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HomeMy WebLinkAbout2001 - MINUTES - 9/5/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 5, 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, September 5, 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, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Oden The meeting was opened with the Salute to the Flag, and an invocation by Reverend LaVeta Dillman, Chapel on the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 31, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Senior Softball Hall of Fame—Sol Selvin "Best Swizzle Stick" Award. ' 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: , a) Paul Anobile, no address given, stated that the Friday Night Alcoholics Anonymous meeting currently held at the Mizell Senior Center has had its meeting night cancelled due to the increased energy costs and reduced funding the Center is receiving; and requested that the group be allowed to rent the Council Chamber on Friday night for future meetings. b) Corky Larson, CVAG, stated that a study session does need to be held with the Council regarding the Multi-Species Plan and the Big Horn Sheep issue; and added that funding has been given to the Gene Autry Trail and interchange projects in the amount of$15.6 million. C) Ray Alley, Desert Hot Springs, stated that the leash law infractions are too small; that the fines should be increased; that current laws are ' ineffective and that in the upcoming year the City should address the Ordinance. d) Tom Covey, North Palm Springs, questioned the status of the Minutes for past meetings. Council Minutes 09-05-01, Page 2 e) Peter Dixon, stated that past discussions by the Council were embarrassing; that the incumbents need to be able to debate issues without personal attacks; and that the Mayor is called on to maintain a civilized meeting. f) Bob Marra, stated that the Chamber of Commerce would be holding candidate forums for the upcoming election on October 2, 9 & 18 in the Council Chamber. APPROVAL OF CONSENT AGENDA: Items 1 thru 11. It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that Items 1 thru 11, excluding item 10, be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Hodges stated that items 3, 4 & 5 were all expenditures where grants were pursued and the receipt was approximately $6 million in which the City will only expend $40,000; that staff should be commended for the grants and that without them the projects may not have been done. 1. MO 6913 approving contract with Conference Communication Groups Inc., dba Micon Construction for Baristo, DeMuth and Victoria Park playground renovations, Schedule A, B and C, for $151,633. CP00-15. A4392. e 2. MO 6914 approving the City's Disadvantaged Business Enterprise Program for Federal Highway Administration funded projects for Federal Fiscal Year 2001-02. 3. MO 6915 approving grant reimbursement agreement with Coachella Valley Association of Governments for Gene Autry Trail Roadway and Railroad Bridge widening projects at the Whitewater River Wash for $4,564,500, at no matching costs by the City. CP0,1-04, A4393. 4. MO 6916 approving grant reimbursement agreement with Coachella Valley Association of Governments for Indian Canyon Drive Railroad Bridge and the I- 10 Connector Road widening projects, located on the north side of the Whitewater River Wash for $1,546,875, at no matching costs by the City. CP01- 11, A4394. 5. MO 6917 approving STIP grant reimbursement agreement with the Coachella Valley Association of Governments for the Sunrise Way traffic signal interconnection project for $120,000; City matching cost of $40,000. CP01-14, A4395. 6. MO 6918 approving the acquisition of real property from Jesse and Karen Macias for the residence located at 4440 E. Calle de Carlos for $87,000, plus closing costs. A4396. 7. MO 6919 approving Amendment #1 to A4158 with Anton Airfood Inc, Airport concessions, for the addition of Space 10 for the Palm Springs Coffee Company an the increased amount of percentage of 5% for up to 800,000 enplanement and 7.5% for 800,000 enplanement and above. Council Minutes 09-05-01, Page 3 ' 8. MO 6920 approving Option Agreement with Skywest Airlines for a facility expansion on an additional 5 acres located at the airport at $1,000/acre per year, for a period of five years. A4397. 9. Res 20160 approving Amendment #2 to the Airport's Passenger Facility Charge to raise the rate from $3.00 per enplaned passenger to $4.50 per enplaned passenger. 10. Res ----- concurring with Community Redevelopment Agency regarding approval of DDA with New Millennium Development. (See CRA A). Item withdrawn. 11. Res 20161, 20162, 20163 and 20164 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 967873 Spurgin Spouse 967985 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: ' 12. CASE 5.08746 - OCOTILLO ENERGY PROJECT Recommendation: That the Council consider the following actions: approval of a Memorandum of Understanding relating to Community benefits; approval of forwarding the Planning Commission Conditions of Approval to the CEC regarding the project; and amend the Zoning Ordinance to allow natural gas fueled electrical generation in the "E-I" Energy Industrial Zone. (Materials to be provided) City Attorney stated that although the item is on the agenda, the Council would not be taking formal action; that there are many questions that need to be answered; that the MOU between the developer and the City is still in draft form; that the independent consultants have not completed the analysis requested by the City, nor has the CEC completed its staff analysis of the EIR; that the foregoing reasons the Council will continue the hearing to September 19, 2001, its next regularly scheduled meeting; that the hearing will be opened at this meeting to allow any public testimony regarding the matter; that those who do speak tonight will not be allowed to give testimony at the continuation; and that it is requested that all interested persons appear at the September 19, 2001 to hear the complete presentation to be given to Council Mayor declared the hearing open. Jane Smith, no address given, stated opposition to the project; that this seems to be a hurry up item; that the Council should be informed and know the information that will affect the future lives of the citizens; that the impacts are not known; that to vote at this time is irresponsible and denies the public the right to knowledge; that the decision should be made on a valley wide basis; and that each member Council Minutes 09-05-01, Page 4 of the Council has a public, moral, and ethical obligation to leave no stone unturned on the matter. James Markman, Brea, stated that there will be a "slick" presentation given at the next meeting by the developer; that this issue should not be about generating revenue for the City, nor about the City doing its fair share towards the energy crisis; that the issue is what is being proposed to be built; that the project does not fit for the area; that it is in violation of the General Plan for the City; that the visual impact of seven smokestacks 100 feet high in the air can not be mitigated; that the entire area will result in projects that are built out of scale; that no EIR's have been completed; that if the City does not change the zoning, the project can not go forward; and that a comprehensive report needs to be given regarding the project to the public and the Council before a decision its made. James Cioffi, 2121 Tahquitz Canyon Way, representing a large number of concerned Palm Springs citizens, stated that a vibrant community is being supported; that the additional information requested regarding the Ocotillo Plant is needed; that it may be that the negatives are outweighed; that a new group has been formed composed of homeowners, business owners, representatives on Boards and Commission; that the new group is the quiet majority in Palm Springs and will be called Palm Springs 1"; and that a more active role by the group will be taken. Miles Barrett, 1725 Tuscan Road, urged the Council to support the project; that the project should not be delayed; that the Council :should negotiate a benefit package on behalf of its citizens; that the decision should not be based on emotion, but on facts and science; that the project has and is being studied by the AQMD; that it has gotten the stamp of approval from the SCAQMD; and that the City should be first in leading the way for this project. William Vasta, no address given, stated that it is clear the Council has already made its mind up; that the power crisis is a sham; that the; usage for power only grew 2% this year; that this plant will leave a money trail; that the revenue will add to the tax base for the City; that the citizens will not get a tax break because of the plant; that careers will be advanced due to the plant; that the plant is not good for humanity; that the plant will be located in the poorest part of the community; and that someone needs to represent those citizens rights. Harold Stone, presented a copy of a consultant's report regarding the plant, copy on file in Office of the City Clerk, and added that according to the consultant the effect of this plant, will be like that of going to a health spa; that it sounds like in the report that the pollutants will not be allowed to cross the boundary fence; that the fact is the plant will produce 530 tons of pollution a year based on a reduction of operating times; that the Peaker Plant approved by this Council produces 930 pounds of pollution each day it runs; that as an intervener there are many documents that are accessible; that the documents have been offered to the City, but that the City Manager did state that the independent consultant would conduct an unbiased review of the reports. Robert Phillipson, Ramon Road, stated that Palm Springs is unique; that visitors come here for the environment; that approval of the plant will be a sell out by the Council; that the contracts that the Governor entered into will result in a surplus Council Minutes 09-05-01, Page 5 ' of energy by the year 2004; that water in the State is questionable; that drought is unpredictable; that this plant will use an undetermined amount of water; that the plant will have adverse effects on Desert Hot Springs; that the pollution will affect everyone in the Valley; and added that the Members of the Council are too temporary to make such a permanent decision. There being no further appearances, the hearing was continued to September 19, 2001. No further action was taken or requested by the Council. 13. BURNETT DEVELOPMENT COMPANY Recommendation: That the Council approve the sale of a City-owned 7,840 square foot parcel located near Via Olivera and Indian Canyon Drive to Burnett Company for$10,000. A4398. Director of Redevelopment reviewed the staff report and added that this matter was discussed in the March Closed Session; that staff was directed at this time to have the property appraised; that the property did appraise at $10,000; that Burnett Development has assembled all needed properties except this one and recommended approval of the item. Mayor declared the hearing open. Jason Lee, Burnett Company, stated availability to answer questions should the Council have need. There being no further appearances, the hearing was closed. Mayor stated that for a number of years the Council has requested that the inventory of properties gwned by the City be reviewed and disposed of; that this is an excellent example of disposition; and added that it is not clear why this property was originally purchased. Resolution 20165 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that R20165 be adopted. 14. RULE 20-A UTILITY UNDERGROUND DISTRICT— INDIAN AVENUE & 1-10 Recommendation: That the Council approve establishing the formation of a Rule 20-A Utility Underground District at Indian Canyon and 1-10, a joint project with the County of Riverside (Riverside County District#40). CP99-09. Director of Public Works/City Engineer reviewed the staff report, no further report was given. Mayor declared the hearing open. Council Minutes 09-05-01, Page 6 Tom Suitt, stated that as one of the property owners this matter was requested; that the funds will not come from the Council and that only support of the matter is being requested of the City. There being no further appearances, the hearing was closed. Resolution 20166 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Oden absent, that R20166 be adopted. 15. NUISANCE ABATEMENT— 640 INDIAN CANYON DRIVE Recommendation: That the Council declare the buildings at 640 Indian Canyon Drive to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report and added that the process started in 1997; that adjoining property owners have signed a petition requesting something be done about the property; that the owner has tried to sell the property; and requested Council support of the recommendation. Mayor declared the hearing open. Ramy Hormoz, stated that there have been many circumstances why the building has not been renovated; that each time someone comes to the City to find out about possibly buying the property, the City scares them off; that the property was sold, but the buyer did die three days before closing; that there are qualified offers on the table for the property; that additional time; is needed to complete the offers and that one of the buyers will remodel the :site and bring it back to a marketable site for the City. Jimmy Siggire, 1075 Wilshire Blvd., stated that there is a gentlemen buyer for the Spanish Inn; that the proposed buyer is well known and well qualified to do the deal; and that only a little more time is needed to consummate the deal. Willie Holland, stated that what the City is doing should not be supported; that the City comes in and pulls meters on the properties in question; that it does scare potential buyers away; that there are many old buildings in the City that are refurbishable; that Code Enforcement tactics should not be supported; and that in most cases, it is the City that holds up the remodeling of the projects. There being no further appearances, the hearing was closed. Councilmember Hodges questioned how long the building has been vacant. Director of Planning & Building stated that complaints started around 1997; that the building was most likely vacant for a while before the complaints were registered. Councilmember Reller-Spurgin sated that empathy is felt for the owners, but that the single most valuable asset is our property; that it is our responsibility to take care of our property and keep it up; that a child could access this complex and Council Minutes 09-05-01, Page 7 ' get hurt; and that as Members of the City Council there is duty to protect public safety. Resolution 20167 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that R20167 be adopted. 16. NUISANCE ABATEMENT—444 W. PALM VISTA Recommendation: That the Council declare the buildings at 444 W. Palm Vista to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report. Mayor declared the hearing open. Willie Holland, no address given, stated that help is needed in renovating the area; that it seems when someone buys a building and starts to fix it up, the City hijacks the property; that property owners are not contacted by the City with violations; that buildings are demolished by the City without proper notification to the property owner; that it is not the answer to tear the buildings down; that the trend that is happening is like that of Section 14; that the land is wanted and the residents come home to find their homes gone; that the City does not take care ' of this part of the Community; that the street are only swept once a year; that there are abandoned cars all over the streets; that the economics of the area is not assisted; and that the oppressed people of the Community will most likely be moved to another area. There being no further appearances, the hearing was closed. Councilmember Hodges stated that this property has been noticed for violations starting in 1997; that noth[ng that the City has requested has been responded to and that the recommendation should carry. Resolution 20168 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that R20168 be adopted. 17. NUISANCE ABATEMENT—400 W. AVENIDA CERCA Recommendation: That the Council declare the buildings at 400 W. Avenida Cerca to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed staff report. Mayor declared the hearing open. Willie Holland, no address given, presented material to Council, copy on file in Office of the City Clerk, and added that this was set for trial in August, 2000; that circumstances were confusing; that after the Notice of Order was received, the violations were being complied with; that the City disconnected the meters, making it impossible to fix the property; that $30,000 was spent to try to bring the Council Minutes 09-05-01, Page 8 property to Code; that the City says there were no permits drawn for the additions; that the permits were drawn when the property was under County jurisdiction; that the records for the County have been destroyed; that there is a lot of false information being given; and that the renovations in the past were permitted. There being no further appearances, the hearing was closed. Resolution 20169 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that R20169 be adopted. 18. NUISANCE ABATEMENT— 1000 EAST PALM CANYON DRIVE Recommendation: That the Council declare the buildings at 1000 E. Palm Canyon Drive to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report. Mayor declared the hearing open. Ernie Nola, 249 E. Tahquitz, submitted photos, copy on file in Office of the City Clerk, and added that the owners of the property, Mr. and Mrs. Grant did contact his office for assistance; that out of the 72 units, 12 must be torn down; that the project is viable; that the background of the Grants will bring the Hollywood crowd back to town; that a team has been gathered to review the project; that trash and graffiti has been removed from the property; that the buildings have been boarded up; that costs are being determined; that should the Council deem to tear the building down, the result is vacant land; and that if some time is given for the new team to review the plans and rehabilitate the project, the City will have a new complex in its place. David Christian, architect, stated that as the new architect to the project an overview has been done; that it is felt the project can be brought back to the original condition; that the structure went from doing business to being totally shut down; that much of the tile in the bathrooms is in salvageable condition; that there is something to work with in this structure; that his firm has partnered with another firm that does these types of renovations; that the project generates enthusiasm; that while the rear units and some of the kitchens do need to be removed, the structure itself will be exciting to work oni. Joan Murrie, Biltmore Condo Phase III homeowner, stated that the last two years this structure has fallen into total disrepair; that vagrants hang out; that it is good to hear that there are new plans, but the question its when will the renovation happen. Bud Grant, stated that he did purchase the property one and one-half years ago; that there were mistakes made during the renovation process; that the owners were convinced they must take a backseat in the process; that the process never got off the ground; that all locals have been hired that have proven tract records; that there is a 10-point plan in place on what will finally be done; that it is hoped that the Biltmore can be put back on its feet; that the homeowners of the Council Minutes 09-05-01, Page 9 Deepwell Ranch were met with; that the nonappearance of those homeowners should say something to the Council; and that with an extension of time, the serious intent for this project will be proven. Jerry Fleming, no address given, stated that the greatest thing in Palm Springs is its architecture; that even though this structure is not in the best of conditions, the architectural details are in good condition; and requested the extension of time for the owners to redo the project. There being no further appearances, the hearing was closed. Councilmember Hodges stated that over the years there have been many complaints over the condition of this structure; that it is encouraging that the owner has a plan in place; and that the recommendation should be to continue the hearing for one month to allow for progress to take place. Councilmember Reller-Spurgin stated that there is no piece of property that has had more complaints about it than this one; that a good team has been assembled to work on the project and that Councilmember Hodges's recommendation should be concurred. Director of Planning & Building stated that the hearing could be re-opened and continued for 30 days. ' Mayor questioned if no extension is granted what the schedule would be. Director of Planning & Building stated that there is a 30 day period in which the owner can take rehabilitation action; that if there is no movement the City Attorney would start the legal process for demolition; that staff does get complaints on a regular basis on the structure and that the 30 days would allow significant response by the owner. Mayor stated that traditionally the Council has approved the Resolution to place pressure on the property owner to comply with the abatement; and that typically the process is allowed to happen without intervention by the Council. Councilmember Hodges stated that the reason for this change is that there are now local responsible project team members in place; that generally speaking in other cases the promises of rehabilitation are made, but nothing materializes. Motion to reopen the hearing and continue the matter to October 3, 2001 was presented; after which, it was moved by Reller-Spurgin, seconded by Jones and carried by the following vote, that the matter be continued to October 3, 2001. AYES: Hodges, Jones and Reller-Spurgin NO: Kleindienst ABSENT: Oden. Council Minutes 09-05-01, Page 10 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCN' 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. LEGISLATIVE ACTION: 19. PALM CANYON THEATER Recommendation: That the Council approve Change Order #1 to A4375 with Commercial Diversified to correct a series of structural deficiencies at the Palm Canyon Theater for$264,000, CP00-20. Assistant City Manager-Operations reviewed the staff report. Mayor questioned the funding for the project. City manager stated that the funds earmarked for the renovation of the City Hall parking lot would be reprogrammed; and requested the Building Official to review the needed adjustments. Building Official stated that when the roof structure was removed, the support struts were found to be inadequate; that the struts need to be replaced or rehabilitated; that rehabilitation is much more costly, thus the recommendation for replacement; and that there is no question, should the problem not be dealt with the roof will fail. Mayor stated that when this type of work begins on old buildings, it is not uncommon to find major problems with the structure and questioned if there was anything else of note. Building Official stated that as more things are torn out, the hidden problems will be exposed; that there did not seem to be a problem with termites or decay, but design and installation. Mayor questioned the status of the north wing of the Ibuilding and if the structure met earthquake code. Building Official stated that the north wing has not yet been inspected and that the building will be seismic reinforced and have tie downs. Mayor requested the scope of work to be done. Building Official stated that only the areas that must be fixed will be done; and that no extras will be added. Mayor stated that in remodeling one cannot define costs; and that the end result may be more than staff is requesting at this time. Councilmember Hodges questioned if there were any Federal or State historic site grant funds available to assist in the expenditures; and that it may be that the Council Minutes 09-05-01, Page 11 building should be placed on the National Registrar to secure funding or private donations. Mayor stated that thus far it has been determined that the sheeting on the roof is rotten; that all buildings require maintenance and upgrades; that when buildings are not maintained, then the result is very costly upgrades; and that in this case the City does desire to preserve the Frances Stevens building. Minute Order 6921 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that MO6921 be adopted. 20. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: None CITY COUNCIL reports or requests 21. Subcommittee - RFP evaluation Committee for Insurance Broker. Reller-Spurgin and Jones confirmed ' 22. Mayor stated correspondence had been received from Riverside County requesting funding participation regarding the Date Festival. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declare th meeting adjourned. (:::] - --69� a - PATRICIA A. SANDERS City Clerk 1