HomeMy WebLinkAbout2002 - MINUTES - 4/3/2002 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
' APRIL 3, 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, April 3, 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 Jerry
Johnson — Lily of the Valley Church
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on March 29, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 6 of agenda this date.
PRESENTATIONS: None.
' 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:
Karen Hudon, 2320 Palermo, requested Council review of a single-family residential
construction at 820 Olivera; in that neighborhood, vistas are being blocked.
Wayne McKinny MD, 616 Cameo Dr, stated that help is needed for the poor and
homeless in the City; that a proposal has been brought forward to convert the JC Frey
Building into a usable building for feeding the homeless by way of CDBG grants to
renovate the building; that when the food program is not being administered, other non-
profit groups could also use the building; and that an area on the side of the building
could be shielded for use of picnic tables.
Bruce Johnson, 1219 Primavera Drive, stated that action does need to be taken on the
Biltmore Hotel; that six months have passed since the Council's directive and that the
building and property should be abated.
Dolliah the Black Dahlia, stated that a claim against the City had been filed in the
amount of $251,000 regarding the dry-cleaning of a wedding gown.
Thomas Van Etten, 1379 Barrymore, stated that accusations had been made regarding
his previous comments to the Council; and that in fact, he and his partner have been
awarded and featured in many magazines.
Council Minutes
04-03-02, Page 2
Brenda Willhide, 2786 Tahquitz Canyon, stated that the business owner of the Saloon ,
should be compensated for his business loss and relocation; that the City is spending a
lot of funds on a matter that could be resolved through a reappraisal.
Mr. Garland Weary, Palm Springs, stated that the City should monitor its special events,
and questioned any data that was collected; ,that the City does depend on tourism; and
that it must be sure the right message is being portrayed.
Jim Ferguson, stated that on behalf of Kurt and Anna Haagstrom, the City should enter
into a lease for the Tennis Center; and by doing so, will allow the City to have a
profitable Center in the Community.
APPROVAL OF CONSENT AGENDA: Items!1 thru 12.
It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried,
that Items 1 thru 12, excluding 7, be adopted.
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
Councilmember Oden stated that item 3 should be supported, but for the future it would
be best if the artwork were freely accessible by the public. '
1. Approval of Minutes of March 13 & 26, 2002.
2'.. MO 7036 rescinding Minute Order 7013 approving Amendment #1 to A4235 for
increased architectural design services for the expansion of the airport fire
station. Mills Abstain.
3. MO 7037 approving Amendment #1 to A4266 with Chihuly, Inc., to extend the
option for purchase of Chihuly artwork located around the interior fountain at the
airport to July 1, 2002.
2I. MO 7038 approving agreement with'the County of Riverside for Colmac Grant
funding to assist in the purchase of 5 CNG fueled vehicles, total award $50.000.
A4468.
5. MO 7039 approving Amendment #1 to A3865 with Building Industry Association
for the installation and maintenance of offsite directional signs for a term of
March 31, 2006.
Ei. MO 7040 approving purchase from 3M for 54 new traffic signal emitters for use
on police patrol vehicles for $57,894.08.
7, SEE EXTENDED CONSENT AGENDA
8. MO 7041 approving supplemental agreement (008-M) with CalTrans for '
preliminary engineering design of Indian Canyon Drive Widening (Garnet to
railroad bridge) to 6 lanes for $35,000, total City match of $4,014. CP01-11
A1459.
Council Minutes
04-03-02, Page 3
' 9. Res 20298 accepting a portion of Baristo Road and Indian Canyon Drive street
improvements of Parcel Map 13574 into the City street system.
10. MO 7042 approving agreement with Contreras Construction Co., for Ruth Hardy
Park sidewalk improvements, Bid Schedule A, for $17,835. CP01-28. A4470.
11. MO 7043 approving the plans, specifications and working details and authorizing
advertisement for the construction bids for the 1999-00 PM-10 Control Measure
Paving Project. CP99-21.
12. Res 20299 and 20300 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 974363 Tenet Business Related
Reller-Spurgin 974352 Spurgin Spouse
EXTENDED CONSENT AGENDA:
7. SEPTEMBER 11 AFTERMATH IN OUR COMMUNITY
Recommendation: That the Council approve an agreement with County of
Riverside, Department of Public Social Services/Community Action, for the
Human Rights Commission to conduct a community dialogue entitled
' "September 11 Aftermath In Our Community: Preparing For The Future", at no
cost to the City. A4469.
Public Information Officer reviewed the staff report.
Debra Jackson and Marie Horez, representing Riverside County; stated that
Riverside County Community Action Committee will be the lead agency for the 9-
11 issue; that there has been good response thus far from the forums; that it is a
family event that will be held not only in Palm Springs, but in Riverside and
Hemet; that the Human Rights Commission will coordinate the effort for the City;
and that the flyers are in process.
Councilmember Oden expressed appreciation that the City was selected to host
the forum.
Minute Order 7044 as recommended was presented; after which, it was moved
by Oder, seconded by Reller-Spurgin and unanimously carried, that MO7044 be
adopted.
PUBLIC HEARINGS:
13. 2002-03 COMMUNITY DEVELOPMENT BLOCK GRANT
Director of Community & Economic Development reviewed the staff report and
added that the entitlement was down due to the census; that Palm Springs did
not grow as anticipated which resulted in a 3% decrease in funding
Councilmember Oden questioned the source for the reprogrammed $40,000.
Council Minutes
04-03-02, Page 4
Director of Community & Economic Development stated the funding was '
originally slotted for Desert Aids; that the funds were not used and rolled over to
this year's allotment to be used by that Agency for capital improvements.
Mayor declared the hearing open.
Lynne Bushore, Library Chair, stated that the library did request a grant of
$15,300 to fund the Literacy Program',at Desert Highland Center; and asked that
the Council approve this request.
Bob Marre, CEO of the Desert Healthcare Foundation, stated that the
Foundation is thankful for the $15,000 grant to help fund the Smile Factory
Program, which is a mobile dental office for children from low-income
households.
Phillip Kaplan, ADA Coordinator for the City of Palm Springs, stated that the
$51.750 grant will fund improvements at Demuth Park to make the picnic area
accessible for mobility challenged citizens; and that the funds will also provide
new modular restrooms that are vandal resistant and ADA compliant.
Bob Swoboda, Palm Springs Youth Center, requested approval of the request of
$31,750 to re-roof the building, which will conserve energy and decrease the
operating costs.
Wayne Fleisher, Program Director for AIDS Assistance Program, stated that '
$22.500 was approved for Food Vouchers this year, however, the funds are just
being delivered from last year's approved grant.
Sister Georgette Kahill, stated that good relationships have been established
with the Palm Springs Fire and Police Departments; that they help so much at
Christmas and all through the year; that Nightengale Manor is at capacity, with 2
or 3 families on the waiting list, and the $10,000 grant will help fund temporary
shelter through motel vouchers, and then permanent housing, if available.
John Brown, stated his appreciation for the grant of $246,820, to renovate their
facility with exterior safety and landscape improvements, including new
sidewalks along Vista Chino and Sunrise Way; that they will combine last year's
grant of $40,000 with this year's allocation, and undertake a much needed
project; that they feel it is smarter to request funds in a 2 or 3 year cycle, rather
than small amounts each year, and then have to wait until enough is put aside to
start and finish a larger project; that',they do not expect this high of an amount
every year.
Lewis Porter, Palm Springs Adult School, stated that the requested funds will
cover job training in television and video production techniques; and that the
students assist with the broadcasting lof various City Meetings over public access
Channel 17.
Mayling Fong, Fair Housing Council, stated that they were hoping for a few more '
dollars in this year's grant; that the Fair Housing Council helps the community in
many ways; that the request was for $30,000; $29,000 was approved, and asked
the Council to consider the approval of the extra money.
Council Minutes
04-03-02, Page 5
' Margaret Roades, City Librarian, state her request to restore the $15,300 for the
Literacy Program at the Desert Highland Unity Center.
There being no further appearances, the Mayor declared the hearing closed.
Councilmember Reller-Spurgin stated she would have to abstain on number 8,
under the Public Facilities and Improvements Category, as she is now employed
by the Mizell Senior Center.
City Attorney stated the only way Councilmember Reller-Spurgin could abstain
on just a single item from the report, is to have the Council discuss and vote on it
separately.
It was moved by Oden, seconded by Mills, and unanimously carried, Reller-
Spurgin abstaining, to have a separate vote on the Mizell Senior Center grant
request.
Resolution 20301 as recommended was presented; after which, It was moved by
Oden, seconded by Mills, and unanimously carried, Reller-Spurgin abstaining,
that R20301 be adopted.
Councilmember Oden questioned the reason for denial of the Desert Highland
request for funds.
' Community Development Administrator stated the application was incomplete;
that the Committee was sensitive to the need, but there simply was not enough
information to consider funding the request.
Director of Community and Economic Development stated that under the
Community Redevelopment revitalization program funds will be added to
enhance the program; that there must be formal request on the application in
order for justification to HUD.
City Manager stated that the Committee did meet and make recommendations;
that the intent was a transition of program to assist groups in need.
Mayor stated that the process is pressured; that a decision has to be made at
this meeting; that if a decision is not made, a Special Meeting must be called;
that it would be best for the Council to have a chance to review the
recommendations with discussion before being required to vote on the matter.
City Manager stated if a Member has a specific request, the staff will work to
fulfill the desire.
Councilmember Mills stated that some of the programs involve construction and
that staff should monitor the project to be sure that all standards of the City are
met.
Councilmember Oden stated that it seems that repetitive groups request the
funding and the question needs to be why; that the purpose of the funds is to
help the groups to get on their feet, not to sustain yearly operations.
Council Minutes
04-03-02, Page 6
Committee Chairwoman, stated that after the major funding was allotted, the '
balance of funds was distributed to try to bring in new programs for the City; that
the Committee is working to stay away from the funding becoming an entitlement
to a group; that each program was reviewed to determine the greatest need; but
that in the future, greater direction is needed from the Council to the Committee.
Resolution 20302 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20302 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:
14. METRO LINK— RIVERSIDE LINE RIGHTS
Recommendation: That the Council support priority treatment of Metro Link's
Riverside Line by Union Pacific Railroad.
Mayor stated that the proposed resolution is affirming priority access to
passenger lines; that ridership is in jeopardy due to the rights being given to I
freight; and added that all Cities in the Valley are being asked to support the
Resolution.
Resolution 20303 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills, and unanimously carried that R20303 be
adotped.
15. SPECIAL ASSESSMENT AND COMMUNITY FACILITY DISTRICT MUNICIPAL
BOND FINANCING POLICY
Recommendation: That the Council adopt policy and procedure regarding
municipal bond financing for selected development projects and make revision to
the Policies and Procedures for Special Districts and Mello-Roos Community
Facility District Financing Programs. '
Director of Finance & Treasurer reviewed the staff report and added that if
approved, the policy would be citywide.
Councilmember Oden stated that there have been many difficulties in the past
with Mello-Roos; that this is an item that causes concern; that there are distinct
advantages for the developer, but this method is not always good for the buyer;
that many do not understand when buying what is involved; that this particular
mechanism is not needed in the City; and that it is one that will not be supported. ,
Councilmember Mills stated that this is a vehicle to assist development; that the
Council could condition the approval to require all developments that have Mello-
Roos come back to the Council for, approval; that the condition would allow for
individual consideration of each project; that Mello-Roos is an incentive to
Council Minutes
04-03-02, Page 7
' develop housing; that all advertising of the development is required to list it is a
Mello-Roos project; that the Council should require all advertising to state the
development is Mello-Roos; and that would be informative to the buyer.
City Attorney stated that it is not the development of a Mello-Roos project that
has caused concern, but rather the real estate marketing of the homes; that
buyers have been resistive to buying Mello-Roos due to experience in the early
90's; that the mechanism did create a disincentive for buyers; that as long as the
buyer is aware of the district and that the developer is required to advertise the
development as Mello-Roos, then the choice becomes the developers on
whether to use the district; that the district is an economical way to do
infrastructure; that up to this point, the City had a policy not to allow Mello-Roos;
that before the Council are defining guidelines that the developer must follow for
use of the district; and that the approval merely creates an opportunity of choice
for the developer.
Councilmember Mills stated that the biggest concern is disclosure; that in some
cases an impound account is created; and with the transfer of ownership, the
estimated monthly costs are disclosed; and questioned if there are any tax
consequences for the City with the implementation of Mello-Roos.
Director of Finance & Treasurer stated that it is a property tar, and is on the tax
bill.
' Councilmember Mills stated that this is another vehicle to assist in bringing
development to the City and an incentive to bringing the development in.
Councilmember Oden stated that all members on the Council are for economic
development, but that Mello-Roos does have a bad track record and that one
should be leery of a program that has such a negative connotation.
City Attorney stated that the City could authorize a prepared form to be attached
to the policy disclosing Mello Roos that would be required to be furnished to
potential buyers.
Councilmember Mills stated that the language of the resolution should be
modified to include that all advertising is required to note it is a Mello-Roos
project and include an explanation of what Mello-Roos is; that by doing so,
should encourage the buyer to ask questions; and that with each consideration
of a project it could be required to include the advertising program for Council
approval.
Mayor questioned if the intent is to require all advertising to explain what Mello-
Roos entails.
Councilmember Mills stated all text advertising.
Council Minutes
04-03-02, Page 8
Councilmember Oden stated that the revisions are appreciated, but that this ,
particular Council may not always be in place; that it is the program itself that is
questionable and cannot be supported.
Resolution 20304 as revised, to include inclusion of the explanation of Mello-
Roos in all advertising and that a disclosure form, outlining the impact of Mello-
Roos be included in buyers information was presented; after which, it was moved
by Mills, seconded by Reller-Spurgin and carried by the following vote that
R20304 be adopted.
AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: None.
16. ORDINANCE FOR SECOND READING &ADOPTIONS (Intro 3-20-02)
City Clerk read Title of Ordinance 1608 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO ESTABLISHMENT OF;CERTAIN SPEED LIMIT ZONES
after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, that further reading be waived and Ordinance 1608 be
adopted.
17. TRAMVIEW ROAD STREET AND SEWER IMPROVEMENTS
2001-02 BUDGET AMENDMENT
Recommendation: That the Council approve an agreement with G & M
Construction for the Tramview Road Street and Sewer Improvement Project, Bid
Schedules A and B, for $388,750; and amend the budget in the amount of
$160,000, thereto. CP01-19. A4471.
City Manager reviewed the staff report, no further report was given.
Minute Order 7045 as recommended and Resolution 20305 amending budget
were presented; after which, it was moved by Reller-Spurgin, seconded by Oden
and unanimously carried, that MO7045 and R20305 be adopted.
18 STATE OF CALIFORNIA CAL-CARD,PROGRAM
Recommendation: That the Council approve participation with the State of
California Cal-Card program, including Amendment#1. A4472.
City Manager reviewed the staff report, no further report was given.
Councilmember Oden stated that the',project was initially met with opposition and '
that now after thorough review the Council is eager to move ahead.
Minute Order 7046 as recommended was presented; after which, it was moved
by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7046 be
adopted.
Council Minutes
04-03-02, Page 9
' 19. ADDITIONAL LEGISLATIVE ITEMS:
19A. DOWNTOWN PARKING STRUCTURE
Recommendation: That the Council approve an agreement with Michael E.
Fontana and Associates for project owners representative services for $88,500;
and Turner Construction Company for construction management services for
$499,600, both related to the Downtown Parking Structure project. A4473,
A4474.
City Manager reviewed the staff report and requested the item be approved
subject to City Attorney final language approval of the contracts.
Director of Downtown Development stated that the recommendation is the best
to move the project on a fast track and is the most cost efficient; that the time
line for the project is tight and is key to keeping the project in budget; that using
an owners representative is a time tested way to do construction of this
magnitude and will be the best way to meet the objectives of the Council.
Minute Order 7047 and Minute Order 7048 as recommended were presented;
after which, it was moved by Oden, seconded by Reller-Spurgin and
unanimously carried, that MO7047 and 7048 be adopted.
' 19B. PALM SPRINGS TENNIS CENTER LEASE
Recommendation: That the Council consider an agreement with Plaza Tennis
Club for lease of the Palm Springs Tennis Center. A4475.
City Manager stated that it is recommended the Council approve the lease as
presented.
City Attorney stated that there will be no costs by the City; that improvements will
be made by the Haagstroms; that the lease does include maintenance, utilities
and rent to the school district; that there was some concern with competitive
tennis operations in the area; and that those concerns have been addressed.
Mayor questioned Exhibit E and whether the Agua Caliente Band of Cahuilla
Indians donation was figured into the expense.
City Attorney stated that the Haagstroms were operating in a location that is
being bought by the Tribe; that the Tribe wants to contribute to this lease to help
with the transition; that the Tribe has agreed to pay $1,500 a month toward the
lease payment until October; and that the Tribe has also agreed to make a
contribution toward capital improvement costs.
Mayor stated that the concern is that the Exhibit calls for $100,000 in capital
' improvements; that if for some reason the Tribe does not contribute the $50,000
there would be an expectation for the Haagstrom's to fund the full amount and
that should be expected from the operator.
City Attorney stated that there is confidence the situation will work out, but that if
an issue arises, the matter will come back to the Council for consideration.
Council Minutes
04-03-02, Page 10
Councilmember Oden expressed appreciation to Councilmember Reller-Spurgin '
for working to bring two groups on opposite ends together; that the lease before
the Council would not be there without the efforts by Councilmember Reller-
Spurgin; and that the proposal by the Haagstrom's does address no subsidy by
the City and that does address a major concern.
Councilmember Reller-Spurgin stated that the negotiations did take some time,
but that the end result is that the taxpayers will not subsidize a for profit
business; and that the lease is a win-win for the parties involved.
Minute Order 7049 as revised, subject to City Attorney final contract language
was presented; after which, it was moved by Reller-Spurgin, seconded by Mills,
and unanimously carried, that MO7049 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
20. Council Liaison appointment for the Tribal Alliance of Sovereign Indian Nations
Working Committee. Mayor- designate and Mills - alternate.
PUBLIC reports or requests '
STAFF reports or requests
ADJOURNMENT:
There being no further bysine ayor declared eeting adjourned.
ATRICIA A. SANDERS
City Clerk