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HomeMy WebLinkAbout5/2/2001 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 4, 2001 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 4, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Rabbi Ofsyer- Temple Isaiah. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 30, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: PSHS Student Body Report Police Department Commendation-Detective Walter Combs. 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. PUBLIC COMMENTS: (Note: See Public Hearing Items for comments concerning those matters) a) Comments concerning item 5: Jim Miller, 442 E. Club Dr, stated that the item was not appropriate nor a good idea; that the City should continue to work towards promoting a "village type" atmosphere; that the downtown is wonderful to stroll, shop and dine in the outdoor restaurants; that the City does need to continue to be business friendly, but that this particular business is not needed in this area. Steven Sims, 255 N. El Cielo #142, stated that pending legislation before the Senate would establish safe routes for children to ride their bikes to school; and that item 5 should not be misinterpreted; that the Council is not being asked to issue a business permit; that the issue is noise in the downtown; that at the sound demonstration the bikes that were running are not the ones that are causing the noise problems downtown; that by allowing the business at that location, its retail shop will attract the noisy bike riders; that it is those people who I Council Minutes 04-04-01, Page 2 come into town with unregulated motorcycles that cause the noise; that where the business is presently located is the best place for it to be, and requested Council not support the conditional use permit. Ward Higgins, 576 Calle Ajo, stated that his residence is in the middle of the block where the proposed motorcycle shop is to be located; that when attending the demonstration it was clear that once the motorcycle crossed the street the noise could no longer be heard; that the pervious use was a gas station; that cars were repaired on the site and was a noisy business; that the proposed business would be regulated by a conditional use permit, and that if it did not meet the conditions the business could be closed; and requested Council support the approval of the conditional use permit. James Jess, 572 W. Arenas Road, stated that downtown Palm Springs is not the ideal place to ride motorcycles; that there are other places that are appropriate for the business to be located; that this rental agency will not help the business community; that it is important for the Council to consider the quality of life for its residents and requested Council not support the conditional use permit. Philip Tedesco, 1303 Prima Vera, stated that he is personally against the motorcycle rental location; and that the Biltmore Hotel needs abatement; that the new owner had appeared before the Council to request additional time to renovate the building; that since that request the building is now covered with graffiti; and that the Council needs to take action. Tom Richie, Deep Well, stated that support should be given to the proposed location of Eagle Rider; that while attending the demonstration it was clear the closure should have been placed on the noise issue; that the complaints raised regarding noise are not warranted; that there were louder noises from the residents present at the demonstration than the revving of the motorcycles; that the Planning Commission did approve the location; that the Planning Commission did feel that the location would enhance and improve surrounding businesses; that there was a gas station previously on the site; that the bikes that will be rented will be just like the bikes that were demonstrated and repairs would not be allowed; and that the real issue of those against the rental is one of fear of what type of element would be present; and requested Council support of the conditional use permit. Selena Tracer, no address given, stated that there is a motorcycle owner located in her neighborhood; that each morning at 6 a.m., the bike starts up; that the owner does not have a soft touch like those that participated in the demonstration; that it is outrageous to try to enjoy dining outdoors downtown when a group of the bikes come by; that the roar is intrusive; and that the rental will bring even more bikers to town and added that while one weekend of the town being full of bikers is tolerable, every day is not. Alice Broich, 1130 Manzanita, stated that the demonstration did prove that noise is not the issue; that the bikes being rented will be stock bikes; that the bikes that are emitting loud noises are the modified bikes; that denying the conditional use permit will not affect the noise that is being created downtown; that the custom Council Minutes 04-04-01, Page 3 bikes have a right to be on the road and will continue to be on the road; that there is a precedence being set by a number of people who constantly appear before the Council and complain; that these people do not approve of anything; and that it does not matter what the issue is, these same people will continue to be in the face of the Council and complaining. Don Swedoll, Eagle Rider, stated that the demonstration did prove beyond a shadow of a doubt that the bikes are not noisy; that there is no safety problem; that the bikes that are disturbing the residents are the custom bikes; that the bike rental is just a small business trying to provide something to the Community; that in April a new store will be opening in San Diego; that the residents of Palm Springs are invited to attend the opening and see first hand what the rental business is all about; that the rental is conducted on a first class basis; and requested that the Council keep an open mind when considering the conditional use permit. Sam Pisheau, 600 Linda Vista, stated that while not against motorcycles, it is hard to explain what the residents are going through with noise pollution; that Palm Springs is a wonderful place to live, but it is starting to be spoiled by noise; that another possible location for the business would be next to Gold's Gym on Ramon Road; that the City has been trying to control the noise issue; and to approve this permit would be taking a step back in that control. Frank Tysen, no address given, stated that at the demonstration he was invited to try the motorcycle; that the gas was turned all the way up; and that ever since he has been harassed by a principle of the motorcycle rental business; that the Police had to step in to avoid a problem; that he has been threatened with bodily harm; that Palm Springs is to be known for its tranquility; that noise is becoming a problem; that the City needs to start enforcing its laws regarding noise, whether the noise is from motorcycles, boom boxes or airplanes; that the City needs to deal with the noise issues; and that a broad view of all the issues needs to be taken. Logan Need, 324 S. Monte Vista, read a prepared statement, copy on file in Office of the City Clerk, and stated that the Council needs to support the Office of Neighborhood Involvement; that it does want to participate in forming the vision of Palm Springs and determine zoning and general plan issues; that the Office should be recognized, financially supported and empowered; and that the Office would bring issues to the public and the determination of those issues could then be funneled to Council. APPROVAL OF CONSENT AGENDA: Items 1 thru 6, except 2 and 5. City Manager withdrew Item 2. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 6, excluding items 2 and 5, and the Minutes of March 14 and 21, 2001, be adopted. Council Minutes 04-04-01, Page 4 CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Approval of Minutes of March 14 & 21, 2001. 1. MO 6833 approving a Settlement Agreement & General Release of all claims, on file in the Office of the City Clerk, with Collas Enterprises, Inc., for differences arising out of the lease of the Palm Springs Tennis Center A4200; or MO ----- directing City Attorney to commence proceedings. A4356. 2. MO ----- authorizing the purchase of a 1.250 kW emergency standby generator for the airport terminal facility CP00-33, AIP3-06-0181-26. Item withdrawn. 3. MO 6834 approving an agreement with RGA Landscape Architects, Inc., for landscape architectural design services for Gene Autry Trail and Ramon Road median landscaping for$84,300. CP00-01, A4357. 4. Res 20015 with findings, overruling the Planning Commission decision regarding the Desert Shadows walkway bridge concept. 5. SEE EXTENDED CONSENT AGENDA 6. Res 20016 and 20017 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 962946 Spurgin Spouse Hodges 962753 DWA Client of Employer 962754 DWA 962755 DWA 962785 Chris Foster 962798 Granite Constr. 962843 Lifetime Plumbing EXTENDED CONSENT AGENDA: 5. APPEAL OF CONDITIONAL USE PERMIT— EAGLE RIDER MOTORCYCLE Director of Planning & Building reviewed the history of the Conditional Use Permit status; and added that a demonstration was held inviting concerned parties to hear and view the motorcycles in the proposed location; that the Council does have the option of upholding, overruling or modifying the Planning Commission decision; and that the Resolution before the Council is in response to direction of Council at its last meeting to prepare a Resolution, without prejudice, overruling the Planning Commission decision. Mayor stated at the initial meeting he did have to abstain; that the time limit set by the Fair Political Practice Commission did pass at the last meeting; and that the conflict previously indicated with Mr. Pitts is no longer an issue. Council Minutes 04-04-01, Page 5 Councilmember Oden stated that in the initial discussion a field trip was proposed; that he did oppose the field trip based on the people being polarized in opposition; that at the demonstration none were disrespectful; that it was a good experience; and questioned City Attorney on the basis of denial in light of the existing noise ordinance. City Attorney stated that the Noise Ordinance is in place for citations of violations; that while it could be considered as a factor or finding in the possible denial of a use the Council would need to determine the business to be a nuisance; and that typically the Council would proceed to find ways to mitigate the noise. Councilmember Oden questioned if mitigation could be a part of the conditions of approval. City Attorney stated that the mitigation condition could be included in the permit; and that if the conditions were not met, the permit revoked. Councilmember Oden stated that while he personally does not particularly like motorcycles, there should be a concern of denying the use based on the legality of the issue; that there have been issues in the past that have come before the Council where discrimination factors were indicated; that the Council has addressed those types of issues; that to be discriminated against is painful; that in this case, there is a business that has a legal right to the proposed location; that if the business does not comply with all the conditions imposed by the Council the permit can be revoked; that the property is in a dilapidated state; that no one has come forward to try to renovate the property, and now that someone has, the Council seems to be looking for reasons to deny the use; that the Council must maintain a business friendly environment; that the image being presented on who we are is that the residents are against everything; and questioned the role of the Office of Neighborhood Involvement. City Manager stated that each City tailors this type of Office to its own needs; that the Office is established to be a way of communication; that the City determines the level of what is needed to be disseminated, and that the Office also communicated its issues to the Council; that as meetings are held the Office will evolve in its communication efforts. Councilmember Oden questioned if the Office is being established to be an advisory body, like the Boards and Commissions; and added that it is beginning to sound like the concept of the Office is to recommend direction and that the Council is to follow the direction given; that the Council is elected by the entire Community to represent the entire Community; that while sympathy is given to those that live next to modified motorcycles, in this case, these are stock bikes and that approval should be given to the use. Councilmember Hodges expressed appreciation to those that attended the demonstration; that there were a lot of comments given; that the concept was discussed with an open mind; that the conclusion is that the use is not Council Minutes 04-04-01, Page 6 appropriate for the location; that staff should assist in determining an alternative location; but that in this particular location the permit should be denied. Councilmember Jones stated that this issue has received more comments than any other that has come before the Council; that it is clear that the residents do not approve of this use; that as an elected one, he is here to represent the constituents; and with that the permit should be denied. Councilmember Reller-Spurgin stated that her opinion is unchanged since the last meeting; that being a Councilmember is sometimes difficult; that with a vote there is always someone angry; that everyone can not be happy when something is not granted; that each Councilmember must listen, ready and ask questions; that after all input is received a decision must be rendered; that in this case the demonstration was voted in as a compromise to determine if the noise problems could be mitigated; and that after all has been considered, the permit should be denied. Mayor question if a zoning amendment was passed by the Council to allow the use in this location. Director of Planning & Building stated that the amendment was crafted in response to Eagle Rider. Mayor questioned the considerations of the approval. Director of Planning & Building stated that the area was designed as C-2 zone from Alejo to Ramon on the east side of Indian Canyon; and that the use of a motorcycle rental would be permissible with a conditional use permit. Mayor stated that when the modification was given to the zoning map, consideration was given to the location, and the display of merchandise; that Council was comfortable with the issues; that in the debate before the Council at this time, the matter of a viable site should be addressed; that this is an appropriate corner for the use; that the corner used to be a gas station with. automobile repairs conducted; that the demonstration was given to determine the nature of volume of the use of the motorcycles; that compared to the police department motorcycles there is no difference; that the City has never received a call regarding the noise of the police motorcycles; that the equipment that will be rented is not permitted to be modified; that comments have been expressed with the type of element that the business may draw; that a "bad element" drives in all sorts of vehicles, and not necessarily motorcycles; that the matter has been an emotional one for the Community; that in attending the demonstration and listening, personally, there can be no determination that the location would be a detriment to the Community; that the Council did design an Ordinance for the use in this location; that it is questionable where another site would be better; and that if the Council does disapprove the permit, the Ordinance should be dismantled and staff directed to analysize other locations. Director of Planning & Building stated that the C-2 zone does permit the use; that there are other areas in the City that are zoned C-2; that typically an applicant Council Minutes 04-04-01, Page 7 chooses the location where they want to locate their business; and that the Planning Commission could be directed to study specific areas in town, if desired. Councilmember Reller-Spurgin clarified that when the zoning amendment came before the Council she did abstain due to the massage section, and a possible conflict of interest. Resolution 20018 overruling, without prejudice, a Planning Commission decision to issue a Conditional Use Permit for a motorcycle rental, located at 490 South Indian Canyon Drive, C-2 zone was presented; after which, it was moved by Reller-Spurgin, seconded by Jones and carried by the following vote that R20018 be adopted. AYES: Hodges, Jones and Reller-Spurgin NO: Oden and Kleindienst. PUBLIC HEARINGS: 7. RIGHT-OF-WAY VACATION — LINDA VISTA DRIVE Recommendation: That the Council vacate and abandon all Right, Title and Interest in a portion of the right-of-way dedicated for the public street named Linda Vista Drive, Section 15, T4S, R4E. R-00-054. Associate City Engineer reviewed the staff report. City Attorney clarified that conveyances of property would be necessary before the Resolution is recorded with the County. Mayor declared the hearing open. (Note: Comment was actually given during Public Comment portion of the meeting, but is listed here for reading purposes) Donald Prell, 777 La Mirada, submitted photographs of the site, copy on file in Office of the City Clerk, and added that trucks have been dumping rocks all over the cul de sac; that complaints have been filed with the Director of Planning and Building, but no action has been taken; that two weeks ago a Notice to Vacate was posted; that the violations that have occurred are not being rewarded with the vacation; and that the homeowner that did the violations should be required to clean up the City's property. Robert Long, 690 Linda Vista, stated that he is the person that placed the fill on the cul de sac; that working with the City's Engineering Department it was determined that the placement of the fill would be OK temporarily; that the purpose of the vacation is to allow easier access for emergency vehicles; that the area is now being used as a hiking trail; that once the vacation takes place a home will be built in the location; that the three adjacent property owners are willing for the vacation and added that the improvements will be at no cost to the City; and that the process of vacation was worked through all the City departments and the Fire Chief. Council Minutes 04-04-01, Page 8 There being no further appearances the hearing was closed. Councilmember Hodges questioned if the area was prohibitive to ingress and egress of fire trucks. Associate City Engineer stated that it somewhat difficult access, but with the vacation all City Departments did approve the conditions; and added that the cul de sac will be somewhat like a hammerhead to allow emergency vehicles to turn around. Mayor stated that the cul de sac does not actually exist at this point; that the Fire Department staff did review the proposal; that it was found to meet its needs; that there have been no concerns on staff level to prohibit the vacation and added, that in the future, staff should provide depiction maps for Council consideration. Councilmember Hodges stated that with staff concurrence there should be no problem with the vacation, however, the materials that were dumped should be removed. Resolution 20019 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R20019 be adopted. 8. RIGHT-OF-WAY VACATION — FARRELL DRIVE Recommendation: That the Council vacate and abandon all Right, Title and Interest in portions of the right-of-way dedicated for the public street named Farrell Drive, Section 12, T4S, R4E. R-00-003. Mayor questioned if the prior FPPC Airport Master Plan ruling would be in effect on this matter. City Attorney stated this is an implementing action and no longer a master plan issue; and that the only problem would be with escrows in the area. Associate City Engineer reviewed the staff report. Mayor commented that the depiction map submitted was appreciated. Mayor declared the hearing open; there being no appearances, the hearing was closed. Mayor questioned if residents could submit expansion plans at this time. Council Minutes 04-04-01, Page 9 Assistant City Manager-Operations stated that the plans could be submitted, but that there is additional information coming from the FAA. Mayor requested staff contact involved parties with the updated information. Resolution 20020 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20020 be adopted. 9. 2001-02 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET Recommendation: That the Council review and approve the proposed 2001-02 CDBG budget as recommended; authorize the submittal of the Consolidated Plan Annual Plan Update to the Department of Housing & Urban Development (HUD); and authorize the City Manager to execute Subrecipient Agreements for the 2001-02 CDBG Program. Community Development Block Grant Coordinator (CDBG) reviewed the staff report and acknowledged the efforts of the Advisory Committee in its work. Mayor declared the hearing open. (Note: Comment was actually given during Public Comment portion of the meeting, but is listed here for reading purposes) Steve Brown, 74-100 Candlewood, stated that the support given by the City to Fair Housing is appreciated; that the support given allows a service to the residents that would not be provided by City staff; that Fair Housing does work closely with City Staff and the residents and requested continued funding of the program. Reverend Tahlib McMicheaux, 588 Las Vegas Road, representing First Baptist Church, stated that the City did plant a number of tamarisk trees across the street from the church; that the tree roots are being destructive to the church sewer system; that the Church has been flooded, pipes have been replaced; and that the trees need to be removed. Reverend Allen Black, New Bethel Church, stated that the tamarisk trees across from the Church have caused the pipes to become stopped up and the overflow of sewage has backed up in the Church; that the street in front of the Church is buckled due to the tree roots and requested that the trees be budgeted to be removed. Connie Aguilar, Catholic Charities, stated that materials were given at this meeting to the Council for review, copy on file in Office of the City Clerk; and added that staff is present to answer any questions regarding Nightingale Manor and its operations; and requested continued funding for the program. Cheryl Bardowell, College of the Desert Foundation, stated that its request was not funded; that the request was for $20,000; that any portion of the request would be appreciated; that the funding is to place an elevator in the Arts Building on campus; that the elevator would allow handicap access for disabled students; Council Minutes 04-04-01, Page 10 that the classes offered in the building are career and occupational oriented; and added that the full cost for the elevator is $90,000. Jarvis Crawford, 480 Tramview Road, stated that the James O Jessie Desert Highland Community Center's request is to assist low-mod income people with the use of computers; that the Community does lack the basic skills in computer operations; and requested that the program be funded. Lewis Porter, Palm Springs Adult School, stated that last year funding was cut to the program; that the funding is proposed to be cut in one-half this year; that the lack of funding will result in less time spent here at the City; that the rest of the funding for the program is through grants; that the program is not supported through allocation of the school district; that negotiations are being conducted with KMIR for internships for low income students; and requested that the allocation recommended be increased to the full request. Reverend Jerry Johnson, 200 Oasis Road, stated that the Reading Literature Program has had many success stories; that it is the only program that the City has for "at risk" youth and adults; that it is an outreach program in the Community; that there is a saying that "if children can't read, they won't succeed'; and requested Council consider funding the program. Virginia Session, 357 Tramview Road, stated that all on the street are being affected by the bumps in the road caused by the tamarisk trees and requested that the situation be ratified. Jerry Johnson, LOV, a Second Chance, stated that during the report by staff Lov, a Second Chance was not mentioned; and questioned if it was funded; and added that the facility would address needs of the Dream Homes, Crossley Tract and Desert Highland areas; that the facility would be a drop in facility; that transportation needs have been provided with the donation of a van and with the participation of Sunline for free transportation; that a 12 step program will be set up; that it will be unique and help those not only get off addiction, but be retrained in computer skills to enter the workforce; that transportation will be provided, that none can say there is no way to the Center; that the program is needed; that it is easier to buy and sell drugs in the Community than in Los Angeles; and requested the needed funding to establish the resource for the Community. There being no further appearances, the hearing was closed. Councilmember Oden questioned if the Crossley Tract project has been completed. Councilmember Reller-Spurgin stated that the project has been ongoing for five years and that last year's funding should have finished the project. CDBG Coordinator stated that the funding is in place, but that the project is not completely finished. Council Minutes 04-04-01, Page 11 Councilmember Oden questioned if the problem at Tramview Road would be phased in like Crossley Tract. Associate City Engineer stated that the proposal is a four-phase project. Mayor stated that the roots of the trees need to be abated. Councilmember Oden questioned if the first phase would be to remove the trees. Associate City Engineer stated that a fabric will be used around the sewer line; and that even if the trees are removed, the roots will continue to find their way to irrigation. Councilmember Oden questioned the life of the fabric. Associate City Engineer stated that the warranty is for 15 years, and that additional irrigation would be placed at the base of the trees in order to prevent them from sending out roots to seek water. Mayor stated that some plants are invasive; that drastic action will need to be taken; that even though the source is found, the root system will continue to grow; and that the commitment to this project will be four years. Councilmember Reller-Spurgin questioned if that would mean it would take four years to fix the problem. CDBG Coordinator stated that the project is slated for four years, but that the Committee's intent is to tighten the schedule to two to three years. Councilmember Reller-Spurgin stated in addition to the street being torn up for an additional four years, there is a church and private residences being affected; and that the issue needs to be dealt with in a quicker manner. Councilmember Hodges questioned the amounts as presented and why some projects were being funded for more than requested. CDBG Coordinator stated that the entitlement was increased to allow 20% for administration. Councilmember Hodges stated that the full 20% does not have to be funded, just because it is allowable and that just the request should be funded. Councilmember Reller-Spurgin questioned if LOV, a Second Chance had come before requesting funding; that the project was funded, and what was the status. Reverend Johnson, stated that a portion of the funds were used; that previously the request was for Operation Push-Out; that there were problems getting all the necessary paperwork together; that of the $40,000, only $4,000 was used; that the balance stayed with the City; that it did take about a year to straighten out the situation; that LOV a Second Chance was developed; the program is ready to go; Council Minutes 04-04-01, Page 12 that a location separate from the Church has been found; that there is no longer a question with separation of Church and State; and that when the information of the new location was provided to the City, he was told that the program was cancelled and to reapply for funding. Mayor stated that these funds are awarded under stringent guidelines; that there is little latitude; that the Federal Guidelines must be followed; that a few years ago the entire program was audited; that the determination was that if the funding was not expended, those funds would be lost; that direction was given to bring the program up to speed and to monitor the expenditures and added that the funding allocation has allowed the City to benefit those of low-moderate income, prevent blight and meet urgent needs of the residents; and questioned if the entire allocation could be funneled to the Tramview Project. CDBG Coordinator stated that the entire fund could be targeted to the project; but that HUD has expressed concern with timely expenditures and it may be that other grants could be sought to complete the project. Assistant City Manager-Operations stated that another source of funding would be the Sewer Fund; that the Fund is used for the replacement of sewer lines and the like and would be an appropriate expenditure. Councilmember Reller-Spurgin stated that the project in the Crossley Tract is six years down a 5-year track; that overflow in a Church and in private residences is a major concern and that the problem needs immediate attention. Mayor stated that the Crossley Tract did have other problems that entered into the project; that the original engineering of the project was not good; that the Tract sloped into itself; that these types of practices are no longer allowed in the City; that the funneling of allocations to the Crossley Tract area did deprive the rest of the Community of funding; that, in this case, it is different; that there are roots invading the sewer lines; that the City can take care of the main and the laterals for the sewer lines and the street improvements, and questioned what kind of assistance could be offered to address the problems occurring on private property. CDBG Coordinator stated that the problem would be an eligible activity and could possibly be funded through the allotment. City Manager stated that the past history of CDBG funding indicates that funds are allocated for the first years, and then future funding is obligated. Mayor stated that the sewer lines and the street needs to be fixed; and help given to the residents; and questioned if the Sewer Fund could address the additional $300,000 needed. Councilmember Oden recommended that the proposed funding be approved and staff directed to seek other funding mechanisms and report back to Council. Council Minutes 04-04-01, Page 13 Councilmember Hodges stated that there should be no problem in using the Sewer Fund for the reasons it is designated. Councilmember Reller-Spurgin stated that LOV, a Second Chance, should be given an allocation and added that with the project at Crossley Tract, future funding was pledged. Jim Barrial, stated that the cost for the improvements at Crossley Tract was approximately $600,000; and that the future costs were pledged to be used. Councilmember Reller-Spurgin stated that the method used for Crossley Tract would be applicable for the Tramview Road project. CDBG Coordinator stated that the scenario given by Reverend Johnson was correct; but that a problem arose with the Planning Commission; that the project was approved in 1994; that a Conditional Use Permit was requested in 2000; that the gap in funding is approximately $15,000 and that is why the request is now before the Council. Reverend Johnson, stated that the Planning Commission did require a fence around the project at about $5,000; that outdoor lighting was also required; that the Planning Commission did give a five year window to implement the requirements; and that the requirements were not needed to be done immediately. Councilmember Oden questioned City Attorney as to precedence with separation of Church and State. City Attorney stated that this is a very gray area of the law; that many of the areas overlap; that the Supreme Court did determine that books could not be provided to parochial schools; that the City Attorney was never consulted on whether LOV, a Second Chance was a Church use, and at this time can not offer legal opinion. Councilmember Oden stated that the determination came from HUD when the location was within the Church property and questioned since the location is now on a different site would the program be funded. Director of Redevelopment stated that the original site was a part of the Lily of the Valley Church; that the building is "U" shaped and the original proposal was to locate the program in the Community Room in the center of the "U"; that there was little separation between the facility and the site for the program; that the legal opinion of HUD was that it would be a significant Church/State problem; that then a duplex was offered to be used as a site; that HUD indicated that the site would be more suitable; that the project was funded with allocations in the 1994-95 Fiscal Year CDBG allocation recommendation; that in 1999 bids were obtained for the remodel needed; that the remodel was more than the $40,000 allocated; that the alternative was determined to be a modular building; that the project went to the Planning Commission; that with all the issues involved including ADA requirements the cost was more toward $50,000; that Reverend Council Minutes 04-04-01, Page 14 Johnson was encouraged to reapply for the program in the future; that the original allocation did linger and based on HUD's stresses on timely expenditures the project funding was cancelled. Mayor questioned if Parks and Recreation requested funding for additional ADA requirements in the parks. CDBG Coordinator stated that ADA improvements to Ruth Hardy Park were submitted and funded. Mayor questioned if the full funding for the sewer and street improvements were being allocated from this years allocation. CDBG Coordinator stated that the funding is a combination of this years allocation and of reprogrammed funds from prior years unspent allocations, including LOV, a Second Chance $33,000 in remaining funds. Mayor questioned if the allocations can be moved from one category to the other. Councilmember Hodges stated that the funding can not be moved; and added that this Committee did an excellent job in its recommendations; that there is nothing that should be changed, in her opinion and added that the essence of what the funding is designated for was determined. Councilmember Reller-Spurgin concurred with Councilmember Hodges. Councilmember Hodges stated that many years ago a trip was made by the City Manager, the Director of Aviation and herself to HUD; that a request was made to allow a redistribution of funding; that operational funds requested far outweigh the requests for capital improvements; and requested some sort of campaign be established to try to get the funding reallocated. Councilmember Oden stated that next year a tabulation should be given to Council regarding all who requested funding and for how much and suggestions on any changes to the process. CDBG Coordinator stated that this year there was a change in the application process; that the application itself went from 3 pages to 33 pages; that there was a decrease in submittals of the applications; that ADA issues were stressed for compliance into public places; and that staff will try to improve the process in the future. Resolution 20021 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that R20021 be adopted. Council Minutes 04-04-01, Page 15 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: 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. Councilmember Oden questioned the private pay for parking program that is being conducted downtown; that it is lending a bad feel to the corridor and requested who is legitimate and who is not. City Manager stated that the matter is being addressed in the Parking Think Tank meetings and that those that are being conducted with valets do need licenses. Councilmember Reller-Spurgin stated that the sidewalks on the east side of Palm Canyon between Las Caseulas and Leed Jewelers are in need of cleaning. Mayor requested staff review the Sacramento policy regarding sidewalk cleaning. LEGISLATIVE ACTION: 10. AIRPORT ENERGY USAGE MODIFICATIONS Recommendation: That the Council approve a Purchase Order with Siemens Building Technologies, Inc., for modifications to the airport central plant and energy control and monitoring system; and authorize the associated work not to exceed $114,266; and amend the Fiscal Year Budget 2000-01 to appropriate an additional $84,266 to cover part of the installation costs. City Manager stated that approval will assist with summer energy issues at the airport; and requested Council approval of a purchase order rather than a contract to speed the process. Interim Director of Aviation reviewed the staff report and added that if a contract is required the timeframe will be prohibitive to the purchase. Resolution 20022 as recommended, and Resolution 20023 were presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that R20022 and R20023 be adopted. 11. ALLOCATED POSITIONS AND COMPENSATION PLAN —AMENDMENT#3 Recommendation: That the Council approve Amendment #3 to the Allocated Positions and Compensation Plan, adopted by R19885, to implement a reclassification of the Executive Services Administrator; add one Building Inspector; and add Special Provision for the allowance of overfill of two Firefighter positions. City Manager reviewed the staff report and recommended approval of the matter. Council Minutes 04-04-01, Page 16 Councilmember Oden stated that the issue of overfill of the firefighter positions had been previously discussed by the Council and that the building inspector position was recommended by the Building Industry. Resolution 20024 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried that R20024 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 12. AB 1007 AND AB 1137— REQUEST FOR FORMAL OPPOSITION Recommendation: That the Council take action in opposition to AB 1007 and AB 1137, both dealing with retroactivity of the recent property tax recalculation. Interim Director of Aviation reviewed the staff report, no further report was given. Councilmember Oden clarified that the letter contained in the packet would be the same as is sent. Mayor stated that the letter would be the same. Motion to authorize the Mayor to send letters of opposition regarding AB 1007and AB 1137 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that the Motion be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested the issue of the Classic Car Auction taking place at the Convention Center be reviewed by staff and assistance given to Mr. McCormick in securing the site. City Manager stated that a meeting has been scheduled with Mr. McCormick and a report will be forthcoming to the Council. PUBLIC reports or requests a) Jim Barrial, Sun-Up Rotary, stated that the Second Annual Citizen Award will be given on May 1, 2001, 7 a.m. at the Hilton Hotel to Mark Mathews and invited the City Council to attend. Council Minutes 04-04-01, Page 17 b) Reverend Jerry Johnson, stated that he was not happy with the discussion concerning LOV, a Second Chance; that a gross injustice of information was given; that the issue was not a separation of Church and State; that HUD has approved the proposed site; that an architect has been met with; that G & M Construction was to be involved; that all involved realized that the budget was tight, but that all were willing to assist with the endeavor; that a call was received from Mr. Cook; that Mr. Cook stated that he had two weeks to get the project moving; that a certified letter was received two days later from Mr. Cook canceling the funding for the project; that this program is not for himself, but for others; that every effort has been made to work within the system; but at this point, he is simply not happy with what was said about the project. STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 11, 2001 A Special Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 11, 2001, at 7:00 p.m. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Brown Act procedures on April 10, 2001. 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. PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: None LEGISLATIVE ACTION: 3. FRANCES STEVENS PARK Recommendation: That the Council approve amendment #2 to A4085 with David Morris for landscaping adjacent to the "Rainmaker" not to exceed $52,000; and accept reimbursement from the Community Redevelopment Agency for same. City Manager stated that the work at Frances Stevens Park is almost complete; that landscaping will be the last step; that the park will then be able to be opened to the public; that it is recommended that David Morris's contract be amended to cover the landscape costs; that the completion of the work should take no longer than two weeks; that the grand opening could be scheduled after that time frame and in answer to question by Council stated that the Agency will reimburse the City for the cost. Resolution 20025 making findings and Resolution 20026 accepting reimbursement and approving amendment were presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R20025 and 20026 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk