HomeMy WebLinkAbout2002 - MINUTES - 5/15/2002 CITY OF PALM SPRINGS
CITY COUNCIL'MINUTES
May 15, 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, May 15, 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 Hodges, Mills, Oden, Reller-Spurgin, and
Mayor Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag by the PSHS JROTC, and an
invocation by Lt. Darren Stennett, 29 Palms Naval Chaplain
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on May 10, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 11 of agenda this date.
PRESENTATIONS: Firefighter of the Year
Craig Gladders — C.P.M. '
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 31:
David J. Lynch, Palm Springs
Father Andrew Green, Palm Springs
Dean Stephen Kauffman, Palm Springs
Dr. Wayne McKinney, Palm Springs
Conrad Fenger, Palm Springs
Jim Schell, Palm Springs
Jim Hicks, Palm Springs
Rose Therean,
(Steve Nichols, Palm Springs
The following persons spoke in opposition of Item 31: '
Robert Trogman, Palm Springs
Joseph Paul Hunter, Palm Springs
Richard Holstrop, Palm Springs
Council Minutes
05-15-02, Page 2
The following persons spoke in support of Item 18:
1 Bob Marra, Palm Springs
Joy Meredith, Palm Springs
The following person spoke in opposition of Item 26:
Joy Meredith, Palm Springs
The following person spoke in support of Item 28:
Meredy Shoenberger, Palm Springs
The following persons spoke in support of maintaining the Palm Canyon Theater
Peter Bochnewich, Palm Springs
Steve Nichols, Palm Springs
The following person spoke in support of Item 32:
George Puddephatt, Palm Springs
The following persons spoke on matters not on the agenda:
' Maryilu Rogers, Palm Springs
Joe Foster, Palm Springs
APPROVAL OF CONSENT AGENDA: Items 1 thru 15.
It was moved by Reller-Spurgin, seconded by Mills, and unanimously carried,
that Items 1 thru 15, excluding 9 and Hodges abstaining on Minutes of March 20,
Oden abstaining on Item 14, be adopted.
CONSENT AGENDA:
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes: March 20, April 23 and 24, 2002.
2. MO 7072 approving Amendment 1 to A4043 with Airport Displays, Ltd., for
airport advertising services and airport public art placement along the Mid-Valley
Parkway Airport Extension Road.
3. MO 7073 authorizing the City Manager to accept a grant Amendment 1 to A4402
to reprogram $700,000 of the original grant for airport security improvements
AIP-33.
' 4. MO 7074 approving tolling agreement to dismiss without prejudice an action filed
against Sabo & Green regarding the 1991 Assisted Living Center Bond Issue.
A4495.
Council Minutes
05-15-02, Page 3
5. MO 7075 approving purchase order with Air Cleaning Systems for installation of
vehicle exhaust ventilation systems at Fire Stations 441, 443, 444, and 445 for '
$70,984.48.
6. MO 7076 approving an agreement with Sirsi Corporation for the Unicorn
client/server integrated library computer system for $120,817, using Measure Y
funds. Agreement subject to City Attorney final language. A4496.
7. MO 7077 approving purchase order from Dell Computer Systems of thirty PC
workstations through participation in the Western States Contracting Alliance
cooperative purchase program for $59,771.
8. MO 7078 approving Amendment #1 to A3871 with Enforcement Technology,
Inc., to expand collection services for unpaid parking citations based on a fee of
35% of collected revenues.
9. Res ----- approving Final Map 2768& with Sanborn A & E representing Palm
Mountain Company to divide property located at 755 Vista Chino Road West. A--
APN 505-030-010, 012, Section 10, T4S, R4E. Withdrawn.
10. MO 7079 approving contract with 4-Con Engineering, Inc, Bid Schedule A and B,
for bridge repairs on the Ramon Road Bridge across the Whitewater River and
the Sunrise Way Bridge across Tahquitz Creek for $97,610. CP97-20. A4497.
11. MO 7080 approving contract with Contreras Construction, Bid Schedule A and B, ,
for the 1999-00 PM-10 Control Measure Paving project for $162,730. CP99-21.
A4498.
12. MO 7081 approving Amendment 1 to A4381 with PZL, Inc., for planning support
services extending the contract from July 5, 2002 to December 31, 2002. Costs
paid by project proponents.
13. Res 20326 approving time extension from May 17, 2002 to May 17, 2003 for Star
Canyon Villas, PDD 260. Case 5.0830, TTM29691 for the subdivision of 11.41
acres into 9 lots for a resort development located at South Palm Canyon Drive
between Sunny Dunes Road and Mesquite Avenue. W-C-1 and W-R-3 zones,
Section 22 and 23.
14. Res 20327 denying Case 6.457, appellant Ron Dale, to allow an existing shade
structure in the southwest corner of property at 253 E. Mesquite Avenue. Zone
R-1-C, Section 23. Oden Abstain.
195. Res 20328 and 20329 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 975653 C. Kell-Smith Business Related
975802 Trueblood '
975803 Trueblood
Reller-Spurgin 975781 Spurgin Spouse
975919
Council Minutes
05-15-02, Page 4
EXTENDED CONSENT AGENDA:
PUBLIC HEARINGS:
16. ORANGE AVENUE RIGHT-OF-WAY VACATION
On April 24, 2002 Council declared intention to vacate a portion of the right-of-
way for the public street named Orange Avenue and set hearing for this date.
Notice of Hearing was published, but not posted in a timely manner. Council is
requested to continue the hearing to June 5, 2002 to allow proper posting.
City Manager requested the item be continued to June 5, 2002.
Motion to continue the matter was presented; after which, it was moved by
Mayor, seconded by Reller-Spurgin and unanimously carried, that the matter be
continued to June 5, 2002.
17. APPEAL— CASE 6.458 VARIANCE-VONS
On March 12, 2002 Councilmember Mills requested a notice of review regarding
Case 6.458 variance application by Travis Engineering for Vons's Rimrock to
allow a 298 square foot kiosk within a self-service fueling center, located at 4733
E. Palm Canyon Drive, C-D-N zone, Section 30.
' Director of Planning & Building reviewed the staff report and visual site plans on
display in the Chamber.
Councilmember Oden questioned the relationship of proposed variance to the
location of Canyon Sands.
Director of Planning & Building stated that Canyon Sands is Northwest across
the intersection of the proposed variance.
Mayor stated that the variance is based on the kiosk alone and not use of the
self-serving fueling station.
Mayor declared the Hearing open.
The following persons spoke in opposition to granting of variance.
Margaret Sitterson, Palm Springs
Rita McDermott, Palm Springs
Andy Roshett, Palm Springs
Percy Schultz, Palm Springs
The following persons spoke in favor of granting of variance.
Harold Burnery, Palm Springs
Karl Huy, project engineer
Kyle Collinsworth, representing Vons
There being no further appearances, the Hearing was closed.
Council Minutes
05-15-02, Page 5
Councilmember Mills stated that he did generate the review of the Planning '
Commission action; that it is imperative to create a business friendly
atmosphere, but that there have been other projects, such as the Lundin, that did
have this type of proposal; that the Lundin project was told no; that it is important
to have standards, and to maintain them; that Vons was granted a variance for
the use and that the City will see this type of use come forward again and again;
that the City's Ordinances define how we want the City to look; that the granting
of this variance changes that look and 'opens the door for any other developer to
request the same; that if this is the direction to go, then the Ordinances need to
be changed to allow the use for all, andl not a case by case variance permitted.
Councilmember Hodges stated that it is important to have a level playing field to
be fair to all; that it is difficult to understand why this granting of a variance can
be considered, when there was one before the Council at its last meeting that did
not meet the criteria.
Director of Planning & Building stated that Planning Commission did find
significant grounds for the variance; that the applicant is also aware that the
Kiosk should be 750 square feet; that the only remaining issue is the set back of
the property line.
Councilmember Oden stated that the fact is that the proposal is based on a
national trend on how businesses are doing things today; that the City does need
to project a business friendly atmosphere; that simply put, if the residents don't '
have the facility, they drive to the neighboring City for the use; that not all
businesses are absolutely right for the City, but one needs to consider each
individually, look at the economics, how we retain business and possible safety
issues.
City Engineer stated that this is a previously approved pad; that the least busy
leg is used for access; that there will be more traffic generated, but that the
street should be able to handle the flow and the site was somewhat modified to
access accommodation of vehicles.
Mayor stated that the Council does need to be fair and equitable; but that a
variance is a tool to allow something due to a problem; that this issue is not and
should not be about the use of the site; that the pad was previously approved;
that in fact, Smoke Tree Center has pads available located at its front that have
been permitted; that industry trends change; that for a long time the City did not
allow food to be sold at gas stations; that now it seems the trend is to have a gas
station as an ancillary function of a market; and that the kiosk is what is in
question before the Council.
Motion by Reller-Spurgin to overrule the Planning Commission was presented.
Councilmember Hodges questioned 'if the site is redesigned and is within
parameters, could it go forward and suggested review of enabling ordinances. '
Director of Planning & Building questioned if the overruling was based on the
setbacks.
Council Minutes
05-15-02, Page 6
Councilmember Reller-Spurgin stated the setback variance should not be
allowed.
Mayor stated it may be that the pad will not permit the station, or that some of
the parking could be reconfigured to allow the use.
Motion that staff be directed to prepare resolution overruling the Planning
Commission decision, for June 5, 2002, was presented; after which, it was
moved by Reller-Spurgin, seconded by Mills, and carried by the following vote,
that the Motion be adopted.
AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst
NO: Member Oden
ABSENT: None.
18. TPM 30362, DESERT HEALTHCARE DISTRICT
Recommendation: That the Council approve Tentative Parcel Map 30362 with
Desert Healthcare District for the subdivision of one 5.53 acre parcel into two
parcels measuring 1.534 and 4.11 acres for the future development of the
Hanson House facility, located on the campus of Desert Regional Medical
Center, on the southwest corner of Mel Avenue and Via Miraleste, PD 185,
Section 11.
Mayor Kleindienst and Councilmember Mills abstained due to conflict of interest.
Director of Planning & Building reviewed the staff report
Mayor pro tem declared the Hearing open; there being no appearances, the
Hearing was closed.
Resolution 20332 as recommended was presented; after which, it was moved by
Oden, seconded by Hodges, and unanimously carried, Kleindienst and Mills
abstain, that R20332 be adopted.
19. TPM 30292 — FRIEND DEVELOPMENT— PALM SPRINGS LLC
Recommendation: That the Council approve Tentative Parcel Map 30292 with
Friend Development — Palm Springs LLC to combine 43 parcels into one single
parcel of 4.97 net acres for the development of a 104 unit apartment complex
located at the southeast corner of East Palm Canyon Drive and Araby Drive, R-3
zone, Section 25.
Director of Planning & Building reviewed the staff report.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20333 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20333 be
adopted.
Council Minutes
05-15-02, Page 7
2',0. CASE 5.0897(A), CASE 5.0897(B) GENERAL PLAN MAP AND TEXT
AMENDMENT; ZONING MAP AND TEXT AMENDMENT — SMOKE TREE AREA '
PLAN
Recommendation: That the Council adopt amendments to both the General
Plan Land Use Map and General Plan text along with the Zoning Map and
Zoning Ordinance amendments for the Smoke Tree Area Plan, property located
adjacent to and south of East Palm 'Canyon Drive, between Laverne Way and
Barona Road, T43, R4E, Section 25. '
Director of Planning & Building reviewed the staff report.
Mayor declared the Hearing open.
Tom Kieley, Palm Springs, spoke in favor of the recommendation.
There being no further appearances, the Hearing was closed.
Councilmember Mills stated that it is a compliment to staff when a major item
such as this comes forward and only one person speaks, and that person is in
favor; and that it is good that the situation could be worked out; and questioned if
the maximum building height of 30 feet should be added to the policy.
Director of Planning & Building stated that modification would be made to the
policy. '
Mayor stated that staff should work closely with Mobile Source Reduction
Committee for possible funding mechanisms.
Resolution 20334 as recommended was presented; after which, it was moved by
Mills, seconded by Reller-Spurgin and unanimously carried, that R20334 be
adopted.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
C-D-N (DESIGNED NEIGHBORHOOD SHOPPING CENTER), R-3 (MULTIPLE
FAMILY RESIDENTIAL AND HOTEL ZONE), R-G-A(6) (CLUSTER
RESIDENTIAL;) TO C-S-C (COMMUNITY SHOPPING CENTER) FOR THE
PROPERTY LOCATED ADJACENT AND SOUTH OF EAST PALM CANYON
DRIVE BETWEEN LAVERN WAY AND BARONA ROAD, ZONE C-D-N, R-3, R-
G-A(6), SECTION 25
after which, it was further moved by Mills, seconded by Reller-Spurgin and
unanimously carried, that further reading be waived and the Ordinance be
introduced for first reading.
I 1
Council Minutes
05-15-02, Page 8
21. TEFRA HEARING — CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
Recommendation: That the Council approve issuance of tax-exempt bonds to
Seminole Gardens Preservation LP for the purchase of Seminole Gardens
Apartments located at 2607 Linden Way, not to exceed $5,000,000.
Director of Community and Economic Development reviewed the staff report and
added that the City would not be the actual issuer of the Bonds.
Mayor declared the Hearing open; there being no appearances, the Hearing was
closed.
Resolution 20335 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20335 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:
' 22. FISCAL YEAR 2002-03 BUDGET
Recommendation: That the Council review and discuss Fiscal Year 2002-03
budget.
Director of Finance and Treasurer stated that the material handed out was for
Council review and added that the COLA will be placed at 3.2%, but should not
be a major impact to the proposed budget.
City Manager stated that the information is submitted for Council review and
comment at the next workshop to be scheduled on May 22, 2002.
23. ORDINANCE FOR SECOND READING AND ADOPTION (Intro 5-1-02)
City Manager read Title of Ordinance 1610 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
C-B-D (CENTRAL BUSINESS DISTRICT) TO PD-275 FOR THE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
INDIAN CANYON DRIVE AND BARISTO ROAD, C-B-D ZONE, SECTION 15.
after which, it was moved by Reller-Spurgin, seconded by Oden, and
unanimously carried that further reading be waived and Ordinance 1610 be
adopted.
Council Minutes
015-15-02, Page 9
24. COUNCIL MEETING TIMES '
On May 1, 2002 Council continued this item to this date to consider
establishment of City Council meeting times.
Councilmember Hodges requested the Closed Session time be moved to 5:30
p.m.
Councilmember Reller-Spurgin stated:that the time was originally moved due to
number of items scheduled for Closed Session, but that the time could be moved
to accommodate.
City Manager recommended that that Council could always adjourn to after the
meeting to complete any necessary' discussions or could call special Closed
Sessions is the need arose.
Council consensus to move the time for Closed Sessions to 5:30 p.m., preceding
open sessions at 7:00 p.m.; staff to prepare the Resolution for approval at the
June 5, 2002 meeting.
25. DOWNTOWN PARKING STRUCTURE
Recommendation: That the Council approve agreements for the purchase and
sale of real property and agreements containing covenants, conditions and ,
restrictions with Mathew Talala; Zachary Franks, et al; and Thomas and Eileen
Adamo for the voluntary acquisition of their properties (APN 513-154-034, 513-
154-026, 513-154-008); and agreements settling condemnation actions with
Thomas and Eileen Adamo for the acquisition of the Saloon property (APN 513-
154-007) and Joe Pagano for fixtures, equipment, relocation and goodwill loss
for the Saloon Business and 296 Palm Canyon, LLC for a parking lot behind 296
South Palm Canyon (APN 513-154-033); all for the purpose of constructing a city
owned parking structure in the 200 block of South Indian Canyon Drive; and it is
further recommended that the Council approve a grant of 20-foot "no build"
easement to the owners of properties west of 513-154-033, 513-154-034 and
513-154-008. A4500, 4501, 4502, 4503, 4504, 4505.
Director of Community & Economic Development reviewed the staff report and
submitted revised resolution for consideration.
Councilmember Hodges expressed appreciation to the property owners that are
all looking to the future of Palm Springs and the sacrifice of giving up future
business to permit the growth.
Council concurred.
Resolutions (7) 20336, 20337, 20338, 20339, 20340, 20341, 20342, as
recommended were presented; after'which, it was moved by Oden, seconded by '
Reller-Spurgin and unanimously carried, that R20336 —20342 be adopted.
Council Minutes
05-15-02, Page 10
26. MASTER BAIL SCHEDULE AMENDMENT
' Recommendation: That the Council amend the Master Bail Schedule to reflect
increased bail levels regarding the City's managed parking program.
Councilmember Oden stated that the full parking program proposal should be
presented to the Council for full implementation at one time, rather than one
component at a time.
Mayor questioned if the City Attorney had reviewed the portions relating to "for
sale" signage.
City Manager stated that further review by staff was needed on the item and
withdrew the matter.
27. ALLOCATED POSITION & COMPENSATION PLAN AMENDMENT#5
Recommendation: That the Council approve Amendment #5 to the Allocated
Position and Compensation Plan to hire four temporary over-hire police officer
positions to provide uniformed law enforcement security for the passenger
screening checkpoints at the Palm Springs International Airport. (US
Transportation Security Administration full reimbursement).
City Manager reviewed the staff report, no further report was given.
' Resolution 20343 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20343 be
adopted.
28. SCHOOL DISTRICT LAND TRANSFER
Recommendation: That the Council oppose a proposal to transfer certain Palm
Springs Unified School District territory to the Desert Sands Unified School
District.
Councilmember Mills abstained due to conflict of interest.
City Manager reviewed the staff report, no further report was given.
Resolution 20344 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden and unanimously carried, Mills abstaining,
that R20344 be adopted.
Council Minutes
05-15-02, Page 11
29. AIRPORT OPERATION AND MAINTENANCE RESERVE REDUCTION '
Recommendation: That the Council reduce the Airport's Operations and
Maintenance reserve requirement from 25% to 15% of the total current annual
Operations and Maintenance costs.
City Manager reviewed the staff report, no further report was given.
Resolution 20345 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20345 be
adopted.
30. COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN
NATURAL COMMUNITIES CONSERVATION PLAN (CVMSHCP)
Recommendation: That the Council'approve a letter to the Coachella Valley
Association of Governments expressing mutual concerns that the Cities of Palm
Springs, LaQuinta, Cathedral City, Indio and Desert Hot Springs have regarding
the proposed plans.
Director of Planning & Building reviewed the staff report.
Mayor stated that typically these issues are addressed on an individual City
basis, but that in this case, several entities have joined together to express the '
concerns.
Councilmember Hodges questioned any Tribal participation.
Director of Planning & Building stated that the Tribal representatives were
invited, but that they are moving forward with their own plan.
Councilmember Hodges questioned any participation of the Cabazon or Torres
Martinez Tribes.
Director of Planning & Building stated that there is no effect on Indian Land; but
it is a complicated project, and that the overlap does not include land ownership
issues.
Mayor stated that the goal was to have all on board; that the goal was to be
proactive and to form an alliance to reach the proposed goal.
Director of Planning & Building stated that contact was made to all with the offer
to join in the endeavor; that most did participate, but not all.
Minute Order 7082 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Mills, and unanimously carried, that MO7082 be
adopted. '
Council Minutes
05-15-02, Page 12
31. 2002-03 CDBG BUDGET AND ANNUAL PLAN AMENDMENT
J.C. FREY-JAYCEES COMMUNITY BUILDING LEASE
Recommendation: That the Council allocate $86,380 of CBDG Program funds;
revise the consolidated plan annual plan update; terminate A0280 with the Palm
Springs Jaycees; and approve a lease with Well in the Desert for the use of the
Dr. R.G. Frey-Jaycee building located 1911 East Baristo Road. A4499.
Community & Economic Development Director reviewed the staff report; and
added that the issue is an emotional one; that various approaches were tried to
address the issue; that this is the best alternative that can be agreed upon; that
there will be requirements set in place; that one is "no on site cooking"; that the
projected budget is approximately $141,000; that the draft lease is not yet
proposed; that the amount of usage by the group should be 10:30 to 1:30 p.m.,
three days a week; that there are problems that will arise; that those incidents
will need to be addressed; that it is the goal to address the issue to have the
feeding program in a building, rather than out in the elements.
Councilmember Oden stated that many participated in the Task Force and
appreciation is extended; that this problem is not limited to a geographical
segment in the Community, but is all over the City; that the concerns of the
Library are heard; that criminals will be dealt with; that now is the time for the
City to take some responsibility for the solution to this problem; that the solution
is temporary; that once the permanent location is finished on Sunrise and
' Avenida Caballeros, the program will move to that location; and that for now, this
is the solution available.
Councilmember Mills concurred with Councilmember Oden and added that the
findings should include the ability for the City Manager to negotiate a lease with
Well of the Desert; that an Ad Hoc Committee could be formed to address the
lease issues and the neighborhood issues as well.
Councilmember Hodges stated that if the City Manager is given only the
authority to negotiate the lease, and no authority to execute the lease, the
problem could continue for months; that the negotiations should not take more
than three days; that the facility needs to be cleaned, and that full authority
should be given to the City Manager to timely negotiate and execute the lease.
Councilmember Oden stated that whatever lease the group is asked to sign, the
question that needs to be addressed is whether all non-profits should sign the
same lease.
Councilmember Mills stated that the City Manager does need the authority to
negotiate and execute the lease, and that there should be some opportunity to
allow input from the neighboring property owners.
Councilmember Hodges stated that the issues will be the same as they were for
' each and every location that has been proposed; that during the last election
campaign, it was one of her promises to address the issue and to support this
very location for Dr. McKinney; that there are many seniors at Ramon Park that
participate in the program; and that the negotiation need not take six months, but
should be completed, no later than the end of June.
Council Minutes
05-15-02, Page 13
Councilmember Oden stated that reports should be given to the Council
regarding the progress of the matter. I
Director of Community and Economic!Development stated that it will take some
time to rehab the building before it can be fully occupied; but that there is cash
available for the renovations, which will speed the process.
Councilmember Hodges questioned the use of the building during the
renovation.
Director of Community & Economic Development stated that the building can be
and is useable; and that the term of the lease should be between 2 — 3 years,
and that after that time the permanent,facility should be in place.
Councilmember Hodges requested the building be ready by June 10 for use by
Well in the Desert.
City Manager stated that there might be some time needed to get all the
stakeholders together and to allow the City Attorney time to negotiate the lease,
but that the target deadline would be the goal.
Mayor stated that when the program was in place on Indian Avenue, there was
not a permit issued due to the outcry of the neighbors; and questioned if the use
is permitted in a designated park area'.
Director of Planning & Building stated,that typically a C.U.P. Type II is needed to ,
allow this type of use; that the permit would need to be issued to be consistent
with procedures of the City.
Mayor questioned the authority of the Council to take action at this time.
Councilmember Reller-Spurgin stated that the program has been using the open
adjacent park for the past year; that the building proposed is used by groups and
for weddings, and questioned the difference.
Mayor stated that the use in the park was hard pressed; and that there was no
authority or action taken by the Council for the program to be in the park.
Councilmember Oden commented that the park use was temporary.
Director of Community & Economic ,Development stated that the building was
built in the 60's for assembly use; that it has been used with the kitchen facilities
since that time; that the issue is leasing the facility for a dedicated use for a
specific length of time that is resulting in the triggering of the zoning concern.
Director of Planning & Building stated that as the governing body, the Council
could adopt a resolution with findings to allow the use.
Councilmember Hodges questioned the leaseholder and the difference between
that Club and the proposed use.
Director of Community & Economic Development stated that the Jaycees do
have the exclusive right to a portion,of the building; that the group is no longer
Council Minutes
05-15-02, Page 14
functioning; that there have been thousands of meals and events held in the
building over its life; that basically the activity is the same; that the lease could be
non-exclusive; that the lease could be structured as a use agreement rather than
a lease; and that with that vehicle, the concerns of use could be alleviated.
Councilmember Mills stated that the use agreement could be designed to include
the subcommittee for the negotiations.
Resolutions 20330 and 20331 as recommended were presented to include the
addition of a subcommittee; after which, it was moved by Oden, seconded by
Hodges, and carried by the following vote that R20330 and 20331 be adopted.
AYES: Members Hodges, Mills, Oden and Reller-Spurgin
NO: Mayor Kleindienst
ABSENT: None.
32. MC CORMACK BARON SALAZAR ACCESS AGREEMENT
Recommendation: That the Council approve an access agreement with
McCormack Baron Salazar on a 53,578 square foot city-owned parcel for the
purpose of designing an affordable housing and community services facility.
A4506.
Director of Community & Economic Development reviewed the staff report.
Councilmember Hodges requested clarification on area limits for conflict of
interest.
City Attorney stated that the rules have changed in that if one resides within 500
feet there is conflict, otherwise participation in the item is allowed.
Resolution 20346 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that 20346 be
adopted.
ADDITIONAL LEGISLATIVE ITEMS:
33. DOWNTOWN SECURITY CAMERA SYSTEM
Recommendation: That the Council amend its award to DA Pacific for CCTV
equipment for the downtown camera system for $38,940.23. IFB 01-21.
Acting Police Chief stated that the amendment to the award would allow the
filming to be in real time as opposed to the slower herky-jerky method which
denies the ability to use the film in court; and that the funds are covered through
grants.
1 Councilmember Hodges questioned why the Council was not informed that the
technology in the beginning was not suitable, and inadmissible in court.
Council Minutes
05-15-02, Page 15
Acting Police Chief stated that the proposed is new technology. '
Councilmember Oden stated opposition to the project.
Minute Order 7083 as recommended was presented; after which, it was moved
by Mills, seconded by Reller-Spurgin and carried by the following vote, that
M07083 be adopted.
AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst
NO: Members Hodges and Oden
ABSENT: None.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
34. CVAG Human & Community Resource designee appointment — Hodges
designee
35. ICRAM substitute alternative appointment
Resolution 20347 as recommended was presented; after which, it was mobbed
by Oden, seconded by Reller-Spurgin and unanimously carried, that R20347 be
adopted.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
G;
PATRICIA A. SANDERS
City Clerk