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HomeMy WebLinkAbout1999 - MINUTES - 2/3/1999 Frr CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 3, 1999 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 3, 1999, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ' ROLL CALL: Present: Councilmembers Barnes, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Clifford Harris-Ajalon Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 29, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: PSHS Student Body Report PSHS Spirit of the Sands Band Report Mike Williams, Aviation Designation HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. APPROVAL OF MINUTES: It was moved by Oden, seconded by Barnes, and unanimously carried, that the Minutes of December 2, 1998 be approved. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business PUBLIC HEARINGS: 1. AIRPORT NOISE COMPATIBILITY PROGRAM - PROPERTY ACQUISITION Recommendation: That the Council adopt a Resolution of Necessity to acquire three (051- parcels (Sungold Development) inside the future runway protection zones and within the 046) CNEL 65 contours (Palm Springs). Hearing opened 1-20-99, and continued to this date. Mayor Kleindienst abstained due to prior FPPC ruling regarding the Airport Master Plan. Director, Dept. of Transportation, reviewed the staff report and added that Ms. Dykema had been contacted on three separate occasions; that additional information had been supplied; that it would be best to continue negotiations; that the property does need to be acquired; that the property was appraised as "P" zoned; that the history of the zone indicates a previous zoning of R-1-C; and that the reason for acquisition is due to noise and maintaining the safety of the "clear Zone". Mayor pro tem Barnes questioned the costs related to relocation. Director of Transportation stated that none of the proposed parcels were inhabited. Mayor pro tent Barnes declared the hearing open. Council Minutes 2-3-99, Page 2 Diane Dykema, 76225 Fairway Drive, Sungold Development, started that her family owns six lots; that the goal has been to develop the sites; that the City did make an offer for the parcels; that the offer was not acceptable; that this matter has been continued since October, 1998; that in the meantime staff has contacted the FAA regarding; the property; that the FAA was told that the area was inadvertently left out from the ' original property acquisitions; that the City has lead the FAA to believe the area was incorrectly zoned; that; safety has never been mentioned during the negiotations between the Airport and Sungold Development; that she understands that the Airport is going to develop the same parcels for rental cars; that in that case, negotiations have not been in good faith; and that the Airport staff continues to give inconsistent reasons for acquiring the property. Fred Noble, 125 E. Tahquitz, stated that it is incumbent on the government to be consistent with its citizens; that this constitutes a taking of someone's property; that in fact, this is a valuable corner; that the questions is whether the intent of the City is to keep the property as a clear zone, or if it wants to develop it; that the; issue of safety did not surface until the FAA funds were challenged; that in a letter dated September 30, 1998, from Al Smoot to the FAA, the letter states that the property was inadvertently zoned to professional, but reality is that the zoning is, and has been, a part of the master plan; that there have been other cases where Cities have taken someone's property as eminent domain, rezoned and resold the property for a profit; that it should not be: the case in this City; that the Airport has not met the burden of public necessity for the property; that the funds budgeted for this acquisition could be used to sound proof more homes; and added that the owner is not holding out for more money but wants to keep the property. Fred Ebeling, Tuscan Road, stated it is an issue of the Airport Commission and the Transportation Director taking private property for private use. ' There being no further appearances, the hearing was closed. Councilmember Hodges questioned is there are any intentions of development for the land in question; and questioned why the land to the east that is developed is not in the runway protection zone. Director of Transportation stated that the land to the east is in the zone; that the runway protection zone must be a clear zone; that some airports use the land as a driving range, or for agriculture; that the purpose of the acquisition is for protection and safety; that the FAA does not require developed land to be purchased for clear zone. Councilmember Hodges stated that if the property in question was developed, the Airport would not be proposing to purchase the land; and requested the Transporation Director to address the zoning of the land in question. Transportaion Director stated that the zoning was changed to "P"; that it was appraised as "P" zoned property; that the letter Mr. Noble referred to, was for clarification of the appraisal and whether the zoning made a difference to the FAA. Councilmember Hodges questioned whether the funds could be used to acquire any other areas. Director of Transportation stated that there are other areas being procured; that it is the ' overlay of clear zone where safety becomes the issue. Councilmember Oden stated that there is a consistency issue; that this is not the first piece of property purchased that is zoned "P"; and questioned whether severance would be offered to the land owners. Director of Transportation stated that severance could be offered, but that the City is not desiring to purchase a portion of a lot, but rather the entire parcel. Council Minutes 2-3-99, Page 3 City Attorney stated that when a piece of property is needed and causes the rest of the parcel to be undevelopable, then severance is used, however in this case, the purchase of the lots does not impact adjoining parcels. ' Councilmember Reller-Spurgin stated that eminent domain is of utmost importance; that the Council should proceed carefully and prudently; and requested the FAA letter where the issue of safety was addressed. Councilmember Hodges questioned whether the other properties in the area were also owned by Sungold Development. Ms. Dykema clarified the owner of record for the parcels. Councilmember Barnes questioned if the property was not acquired, would the City be in compliance. Director of Transportation stated that it is not clear; that the FAA states that vacant property should be acquired; that the City Council does have the ability to acquire or not acquire; that the master plan indicates that the property should be acquired for safety reasons; that if the property is developed it may be difficult to get insurance; that it is not desirable to obtain land through eminent domain, however, the master plan is comprehensive and states for safety purposes, these parcels should be acquired; that even though eminent domain is used, the City can still negotiate. Councilmember Reller-Spurgin stated that it is clear that the owner is not objecting based on money offered, but questioned if more funds were offered would it be more palatable. Councilmember Hodges stated that eminent domain is the greatest power; that the City Council has the authority to acquire someone else's property; that this type of situation did happen to her family related to Hwy 210; that the experience was unpleasant; that the Airport needs to make a case in order to convince the Council the property is needed; and at this point she could not support the action. City Attorney stated that the theory is to take the land before it is developed; that after it is developed the risk is always present; that there will always be an issue of boundary lines; that a line has to be drawn; that when the line is made, there are always questions; that this area is within the clear zone; that it is not critical to the FAA what the zoning is, but rather where the property is located; and that if a member of the Council is not comfortable with declaring the eminent domain, the matter should be continued to address the concerns. Councilmember Hodges stated that if the FAA is going to close the Airport, that is one issue, but questioned if the purchase of the property is necessary. Councilmember Barnes questioned if the City would have any liability if the property was not acquired. City Attorney stated that the Council does have a mandatory duty; that liability could be shown; that staff could contact the FAA for a stronger letter indicating the need for the acquisition; that there is no point to push for a vote at this time; that just compensation must be paid to the owner; that a price can not be made up to compensate what someone thinks the property is worth. Motion to reopen the hearing and continue the matter to March 17, 1999, was presented; after which, it was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried, Kleindienst abstaining, that the motion be adopted. Council Minutes 2-3-99, Page 4 PUBLIC COMMENTS: a) Comments regarding item 2: Dean Stephen Kaufman, requested Council approval of Resolution of Necessity for (116- ' Desert Hospital; that approval would be of help to the patients, particularly in the 049) Hospice Wing. Dick Sroda, Palm Springs, questioned the need for a Resolution of Necessity to serve alcohol in a hospital; that this would require a Doctor to prescribe alcohol; and questioned what type of license was previously held. b) Comments regarding item 3: Emile Duveney, requested the Council consider delaying the action on item 3; and added that public hearings need to be held for the citizens to address their concerns; that (127- there are many questions that need to be answered; and questioned if the plant is 001) contracted out, would not the fees be increased, and subject to Prop 218; and added that much of the funds from the plant have been used for other purposes, and who will pay those funds back; and that if public meetings were held, citizens could address these types of issues. Jim Jones, read a prepared statement, copy on file in Office of the City Clerk. Frank Coffey, 23 year resident, stated that the issue is one of fiscal responsibility; that other Cities in the Valley are having problems; that an open public hearing needs to be held on the issue; and questioned if it is Council's intent to turn the Plant into a profit making venture. c) Comments on matters not one the agenda: Jake Goldman Jacobs, Human Rights Commission Chairman, invited the Council and the Public to an open public forum addressing Hate Crimes to be held on February 25, 1999 at 6 p.m., in the Council Chambers. Ronaldus Evers, stated that his Civil Rights had been violated by City Employees, ;and that the Human Rights Commission had been told not to handle the matter; and requested Council intervention. Fred Ebeling, questioned what people are the City; and commented on his opinion of the general state of affairs of the City. 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. LEGISLATIVE ACTION: 2. PD185 - DESERT REGIONAL MEDICAL CENTER Recommendation: That the Council adopt a Resolution of Convenience & Necessity for (116- ' the Desert Regional Medical Center at 1150 N. Indian Canyon, relative to a new 049) alcohol license for Tenet Corporation. City Manager reviewed the staff report. Council Minutes 2-3-99, Page 5 Councilmember Reller-Spurgin stated that if one followed Council meetings it is tradition that her vote would be no for this type of request; that in this case there is a matter of making someone comfortable that is actively dying; that one does whatever they can do to make them happy; and added that she will support the action. Councilmember Oden questioned if this was limited to Hospice or for all the general hospital. Planning Director stated that this would be for the hospital; that the physician is involved; that the use could be in the maternity ward as a toast; or any other part of the hospital. Councilmember Oden stated that when the staff report was first read, it was not clear why a Hospital would need this type of authorization; that it is now understandable; that the comments by Councilmember Reller-Spurgin defines a giving of comfort to those who need it and that the clarity of the issue is appreciated. Councilmember Barnes concurred. Resolution 19465 as recommended was presented; after which, it was moved by Hodges, seconded by Barnes, and unanimously carried, that R19465 be adopted. 3. WASTEWATER TREATMENT PLANT USER FEE STUDY Recommendation: That the Council authorize staff to negotiate a professional services contract with the top ranked proposer responding to RFP to develop a new Wastewater Treatment Plant User Fee Structure. (proposers in process of review). Director, Dept. of Transportation, stated that the recommendation has nothing to do (12y with the privatization of the Plant; that in fact, in order to comply with Prop 218 this 001) study needs to be done; that Carollo Engineers is familiar with involving citizenry in the rating structure process; that once a contract is negotiated, a recommendation will be forwarded to the Council to consider members for a group to study and be involved in the process. City Manager stated that the last time the rates were reviewed was six years ago; that the in-house formula was complicated; that this would allow a fresh prospective; that if the recommendation is accepted the rates will be based on sound practices; and added that staff is checking with Desert Water Agency to see if water usage links could be established. Councilmember Reller-Spurgin questioned if the process would be needed if the Plant was privatized. City Manager stated that the foundation needs to be made for the rates we charge. Councilmember Hodges questioned if the study could be delayed, or if it was mandated. City Attorney stated that there is no question that the fee must be established on demand; that the fees should have been in place after Prop 218; that the City needs to took at the rate structure and determine the way to charge for usage. ' Councilmember Hodges stated that the perception is that this is poor timing; and that the matter should be postponed until after the election. Councilmember Oden stated that there will always be misperceptions; that the Council and the Citizens need this information before the issue goes to ballot; and that if the fees are not established, the City could be in trouble. Councilmember Barnes stated that the Council can not be driven by perception; that if something needs to be done, then the Council needs to act. Council Minutes 2-3-99, Page 6 Mayor Kleindienst stated that this could be a confusing issue; that in this case, the matter relates to Prop 218; that it stands alone and is separate from the privatization of the Plant; and that the Council needs to adhere to Prop 218. Minute Order 6337 as recommended was presented; after which, it was moved by ' Oden, seconded by Barnes, and carried by the following vote AYES: Barnes, Oden, Reller-Spurgin and Kleindienst NO: Hodges. 4. ORDINANCE FOR SECOND READING &ADOPTION (Intro. 1-20-99) Assistant City Clerk read Title of Ordinance as follows: (116- 109) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 240 LOCATED IN SECTION 11, after which; it was moved by Barnes, seconded by Reller-Spurgin, .and unanimously carried, that further reading be waived and Ordinance 1566 be adopted. 5. BLACK HISTORY MONTH Consideration of contribution to offset Black History Month costs in the amount of $5,000. (104- 001) City Manager reviewed the staff report and no further report was given. Minute Order 6338 as recommended was presented; after which, it was moved by ' Oden, seconded by Hodges, and unanimously carried that MO6338 be adopted. 6. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: The following items are of a routine nature, and may be approved by one blanket motion, upon unanimous consent. Clarification questions may be asked prior to voting, and matters need not be voted upon separately. (Note: Contract amounts in excess of$50,000 require minimum of 3 affirmative votes) Review by City Manager of Consent Items to be clarified. City Attorney stated that the issue of local preference was raised during the process of awarding bids for item 7; that the number 2 bidder is not located in Indio; that the local vendor preference could be a detriment to a business, in that, when it is given in one City, another City may in fact add to the bid because of the previous preferential treatment, thus limiting the work that the contractor can get. 7. Res 19468 awarding contract for Airport Ticket Wing Expansion, CP98-27, James E. (051- Simon Co., for $905,706. A4062. 095) 8. MO 6339 authorizing up to $30,000 reimbursement to United Airlines for airport related (051- ' maintenance activities as part of a remodel that United is undertaking in its ticket office. 042) 9. MO 6340 awarding contract to Bond Blacktop, Inc., for $437,143.44 for the annual street (136- slurry seal, CP98-29, A4063. 058) 10. MO 6341 approving Change Order 1 to contract with Anning-Johnson Company for (051- recoating Airport Terminal building roof, not to exceed $84,000, A3941. 095) Council Minutes 2-3-99, Page 7 11. Res 19466 and 19467 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: (086- Councilmember Warrant# Payee Particular Nature of Conflict 018) Hodges 939200 Bldrs Sply Client of Employer 939285 Chris Foster 939297 Granite Const Reller-Spurgin 939476 Spurgin Spouse 12. MO 6342 approving Amendment Nl with Wackenhut Corportation to provide staffing for (113- the Palm Springs Police Department for a term of four years, renewable for 1 two-year 006) extension, for $246,000 plus overtime costs. A3816. ADDED STARTERS: None REPORTS &REQUESTS: 13. DEPARTMENTAL REPORTS - Received &Ordered Filed a) Treasurer's Investment Report - December 31, 1998 (121- b) 1997-98 Development Project Fee Report 002) CITY COUNCIL reports or requests a) Oden: Request report regarding possible Human Rights violation allegation ' b) Reller-Spurgin: Request staff investigate complaints for Follies buses parked on Tahquitz; and check brightness of Blue Coyote parking lot lights. c) Barnes: Reported the date for the upcoming Airline Service Committee Meeting of 2-6-99; Requested Virtual University Update be given at a future Study Session d) Hodges: Requested alternate for CVAG meeting of 3/29/99-Mayor will serve. 14. BOARDS & COMMISSION a) Consideration of appointments to fill vacancies: Board of Appeals; and Human Rights Commission- or provide direction to City Clerk. Council will review applications PUBLIC reports or requests a) Don Frank, commented on the managed parking plan located in the Downtown area and turned in a parking ticket and check. STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned at 9:35 p.m. JUDITH SUMICH City CClerk � By: PATRICIA A. SANDERS Assistant City Clerk