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HomeMy WebLinkAbout2002 - MINUTES - 2/20/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 20, 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 20, 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 LaVita Dillman — Chapel on the Way REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 15, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Proclamation for Ed Gallager. 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: Lynne Bushore, Library Board President, stated that there are concerns with safety at the Library; that part-time security is paid out of the Library Trust Funds; that there have been many incidents in and around the library; that should the Council approve the recommended Item 16, it is requested that one camera be mounted to focus on the library. Suzanne Sutton, Member of Library Board, concurred with Ms. Bushore, and added that the best location would be to mount the camera on the stadium to assist in protecting the patrons of the library. Dolliah the Black Dahlia, donated a television for use in the Large Conference Room and suggested that the cameras for Item 16 be reviewed for a less expensive price. Terry Weiner, downtown merchant, stated that Item 16 should be approved; that three years ago, his business suffered an attack that has affected all those who were involved even to the present day; that the cameras may have been a deterrent; that it is not an intrusion on privacy, but a health and safety issue. Council Minutes 02-20-02, Page 2 Robert Van Etten, 1379 Barrymore Place, stated that he did appear two weeks ago before the Council with a request for response; that no response has been received; that assistance is needed from the City to address the building violations of Bergheer and that the homeowners are in need of the City's help. Thomas Van Etten, 1379 Barrymore Place, stated that the recent Desert Sun editorial addressed ethical and moral issues of the Council; that elected officials represent all the people, not a chosen few; that there is concern of singling out the gay community; that there may be civil rights litigation; and added that the City is the people, and that the time in elected office will come to an end. Rick Combs, 1245 Colony Way, stated that there are too many problems to go into detail on what Bergheer has not addressed; that the builder has not performed; that the common areas have liens filed; that faithful buyers are being chased away and that the homeowners need to know what the City has planned and how the problems will be addressed. Howard Field, stated that it is frustrating that no answer is made to the homeowners of the Colony of El Mirador; that all the homeowners hear from the Council is silence; that there have been questions asked; that there is even another project by the developer being proposed to the City; that liens have been levied on the properties by contractors that have not been paid by Bergheer; and that the Council is requested to do something to help the homeowners. ' Gary Joyce, no address given, Item 17, stated that there was not prior notice given to him regarding the meeting; that the Department of Planning used incorrect plot plans that require certain unfair improvements; that the colors being used may be somewhat unusual, but are in conformance with the rest of the City; that landscaping issues have been addressed; that there are many changes being unduly requested; that the paving and parking conditions are the same as when CalTrans owned the property; and that the condition regarding water has already been addressed by Desert Water Agency. David Wench, Palm Springs, stated that the cameras are an excellent idea; that all need to feel secure in the City; that the Police Department does need tools to do their job; that the downtown parking report is inadequate; that the report did not address the Wessman issue; that the issue regarding the Tennis Center is of concern; that when one deals with the City and is led to believe that a deal is made and is not, it is of concern; and that all facets of the Tennis Center should be addressed including financial issues. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Mills, and unanimously carried, Mills abstaining on Item 2, that Items 1 thru 8 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Mills stated conflict of interest due to business relations on Item 2. Councilmember Oden questioned the status of completion on Item 4; and added that flashing signals for crosswalks at Miraleste would be good for the school; and that the area at Avenida Caballeros for Junior High School crossing also should be looked at. Council Minutes 02-20-02, Page 3 Councilmember Mills questioned which side of the street would have the beacons. City Engineer stated both sides of Racquet Club at the cross walk. , Councilmember Mills stated that the property owner should be informed as to the incoming crosswalk signals. Councilmember Oden clarified that the signal would be located adjacent to the street light pole. Councilmember Mills requested a breakdown of the $200,000 for Item 1. City Manager stated that Palm Springs was the first City in the Valley to approve keeping the airlines here; that the action is based on the City taking a lead in a significant step. Assistant City Manager stated that the funding is broken down by Palm Springs and Palm Desert each contributing $50,000; that Indian Wells is at $25,000, and Rancho Mirage and La Quinta at $20,000, all other Cities, including the County contribute $5,000; and that if anyone fails to contribute, the CVA balances the remainder. 1. MO 7012 approving payment of $50,000 as the City's fair share of American Airlines Summer 2002 Air Service guarantee. 2. MO 7013 approving Amendment 1 to A4235 with John R. Trueblood for ' architectural services related to the expansion of the airport fire station for $10,000. Total contract $76,000. 3. MO 7014 approving the purchase from Canon Business Solutions-West, Inc for one high-speed digital copier for $49,097.37 and one digital color copier for $40,581.88 via the State of California Multiple Award Schedule (CMAS) for a total cost of$89,67925. 4. MO 7015 approving Change Order 3 to A4375 with Commercial Diversified Inc., for repair of the Palm Canyon Theater located at 538 North Palm Canyon Drive for$2,087.08_ Total contract $289,577.47. CP00-20. 5. MO 7016 approving contract with Sierra Pacific Electrical Contracting for the Racquet Club Road pedestrian beacons for$31,200. CP00-24. A4449. 6. Res 20274 ratifying Council approval of February 6, 2002 of Case 3.2103 for the development of a 206 unit apartment project, known as the Gloriette Apartments, located at the northeast corner of Hermosa Drive and Amado Road, with conditions. 7. MO 7017 approving a lease agreement with A & J Palmas Limited Partnership for a police office to be located at 559 S. Palm Canyon at no cost to the City and for a term of one year. A4450. ' Council Minutes 02-20-02, Page 4 8. Res 20275 and 20276 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 972980 Spurgin Spouse 973139 Mills 972850 C. Kell-Smith Business Related 972992 Tenet EXTENDED CONSENT AGENDA: PUBLIC HEARINGS: 9. MESA DRIVE AND CAMINO CARMELITA RIGHT-OF-WAY VACATION Recommendation: That the Council approve vacating a portion of the right-of- way dedicated for the public streets named Mesa Drive and Camino Carmelita, Section 27, T4S, R4E. File R 01-019. Director of Public Works/City Engineer reviewed the staff report; and in answer to question by the Mayor stated that the only vacation is excess street. Mayor declared the hearing open; there being no appearances, the hearing was ' closed. Resolution 20277 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that R20277 be adopted. 10. SAN JOAQUIN DRIVE RIGHT OF WAY VACATION Recommendation: That the Council approve vacating a portion of the right-of- way dedicated for the public street named San Joaquin Drive, Section 18, T4S, R5E. File R 01-035. Director of Public Works/City Engineer reviewed the staff report. Councilmember Mills questioned with the vacation of the 15 feet was the intent to separate the property from the street by way of a wall. City Engineer stated that the wall is on the new property line. Councilmember Mills questioned if the wall was on the property line, where would the curb line be located. City Engineer stated that the curb line is located 18 feet from the center of the ' street and that the property line is located 25 feet from the center of the street. Council Minutes 02-20-02, Page 5 Councilmember Mills questioned if the remaining area would be landscaped; that ' it is recalled that the Planning Commission did remove the sidewalk; that there will be about 7 feet left that will need to be maintained; that there is a benefit to the property owner to gain 15 more feet of developable area; that the City does need to be sure that there is adequate room between the wall and the curb for landscaping and that the City does not want to create a problem for the single family residence on the east side of the street. City Engineer stated that the City could do a conditional vacation to include the landscaping. Mayor stated that it might be that the Planning Commission should review the landscaping plans. Director of Planning & Building stated that the landscaping plans could be reviewed. Mayor declared the hearing open; there being no appearances, the hearing was closed. Mayor questioned the zoning of the property. Director of Planning & Building stated that the Palm Springs side is a subdivision map with industrial subdivisions; and that the landscape buffer is required 20 feet ' from the property line. Mayor stated that the concern is that the adjacent residence front yard does not face a six-foot wall with no relief. Resolution 20278, to include addressing landscaping needs, as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried„that 20278 be adopted. 11. 2002 SERIES A, B AND C MOBILE HOME PARK REVENUE BONDS (Sahara) Recommendation: That the Council authorize the issuance of not to exceed $12,750,000 aggregate principal amount of City of Palm Springs Mobile Home Park Revenue Bonds (Sahara) 2002 Series A, B and C; and authorize execution of necessary documents_ A-----. City Manager requested the Hearing be open and the matter be continued to March 20, 2002. Director of Redevelopment reviewed the staff report and added that the reasons for the requested continuance is to continue the development of performance to ensure repairs do get done an schedule; that the financial terms of the deal are being reviewed to assist in the repair fund; and that the slight delay will result in a ' better project overall. Council Minutes 02-20-02, Page 6 City Attorney stated that there has been much discussion over the agreement in the past few weeks; that it is important for a specific list of improvements for the rehabilitation funds be developed; that the City has made it clear that a special improvement program with specific schedules must be given to the City; and that time lines for phases of improvements, with enforcement provisions are being developed. Mayor questioned the definition of conduit issuer. Director of Redevelopment stated that the City is the issuer of bonds versa nonprofit; that when the bonds are issued, a pool of money is created and the funds are loaned to the developer for use in the repairs. Mayor questioned if the City has done a like action. City Attorney stated that the City has participated in several conduit issues in the past; that as a matter of fact, the City is involved in an IRS audit for one of the issues at this time; that the City does not want to have the same problems with this issue as it did the previous one; that the problem was the entity took the money for the project and used the funds for an entirely different project that had a private purpose rather than public purpose; and that now the City does want to control.the funds so that there is no question on use. ' Mayor questioned if the last issuance was for new housing, and if the City ever participated with existing housing or mobile home issuance in the past. Director of Finance & Treasurer stated the last issuance was for a new Assisted Living Center; and that there has been no participation in the past for existing or mobile home conduit issuance. Mayor declared the hearing open. James Roundtree, 236 Safari, President of the mobile home park association; stated that the park residents do endorse the project; that meetings have been held with the developer; that the developer has been responsive to questions and requested approval of the matter. George Turk, President of Millennium Housing, expressed appreciation for the support of the residents; and added that the City's additional terms are agreeable; that the owner of the park is ok with the time table; that it is an exciting project to renovate an old park; that the existing infrastructure is ready for replacement; that the goal is to maintain the senior status of the park and remake the park with new electricity, a new wall around the park and other amenities; that the bond funds will be deposited with and issued by a Bond Trustee; and that it is a good path for all involved. ' There being no further appearances, Mayor continued the hearing to March 20, 2002. Council Minutes 02-20-02, Page-7 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 Reller-Spurgin stated that an Ad Hoc Committee is being created to address non-compliance of PM10 issues in Palm Springs and the Valley. Councilmember Oden questioned if staff is addressing the issues at the Colony El Mirador. City Manager stated that those issues that are within the legal bounds of the City are being reviewed. Director of Planning & Building stated that the City is aware of the problems; that the problems will be addressed; that some of the property owners have initiated litigation; that the City will continue to do inspections of the properties; that there is another project being proposed by the developer; that it is using different material than the Colony El Mirador; that this particular project has been difficult; that there are control problems; that access is an issue and that the Building Department will continue to address the project and each house requiring assistance. , Mayor requested that the matter be continued for discussion on a future agenda. City Manager stated a full written report would be given to the Council in this week's packet. Mayor stated that some of his comments have been taken out of context; that it should be clear that persgnally he is against drug use; that in fact, events that promote drug use in City facilities should not be allowed; that there are many events in the City; that any event can have problems, but that the City can not and should not allow events to be held in the City that are known to promote drug use and overdose. LEGISLATIVE ACTION: 12. TRAMVIEW ROAD— STREET AND SEWER IMPROVEMENT PROJECT Recommendation: That the Council adopt the plans, specification and working details of the street and sewer improvement project for Tramview Road and authorize advertisement for construction bids for same; and give direction to staff regarding future dissemination of information regarding compliance with Section 7.03.040 of the Palm Springs Municipal Code. CP01-19. Director of Public Works/City Engineer reviewed the staff report and requested ' Council direction regarding the dissemination of information for future project plans and specification materials. Council Minutes 02-20-02, Page 8 Councilmember Oden stated that this is a new process the Council has approved ' and should continue to get the information requesting approval. Minute Order 7018 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that M07018 be adopted. 13, RESOLUTION OF CONVENIENCE & NECESSITY—SAV-ON DRUGSTORE Recommendation: That the Council approve a Resolution of Convenience and Necessity at Sav-On Drugstore located at the northwest corner of Sunrise Way and Ramon Road, applicant: Albertsons, Inc. C-1 zone, Section 14. Director of Planning & Building reviewed the staff report and clarified that this would be a Type 21 license. Resolution 20279 as recommended was presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote that R20279 be adopted. AYES: Members Oden, Mills and Mayor Kleindienst NO: Member Reller-Spurgin ABSENT: None. ' 14. 2001-02 BUDGET AMENDMENTS Recommendation: That the Council concur with actions taken by the Community Redevelopment Agency (CRA A). Director of Finance & Treasurer stated that this action is a companion with previous Agency action taken. Resolution 20280, 20281 20282 (3) as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, Mills abstaining, that R20280—20282 be adopted_ 15. ALLOCATED POSITIONS AND COMPENSATION PLAN AMENDMENT Recommendation: That the Council approve Amendment 4 to the Allocation Positions and Compensation Plan for Fiscal Year 2001-02 to provide organizational changes to Economic Development, Redevelopment and the City Manager's Department. City Manager reviewed the staff report and added that approval will assist in an efficient operation; that the goal is to have the Economic and Community Development group respond to a whole range of issues; that prior to this action the departments were separate; that now the departments would be combined ' and under one umbrella; that some positions do need modification; that the end result is a savings; that even with the saving a new position is created to assist in Redevelopment; that it was felt that the Assistant City Manager position vacant, could be left so, but with the exit strategy of Mr. Smoot, it will be needed; that the position will assist in keeping issues moving; that the total savings will be $106,000; and that the final result is more efficiency for the City. Council Minutes 02-20-02, Page 9 Councilmember Oden questioned where the current position of Assistant City ' Manager-Operations is addressed on the report. City Manager stated that the position will be renamed Executive Director — Airports; that the funding will come from other positions vacated in airport funds. Councilmember Oden stated that the position is actually a wash when it comes to dollars. Mayor stated that it seems that the request is to bring an Assistant City Manager position in at a lower rate. City Manager concurred and added that it is desired to fill the position before Mr_ Smoot leaves the City. Councilmember Oden questioned the timeline for filling the Assistant City Manager position. City Manager stated the estimate would be between 2—3 months. Mayor stated that there is no problem with the majority of the recommendation; that it is good to have one door for redevelopment and economic development issues; that there is a concern whether the City Manager's department is adequately staffed, and questioned if the City Manager felt confident with the ' proposal. City Manager stated that the concern is appreciated, but that at this time it does seem the new position will fill the need; and that if the view changes, the matter will be brought back to the Council for discussion. Resolution 20283 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded, by Oden and unanimously carried, that 20283 be adopted. 16, SECURITY CAMERAS Recommendation: That the Council approve the installation of a turnkey wireless video-control system of fifteen (15) closed circuit television cameras in City-designated locations with Metrovideo Systems for $227,933,85 and approve an additional $150,897 for five (5) years of post-warranty maintenance and support. Total contract $378,830.85. A4451. City Manager stated that the objection of the cameras is not to spy but to raise the comfort level in downtown so that all feel safe. Police Chief reviewed the staff report and previewed selected videos showing crimes in action that were recorded. ' Councilmember Reller-Spurgin stated that the recent crime at the Spa Casino was recorded on video and resulted in apprehension and conviction of the suspect. Council Minutes 02-20-02, Page 10 Mayor stated that in addition the suspect had stockpiled additional explosives ' that were confiscated in his home. Police Chief stated that the suspect did confess to the crimes. Mayor questioned if the airport had security cameras. Executive Director -- Airport stated that the cameras have been in place for 11 years, and are used extensively. Mayor questioned the location of the camera at the library site. Police Chief stated that the intent is to be able to observe the stadium, senior center and the library. City Attorney stated that the last time this issue was before the Council there were additional matters that did need to be addressed; that the issues such as liability and first amendment rights have been addressed; that it has been concluded that the issues can be dealt with through policy; that the policy is attached to the staff report; that it has been determined there is no invasion of privacy; and that use of cameras is prohibited in areas where expectation of privacy exists. ' Police Chief stated that there is concern that the cameras are installed properly; that it is important that the Community feels secure and safe; that some of the recommended locations have changed from the first proposal due to the September 11, 2001 terrorists attacks; that the backbone of the system does allow for some expansion; that one area for expansion may be on North Indian Avenue; and that the system can go to 20 channels; that channels can be reused; that two cameras can be on each channel. Vendor representative stated that the system can be expanded and has been designed with expansion in mind; that the life of the cameras is approximately six years; that the cameras are placed in an environmental enclosure to function in the extreme weather conditions of the City. Councilmember Oden questioned the amount allotted for maintenance and where the funding comes from. Police Chief stated that the scheduled maintenance is $150,000 for the next five years and that the funds will be allocated from Asset Forfeiture funds. Councilmember Oden stated that with the 9-11 event it is somewhat difficult to address this issue; that while some think it is a good thing, there are others that are worried about freedom and the violation of civil rights; that there are places where cameras are needed; that there are a lot of challenges with this program; ' that there are lawsuits on this subject; that the program could result in costing the City a great deal of money; that it does sound good to say people will experience an enhanced sense of safety, but there is also a false sense of security that could be given, and questioned if the cameras are constantly monitored. Council Minutes 02-20-02, Page 11 Police Chief stated that the cameras would not be monitored 24/7. Councilmember Oden stated that the staff report indicates there has not been a , significant increase in crime in conjunction with the feeding of the homeless in the park, but yet that is one of the recommended sites; that where the cameras are placed can create paranoia in the Community; that the program is not yet in place and already expansion is being talked about; that Palm Springs is experiencing a decrease in crime this year; that in the United Kingdom, the cameras resulted in a decrease of officers and that the City would not want to go down that track. Councilmember Reller-Spurgin stated that the City Attorney opinion was needed; that the cameras are the right thing to do for the Community; and that if the Council can assist the police officers in their jobs or to keep someone safer, it is their duty and obligation to do so. Minute Order 7019 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and carried by the following vote that MO7019 be adopted. AYES: Councilmembers Mills, Reller-Spurgin and Mayor Kleindienst NO: Councilmember Oden ABSENT: None. ADDITIONAL LEGISLATIVE ITEMS: 17. Cs. #20.156: REQUEST BY RIVERSIDE COUNTY TRANSPORTATION AND LAND MANAGEMENT FOR CITY COMMENTS ON IMPROVEMENTS TO PROPERTY LOCATED AT 59-871 HIGHWAY 111, ZONE CPS, SECTION 24. THIS PROPERTY IS LOCATED IN THE CITY OF PALM SPRINGS SPHERE OF INFLUENCE. , Director of Planning and Building reviewed the staff report, and added that Planning Commission did review the project. Councilmember Oden stated that there is no problem with the matter, but that it does add to the territory that the City does cover in services. Mayor questioned the intent of Conditions 8 and 9. Director of Planning & Building stated that the City could require the landscaping plans to be reviewed by planning staff; that the plan submitted is fairly nominal and could be upgraded. Mayor stated that the conditions should be clear that debris needs to be addressed; and added that condition 13 refers to overnight parking not permitted ' or the storage of vehicles and questioned if there is a problem. Director of Planning & Building stated that the primary concern is RV parking overnight and that the condition will be clarified. Council Minutes 02-20-02. Page 12 Mayor stated that one condition requires sewer hook up, but that the site is not ' actually in the City. Director of Planning & Building stated that the condition is merely advising the County that if a system does become available the building should be connected to the system. Mayor questioned if condition 12 requires the existing utility lines be under ground. Director of Planning & Building stated the condition would be deferred to the City Engineer or the condition could be deleted. Mayor questioned if the building is equipped to be monitored by the Police and Fire Departments. Director of Planning & Building stated that the issue was not raised at Development Committee. Councilmember Mills stated that many of the conditions are bailer plate; that personal observation of the site indicates that alot of the conditions would not apply; that while personally there is no problem with the basics, site specific conditions 1 — 15; the other conditions should be reviewed as to necessity; that this is merely a sphere of influence situation; and that it is sending a wrong ' message to include the boiler plate conditions. Mayor stated staff should modify the boilerplate conditions to site specific. Resolution 20284 as revised, to modify with removal of boiler plate conditions to conform to site specific was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R20284 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Oden requested status on the Neighborhood Revitalization Program and possible renewal. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT: ' There being no further busin ayor declared them ting adjcurned. PATRICIA A. SANDERS City Clerk