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HomeMy WebLinkAbout2002 - MINUTES - 3/6/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 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, March 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 Tom Reitveld — P,S. Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 1, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: Swear-in Police Officer Bryan Barnes U.S. Air Force Active Military Personnel ' HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Andrew Linehan, Esq., representing two homeowners, one located in the Deepwell area and one in the Colony El Mirador with issues concerning the Planning & Building Department; stated that the home located in the Deepwell area is currently being cited for work with no permits; that permits were obtained, but it seems that the Building Department is targeting the home for code violations; that the situation has evolved to a request by the City for estimated repairs of $40,000; and that Notice of Violations have been posted on the property. Thomas Van Etten, 1379 Barrymore Place, read a prepared letter and added that it does seem that the contractor is currently unlicensed; that the developer does not pay its bills; that there are mechanical liens filed against the homeowners; that it will be difficult to resell or refinance the properties with the liens recorded on the properties; that there were many code violations and that the developer is continuing to work on projects in the City. Robert Van Etten, 1379 Barrymore Place, stated that the home was purchased in June 2000; that 21 months later there are still major building code violations which have not been corrected; that the occupancy permit was issued over 11 months ago, even though ' the violations are still pending; and that it seems that Mr. Bergheer mislead homeowners in the past and will continue to do so. 1 � Council Minutes 03-06-02, Page 2 Andrew Dios, 637 Calle Rolph, stated that his part-time job at the Saloon is in jeopardy; that the Saloon has a good reputation; that it is a shame, that the City desires to condemn the building; that there are other properties available across the street that could be used for a parking structure; and that it will not be easy at his current age to find employment. City Attorney stated that a Public Hearing is scheduled for this item and that speakers may wish to wait to enter their comment into the record. Gina Logan, Desert Hot Springs, stated that when the 9-11 event happened, the Saloon patrons pulled together and raised in the Community $16,000 for the cause; that many fundraisers have been held by the Saloon that have benefited the homeless and other worthy groups; that the Saloon is known as a "Biker Bar'; that it does service a purpose and requested Council reconsideration of condemnation of the property. Ruth Frazie, Deepwell, stated that the City has placed a lien on her home due to previous owners work that was done before her purchase of the property; that the move here was due to health reasons; that the City's action has caused a stressful environment; that the situation being experienced is not singular; that others in the Community have experienced similar situations, but do not stand up for themselves; that upon coming home one day, there were City Officials inspecting the roof without permissions or prior knowledge of the owner and that does leave the owner open to liability. ' Jerry Goodman, Bergheer Inc. project manager, stated that the contractor is licensed for the Colony El Mirador project; that the issues are being resolved and that the problems are being addressed. Wendy Busig-Kohn, stated that outgoing mail from one's home is being stolen; that this is a Community problem; that the last day to register to vote is March 25, and that she is available should anyone need assistance with registering. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that Items 1 thru 8 be adopted. Review by City Manager of Consent Items to be clarified. Assistant City Manager stated that a meeting was held with the subcommittee regarding whether the Council should continue to receive full sets of construction documents in compliance with the Procurement Ordinance; that the cost is high for reproduction of the documents and that one set could be maintained at City Hall for Council inspection, if desired. Councilmember Oden stated that while it may save some money if the documents are not produced, the Procurement Ordinance is clear in conformity; that it may be that a Member of the Council does not have time to access City Hall; that this was reviewed at the last meeting and that it unanimously approved that all members would receive the full plans for the time being. Councilmember Reller-Spurgin stated the documentation is more than what is needed. Council Minutes 03-06-02, Page 3 Councilmember Mills stated that the documents have more details than he personally ' needs; that it was discussed that instead of the full detail, the Members receive a cover sheet and a reduced version of the general feel of the construction documents. Mayor concurred with Councilmember Mills, and added that a set should be maintained and available in the Office of the City Clerk for Council perusal, Council consensus: Members Mills, Reller-Spurgin and Mayor Kleindienst to review full set of documentation of plans and specifications in the Office of the City Clerk, and Member Oden to continue to receive full documentation of plans and specifications. 1. MO 7020 approving purchase agreement and relocation benefits for property located at 4888 E. Calle De Carlos for $102,281, plus closing costs; and authorize the Executive Director — Airports to execute all necessary documents for acquisition. A4454. 2. MO 7021 rescinding Amendment #1 to A4229 with Mosier, Inc for airport access control maintenance for fiscal year 2001-02 for$75,962. 3. MO 7022 approving and adopting the plans, specifications, and working details and authorize advertisement for construction bids for bridge repairs on Ramon Road, CP97-20. ' 4. MO 7023 terminating A4221 with Rancho California Consultants for Indian Canyon Drive traffic signal interconnect, CP95-08. 5. MO 7024 approving agreement with State of California Department of Corrections for use of the firearms range facility to conduct firearms training for parole agents; and authorize the Police Chief to execute necessary documentation. A4455. 6. MO 7025 approving settlement agreement (copy on file in Office of the City Clerk) with Insurance Company of the State of Pennsylvania related to claims filed by Sandra Lee Denham and Rita R. A4456. 7. MO 7026 authorizing the purchase from Sierra Cooperative Services, Inc., or Occidental Energy Marketing, Inc., for natural gas commodities to service the two cogeneration plants for a price of not to exceed $3.50 per decatherm for a term of 12 months. 8. Res 20287 and 20288 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 973444 Spurgin Spouse Mills 973456 Tenet Business Related EXTENDED CONSENT AGENDA: Council Minutes 03-06-02, Page 4 ' PUBLIC HEARINGS: 9. Case 5.0804 - PD254-TTM 29077—TAHQUITZ VENTURE, LLC Recommendation: That the Council consider and adopt a mitigated negative declaration for approval of Case 5.0804, PD254, and TTM29077 for a gated 50- unit multi-family cluster residential community located southwest of the intersection of Tahquitz Canyon Way and Museum Drive, R-2 and R-3 zones, Section 14. Applicant: Tahquitz Venture, LLC. (Formerly Bergheer, California) City Manager withdrew the item. City Attorney stated that the matter will be renoticed at the Planning Commission level; that there was some question as to participation of a member to call a quorum who had a conflict of interest with the matter; that contact was made and a determination rendered by the Fair Political Practice Commission that since there was a non-conflicted member who was absent, the matter could have been continued to allow the member the opportunity to be present; that legally there was no wrong doing, but that the decision has been made to renotice and rehear the matter before the Planning Commission. 10. 296 SOUTH PALM CANYON & 255 SOUTH INDIAN CANYON — ' CONDEMNATION AND LAND ACQUISITION Recommendation: That the Council find and declare the public interest and necessity for acquiring and authorizing the condemnation of properties located at 296 South Palm Canyon Drive and 255 South Indian Canyon Drive for the purpose of constructing a multi-story parking structure. Redevelopment Director reviewed the staff report and added that three acquisition agreements were received by the City this date; that the recommended action will cover the remaining parcels needed; and that the easement that is required should be finalized in the upcoming week. City Attorney reviewed the finding set forth in the resolution and added that offers for the properties in question have been made; that the appraiser has determined the just and fair payment for the use; that it is within the Council's purview to determine the price; that staff remains willing to talk to the property owners rather than go all the way through the condemnation process; that there is a good possibility that the bank property may reach settlement; that the saloon property does have multi issues; that there is an owner and tenant involved; that the City may not be in the position to bridge the gap between the two; that the recommended action does take 90 days; that there is not a lot of time left if the least amount of disruption for the downtown businesses is desired; and that the action does require a 4/5's vote, but in this case with one vacancy on the Council, a unanimous vote would be needed. Mayor declared the hearing open. Council Minutes 03-06-02, Page 5 John Davis, professional musician, stated that there are a lot of unique tourists ' that frequent the saloon; that people do not understand why the Council wants to close the business down; that it is a fun place to go with a lot of value to people; and that the Council should allow the business to stay. Kami Peters, saloon bartender, urged the Council to not take her livelihood away; and requested the Council consider relocating the business. Todd Barvinek, stated the tenant was told that the saloon would be included within the design of the parking structure; that there were offers made in March for relocation; that the saloon is a landmark; that the business is over 50 years old; that there needs to be proper time given to allow a move; and requested the process be slowed down. Brenda Willhide, Saloon manager, stated that the owner of the business has invested his life savings in the business; that the owner was led to believe by the City that the business would be incorporated into the new parking structure; that the business is a landmark in the City; that many go there to relax and be themselves; that the appraisal report offered a higher amount than the City is offering to the tenant; and requested reconsideration of the condemnation. Tom Adamo, 255 S. Indian Canyon, stated that he is the property owner; that all that is requested is an even playing field; that the original purchase price of the properties was $222,500; that the City's offer is $141,900; that the offer does not , even cover the remaining debt on the mortgage; that there is a total owed of $247,000; that the use of eminent domain is not business friendly; that it is only used to take advantage of a property owner; and that the Council is requested to speak with actions and not just words. Bert Lowstan, stated that although the City will gain a parking structure through the eminent domain process, it would lose a landmark tourist business; that the business is unique and has been in the City for the past 50 years. Sandra Jones, stated that Saloon patrons go to the Saloon in good times and bad; that it is a safe place to go; that there must be another alternative or other possibilities that the Council could take without destroying the business. David Justin Lynch, stated that the Council should compromise; that the six findings that the Council is required to make are valid; that there is no doubt that the downtown needs the parking; but that the legal interest of the businesses needs to be addressed; that the tenant of the bar should be given just compensation and relocation assistance; and that the landowner should be paid at least what he owes on the property. Richard Freeze, stated that the Saloon is the most famous place in the City; that the Council should think about where the growth is actually going; that north Palm Springs is growing; that a larger structure could be located there; that the ' Village Pub and Las Casulas are the biggest winners in the deal; that there is area behind those businesses that could be used for the structure and that there are other vacant lots that could likewise be used. There being no further appearances, the hearing was closed. Council Minutes 03-06-02, Page 6 ' City Attorney questioned if there was any potential of locating the Saloon within the parking structure. Downtown Development Director stated that when the project first started, the Fisherman's Market was to be included in the design; that the Saloon was in the middle of the structure and could not be worked around; that both the property owner and the tenant of the Saloon have consistently been told that the business would not be incorporated into the structure; that although every effort was made by the design group, it simply can not fit; and at this point, it would be too expensive to try once again to reconfigure the space. City Attorney questioned the appropriateness of the parking structure location. Downtown Development Director stated that a Parking Think Tank was formed and the goal was to find any appropriate area to increase parking downtown; that the Arenas Road and Henry Frank Arcade projects were solutions of the "Think Tank"; that the entire downtown area was reviewed; that with each empty lot a problem regarding use of the property came up; that it has been determined that 2/3's of the parking shortage is coming from need south of Tahquitz; that this is absolutely the best site and the right project for consideration. City Attorney questioned how long the property owners have known of this site selection. Director of Downtown Development stated that the process"has been ongoing since last summer and that meetings have been held with all property owners. City Attorney stated that in order to make sure the project stays on the summer schedule, there is very little lead time to use discretionarily; that the condemnation process will be 90 days; that during that time the City will endeavor to reach a settlement with the concerned parties for the Saloon property; that dialogue will continue; that staff will continue to search relocation sites; and that this recommendation is a fail safe approach if the Council continues to desire a June start date. Councilmember Oden questioned if the property owners correct address was used for notification. Director of Downtown development stated that the correct address was used and that, in fact, the notices were hand delivered personally. Councilmember Mills questioned how the final price was determined. City Attorney stated that the City is required by law to determine "fair market value"; that comparable values of other properties, comparison sales, analyzing ' income to reflect deprecation are all factors that appraisers use to determine the correct value; that the appraiser considers the factors and determines the fair and just compensation; that fixtures are added in; that relocation benefits are determined; that the total compensation came to $314,000; that the leasehold enters into the process and that is what the tenant is entitled to; that the property owners feel they should get the most value; that the tenant and property owners Council Minutes 03-06-02, Page 7 need to come to agreement; that it is difficult to recommend a settlement ' between the two parties, but that as the process moves forward, the City will try to work out a settlement to avoid legal costs in the condemnation process. Mayor stated that the driving force behind the issue is parking; that many have been working for sometime to find a solution; that it is pressing to find a location with a certain size; that some of the property owners have come to agreement with settlements; that others can not come to resolution; that in order for the parking structure to be built, the process must start now; that the intent is to make the best use of the land downtown for the greatest public good; that the property is necessary to move forward; that offers have been made; that the offers are fair market value, determined by a third party appraiser; and that the need to proceed in a prudent fashion to start the action is now; that this has been a lengthy process, that trying to find the best solution has been the goal; that the City rarely uses its power of eminent domain; and that Use at this time is a result of the due diligence that has been done. Councilmember Oden stated that much time has been spent researching the overall parking needs; that the Citizens in the last election have said this is what they want; that the action is not capricious towards any one person; and that the City will continue to work on relocation of the business and its employees. City Attorney stated that the City would endeavor to relocate the business, but that it is up to the business to renew contracts with its employees. , Councilmember Oden stated that this is the right thing to do at this time; that the City does not condemn often, but that that reasonable methods need to be sought. Resolution 20289 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20289 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 11. VALLEY WIDE GANG TASK FORCE Recommendation: That the Council approve the acceptance of a grant award from Office of Criminal Justice Planning to provide funding for the Valley wide gang task force for $181,206. A4457. Police Chief reviewed the staff report. Councilmember Oden stated that the issue is valley wide and that the joint effort is appreciated. ' Mayor questioned if the reimbursement from the State is ongoing. Police Chief stated that the funds are not ongoing, but that the grant does cover what has been expended thus far and the projected budget. Council Minutes 03-06-02, Page 8 ' Mayor questioned if only this City pays the 10% grant match. Police Chief stated that the State would assess that match to this City since we are the grant receiptiants. Minute Order 7027 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that M07027 be adopted. 12. MUNICIPAL COGENERATION CHILLER REPAIR Recommendation: That the Council ratifies City Manager's approval of a purchase order for emergency repairs for replacement of generator parts for the Municipal Cogeneration Chiller for$43,055. Executive Director — Airports reviewed the staff report, no further report was given. Minute Order 7028 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that M07028 be adopted. 13. PALM SPRINGS YOUTH CENTER ' 2001-02 BUDGET AMENDMENT Recommendation: That the Council provide emergency funding for the Palm Springs Youth Center operation expenses for $20,000. (Materials to be provided.) City Manager stated that this date a meeting had been held with the representatives of the Youth Center; that the Council did request budget information; that the information is not yet provided, but will be next week; and that identification has been made for a source for funding. Mayor stated that the original request was for $50,000; that the budgets of the Center were requested to be reviewed by the Council; that the Director of the 'Youth Center has stated that a minimum of $20,000 would keep the Center operational and that the City Manager was requested to determine how an annual funding from the City to the Youth Center could be allocated. City Manager stated that the budget is going through the review cycle at this time and that the future allocation would be forthcoming during the next week. Councilmember Reller-Spurgin stated that during her tenure on the Council, the Youth Center has come forward three times requesting financial help; that some on the Council have stated that the City does not do enough for the youth in the ' Community; that our budget picture needs to be addressed; that the $20,000 is merely a band-aid; that the Youth Center has an ongoing problem; that it is an internal problem; that conversations between some of the Youth Center Board members and herself have been held; that it is a mutual understanding that there are problems; that the Police Chief and City Manager did receive direction to determine if PAL could be incorporated into the building; that a solution is Council Minutes 03-06-02, Page 9 needed; that the $20,000 could be given, but that it should be with the ' understanding that all parties discuss the situation and find a cure for the problem. Mayor concurred that the solution is not with the $20,000 allocation, but that the partnering to help find the cure is needed. Councilmember Mills stated that during the past election his thoughts were made clear on permanent funding for this facility and that of the Mizell Senior Center and Boys and Girls Club; that it is important that the Youth Center know when working an the budget that the City'will help with permanent funding; that it is clear that the Board does need to provide to the City the programs and how much funding is needed, and that will allow the City to determine how much help is needed to reach the goal of serving the youth; that the interim band-aid is favorable, but that work needs to be done to determine the solution. Motion to approve the Minute Order as recommended was presented; after which, it was moved by Mills and died due to a lack of second. Mr. Tom Brooks, Board of Director of Palm Springs Youth Center, stated that the Executive Director is in Los Angeles and that upon his return, the documents concerning the past budgets will be obtained and furnished to the Council early next week. I 'Councilmember Oden stated that over the years he has been affiliated with the Board; that in terms of organization, a stellar job has been done; that the Center has come a long way; that restructuring of financial planning has been performed; that the request of Councilmember Reller-Spurgin last week for the budgets should be allowed to be fulfilled before determination of the allocation. Mayor questioned how long is needed to produce the documents and how late is the timeline to call for an'adjourned meeting. Mr. Brooks stated that there are four weeks of funding left in the Center's budget and that the budgets will be provided to the Council early next week. Mayor questioned if the item was approved at an adjourned meeting, when the check would be given to the Youth Center, City Manager stated the check would be cut the day after approval of the Council. Councilmember Reller-Spurgin stated that the item should be considered singly at an adjourned meeting next week. City Manager stated that with that item, the Council would be asked to consider funding for the Easter Bowl. I I Director of Finance &Treasurer stated that the Council has recently acted on the Easter Bowl; and that the prior actions were to waive fees and use of the City courts. Council Minutes 03-06-02, Page 10 ' Mayor stated that a letter of support should be provided from tourism for the Easter Bowl funding and that it would be helpful to know haw the Hospitality Group feels about the event. Council consensus to continue the matter to March 13, 2002. 14. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests: None PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the me ting adjourned. PATRICIA A. SANDERS City Clerk