Recycling Coordinator reviewed his report, noting that the
amendment will allow certain uses of the Recycling Funds, as detailed in his report,
i.e., design and permitting of the facility, implementation of the commercial wet -
dry collection, and project environmental review; that there are no General Funds
involved, and additional contract amendments will be brought forward for approval.
City Attorney stated that the agreement sets up the funding as a loan of $400,000 to
PSD, and some minor language changes are needed, which should be approved,
subject to City Attorney review, e.g., Section 6.9 concerning the expenditure of the
funds in that a budget must be approved by the City, along with a disbursement
schedule; that there is no cross reference to the budget, but Section 6.6 is all
inclusive; that discussions this date with PSD repeated the understanding of how
this will work; that all expenditures must be approved in advance and cannot be
added later, and each disbursement must be approved by the City Manager
consistent with the approved schedule. He stated that regarding the "exist
strategy," if the City defaults, the money from the Recycling Fund will not be
recovered; if the contractor defaults, it must reimburse the City the costs; that the
contractor is considering a new legal entity, and while he had no problem with that
idea, the assets and resources of PSD will need to guarantee the obligation of the
new entity; and that if no one is at fault and the project just does not happen, the
Recycling Fund will be out that amount of money. He stated that this is the first of
four agreements that will have to be approved, and the development agreement will
' be critical; and that the budget will also come back after the subject action is taken.
In response to question by Council, Economic Development/Recycling Coordinator
stated that there is about $1 million currently in the Recycling Fund.
Minute Order 6235 as recommended, was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6235 be
adopted.
5. ORDINANCE FOR SECOND READING & ADOPTION (Intro. 946-98)
City Clerk read title of Ord 1563 amending the Municipal Code concerning
managed parking; after which, it was moved by Hodges, seconded by Reller- (103-
Spurgin, and unanimously carried, that further reading be waived, and that 01563 048)
be adopted.
6. VISITOR INFORMATION CENTER - SUBLEASE
Recommendation: That the Council approve Amendment 1 to sub -lease with the (117-
Agua Caliente Tribal Council for space at the Visitor Information Center, extending 036 )
term, adjusting rental rates, providing term options, and use of premises, A3844.
Assistant City Manager reviewed details of his memorandum, and responded to
questions, noting that the tourism and hotel community was queried about this use
of the center at the time of the original lease, and the LMI has approved the
amendment, and the amendment merely extends the term, and provides other
adjustments. City Manager noted that certain types of activities are noted in the
lease, and those not included, are not allowed.
Minute Order 6236 as recommended was presented;, after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that MO6236 be
adopted.
Council Minutes
10-7-98, Page 8
7. TRIBAL COUNCIL LAND USE AGREEMENT - SUPPLEMENT 5 AND
AGREEMENT FOR TRIBAL/CITY LAND USE COORDINATION ON
CERTAIN PARCELS
Recommendation: That the Council approve Supplement No. 5 to the Land Use
Agreement between the Tribal Council and the City (A1324) and approve an
Agreement for Tribal/City Land Use Coordination on Certain Parcels (Tribal (O�1_ ,
projects on Tribal Land), Agr 1324A. )
Director of Planning & Building explained that the Supplement 5 removes land
already acquired by the Tribe, land acquired in the future, from the Land Use
Agreement entered in 1977; and that the new agreement provides a process for
coordination of tribal projects on tribal land, covering new or remodeled projects,
and the final decision rests with the Tribal Council on Tribal Trust Land. He stated
that the coordination agreement has been reviewed in recent joint sessions with the
Tribal Council.
Mayor noted that the Tribal Council resolution stated that the; Tribe would continue
to acquire parcels of land located within the City, and he questioned if the
agreement applies only to reservation land within the City, since there is no land
outside of the City that the Land Use Agreement applies to.
Director of Planning & Building stated that the Tribe has acquired land outside of
the reservation, but also outside of the City; that the 1977 agreement language deals
with reservation land; that the new agreement relates to acquisition of land and is
not specific as to whether that is on or off of the reservation.
City Attorney stated that the first draft copied the first agreement, and the Tribal
Council changed that language; the acquisition of land outside of the reservation is '
something they are willing to do, and then follow process to bring that into Trust;
that its position is likely that once that is accomplished, that land is exempt from
City regulation; that he has not addressed that on behalf of the City Council.
Mayor noted that the Council does not have the ability to designate what is or is not
reservation land, and questioned how land outside of that determined by the: Federal
Government as reservation can now become part of Triba I concerns (reservation
land).
City Attorney stated that it is a state-wide problem, and one of concern to the
Attorney General.
Councilmember Oden questioned what process there is in place when purchase land
outside of the reservation.
City Attorney stated he was unfamiliar with BIA process for making such
determination.
Tom Davis, Tribal Planning Director, stated that off -reservation property, of about
100 acres at Highway II I and I-10, is owned by the Tribe„ is held in Trust, was
acquired in trust through an estate exchange of a deceased tribal member who
bequeathed it to the BIA in error and which in turn gave; it to the Tribe; that
regarding its acquisition policy, the Tribal Council's highest priority is to acquire
property of trust land within the reservation, or formerly within the reservation
(fee), and to bring that property into Trust; that there is ample public domain
parcels held by the tribe and tribal members, and the intent is to put that into Trust;
that the California and US Attorney Generals are putting up barriers for anything to
occur regarding gaming, i.e., cannot effectively process any land into Trust for the
purpose of gaming, and any application for Trust designation must state the purpose
for doing so; that is practically impossible for land to be taken off of the reservation
and put it into Trust for gaming purposes; that when the property is obtained, it is
for government purpose, and to benefit the tribe and its members in general. He
Council Minutes
10-7-98, Page 9
stated he could say that more property would not be acquired outside of the
reservation, but that was not the Tribe's priority.
Mayor stated that it was his understanding that the agreement applied to land in the
reservation, and he understood the concern to put land back into the reservation that
once had been part of it, e.g., the fire station site, and other aspects of acquiring
' land outside of the reservation and then adding it to the reservation was unclear.
He stated that perhaps the agreement needed to clarify that the agreement relates to
the reservation or land that was once a part of it, and has subsequently been added
back to it.
City Attorneys stated that could be added, and discussed with the Tribe, and if not
satisfied with that, the agreement could be amended.
Mr. Davis stated that a delay would not affect any pending project, unless it was the
Tahquitz/Belardo project. Director of Planning & Building stated that the project
would be affected, and without Supplement 5, the Tribe would have to obtain
permits from the City. Mr. Davis noted that the permit process is about 30 days
away.
Councilmember Barnes stated that he felt the Council had discussed this issue
previously, and concerns about land outside of the reservation, and he was
concerned about making it clear.
City Attorney stated that it was only relevant if the Council ended up having more
control over land than was originally in the Land Use Agreement; that the land use
control is the same in both situations.
Motion by Oden to continue this matter, pending clarification. Mayor added that
clarification is needed as to the Federal process and view as to how land can be
purchased and then absorbed into trust, and what the distinction is between
reservation and trust land; said motion was seconded by Barnes, and subsequently
withdrawn in deference to a substitute motion.
Councilmember Hodges stated that she preferred approving the agreement in the
manner that the Council would like it to be, and if the Tribe did not agree, it could
come back on the next agenda, which could expedite the matter. Councilmember
Reller-Spurgin agreed.
Mayor stated that his concern was not knowing the full implication of the action,
and not certain if the language of the text needed to be modified, and if so, by what
measure.
City Attorney stated that if there is concern that there not be a misunderstanding of
the Council's action, the language now refers to "any land acquired by the Tribe,"
and the wording could state "any land acquired by the Tribe which was previously a
part of the reservation - or acquired by the Tribe and taken into Trust which was
previously a part of the reservation"; and if that is not broad enough or causes a
problem for the Tribe, it could be brought back, but it would apply to the Tahquitz
Canyon project.
' Councilmember Barnes stated that he agreed, and it would apply to that which was
be definition once reservation land.
Mr. Davis stated that for matters of expediting the agreement, he suggested that the
words in Section 2 of the Agreement be "acquired by the Tribe, within the
reservation" which is a little different language than suggested by the City
Attorney. He stated that all of the land that is in the reservation today that was in
trust at one time.
Council Minutes
10-7-98, Page 10
Councilmember Hodges stated that the Council could proceed, and the; City
Attorney can put in whatever the legal language is to match the Council's intent.
Mayor stated that the wording must include that the land be held in trust, be part of
the reservation, and held by the Tribe.
City Attorney stated that he needs to look at what "in trust" implies and he and Mr
Davis can work that out.
Mayor stated that this would allow proceeding, pending legal phraseology to be
developed between the City Attorney and the Tribe.
It was moved by Reller-Spurgin, seconded by Hodges, and carried by the following
vote that Resolutions 19369 and 19370 be adopted, to allow proceeding; with
Supplement 5 and new Coordination Agreement, subject to specific language in
form approved by the City Attorney, consistent with the City C:ouncil's discussion:
AYES: Barnes, Hodges, Oden and Reller-Spurgin
NO: Kleindienst
ABSENT: None
Mayor stated he was not comfortable voting in favor without knowing the specifics
of the action being approved.
ADDITIONAL LEGISLATIVE ITEMS: None
A8. "THE CORNERSTONE" PROJECT
Discussion regarding "The Cornerstone" project at North Palm Canyon and
Amado; and action or direction, if any. This matter was withdrawn from the
agenda by the City Manager.
CONSENT AGENDA:
Concerning Item 16, City Manager responded to question by Councilmember Hodges., and
stated that the criteria and limitations for employee parking will have to be brought back to
the Council, and in that the issue of parking for volunteers can be addressed.
9. Res 19371 expressing intent to sell an 11,761 square foot parcel of City -owned land (117-
near Sunrise Way and San Rafael to Sunrise Land Company, LLC, and setting hearing 025 )
thereon for November 4, 1998.
10. MO 6237 approving Amendment No. 1 to agreements for towing and storage services (143-
with Mohica Towing Services (A3783), Dave's Towing Service (A3782) and Brothers 009 )
Towing (A3784), to increase towing rates and storage fees, and incorporate California
Vehicle Code references therein; and Res 19372 amending the Comprehensive Fee
Schedule to reflect these fee increases.
11, MO 6238 approving a Revocable Permit between the U.S. Geological Survey
Earthquake Hazards Team and So. Calif. Integrated GPS Network (permittee) and the )
City as permitter, to allow installation, operation, maintenance and service of a global
positioning system monument, subject to City Attorney review as to form.
12. MO 6239 approving a lease assignment of A2528, 2529, 2636 to Helen Apostle, (051-
successor trustee of the Apostle Family Trust, concerning the Airport Park Plaza, lots 050 )
1, 2 and 3, in order to provide a formal name change of the lessee to conform with
applicable provisions of the Apostle Trust.
13. MO 6240 approving Change Order 3 for an increase of $2,556.50 to contract with (129-
Contreras Construction Co., for city-wide sidewalk project, CP97-112, A3961. 002 )
011
Council Minutes
10-7-98, Page 11
14. MO 6241 approving a cooperative purchase of modular office furniture and installations (084-
services for the Airport Administration office via California Communities Purchasing )
Program from Haworth Inc. for $15,892.69.
15. MO 6242 waiving greens and cart fees for the 2nd Annual Palm Springs Police Officers (092-
Association Memorial Golf Tournament at the Resort Course of Tahquitz Creek Golf 011)
' Resort on Tuesday, December 8, 1998.
16. Res 19373 establishing Indian Canyon Drive and Belardo Road, from Alejo to Ramon, (105-
as 2-hour parking, and providing for preferential employee parking by permit, within 001)
said zone.
17. MO 6243 approving participation in volume pricing established between Los Angeles (117-
County and AirTouch Cellular, extended to the City, for cellular telephone services. 046 )
18. See Item 29.
19. MO 6244 sanctioning the 1998 Palm Springs Bike Weekend, October 15-18, 1998; and (050-
Res 19374 temporarily suspending certain regulatory ordinances in connection 007 )
therewith.
20. MO 6245 approving purchase of Nortel telephone system, voice mail equipment and (117-
installations services from GTE for replacement of Leisure Center phone systems and 046 )
upgrade of Library voice mail system via participation in CMAS program, for
$14,431.36, plus program charges.
21. MO Withdrawn approving an agreement with Desert Regional Medical Center for City
fleet operations to repair and maintain its fleet vehicles; which will generate additional
' revenue to the City, and offset portion of the City's fleet maintenance costs.
22. See Item 30.
23. MO 6246 approving cooperative purchase agreement through Calif. State University
Long Beach with Hidro-Grubert, USA, Inc. for an aerial lift unit Model BL-13/C for a (084-
total cost of $23,155.47, including tax, for use as a multi -purpose utility vehicle for the 016 )
Dept. of Transportation.
24. MO 6247 authorizing the Director, Dept. of Transportation, with City Manager
concurrence, to approve a Change Order to contract with Bergelectric, Inc., for a (051-
lightning protection system for the Airport Terminal, for $60,000, A3958. Kleindienst 095 )
abstain, prior FPPC ruling concerning the Airport Master Plan.
25. MO (3) 6248, 6249, 6250 approving engineering plan check services agreements with (112-
UMA Engineering, Inc., and Fomotor Engineering, for periods ending October 1, 005)
2000, with two, 1-year options at City discretion; and approve NRO Engineering as an
alternate for engineering plan check, and authorize staff to enter contracts, A4027 and
4028.
26. MO 6251 approving agreement with Sanborn A/E, Inc. for engineering services, (108-
including preparation of plans, specs, and estimates for expansion of the parking lot at 004 )
the Lobster Company, not to exceed $10,000, CP98-15, A4029.
27. Res 19375, 19376, 19377, 19378 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any: (086-
Councilmember Warrant # Payee Particular Nature of Conflict 018)
Reller-Spurgin 935559 Spurgin Spouse
935933 Spurgin Spouse
Council Minutes
10-7-98, Page 12
Hodges 935419
G&M
Client of Employer
935769
G&M
Client of Employer
935424
Granite
Client of Employer
935776
Granite
Client of Employer
935471
M.Wilk
Client of Employer
935520
Pref.Plumb
Client of Employer
935890
Pref. Plumb
Client. of Employer
935686
Bldr Supply
'
Client of Employer
28. Res 19379 City companion action to above CRA Item a).
It was moved by Barnes, seconded by Reller-Spurgin, and unanimously carried, with
abstentions as above noted, that Resolutions 19373 through 19379 and Minute Orders
6240 through 6251 be adopted.
29. PALM SPRINGS GRAND PRIX
Recommendation: That the Council temporarily suspend certain regulatory
ordinances for the 1998 Palm Springs Grand Prix, and its related activities,
November 24-29, 1998. (050-•
025)
City Manager stated that in the past, matters that needed to be resolved were
delayed until the eleventh hour, and he was pleased to report that the new race
promoter is on schedule and has fulfilled its obligation to file deposits, and is
moving ahead with the Bureau of Indian Affairs and the allottees in securing the
approvals for the race course; and that he will not become involved in those
relationships with the landowners.
In response to questions by Council staff responded that PSUSD has been involved ,
with the race promoters, and is participating in the events; that the evening concert
event ends at 10 p.m., including all music and fireworks; and that the races are
allowed to begin at 8 a.m., at which time the "track goes hot."; that the tear down
schedule is one day less than in the past, and work on major streets happens over
the weekend, rather than during the week as in the past, and work will start on
November 14 and again on the 20-21, and the promoter is aware that there will be
no City assistance during its own Veteran's Day Parade event preparation and tear
down.
Res 19380 as recommended was presented; after which, it was moved by Reller-
Spurgin, seconded by Oden, and unanimously carried, that R19380 be adopted.
30. COGENERATION PLANTS - NATURAL GAS PROCUREMENT
Recommendation: That the Council authorize the City Manager to execute a
commodity contract sales agreement with Enron Energy Services for procurement (052-
of natural gas needed to run City Cogeneration plants, not to exceed $410,000 001)
Director, Department of Transportation recommended that the Minute Order be
revised to reflect "...needed to run the City ....plants, for a period of thirty days,
not to exceed 2.6 MMBTU for an aggregate not to exceed $410,000 for a year."
City Attorney stated that the new language sets parameters for the City Manager in '
which to exercise his discretion.
MO 6252 as revised was presented; after which, it was moved by Oden, seconded
by Barnes, and unanimously carried, that MO6252 be adopted.
Council Minutes
10-7-98, Page 13
.1,1
,,; )12
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ADDED STARTERS:
AS1. WECS - BLM SETTLEMENT AGREEMENT AMENDMENT
It was moved by Barnes, seconded by Kleindienst and unanimously carried, that this
matter be determined eligible for consideration, and added to the agenda.
Recommendation: That the Council revise resolution adopted on July 29, 1998, (123-
concerning waiver of scenic setback for WECS by BLM, San Jacinto Project, 022)
located west of Indian Canyon Drive, south of Southern Pacific Railroad, Section
22, T3S, A2311.
Director of Planning & Building reported that after adoption the resolution, it was
discovered that there was not sufficient identification of the settlement agreement
needed to be amended, and since the agreement is ready to be signed, and needed to
obtain project financing, the proposed action is recommended.
In response to question by Council, the Director stated that since the original
settlement agreement A2311, the City annexation in the wind farm areas also
resulted in its own ordinance, which reduced the 1/3 miles scenic setback to 500
feet, and the amendment to the settlement agreement will bring that into
consistency.
Resolution 19381 as recommended, was presented; after which, it was moved by
Barnes, seconded by Oden, and unanimously carried, that R19381 be adopted.
REPORTS & REQUESTS:
31. Received for filing
a) Biennial Conflict of Interest Code Reports
b) Treasurer's Investment Report- August, 1998
CITY COUNCIL reports or requests
a) Councilmember Barnes: Requested report from City Manager regarding
parks restroom maintenance, as to who should perform it - LandCare or a
janitorial contractor.
b) Councilmember Reller-Spurgin: Suggested that information whenever the
Council has "No Quorum Meetings" should be shown on Channel 17, to
give additional notice to the public.
PUBLIC reports or requests
STAFF reports or requests
a) Workers Compensation Insurance:
(063-
001)
(121-
002)
City Manager requested direction from the Council if it wished further
analysis of the worker's compensation proposal, noting that the Wausau (096-
company has offered to extend its proposal from three to five years with 001)
declining amounts; and that the "crossover" does not happen until about the
fifth year.
l)l �A
Council Minutes
10-7-98, Page 14
Councilmember Oden thought that would be appropriate; and
Councilmember Hodges stated that the company inferred that its offer
expired October 1, and if it now wants to offer five years, perhaps the
matter is more lucrative, and apparently that was not a true deadline that
had to be met.
City Attorney suggested this matter be placed on an agenda for discussion I
and direction.
So ordered.
ADJOURNMENT
There being no further business at 10:05 p.m., the Mayor declared the rneeting adjourned.
JUDITH SUMICH
City Clerk