HomeMy WebLinkAbout2002 - MINUTES - 2/6/2002 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 6, 2002
' 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 6, 2002, at 5:00 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Mills, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Reverend
Richard Drasen, New Thought Center-Religious Science.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 1, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: Shriners— Burn Awareness Week
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:
The following persons spoke in support of Item 6:
Jed, Chelsea and Shelby Wallbrecht, no address given,
Donna Martin and son, Eric, no address given
Wes Wallbrecht, no address given,
Ron Bundy, Cathedral City, for item 6.
Douglas Crawford, no address given.
Officer George Palomares, Palm Springs Police Department, stated that PAL offers after
school and summer activities for the youth; that Item 6 is one of the proposed programs
and requested approval of the item.
The following persons spoke in support of Item 20:
Kurt Haggstrom, 2063 Ramitas
Trevor Thorpe, Palm Springs High School Honor Student
' Kenneth Haggstrom, 591 W. Stevens
Charlie Asamo, 1120 Tiffany Circle North
Syl Whitaker, 2092 Sandalwood Drive
Nancy Fitzgerald, 555 Via Lola
Bill Kimstle, 3155 E. Ramon Road #808
Carol Albert, 280 Avenida Caballeros #203 14
Council Minutes
02-06-02, Page 2
Denny Lueneburg, 102 B East Palm Canyon '
B. Ursula Dunn, 3190verlook Road
Michael Stewart, 505 S. Farrell Drive M74
Norman Williams, 2630 Anza Trail
Jerry Thorpe, 38365Maracaibo Circle West
Jim Hicks, 3706 Bogert Trail
John Laslo, 3674 Bogert Trail
Jayne Behman 587 Camino Sur
Bill Greener, no address given
The following persons spoke in opposition to Item 20:
Marshall Gelfand, 611 Linda Vista Drive
Martin Mueller, 2177 Bob O'Link
Rich Roellig, 555 W. Baristo, unit C-8
Harold Metzner, no address given
Shirley Waite, 555 W. Baristo
Judith Messner, no address given
Eddie Burdogo, no address given
Palm Jung, no address given
Mike Price, no address given
Jan Darling, no address given
Lou Moralez, Member of Tennis Club
The following persons spoke in opposition to Item 22 based on a 2-hour limit: '
Cameron Kelley, 2626 Cypress Road
David Lynch, no address given
Joy Meredith, Main Street President
Suzanne ?, no address given
Alan Bordeaux, no address given
John Wessman, 155 South Palm Canyon
The following persons spoke in favor of a parking structure and addressed problems with
parking in the downtown corridor:
Phyliss Silver, no address given
Ilene ?� no address given
Alene Banagan, no address given
Jessie Danner, Palm Springs
The following persons spoke on matters not on the Agenda:
Nancy Stuart, representing the Palm Springs Aerial Tram, invited the Community to use
the Tram for a getaway and as a meeting destination area.
Dolliah the Black Dahlia, no address given, expressed appreciation to the Council for the
vouchers given to cover the costs of getting a wedding dress cleaned; and expressed a I
willingness to donate a television for use in the Large Conference Room.
Robert Van Etten, read a prepared letter regarding building code violations at the Colony
El Mirador; and requested response from the City addressing the current situation.
Council Minutes
02-06-02, Page 3
' Howard Field, Colony of El Mirador, stated that procedures are not being following in the
City's Building Department; that Certificates of Occupancy are being issued untimely;
that many who live at the Colony are under stress due to the situation and requested
justice for all.
Jim Stuart, Commercial Real Estate Broker, stated that other Communities in the Valley
do have free parking; that valet parking in the City lots is not right; that something does
need to be worked out with Wessman; and that the Palm Springs Economic
Development Partnership supports the Gloriette Apartment project.
Comment regarding Item 14:
Miles Barrett, Palm Springs Economic Development member and resident urged support
of the Gloriette Apartment project; and added that rental apartments are needed in the
City.
APPROVAL OF CONSENT AGENDA:
It was moved by Oder, seconded by Reller-Spurgin, and unanimously carried, Mills
abstaining on Item 8, that Items 1 thru 13 be adopted.
Review by City Manager of Consent Items to be clarified.
Councilmember Mills questioned if the warranty period of one year would come before
' the maintenance agreement was implemented regarding Item 10.
Assistant City Manager stated that the maintenance agreement would start preceding
the full year warranty.
Councilmember Oden stated that regarding Item 12, Mr. Janes had previously
designated the Palm Springs Youth Center as the charity of choice.
City Manager stated that Mr. Jones would send a letter to the City with the designation.
In answer to questions by Council, Assistant City Manager stated that Item 5 was
approved by the Airport Commission; that the funding will include extra training for
airport security; that the funding is budgeted for Item 7 in the safety augmentation fund;
that Item 9 will be funded by the FAA; and that Item 10 will be for exclusive use at the
airport to start with, and reviewed to see if the Community use can be implemented at a
later date.
1. Approval of Minutes of August 1, December 5, 2001 and January 2 & 16, 2002.
2. MO 6999 waiving informalities with the apparent low bidder and awarding
contract to Bond Blacktop, Inc., for the 2001-02 Annual Slurry Seal Program,
Schedules A, B and C for$290,061.22. CP01-23. A4444.
' 3. Res 20264 approving Parcel Map 29631 for Sanborn A & E representing CS3F
Partnership to divide property located at 100 Gene Autry Trail North and 200
Gene Autry Trail South. APN 677-280-034 and 677-170-011. T4S, R5E, Section
18,
Council Minutes
02-06-02, Page 4
4. MO 7000 approving Amendment 2 to A4372 with PAC West Landcare Inc to add '
annual landscape maintenance services for the City's Parkway Maintenance
District 9, known as Flora Vista, for$14,196. Total contract amount$940,397.
5. MO 7001 approving a proposal from the American Association of Airport
Executives (AAAE) to provide and conduct an on-site training seminar regarding
aviation security for law enforcement officers for Palm Springs Police Department
and the Department of Aviation personnel for$30,000. A4445.
6. MO 7002 approving a lease agreement with Palm Springs Police Activities
League for use of City property for the creation of a Bicycle BMX Program (off
road bicycles) located on a parcel of land east of the City's wastewater treatment
plant. A4446.
7. MO 7003 approving the purchase of a drug detection dog for use at the Palm
Springs International Airport for a startup cost of $10,576; and annual cost of
$5,702.
8. MO 7004 approving Amendment 1 to A4378 with Ninyo & Moore for special
inspection services related to the expansion of the Airport fire station for$20,000.
Total contract $40,000. Mills Abstain.
9. MO 7005 approving the purchase from Ramsey Street Ford of 1 CNG powered
passenger van through the County of Riverside contract for$27,950.35; and
MO 7006 approving the purchase from Downtown Ford of 1 crew cab pickup '
truck through the State of California contract, for $27,604.47_ Total purchase
amount $55,554.82.
10, MO 7007 approving the purchase from Visionics Corporation of an electronic
fingerprint machine for use at the Palm Springs International Airport through the
CMAS schedule for$62,554.90.
11. MO 7008 ratifying City Manager approval of a Tolling Agreement (on file in Office
of the City Clerk) with Peck Shaffer & Williams, LLP regarding the Internal
Revenue Service audit of the 1991 Bond issue for the Palm Springs Assisted
Living Center. A4447.
12, MO 7009 authorizing the release of $8,460 of former Councilmember Jones'
accrued salary to the charity of his designation to be received in writing.
13. Res 20265, 20266 and 20267 approving Payroll Warrants and Claims &
Demands.
EXTENDED CONSENT AGENDA: None
1
Council Minutes
02-06-02, Page 5
' PUBLIC HEARINGS:
14. APPEAL—GLORIETTE APARTMENTS
Recommendation: That the Council consider an appeal of the Planning
Commission decision of Case 3.2103, Architectural Approval, for the
development of a 206 unit apartment project with a 1,800 square foot community
facility on a 8.89 acre parcel located at the northeast corner of Hermosa Drive
and Amado Road, R-4 zone, Section 14. Applicant: James Smagala.
Appeallant: Peggy Redmon, Greenhouse East Homeowners Association.
Director of Planning & Building reviewed the staff report; and added that a 10
percent reduction in parking is requested, and reviewed the visual site plans on
display in the Chamber.
Councilmember Mills questioned if there would be prohibited parking on both
sides of the street.
Director of Planning & Building stated that there would be no parking on streets
adjacent to the property to allow for better circulation of the site, and that street
parking would be available across the street from the project.
Councilmember Mills commented that the Planning Commission did include three
' areas of concern with the conditions of approval; that the recommendations were
for the developer to consider creating a children's play area north of the main
pool area, increased parking onsite, and for the developer to meet on a quarterly
basis with representatives of each Homeowner's Association; and questioned if
the recommendations were included in the conditions being presented to the
Council.
Director of Planning & Building stated that the recommendations should be
included in the conditions.
Mayor declared the Hearing opened.
Peggy Redmon, appellant, stated that there is concern on the analysis by the
developer that was not included in the Council's materials; that the memo is
dated January 4, 2002 and was sent to the Director of Planning & Building and to
the applicant; that the last sentence deals with jurisdiction of the Tribal Council
over the project; that the Tribal Council approved the project in December, 2001;
that with its approval, regardless of any City Council action, the approval will
stand; that there is a concern that this process is futile; that it is hoped that the
Tribal Council has approved the concept, not the project itself; that the
Community believes that the final decision maker is the City Council; that there
have been many letters written to the City Council regarding the project; that the
concerns range from appearance to haw the project will fit into the existing
' neighborhood; that it simply does not fit; that the traffic study was not expanded
to show the additional vehicle usage on Hermosa; that at the top of the 3-story
building recreational purposes will be used; that there is the possibility that a
viewing area will become an attractive nuisance for the children living in the
building; and that the Council is urged to uphold the appeal.
Council Minutes
02-06-02, Page 6
Betsy Ross, Realtor, stated that recently a condominium was shown adjacent to '
the proposed project; that the potential buyers did not buy due to the concern of
the apartments being built next door, and added that if the development curtails
resale of the adjacent properties, there will be concern.
George Klauss, stated that the Gloriette Apartments is bad development.
Nic Paask, no address given, stated that the proposed apartments just do not fit
the area; that the charming image of Palm Springs should be maintained and that
approval will result in population pollution.
Robert Fey, realtor representing the sublessor and sublease of developer, stated
that the Planning Commission did address all the issues in the appeal; that the
developer went so far as to complete studies that were not required; that the
Tribal Council did approve the project; that the approval was without any
conditions; that the project is not built out to maximum density; that the project is
a right of zone; that there are no changes being requested to the right of zone;
that the process has taken 13 months; and that the Council should stand behind
the Planning Commission approval.
Oliver Godfrey, Adjunct Professor COD, stated opposition to the project, and
added that if the Council did approve the project, the approval should be based
on eliminating the third story, a requirement to use earth tones and pastels on the
exterior, that the entry way be expanded to a wider road, and that a play area be
designed for the children; and that with those caveats, the project may be able to '
be worked out.
Councilmember Oden left the meeting.
Unidentified man, expressed support of the appeal; and added that the property
owners at the Greenhouse are citizens concerned with the quality of life in the
City; that there are nine recommendations included in the appeal, that if
approved by the Councils will enhance the project.
James Smagala, Developer, introduced the project team and stated availability
for questions.
Mayor declared the hearing closed.
Councilmember Oden re-entered the meeting.
Mayor requested an explanation of the issues when dealing with reservation land
and the levels of authority.
Director of Planning & Building stated that the Tribe has authorized the City to
exercise land use on tribal land; that all projects go through the City processes;
that an aggrieved party may appeal the decision of the City Council to the Tribal
Council; that a joint meeting is held to hear the appeal between the two Councils
and an ultimate written decision is made by the Tribal Council; and added that
there have been only 20 appeals filed since the agreement of 1977.
Council Minutes
02-06-02, Page 7
In answer to questions by Councilmember Oden, Director of Planning & Building
stated that right of zone is the land use that is permitted in the zoning ordinance;
that the density for the zone was established in the 1980's and reaffirmed in the
1993 General Plan Update; that the process of approval for this and like projects
is the project is reviewed by the Development Committee, which includes fire,
police, engineering and design review; the project is then forwarded to the
Planning Commission for consideration; that the major concern in this project,
seems to be regarding traffic; that the Greenhouse Project was approved in the
mid-1970's; that the zoning was established shortly thereafter; that the Tribal
Council and Tribal Planning Commission usually do approve projects prior to the
Planning Commission; that a letter of support from the entities was submitted in
support of this project; that if this project was on fee land it would still comply with
R-4, right of zone issues; that the aesthetics of the project were of concern given
at the testimony on the Planning Commission level; that those concerns were the
number of buildings, size and density of buildings; that the concern regarding
traffic on Hermosa will be addressed when the street is widened; that the traffic
study did review each intersection and that the findings were the roadways would
handle the traffic.
Councilmember Cden questioned if Amado and Hermosa would have signals.
City Engineer stated that there was not plan to signal the intersection; that there
is one traffic signal proposed at Amado and Caballeros, to include the developer
to pay its fair share of the cost.
Councilmember Oden questioned if the entry way would include a 4-way stop; if
there were amenities for children; if roof top viewing areas were included; the
colors of the project; and if there were policies in place that regulated colors.
City Engineer stated that the item could be reviewed, but was not specifically
recommended in the traffic study.
Director of Planning reviewed the site plans located in the Chamber and added
that the Planning Commission did condition that the amenities be brought back
for Planning Commission consideration; that generally speaking, the colors
proposed on a project are viewed as a range; that the past practice of the City
was to approve basically ivory and brown; that most of the time colors are refined
during the development of the project.
Councilmember Oden stated that the project is a right of zone and that there may
be consequences if the project is denied.
Councilmember Reller-Spurgin left the meeting.
City Attorney stated that any denial must be justified; that the reason the matter
is before the Council is to review any amenities of the project.
Councilmember Mills requested clarification of the General Plan amendment
process.
Council Minutes
02-06-02, Page a
Director of Planning & Building stated that the amendment was made to address
density issues in Section 14; that the Agua Caliente Band of Cahuilla Indians did
request the zone densities to be upped; that in the 90's, a workshop was held
and that Section 14 areas had not been real active.
Councilmember Reller-Spurgin re-entered the meeting.
Director of Planning & Building stated that the Master Plan for Section 14 is
slated to be released by the Tribe soon and does, in fact, have higher density
than the rest of the City,
Councilmember Mills questioned the zoning for the area across the street from
the project.
Director of Planning & Building stated R4.
Councilmember Mills stated that the project is in compliance of a R4 zone; and
that the visual impact should not be that great from street level.
Mayor questioned how the units are air-conditioned and the location of the
compressors and whether the trash enclosures included bins for recyclables.
Lance, representing the developer, stated that the air conditioners are internal
units with the air compressors located by way of heat pump in closets on the
balconies and that the bins for recycled products would be within the trash '
enclosures.
Mayor questioned if the number of parking stalls were reduced by using compact
Stalls.
Director of Planning & Building stated that there would be a combination of
traditional and compact stalls.
Mayor questioned if parking would be allowed on both sides of the street.
Director of Planning & Building stated that Engineering did not recommend the
parking, but that it would be allowed on the other side of the street; that the issue
of no parking had to do with the intersection and driveway visibility.
Mayor stated that other smaller unit housing projects typically had more
amenities and questions if the amenities would be further reviewed by the
Planning Commission_
Director of Planning & Building stated that the Council could make specific
directions in the motion; that on the daycare issue, the City has requested that
type of amenity in the last two affordable housing projects, but that this particular
project is market rate rental housing units.
Mayor stated that the colors of the project may be too strong; that the proposed
colors are subject to fading in the desert sun; that Palm Springs is eclectic in its
architectural taste; that architectural style is typically not mandated; and that the
height of the buildings is not of concern, due to the distance of proximity of other
buildings.
Council Minutes
02-06-02, Page 9
' Councilmember Oden stated that personally he has no problems with the
proposed colors; that concerns have been expressed due to the fear of reduction
of property values for adjacent property owners; that development in a
Community does happen and can happen with a positive relationship; that the
City does need housing as we grow and that good Community relations need to
be fostered as the City enhances growth.
Motion to prepare a resolution to uphold the Planning Commission decision with
conditions to include restudy of colors and additional landscaping at street side
with similar characteristics of Greenhouse East, for the February 20, 2002
meeting was presented; after which, it was moved by Mills, seconded by Oden,
and unanimously carried that the motion be adopted.
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.
LEGISLATIVE ACTION:
15. ORDINANCE FOR SECOND READING &ADOPTION (Intro 1-16-02)
City Clerk read Title of Ordinance 1606 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
W-R-2 (WATERCOURSE AND LIMITED MULTI-FAMILY RESIDENTIAL ZONE)
TO W-C-1 (WATERCOURSE AND RETAIL BUSINESS ZONE) LOCATED ON
MATTHEW DRIVE, EAST OF CHEROKEE WAY AT 4601 MATTHEW DRIVE,
W-R-2 ZONE, SECTION 30.
After which it was moved by Oden, seconded by Reller-Spurgin and unanimously
carried, that further reading be waived and that Ordinance 1606 be adopted.
16. COMPREHENSIVE FEE SCHEDULE AMENDMENT — AIRPORT VEHICLE
'IDENTIFICATION PROGRAM
Recommendation: That the Council amend the comprehensive fee schedule
R19757, for the Department of Aviation to reflect costs related to the issuance of
Airport vehicle identification permits at the Palm Springs International Airport.
Resolution 20268 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried that R20268 be
adopted.
Council Minutes
02-06-02, Page 10
17. COMPREHENSIVE FEE SCHEDULE AMENDMENT — AIRPORT '
IDENTIFICATION BADGES
Recommendation: That the Council amend the comprehensive fee schedule
R19757, for the Department of Aviation to reflect costs associated with the
issuance of airport identification badges at the Palm Springs International Airport.
Resolution 20269 as recommended was presented;after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20269 be
adopted.
1S. CLOSED SESSION MEETING TIME
On January 16, 2001 Council directed staff to prepare a Resolution changing the
time for Closed Session to start at 5:00 p.m„ preceding its regular meeting.
Resolution 20270 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20270 be
adopted.
19. DOCUMENT EXECUTION AUTHORIZATION
Recommendation: That the Council rescind Resolution 14756 and approve
authorizing the City Manager and other City Officials to execute certain
documents on behalf of the City.
City Manager stated that the authorizations recommended follow the
Procurement Ordinance previously adopted by the Council.
Resolution 20271 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20271 be
adopted.
20. TENNIS CENTER LEASE
Recommendation: That the Council approve a lease with Kurt &Ana Haggstrom
for the Palm Springs Tennis Center, a city-owned facility located at 1300 East
Baristo Road, for a monthly rental of $750 for the months of September through
May and $375 for the months of June through August. Term commences
October 1, 2001 for 5 years, with two options for a term of two years each.
Director of Redevelopment reviewed the staff report and added that the proposed
lease was with the Council's packet for comment.
Councilmember Oden stated that the issue is not to address the character, work
skills or integrity of the Haagstroms; that in all comments there is nothing but
favorable comments regarding the operators; that much discussion has been ,
held tonight regarding the operators; that there is a responsibility of the Council
to determine what is best for the City; that the determination includes all the City,
not an individual; that recommendations have been made to allow both proposals
to work together; that the final determination is made on what is viable; that the
City in the past has made subsidies; that some of the groups have never paid
Council Minutes
02-06-02, Page 11
those subsidies back; that the question does come up on whether the
Haagstroms business has been subsidized and by whom and for how long.
Director of Redevelopment stated that the proposed operator is currently
operating at the Hilton; that the business does operate by a license and has been
subsidized by the hotel for the duration of its business, or the last 19 years.
Councilmember Oden questioned how long the lease is with the Palm Springs
Unified School District for the Tennis Center use; and how many different entities
has the Tennis Center been leased to.
Director of Parks, Recreation and Facilities stated that since the 1980's the
Tennis Center has had a number of lessees; that none have been particularly
successful; that in this fiscal year, funds have been budgeted to operate the
Center by the City.
Councilmember Oden stated that the Council does have two proposals before it
for consideration.
Councilmember Reller-Spurgin stated that that one proposal was recently
submitted.
Councilmember Oden stated that the recent proposal was from an initial contact
in March, 2000; that between the two proposals, one is subsidized by the City
and the other offers revenue to the City; and questioned the capital
improvements needed at the Center.
Director of Redevelopment stated that the estimated improvement cost is
$120,000; that funding has been requested from the Agua Caliente Band of
Cahuilla Indians for $50,000; that the remainder of the funding will be at Agency
or City expense; that the other proposer offers to pay up to $100,000 in capital
improvements at its own cost.
Councilmember Oden stated that it is clear that the Haagstroms operated its
facility as a tennis family; that the concept is good for the City; that there is a
win/win/win situation being offered; that should the Haagstroms work with the
Tennis Club group and the Tennis Club work with the City, all parties win; that it
-would be irresponsible not to promote the solution; that more courts are needed
for use in the City; it is a tourism asset; that land at Ruth Hardy park is being
addressed for additional facilities and that it would be best to see all parties work
out a winning situation for all.
Councilmember Mills stated that the process had started before his seating on
the Council; that initially there was not a full understanding of the situation; but
that the education has been given; that the City, based on documentation, made
a moral commitment to the Haagstroms in November, 2001; that a commitment
was made to the Agua Caliente Band of Cahuilla Indians during the same time
period; that the City did enter into negotiations with the Haagstroms; that along
the way the Haagstroms were given the understanding that the Tennis Center
lease would solve the problems they were facing; that the solution also solved a
problem for the City; that a current proposal has surfaced within the last few
weeks; that while it is financially lucrative for the City, it would not be morally right
to support.
Council Minutes
02-06-02, Page 12
Councilmember Reller-Spurgin stated that both Councilmembers were right; that '
as a Councilmember the right decision has to be made for the City; that not all
are happy with any particular decision, but that as a gate keeper of fiscal
responsibility, it seems a compromise could be made; that a positive attitude is
needed; and that the matter should be deferred to discuss the proposal with all
parties.
Mayor stated that the Council did address the issue in a global sense; that many
knew that the Agua Caliente Band of Cahuilla Indians wanted to expand its
casino; that the Community is aware of the proposed expansion; that in the
beginning, it was thought that the expansion would proceed north; that the
proposal did not work out; that a reevaluation of the area was done; that in the
meantime, the operator the City hired had left the Tennis Center; that we needed
an operator and that the Tribe was moving to acquire property where the Plaza
Racquet Club is located; that negotiations were held between the Tribe, the City
and the Haagstroms; that the intent was to assist the Tribe in the acquisition of
land and assistance would be received to help offset expenses of an operator
that had a proven track record; that the Tribe agreed to provide a monthly
funding to hold the Center open by a commitment of $1,500 each month; that
Council directed staff to negotiate with the Haagstroms for an operating lease;
that reliance has been given by the Haagstroms and the Tribe; that letters
between the Tribe and the City have been signed that were authorized by the
Council; that the financial opportunity being offered by the Matzners is greater,
but that the City negotiated, not based on the cost to operate the Center, but
based on the offering of the quality of life for the citizens and tourists alike; that
the action before the Council is one that is the completion of a year long
endeavor where commitments were made during that period.
Councilmember Oden stated that the letter proposal from Mr. Matzner was dated
March 2001; that the timeline being offered by the Mayor is not recalled; that
there are many questions that are unanswered; that it is the result that is being
offered; that the proposed solution does not eliminate anyone; that it is a working
cooperative; that otherwise the Council is stating that it supports private for profit
businesses; that how things may have started is not the issue, but how things
that work as a collaborative effort for the good of the Community is.
-Councilmember Oden stated that the original letter from Mr. Matzner was dated
March 2001; that the letter refers to taking over the lease of the Tennis Center,
with no mention of subsidy.
Councilmember Mills questioned if there were different proposals submitted
during the same time period.
City Manager stated that a problem arose with the operator of the Tennis Center;
that in the middle of the Collas contract, a request was made to terminate the
contract; that the operation of a Tennis Center is highly specialized; that there
were unsolicited offers to operate the Tennis Center submitted by various ,
operators; that staff was requested' to investigate alternatives for the center,
which resulted in the path the Council in on at this time; and that Mr. Matzner has
submitted a differing proposal recently.
Councilmember Oden questioned how did staff perceive Council direction.
Council Minutes
02-06-02, Page 13
Director of Redevelopment stated that staff was involved from the aspect that the
Tribe was involved in the process; that relocation was needed for the Racquet
Club, that the history of the Tennis Center is that the operation requires City
assistance; and that it was the Council goal not to subsidize the operation.
Councilmember Oden stated that his recollection is that staff was directed to find
the best financially responsible position for the City.
Councilmember Reller-Spurgin questioned the monthly cost for maintenance of
landscaping for the Center.
Director of Redevelopment stated approximately$700.00
Councilmember Reller-Spurgin stated that the discussion on the issue can be
made all night; but that what is needed is for all parties to meet and confer on the
issue; that there is no deal being backed out of, and that in light of that, a
subcommittee should be formed, in which her services are offered.
Councilmember Oden concurred with Councilmember Reller-Spurgin.
Councilmember Mills stated that from the history of this issue it appears there is
an agreement; that it may be not a legal agreement, but in the field of endeavors,
it is as good as a handshake; that if the City is not willing to live up to its
handshake, what kind of reputation is being put forth; that it would be best for all
parties to get together, but in fact, that is the Haagstrom's call; and that if the City
could encourage the meeting, it may be beneficial.
Mayor questioned the goal of the subcommittee; that the matter has moved to
the 111" hour and is now being abandoned; that it is not clear how the City can do
business, then turn around and say it got a better deal; that the issue moved
forward by Council authority; that the Council directed staff to move forward and
they did; and that now the issue is being backpedaled and does send a bad
signal to the people doing business with the City.
Councilmember Oden stated that this is an opportunity to accomplish all issues,
except that it must be done by compromise; that on the one hand it may be
perceived that a deal was made, but that that Council has not formally approved
a lease; that until the Council takes formal action, there is no lease in place; that
it is unfortunate that one party feels that the City has made a deal; but that the
Members of the Council have a responsibility; that the Council should encourage
something be worked out; and that both parties have expressed a love of the
sport; that in October this issue was a part of Section 14 discussions; and that
now there are two parties that could be encouraged to work together for the
betterment of the Community.
Motion to approve the Minute Order as recommended was presented; after
which, it was moved by Kleindienst, seconded by Mills and was recorded as a
lost motion due to the following tie vote.
AYES: Member Mills and Mayor Kleindienst
NO: Members Oden and Reller-Spurgin
ABSENT: None
Council Minutes
02-06-02, Page 14
City Attorney stated that negotiations I could proceed with the Haagstroms with '
the assistance of Member Reller-Spurgin.
Mayor clarified that the lease as presented is not to Council satisfaction.
City Attorney questioned if the Council desired improved financial terms to the
lease.
Councilmember Oden questioned the proposed rental schedule.
Director of Redevelopment stated that rent is staggered to a reduction status in
off-season; that the Haggstroms would continue to operate the Center, but during
the heat of the summer, there would be no payment.
21. EASTER BOWL
Recommendation: That the Council waive court rental fees at the Palm Springs
Tennis Center for the 351k' Easter Bowl USTA Junior National Tennis Tournament
for$3,600; and approve City sponsorship of the event.
Mayor stated that the staff report did not include any recommendations or
comments of the Tourism Department.
Minute Order 7010 and 7011 as recommended were presented; after which, it
was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that
M07010 and 7011 be adopted.
22. MUNICIPAL PARKING TWO-HOUR LIMIT
Recommendation: That the Council re-establish the two hour parking limit in the
City's downtown Municipal Parking Lots for the hours of 8:00 a.m, to 7:00 p.m.
daily.
Councilmember Oden stated that the discussion regarding this matter was
recently held at Study Session; that it seems each time a good program is set up,
the Council ends up as the bad guys; that when the two hour limit was proposed,
-it was not known that the owner of the Desert Fashion Plaza would start
charging, and that in light of that fact, the limit should be extended to three hours.
Councilmember Reller-Spurgin concurred with Councilmember Oden and added
that the three-hour limit will encourage people to eat, stroll and shop.
Councilmember Mills stated that it is good that Main Street is on board with the
three-hour limit; that it does seem logical; that it will work as an interim until a
more permanent solution is obtained.
Councilmember Oden questioned when the three-hour would be implemented
and added that it would be best to see the full plan on how the City will
communicate and convey the changes to others.
Council Minutes
02-06-02, Page 15
Assistant City Manager-Operations stated that an implementation plan is set in
place; that the process will start should Council approve the recommendation;
that signage will be in the lots by February 201", and in March actual enforcement
of the limits will start.
Mayor questioned the hours of enforcement.
Assistant City Manager stated that all enforcement would stop at 7 p.m.
Mayor stated that it would be most important for the employees downtown to self-
police in leaving available parking for customers; that the Council is willing to
assist the downtown with the parking problem, but that it is important that
provisions be made for the customers.
Councilmember Oden stated that Ms. Silver was correct in that this is a band aid
for the problem; that until the City institutes a pay for parking plan, the problem
will continue; that other cities, such as Santa Barbara, do have pay for parking
plans and the result is the City can offer incentives for enhancements.
Mayor stated that the downtown is happening; there are always events taking
place that are bringing crowds of people in; and that the Council is merely trying
to find a policy to assist better parking in the downtown.
Councilmember Oden stated that the Community must be informed and
communicated with regarding the issue; that the message should be conveyed
effectively and efficiently.
Councilmember Reller-Spurgin suggested involving the City's Public Information
Officer for dissemination of information.
Mayor questioned if the Council desired to amend the recommendation to a 3-
hour parking limit.
Director of Downtown Development stated that Main Street unanimously
endorsed the 3-hour limit, as did the major employers of downtown.
City Manager stated that the parking "think tank" was formed to address the
•parking issues in the downtown; that as a result of the meetings, a downtown
parking structure is being planned; that the recommendation before the Council
is a reaction to the businesses stating there is no place to park.
Councilmember Mills stated that it is worth taking additional time to involve the
Public Information Officer to find ways to get the information out and that Flyers
issued with the warnings on violators vehicles could be reviewed.
Resolution 20272 as revised to three hour limit was presented; after which, it was
moved by Reller-Spurgin, seconded by Oden and unanimously carried that
R20272 be adopted.
Council Minutes
02-06-02, Page 16
23. RETIREMENT HEALTH INSURANCE— MEMBERS OF THE CITY COUNCIL '
Recommendation: That the Council approve to allow Members of the City
Council who serve minimum periods of time to be eligible to purchase group
health insurance through PERS Health Plans from the City. No fiscal impact to
the General Fund.
City Manager reviewed the staff report, no further report was given.
Resolution 20273 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20273 be
adopted.
24. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
25. Treasurer's Investment Report as of December 31, 2001 - Received &filed.
26. Board/Commission sub-committee assignments—see attached list.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further Iwsine Mayor declared them etng adjourned.
^ nip
ATRICIA A. SANDERS
City Clerk
CITY COUNCIL
' BOARD/COMMISSION
SUB-COMMITTEE ASSIGNMENTS
(Effective for 2002)
P.S. REGIONAL AIRPORT Ron Oden
ADMINISTRATIVE APPEALS BOARD (no openings) Jeanne Reller-Spurgin
HISTORIC SITE PRESERVATION BOARD Chris Mills
HUMAN RIGHTS COMMISSION Ron Oden
LIBRARY BOARD Jeanne Reller-Spurgin
PARKS & RECREATION COMMISSION Jeanne Reller-Spurgin
PERSONNEL BOARD Jeanne Reller-Spurgin
PLANNING COMMISSION Ron Oden
PUBLIC ARTS COMMISSION Chris Mills
' RENT REVIEW COMMISSION Chris Mills
VILLAGEFEST BOARD Jeanne Reller-Spurgin
Listed by Members:
Chris Mills: Historic Site Preservation, Public Arts, Rent Review
Ron Oden: Airport, Human Rights, Planning
4
Jeanne Reller-Spurgin: Adm. Appeals, Library, Parks & Recreation,
Personnel, Villagefest
(No assignments needed for Board of Appeals or Administrative Appeals Board)
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