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HomeMy WebLinkAbout1999 - MINUTES - 11/3/1999 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 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, November 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 Rabbi Jordan Ofseyer, Temple Isaiah. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 29, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: PSHS Student Body Report HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business APPROVAL OF MINUTES: It was moved by Oden, seconded by Barnes and unanimously approved, that the Minutes of October 6, 1999 be approved. PUBLIC HEARINGS: , 1. TTM29284-PAROCELA GROUP Recommendation: That the Council approve Tentative Tract Map 29284 allowing the conversion of existing fourteen unit apartment complex, commonly known as the Las Casitas Garden Apartments, into a thirteen unit condominium complex located at 955 E. Parocela Place, Section 23, R-2. Director of Planning &Building reviewed the staff report and added that the project will have two units remaining under Measure KK, Rent Control, and that a relocation benefit will be provided to those tenants that wish to exercise that choice; that the units will be offered to existing tenants at a lower price "as is"; that a further reduction can be used if the transaction does not include a real estate agent; that the full market price has not yet been determined; and that Planning Commission did recommoend the project with conditions. Mayor declared the hearing open. Donald Siivola, stated that he had lived in the complex in 1992/93; that there are one or two occupants left that are under rent control; that there are areas of concern for those tenants; that the initial sales price offered was too high; that it is located on the south side of the Warm Sands area where a lot of night activity takes place; that the developer ' should try to sell the units to long term owners, and not allow the properties to be rented on a nightly basis; and that there may be some type of condition that could be placed on the property. Jack Heruska, Parocela Group, stated that some of the advance pricing was erroneous; that the market value will be determined when the properties are ready to go on the market; that a fair amount of additional landscaping and lighting is being planned; that the units will be upper end; that the project will include security; and that people will be Council Minutes 11-3-99,Page 2 In answer to questions by Council,Director of Planning&Building stated that a four foot wall abuts residential property; that a new wall will be constructed streetside; that short walls will be surrounding the perimeter; that there have been no complaints concerning the property; that no one appeared at the Planning Commission public hearing; that this is the first time the Planning Commission recommended a relocation benefit,and is based on recommendations in State law. Councilmember Oden questioned if the benefit would be adequate. Director of Planning & Building stated that the amount suggested is the base amount allowed under State law; that a survey was not done, but that the Planning Commission felt the amount was reasonable. Councilmember Oden stated that it would be best if the renters could purchase the units; and recommended the project be tracked to evaluate the impact on housing stock. Councilmember Reller-Spurgin stated that the Rent Control Ordinance does have vacancy decontrol and that the current renters may be unable to locate affordable housing and questioned how the matter would be addressed. Councilmember Oden stated that it is unfortunate; but that the voters did approve the measure for vacancy decontrol. Mayor Kleindienst stated that it is important to maintain a quantity and quality of affordable housing stock; that it is not clear the conversion to condominiums is the best use for the property; and that the concern is that it may be removing affordable housing for those who need it. Councilmember Reller-Spurgin stated that the property owner should have the right to do with the property as he chooses; and questioned the urgency of the project. Jack Heruska stated that as far as rent control is concerned the Ordinance will be abided by; that the applicant was aware of the situation when the property was acquired; that the plan is to honor the commitment;that the matter is not an urgency,but the application was filed six months ago; that it is understood that this type of project is not done everyday, but it would be appreciated if the project could move forward; that lease options are one consideration; that at this time one and one-half year notice has been given; that concessions have been made to assist not only in purchase but in relocation; and that the units will be under market value. Councilmember Oden stated that the Lease to Own program should be coming to fruition in the near future and may be of assistance in this situation. Resolution 19679 as recommended was presented; after which, it was moved by Hodges, seconded by Oden,and unanimously carried that R19679 be adopted. PUBLIC COMMENTS: a) Comments on matters concerning item 3: Gary Martin,AON Insurance, stated if any questions concerning item 3 arose,the brokers (096- were available to answer. 001) ' b) Comments on matters not on the agenda: Paul Casey presented custom putters to City Manager and Director of Facilities for assistance in Bikers Weekend. Wendy Busig-Kohn, resident, stated that the election indicated a new beginning for Palm Springs; and hoped the Council would open up to embrace everyone. Fred Ebeling, resident, stated concurrence with Ms. Busig-Kohn; and added that Mr. Barnes would be missed on the Council for his creativity; and that in the future more positive comments would be forthcoming. Council Minutes 11-3-99,Page 3 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 2. TAHQUITZ CREEK RESORT TOURNAMENT&GROUP PLAY POLICY ' Recommendation: That the Council adopt a Tournament and Group Play Policy and approve the application for tournament fee waiver for use of the Resort Course at (092- Tahquitz Creek Golf Resort. 013) Director, Department of Facilities, reviewed the staff report and added that on July 7, 1999, the Parks & Recreation Commission did approve the policy; and that due to the Council Study Session held on September 22, 1999, further changes are :reflected in the revised policy. Councilmember Hodges stated that she was not present at the September 22, 1999, Study Session and questioned if the new policy would eliminate the PSPOA golf tournament and who determined if the event would be of benefit to the City. Director of Facilities stated that all four groups that currently participate: in the charity events would be grandfathered into the policy and would be eligible to continue to host their tournaments; that the events will continue to come to the Council 15or review and approval. Councilmember Hodges stated that the proceeds designated to charity should be higher than 25%, and suggested 50%; and added according to the criteria set forth, out of town charities could qualify for waiver of fees. Mayor questioned if the fees are waived for convention groups. Councilmember Reller-Spurgin stated the waiver should only be for local charities. , Director of Facilities stated that the policy for waiver is the same as when the matter was first approved; and added that some of the charities benefit charity on a regional basis, such as Shelter From the Storm. Councilmember Eames clarified that if a charity is from Palm Springs, 100% of the proceeds benefit the City and added that limitation in charity location could result in Palm Springs losing funds. Councilmember Oden stated that if a charity is from the Coachella Valley, Palm Springs may benefit. Councilmember Reller-Spurgin stated the purpose of the golf course is to make money; that Council awareness may prevent the golf course from being taken advantage of; that the golf course management is accountable to the City; and that the purpose of the policy is to give the management of the golf course tools to determine its best use. City Manager stated that the application will outline the revenue stream and designations for the proceeds; that the Council could change the charitable benefit to a higher figure, but that the policy states a minimum of 25%is designated. Mayor recommended the policy be amended to guarantee that a minimum of 50% of proceeds designated to go to charity must benefit the City of Palm Springs or a Palm , Springs charitable organization/foundation. Councilmember Oden stated that the Council will retain the ability to review each application and can determine if the proceeds are designated in the proper method. Minute Order 6518'as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Hodges,and unanimously carried,that MO6518 be adopted. Council Minutes 11-3-99,Page 4 3. INSURANCE BROKER SELECTION Recommendation: That the Council approve AON Risk Services for the City's Insurance Broker and that staff be authorized to enter negotiations for contracting purposes to be brought back for Council approval. Assistant City Manager-Operations reviewed the staff report and added in answer to questions by Council that currently commissions are paid to various brokers; that auto insurance is included; that a sub-committee did review the proposal; that each portion of the bid was graded and the company ranked; that a variety of bids were requested;that the ranking was performed based on overall City needs; and that the recommended firm gave the most qualified value. Councilmember Reller-Spurgin questioned if the$75,000 fee was just to secure insurance. City Attorney stated that the recommendation was not for an approval of contract, but authorization to proceed with negotiations; and that a contract would be forthcoming to the Council for consideration. Councilmember Reller-Spurgin stated the matter should be reviewed at a Study Session. Councilmember Oden stated that the matter would have been better reviewed in Study Session; but that the Council could authorize negotiations to start. Minute Order 6519 as recommended was presented; after which, it was moved by Oden, seconded by Barnes,and carried by the following vote,that MO6519 be adopted. AYES: Barnes,Hodges, Oden and Kleindienst NO: Reller-Spurgin ' 4. ORDINANCE FOR SECOND READING&ADOPTION(Intro 10-20-99) City Clerk read Title of Ordinance 1574 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 3.84.365 OF THE PALM SPRINGS MUNICIPAL CODE TO CHANGE THE DAILY RATE TO AN ANNUAL RATE, TO CHANGE THE RATE REFERENCE FROM 3.90.210(AA)($2.00) TO 3.90.210(E)($5.00), AND TO SET A MINIMUM ANNUAL RATE OF$1060. after which, it was moved by Reller-Spurgin, seconded by Barnes, and unanimously carried,that further reading be waived and Ordinance 1574 be adopted. 5. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement;materials provided at meeting). EXTREME PROKART EVENT See item 6. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. ' 6. MO 6520 approving a three-day"Extreme ProKart Event"by SSC Racing for a timed go cart racing event on abandoned Taxiway A at the Palm Springs International Airport on November 18-20, 1999; and Res 19680 temporarily suspending certain regulatory ordinances to facilitate the event. 7. MO 6521 approving a contract to Mercury Construction and Restoration Services for the Boys and Girls Club remodel, Schedules A,B,and C,for$95,745.86, 1997-98/1999-00 CDBG Funding,CP99-08. A4163. P '> "d v!LtlGe Council Minutes 11-3-99,Page 5 8. MO 6522 approving purchase of 54 Mobile Data Computers for the Police Department, (117- through the California Multiple Award Schedule from Fieldworks, Inc., for a total cost of 048) $547,218. 9. MO 6523 approving contract with Robert L. Tette to provide background investigation (113- services for the Police Department,for$17.00 per hour, a two-year agreement,not to exceed 007) ' $30,000. A4164. 10. Res 19681 and 19682 approving Payroll Warrants and Claims&Demands. Note abstentions,if any: Councilmember Warrant# Payee Particular Nature,of Conflict (086- Reller-Spurgin 947348 Dennis Spurgin Spouse 019) Hodges 947110 Builders Supply Client of Employer 947164 Desert Water Agency 947187 Chris W. Foster,Inc. 947193 Granite Construction Co. Resolutions 19680 through 19682 and Minute Orders 6520 through 6523 were presented; after which,it was moved by Oden,seconded by Reller-Spurgin,and unanimously carried that R19680- 19682 and MO6520-MO6523 be adopted. ADDED STARTERS: NONE REPORTS &REQUESTS: CITY COUNCIL reports or requests a) C.V. Mosquito and Vector Control District term ends 12-31-01 (060- b) Parks&Recreation Commission-Term ends 6-30-02;Direction by Council to open 013) vacancies and accept applications. (060- ' PUBLIC reports or requests: NONE 021) STAFF reports or requests: Mr. Smoot presented Mr. Parkins with gift from City staff Mr. Parkins thanked staff and bid farewell to Council. ADJOURNMENT There being no further business,Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk 1