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HomeMy WebLinkAbout2002 - MINUTES - 9/4/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 4, 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, September 4, 2002, at 5:30 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, and an invocation by Pastor Mark Hackbarth — Desert Chapel. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 30, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: NIGP Distinguished Service Award - Harold Good. 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. CITY COUNCIL PUBLIC COMMENTS: Lanny Swerdlow, read a prepared statement, copy on file in Office of the City Clerk Suzanne M. Weber, Libertarian Party, read a platform statement of the Libertarian Party and voice opposition to item 7. Frank Tysen. Palm Springs, stated CRA B was a giveaway to the developer and added that none on the Agency asked questions regarding the item. In answer to questions by Council, Director of Planning & Zoning stated that the median Islands are a requirement of the General Plan and a part of the traffic control for the area; that the Agency is limited to spend its funding on capital projects; that the funds are designated to assist in blighted and undeveloped areas; that the Agency and City funds can not be commingled; that Community Redevelopment Agencies are regulated by the State; that zones are set up; that the funds are not used for assisting new development but for reinvestment in the Community and that for the most part the funds are limited to infrastructure uses. Council Minutes 09-04-02, Page 2 Councilmember Oden stated that it is easy for people to criticize the actions of the Council, but that there are limitations that are set by the State to regulate expenditures; that it is illegal to use funds for purposes outside of the regulations and that even though these same people who do not understand the regulations continue to criticize, when the truth is told it should be accepted. APPROVAL OF CONSENT AGENDA: Items 1 thru 13. City Manager withdrew items 11 and 12. It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that Items 1 thru 13, excluding 7 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Mills questioned the revision of item 2. Executive Director — Airports stated that the base bid should exclude Alternate A that would reduce the price. 1. MO 7142 approving Amendment 6 to A4382 with Gensler related to Task 3 architectural services for additional design and construction administration related to the northerly terminal access parking project for $56,980; and adding Task 7 related to improvements to house explosive detection equipment for $25,000 a total of$81,980, 2. Res 20452 approving agreement with Matich Corporation for the Northerly Airport Terminal Access Roadway Security Reconfiguration, subject to FAA approval for $1,667,627. AIP35, CP02-06, A4553. Revised to $1,627,627. 3. Res 20453 approving purchase order with Birdair, Inc for purchase and installation of a fabric roof passenger protection structure; and authorizing the Executive Director — Airports to approve Change Orders up to 2.5% of the total contract price of $148,625. AIP-35, CP02-06. 4. MO 7143 authorizing the City Manager to enter into appraisal services professional agreements through the end of calendar year 2002 for a total of $60,000. 5. MO 7144 approving final agreement with Sirsi Corporation for an integrated library computer system, to include software maintenance costs for a total contract amount of$149,222. A4496. 6. MO 7145 approving agreement with Palm Springs Unified School District to provide a full time police officer at the High School campus and the Ramon Academy for a term of three years, expiring June, 2005 for $75,624.92 annually. ' A4554. Mills abstain. 7. See Extended Consent Agenda. 8. MO 7146 approving agreement with the City of Palm Desert accepting contribution of $10,000; and MO 7147 approving agreement with the City of Council Minutes 09-04-02, Page 3 Indian Wells accepting contribution of $2,000 toward the purchase of two blown- glass sculptures by Dale Chihuly, to be located around the fountain in the Sonny Bono Concourse at the airport. A4555, A4556. 9. MO 7148 ratifying approval of agreement by City Manager to DBX, Inc for the Indian Canyon Drive two-way modification project, Bid Schedule A, for $612,090.50. A4550. 10. MO 7149 approving the Disadvantaged Business Enterprise Program for Federal Highway Administration funded project in Federal Fiscal Year 2002-03. 11. Res ----- making findings pursuant to Section 33445 of the California Health & Safety Code relating to a Disposition and Development Agreement to effectuate the construction of a vacation ownership resort on South Palm Canyon Drive in Merged Project Area #1. See CRA A. Cont to 9/18/02. 12. Res ----- concurring with the Community Redevelopment Agency regarding the approval of a Disposition and Development Agreement with SCHLPS, LLC. See CRA A. Cont to 9/18/02. 13. Res 20450 and 20451 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 979204 Business Client 979348 979351 Reller-Spurgin 979337 Spurgin Spouse EXTENDED CONSENT AGENDA: 7. INLAND CRACKDOWN ALLIED TASK FORCE Recommendation: That the Council approve an agreement with the State of California Bureau of Narcotics Enforcement (BNE) for continued participation in the Bureau of Narcotics Enforcement's Inland Crackdown Allied (INCA) Task Force, term to December 31, 2003, with option of an additional three years. A---- Councilmember Oden requested the City Attorney and the Police Advisory Committee review the agreement prior'to City Council consideration. Councilmember Hodges requested clarification as to when staffing would start. City Manager withdrew the item. Council Minutes 09-04-02, Page 4 ' PUBLIC HEARINGS: 14. TTM 28087—JAMES F. GOLDSTEIN - EL DORADO Recommendation: That the Council reconsider and reapprove Tentative Tract Map 28087, subject to conditions, with James F. Goldstein of El Dorado Limited Partnership to subdivide the existing 377 space El Dorado Mobile Country Club for condominium purposes, located on 50.65 acres at 6000 East Palm Canyon Drive, W-R-MHP and R-MHP zones, Section 29. City Attorney reviewed the staff report and gave full history and background of the item and added that a revised Resolution is provided for Council consideration; that there are certain letters that have been received that should be made a part of the record, see copy on file in Office of the City Clerk; that some previous conditions of approval have been deleted due to the outcome of the Court decision; that the Court did order that the Council conduct this hearing, take testimony and approve the revised Resolution; that there is legislation pending that may help Parks in the future, but in this case is too late; that it is hoped that the statutory process will be corrected so that local governing bodies will have the authority vested in them to assist in the conversions; that staff will continue to monitor the conversion; that there is concern by the staff related to the proposed conversion, but that at this point there is limitations on the decision that can be imposed. ' Mayor declared the Hearing open. Milton Flack, Palm Springs, read prepared statement, copy on file in Office of the City Clerk. Douglas Cultice, Palm Springs, read prepared statement, copy on file in Office of the City Clerk. John Neete, Lake Elsinore, reviewed an appraisal dated August 30, 2002, copy on file in Office of the City Clerk. Latifa Litzner, Ramon Mobile Home Park, expressed support of the resident's efforts of El Dorado Mobile Home Park. Pat Bell, Indian Springs Homeowners Association, expressed support of the resident's efforts of El Dorado Mobile Home Park. Sue Lofton, applicant's attorney, stated that the requested resolution be revised to include the work final in Section 8; that in 1993, Mr. Goldstein was approached by the residents and the City to participate in a feasibility study of the conversion and was encouraged to move ahead; and that the wording in the report and resolution of"sham conversion" is strongly objected to. ' Frank Tysen, addressed issues of item CRA B. There being no further appearances, the Hearing was closed. Council Minutes 09-04-02, Page 5 City Attorney requested the printed comments and the appraisal be made a part ' of the record. City Clerk concurred. Councilmember Hodges stated that the Council did make the right decision; that it is unfortunate that the legal system does not back the findings; that it is hoped with the pending legislation, this type of case will not happen in the future and that it may be that El Dorado may benefit if the legislature is passed in a timely manner. Councilmember Mills questioned if the appraisal included Homeowner Association fees. Mr. Neete stated it did not; and that the inclusion is a fairly extension study. Councilmember Ocien stated that the Council did make the right decision; that the current law is incorrect; that work is being conducted to change that law, but it will happen in the future; that some say this is not a sham conversion, but it does look like it; that there are times when one must take a stand against a law that is wrong, that when doing so resolve is strengthened; that if something is right, then it is right and that although the Court has ordered otherwise, he can not personally support changing the original resolution and will have to oppose the revision when presented. ' Resolution 20454 as revised was recommended; after which, it was moved by Hodges, seconded by Mills and carried by the following vote, that R20454 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. 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. Mayor requested RSVP's be given by Members of the City Council for the event planned on September 11, 2002. Councilmember Hodges requested a study session item for renaming the Palm Springs Stadium to Angel Stadium be scheduled. LEGISLATIVE ACTION: 15. CITY COUNCIL REVIEW OF BUREAU OF LAND MANAGEMENT — DRAFT ' CALIFORNIA DESERT CONSERVATION AREA PLAN AMENDMENT FOR THE COACHELLA VALLEY AND THE DRAFT SANTA ROSA AND SAN JACINTO MOUNTAINS TRAILS MANAGEMENT, PLAN Council Minutes 09-04-02, Page 6 Recommendation: That the Council provide comments regarding the above documents and authorize transmittal of the comments to the Bureau of Land Management. Director of Planning & Building reviewed a draft letter, copy on file in Office of the City Clerk. Councilmember Hodges stated that the City position against the Big Horn Sheep is confusing; that the Bighorn Institute are the experts and that if conditions are added to the Bighorn Institutes recommendations, support can not be given. Councilmember Mills stated that there is a lot of controversy over who is the expert on Big Horn Sheep; that it is difficult to get any information from the Institute; that when asked for any reports or details, refusal is given; that until everyone is provided the Institutes basis of information, one can not assume it is the expert; that sheep are killed down valley due to the Highway; that development is allowed in those areas, but not in Palm Springs; that it is clear there is a problem with the recovery of the Sheep, but there are so many theories, one does not know which is right; and that the City of Palm Springs is entitled to have its development treated on an equilivant level of other Valley Cities. Mayor questioned the authorization of the latest release of Sheep by the ' Institute. Director of Planning & Zoning stated that the authorization of release of Sheep within the City of Palm Springs was not requested, rather the Institute just did it; that of the three released, it has been reported that two were killed by predators and one was recaptured and brought back to the Institute; that there is little current information available on the releases, habitat or projections of the Institute; that staff has been given the understanding that any development on the hillside would be opposed; that typically when information is requested from the Institute, if something is received, it is given in raw data and difficult to interpret. Mayor stated that the City has a goal to develop its land; that when it is faced with obstacles, it is difficult; that the City should be dealt with equally with other Cities; that the last release was not considered by the City or by the Tribal Council; and that there are concerns that should be addressed by the Institute that should prompt information to be given in a timely basis. Director of Planning & Zoning stated that the Tribal Council did in fact have concerns and recommendations that do parallel the City's. Minute Order 7150 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote, that ' MO7150 be adopted. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: None. Council Minutes 09-04-02, Page 7 16. 2001 CALIFORNIA CODES AND 1997 UNIFORM CODES ' 2001 CALIFORNIA BUILDING CODE 2001 FIRE CODE Recommendation: That the Council declare express finding pursuant to California Health & Safety Code Sections 17921, 19722, 19751, 17958, 17958.5, 17958.7 and Title 24 of the California Administrative Code that certain local conditions require amendments, additions and conditions to the California Building Code Standards. City Manager reviewed the staff report, no further report was given. Resolution 20455 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, that R20455 be adopted. City Clerk read Title of Ordinances as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA BUILDING CODE WITH APPENDICES CHAPTER 3, DIVISION IV, 4 DIVISION II, 12, DIVISION IIA, 15, 18, 31 DIVISIONS II AND III, 33 AND 34, DIVISION III. THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA ELECTRICAL CODE, AND THE 1997 EDITIONS OF THE UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT ' OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND THE UNIFORM ADMINISTRATIVE CODE and AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02, ADOPTING BY REFERENCE THE "2001 CALIFORNIA FIRE CODE" INCORPORATING AND AMENDING THE 2000, UNIFORM FIRE CODE VOLUMES 1 AND 2, INCLUDING ALL SUPPLEMENTS AND APPENDICES THERETO WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS after which; it was moved by Oden, seconded by Hodges, and unanimously carried, that further reading be waived and the Ordinances be introduced for first reading. 17. NEIGHBORHOOD TRAFFIC CALMING PROGRAM COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council adopt the Neighborhood Traffic Calming Program and amend the Comprehensive Fee Schedule to provide for a traffic , survey fee. City Manager reviewed the staff report and added that the program had been discussed in detail during the past Study Sessions. Council Minutes 09-04-02, Page 8 ' Minute Order 7151 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7151 be adopted. Resolution 20456 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20456 be adopted. 18. CITY ATTORNEY SERVICES Recommendation: On August 28, 2002 Council continued this matter to consider approval of an agreement with Burke, Williams & Sorenson, LLP to provide City Attorney services for a term ending fiscal year 2003-04. A4557. Councilmember Oden stated that the recommendation would not be supported; that the service has come up several times in the Community; that the perception is that the City Attorney functions as a deal breaker; that those issues have been discussed with the City Attorney; that the City is trying to put forth an image as business friendly; and that with changes, the City's image would be enhanced. Councilmember Mills stated that some of the points of Councilmember Oden are understandable, but that the City Attorney moves at the direction of the Council; that changing the position of City Attorney is difficult; that there is a history with this City Attorney that can not be replaced; that it is the responsibility of the Members of the Council when problems come up to address them; that there is the responsibility to instruct and evaluate the employee; that standards are given so that the employee has guidelines and-that if those guidelines are given to the City Attorney, it is felt there will be compliance. Mayor stated that the City Attorney has performed in the way that the Council has allowed him to perform; that it is up to the Council to evaluate the performance; that the City Attorney is available at anytime for the evaluation; that the Attorney's position is not easy; that the Council establishes the perimeters and then the staff has to carry out the instructions; that this employee has institutional memory, is of great caliber and is of advantage to the City; that in fact, the Council has changed to role of the Attorney to be the City's negotiator; that any negotiator will have adversaries; that the Attorney does bring to the Council the best possible deal for the City; that the job of the Attorney is not to make friends, but about making the best deal for the City; and that when something is not being done right, it is the responsibility of the Members of the Council to voice instruction for correction. Minute Order 7152 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and carried by the following vote that MO7152 be adopted. ' AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. Council Minutes 09-04-02, Page 9 19. ADDITIONAL LEGISLATIVE ITEMS: None. , ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested a request be sent to CalTrans to slurry seal Vista Chino; and that repainting of curbing and replacement of reflectors on city streets is needed. b) Councilmember Oden requested a report on the type of information sent to the Community and the School District concerning recreational programs and requested the Council be provided copies of materials with report; that a report on status of Uptown/Downtown vacancies is needed to include a listing of what is opening and/or closing; and that cleanup of Frances Stevens Park due to shopping carts and policing of public drinking in same area should be conducted. PUBLIC reports or requests STAFF reports or requests ' ADJOURNMENT: There being no further business, Mayor declare the meeting adjourned. PATRICIA A. SANDERS City Clerk