HomeMy WebLinkAbout3/20/2002 - STAFF REPORTS (3) CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 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, February 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
Richard Drasen, New Thought Center-Religious Science.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 1, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: Shriners — Burn Awareness Week
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 6:
Jed, Chelsea and Shelby Wallbrecht, no address given,
Donna Martin and son, Eric, no address given
Wes Wallbrecht, no address given,
Ron Bundy, Cathedral City, for item 6.
Douglas Crawford, no address given.
Officer George Palomares, Palm Springs Police Department, stated that PAL offers after
school and summer activities for the youth; that Item 6 is one of the proposed programs
and requested approval of the item.
The following persons spoke in support of Item 20:
Kurt Haggstrom, 2063 Ramitas
Trevor Thorpe, Palm Springs High School Honor Student
Kenneth Haggstrom, 591 W. Stevens
Charlie Asamo, 1120 Tiffany Circle North
Syl Whitaker, 2092 Sandalwood Drive
Nancy Fitzgerald, 555 Via Lola
Bill Kimstle, 3155 E. Ramon Road #808
Carol Albert, 280 Avenida Caballeros #203 14
A
Council Minutes
02-06-02, Page 2
Denny Lueneburg, 102 B East Palm Canyon
B. Ursula Dunn, 319Overlook Road
Michael Stewart, 505 S. Farrell Drive M74
Norman Williams, 2630 Anza Trail
Jerry Thorpe, 38365Maracaibo Circle West
Jim Hicks, 3706 Bogert Trail
John Laslo, 3674 Bogert Trail
Jayne Behman 587 Camino Sur
Bill Greener, no address given
The following persons spoke in opposition to Item 20:
Marshall Gelfand, 611 Linda Vista Drive
Martin Mueller, 2177 Bob O'Link
Rich Roellig, 555 W. Baristo, unit C-8
Harold Matzner, no address given
Shirley Waite, 555 W. Baristo
Judith Messner, no address given
Eddie Burdogo, no address given
Palm Jung, no address given
Mike Price, no address given
Jan Darling, no address given
Lou Moralez, Member of Tennis Club
The following persons spoke in opposition to Item 22 based on a 2-hour limit:
Cameron Kelley, 2626 Cypress Road
David Lynch, no address given
Joy Meredith, Main Street President
Suzanne ?, no address given
Alan Bordeaux, no address given
John Wessman, 155 South Palm Canyon
The following persons spoke in favor of a parking structure and addressed problems with
parking in the downtown corridor:
Phyliss Silver, no address given
Ilene ?, no address given
Alene Banagan, no address given
Jessie Danner, Palm Springs
The following persons spoke on matters not on the Agenda:
Nancy Stuart, representing the Palm Springs Aerial Tram, invited the Community to use
the Tram for a getaway and as a meeting destination area.
Dolliah the Black Dahlia, no address given, expressed appreciation to the Council for the
vouchers given to cover the costs of getting a wedding dress cleaned; and expressed a
willingness to donate a television for use in the Large Conference Room.
Robert Van Etten, read a prepared letter regarding building code violations at the Colony
El Mirador; and requested response from the City addressing the current situation.
Council Minutes
02-06-02, Page 3
Howard Field, Colony of El Mirador, stated that procedures are not being following in the
City's Building Department; that Certificates of Occupancy are being issued untimely;
that many who live at the Colony are under stress due to the situation and requested
justice for all.
Jim Stuart, Commercial Real Estate Broker, stated that other Communities in the Valley
do have free parking; that valet parking in the City lots is not right; that something does
need to be worked out with Wessman; and that the Palm Springs Economic
Development Partnership supports the Gloriette Apartment project.
Comment regarding Item 14:
Miles Barrett, Palm Springs Economic Development member and resident urged support
of the Gloriette Apartment project; and added that rental apartments are needed in the
City.
APPROVAL OF CONSENT AGENDA:
It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, Mills
abstaining on Item 8, that Items 1 thru 13 be adopted.
Review by City Manager of Consent Items to be clarified.
Councilmember Mills questioned if the warranty period of one year would come before
the maintenance agreement was implemented regarding Item 10.
Assistant City Manager stated that the maintenance agreement would start preceding
the full year warranty.
Councilmember Oden stated that regarding Item 12, Mr. Jones had previously
designated the Palm Springs Youth Center as the charity of choice.
City Manager stated that Mr. Jones would send a letter to the City with the designation.
In answer to questions by Council, Assistant City Manager stated that Item 5 was
approved by the Airport Commission; that the funding will include extra training for
airport security; that the funding is budgeted for Item 7 in the safety augmentation fund;
that Item 9 will be funded by the FAA; and that Item 10 will be for exclusive use at the
airport to start with, and reviewed to see if the Community use can be implemented at a
later date.
1. Approval of Minutes of August 1, December 5, 2001 and January 2 & 16, 2002.
2. MO 6999 waiving informalities with the apparent low bidder and awarding
contract to Bond Blacktop, Inc., for the 2001-02 Annual Slurry Seal Program,
Schedules A, B and C for$290,061.22. CP01-23. A4444.
3. Res 20264 approving Parcel Map 29631 for Sanborn A & E representing CS31F
Partnership to divide property located at 100 Gene Autry Trail North and 200
Gene Autry Trail South. APN 677-280-034 and 677-170-011. T4S, RSE, Section
18.
Council Minutes
02-06-02, Page 4
4. MO 7000 approving Amendment 2 to A4372 with PAC West Landcare Inc to add
annual landscape maintenance services for the City's Parkway Maintenance
District 9, known as Flora Vista, for$14,196. Total contract amount $940,397.
5. MO 7001 approving a proposal from the American Association of Airport
Executives (AAAE) to provide and conduct an on-site training seminar regarding
aviation security for law enforcement officers for Palm Springs Police Department
and the Department of Aviation personnel for$30,000. A4445.
6. MO 7002 approving a lease agreement with Palm Springs Police Activities
League for use of City property for the creation of a Bicycle BMX Program (off
road bicycles) located on a parcel of land east of the City's wastewater treatment
plant. A4446.
7. MO 7003 approving the purchase of a drug detection dog for use at the Palm
Springs International Airport for a startup cost of $10,576; and annual cost of
$5,702.
8. MO 7004 approving Amendment 1 to A4378 with Ninyo & Moore for special
inspection services related to the expansion of the Airport fire station for$20,000.
Total contract $40,000. Mills Abstain.
9. MO 7005 approving the purchase from Ramsey Street Ford of 1 CNG powered
passenger van through the County of Riverside contract for$27,950.35; and
MO 7006 approving the purchase from Downtown Ford of 1 crew cab pickup
truck through the State of California contract, for $27,604.47. Total purchase
amount $55,554.82.
10. MO 7007 approving the purchase from Visionics Corporation of an electronic
fingerprint machine for use at the Palm Springs International Airport through the
CMAS schedule for$62,554.90.
11. MO 7008 ratifying City Manager approval of a Tolling Agreement (on file in Office
of the City Clerk) with Peck Shaffer & Williams, LLP regarding the Internal
Revenue Service audit of the 1991 Bond issue for the Palm Springs Assisted
Living Center. A4447.
12. MO 7009 authorizing the release of $8,460 of former Councilmember Jones'
accrued salary to the charity of his designation to be received in writing.
13. Res 20265, 20266 and 20267 approving Payroll Warrants and Claims &
Demands.
EXTENDED CONSENT AGENDA: None
Council Minutes
02-06-02, Page 5
PUBLIC HEARINGS:
14. APPEAL— GLORIETTE APARTMENTS
Recommendation: That the Council consider an appeal of the Planning
Commission decision of Case 3.2103, Architectural Approval, for the
development of a 206 unit apartment project with a 1,800 square foot community
facility on a 8.89 acre parcel located at the northeast corner of Hermosa Drive
and Amado Road, R-4 zone, Section 14. Applicant: James Smagala.
Appeallant: Peggy Redmon, Greenhouse East Homeowners Association.
Director of Planning & Building reviewed the staff report; and added that a 10
percent reduction in parking is requested, and reviewed the visual site plans on
display in the Chamber.
Councilmember Mills questioned if there would be prohibited parking on both
sides of the street.
Director of Planning & Building stated that there would be no parking on streets
adjacent to the property to allow for better circulation of the site, and that street
parking would be available across the street from the project.
Councilmember Mills commented that the Planning Commission did include three
areas of concern with the conditions of approval; that the recommendations were
for the developer to consider creating a children's play area north of the main
pool area, increased parking onsite, and for the developer to meet on a quarterly
basis with representatives of each Homeowner's Association; and questioned if
the recommendations were included in the conditions being presented to the
Council.
Director of Planning & Building stated that the recommendations should be
included in the conditions.
Mayor declared the Hearing opened.
Peggy Redmon, appellant, stated that there is concern on the analysis by the
developer that was not included in the Council's materials; that the memo is
dated January 4, 2002 and was sent to the Director of Planning & Building and to
the applicant; that the last sentence deals with jurisdiction of the Tribal Council
over the project; that the Tribal Council approved the project in December, 2001;
that with its approval, regardless of any City Council action, the approval will
stand; that there is a concern that this process is futile; that it is hoped that the
Tribal Council has approved the concept, not the project itself; that the
Community believes that the final decision maker is the City Council; that there
have been many letters written to the City Council regarding the project; that the
concerns range from appearance to how the project will fit into the existing
neighborhood; that it simply does not fit; that the traffic study was not expanded
to show the additional vehicle usage on Hermosa; that at the top of the 3-story
building recreational purposes will be used; that there is the possibility that a
viewing area will become an attractive nuisance for the children living in the
building; and that the Council is urged to uphold the appeal.
Council Minutes
02-06-02, Page 6
Betsy Ross, Realtor, stated that recently a condominium was shown adjacent to
the proposed project; that the potential buyers did not buy due to the concern of
the apartments being built next door, and added that if the development curtails
resale of the adjacent properties, there will be concern.
George Klauss, stated that the Gloriette Apartments is bad development.
Nic Paask, no address given, stated that the proposed apartments just do not fit
the area; that the charming image of Palm Springs should be maintained and that
approval will result in population pollution.
Robert Fey, realtor representing the sublessor and sublease of developer, stated
that the Planning Commission did address all the issues in the appeal; that the
developer went so far as to complete studies that were not required; that the
Tribal Council did approve the project; that the approval was without any
conditions; that the project is not built out to maximum density; that the project is
a right of zone; that there are no changes being requested to the right of zone;
that the process has taken 13 months; and that the Council should stand behind
the Planning Commission approval.
Oliver Godfrey, Adjunct Professor COD, stated opposition to the project, and
added that if the Council did approve the project, the approval should be based
on eliminating the third story, a requirement to use earth tones and pastels on the
exterior, that the entry way be expanded to a wider road, and that a play area be
designed for the children; and that with those caveats, the project may be able to
be worked out.
Councilmember Oden left the meeting.
Unidentified man, expressed support of the appeal; and added that the property
owners at the Greenhouse are citizens concerned with the quality of life in the
City; that there are nine recommendations included in the appeal, that if
approved by the Council, will enhance the project.
James Smagala, Developer, introduced the project team and stated availability
for questions.
Mayor declared the hearing closed.
Councilmember Oden re-entered the meeting.
Mayor requested an explanation of the issues when dealing with reservation land
and the levels of authority.
Director of Planning & Building stated that the Tribe has authorized the City to
exercise land use on tribal land; that all projects go through the City processes;
that an aggrieved party may appeal the decision of the City Council to the Tribal
Council; that a joint meeting is held to hear the appeal between the two Councils
and an ultimate written decision is made by the Tribal Council; and added that
there have been only 20 appeals filed since the agreement of 1977,
Council Minutes
02-06-02, Page 7
In answer to questions by Councilmember Oden, Director of Planning & Building
stated that right of zone is the land use that is permitted in the zoning ordinance;
that the density for the zone was established in the 1980's and reaffirmed in the
1993 General Plan Update; that the process of approval for this and like projects
is the project is reviewed by the Development Committee, which includes fire,
police, engineering and design review; the project is then forwarded to the
Planning Commission for consideration; that the major concern in this project,
seems to be regarding traffic; that the Greenhouse Project was approved in the
mid-1970's; that the zoning was established shortly thereafter; that the Tribal
Council and Tribal Planning Commission usually do approve projects prior to the
Planning Commission; that a letter of support from the entities was submitted in
support of this project; that if this project was on fee land it would still comply with
R-4, right of zone issues; that the aesthetics of the project were of concern given
at the testimony on the Planning Commission level; that those concerns were the
number of buildings, size and density of buildings; that the concern regarding
traffic on Hermosa will be addressed when the street is widened; that the traffic
study did review each intersection and that the findings were the roadways would
handle the traffic.
Councilmember Oden questioned if Amado and Hermosa would have signals.
City Engineer stated that there was not plan to signal the intersection; that there
is one traffic signal proposed at Amado and Caballeros, to include the developer
to pay its fair share of the cost.
Councilmember Oden questioned if the entry way would include a 4-way stop; if
there were amenities for children; if roof top viewing areas were included; the
colors of the project; and if there were policies in place that regulated colors.
City Engineer stated that the item could be reviewed, but was not specifically
recommended in the traffic study.
Director of Planning reviewed the site plans located in the Chamber and added
that the Planning Commission did condition that the amenities be brought back
for Planning Commission consideration; that generally speaking, the colors
proposed on a project are viewed as a range; that the past practice of the City
was to approve basically ivory and brown; that most of the time colors are refined
during the development of the project.
Councilmember Oden stated that the project is a right of zone and that there may
be consequences if the project is denied.
Councilmember Reller-Spurgin left the meeting.
City Attorney stated that any denial must be justified; that the reason the matter
is before the Council is to review any amenities of the project.
Councilmember Mills requested clarification of the General Plan amendment
process.
Council Minutes
02-06-02, Page 8
Director of Planning & Building stated that the amendment was made to address
density issues in Section 14; that the Agua Caliente Band of Cahuilla Indians did
request the zone densities to be upped; that in the 90's, a workshop was held
and that Section 14 areas had not been real active.
Councilmember Reller-Spurgin re-entered the meeting.
Director of Planning & Building stated that the Master Plan for Section 14 is
slated to be released by the Tribe soon and does, in fact, have higher density
than the rest of the City.
Councilmember Mills questioned the zoning for the area across the street from
the project.
Director of Planning & Building stated R4.
Councilmember Mills stated that the project is in compliance of a R4 zone; and
that the visual impact should not be that great from street level.
Mayor questioned how the units are air-conditioned and the location of the
compressors and whether the trash enclosures included bins for recyclables.
Lance, representing the developer, stated that the air conditioners are internal
units with the air compressors located by way of heat pump in closets on the
balconies and that the bins for recycled products would be within the trash
enclosures.
Mayor questioned if the number of parking stalls were reduced by using compact
stalls.
Director of Planning & Building stated that there would be a combination of
traditional and compact stalls.
Mayor questioned if parking would be allowed on both sides of the street.
Director of Planning & Building stated that Engineering did not recommend the
parking, but that it would be allowed on the other side of the street; that the issue
of no parking had to do with the intersection and driveway visibility.
Mayor stated that other smaller unit housing projects typically had more
amenities and questions if the amenities would be further reviewed by the
Planning Commission.
Director of Planning & Building stated that the Council could make specific
directions in the motion; that on the daycare issue, the City has requested that
type of amenity in the last two affordable housing projects, but that this particular
project is market rate rental housing units.
Mayor stated that the colors of the project may be too strong; that the proposed
colors are subject to fading in the desert sun; that Palm Springs is eclectic in its
architectural taste; that architectural style is typically not mandated; and that the
height of the buildings is not of concern, due to the distance of proximity of other
buildings.
Council Minutes
02-06-02, Page 9
Councilmember Oden stated that personally he has no problems with the
proposed colors; that concerns have been expressed due to the fear of reduction
of property values for adjacent property owners; that development in a
Community does happen and can happen with a positive relationship; that the
City does need housing as we grow and that good Community relations need to
be fostered as the City enhances growth.
Motion to prepare a resolution to uphold the Planning Commission decision with
conditions to include resetting of colors and additional landscaping at street side
with similar characteristics of Greenhouse East, for the February 20, 2002
meeting was presented; after which, it was moved by Mills, seconded by Oden,
and unanimously carried that the motion 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:
15. ORDINANCE FOR SECOND READING &ADOPTION (Intro 1-16-02)
City Clerk read Title of Ordinance 1606 as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM
W-R-2 (WATERCOURSE AND LIMITED MULTI-FAMILY RESIDENTIAL ZONE)
TO W-C-1 (WATERCOURSE AND RETAIL BUSINESS ZONE) LOCATED ON
MATTHEW DRIVE, EAST OF CHEROKEE WAY AT 4601 MATTHEW DRIVE,
W-R-2 ZONE, SECTION 30.
After which it was moved by Oden, seconded by Reller-Spurgin and unanimously
carried, that further reading be waived and that Ordinance 1606 be adopted.
16. COMPREHENSIVE FEE SCHEDULE AMENDMENT — AIRPORT VEHICLE
IDENTIFICATION PROGRAM
Recommendation: That the Council amend the comprehensive fee schedule
R19757, for the Department of Aviation to reflect costs related to the issuance of
Airport vehicle identification permits at the Palm Springs International Airport.
Resolution 20268 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried that R20268 be
adopted.
Council Minutes
02-06-02, Page 10
17. COMPREHENSIVE FEE SCHEDULE AMENDMENT — AIRPORT
IDENTIFICATION BADGES
Recommendation: That the Council amend the comprehensive fee schedule
R19757, for the Department of Aviation to reflect costs associated with the
issuance of airport identification badges at the Palm Springs International Airport.
Resolution 20269 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20269 be
adopted.
18. CLOSED SESSION MEETING TIME
On January 16, 2001 Council directed staff to prepare a Resolution changing the
time for Closed Session to start at 5:00 p.m., preceding its regular meeting.
Resolution 20270 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20270 be
adopted.
19. DOCUMENT EXECUTION AUTHORIZATION
Recommendation: That the Council rescind Resolution 14756 and approve
authorizing the City Manager and other City Officials to execute certain
documents on behalf of the City.
City Manager stated that the authorizations recommended follow the
Procurement Ordinance previously adopted by the Council.
Resolution 20271 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden, and unanimously carried, that R20271 be
adopted.
20. TENNIS CENTER LEASE
Recommendation: That the Council approve a lease with Kurt & Ana Haggstrom
for the Palm Springs Tennis Center, a city-owned facility located at 1300 East
Baristo Road, for a monthly rental of $750 for the months of September through
May and $375 for the months of June through August. Term commences
October 1, 2001 for 5 years, with two options for a term of two years each.
Director of Redevelopment reviewed the staff report and added that the proposed
lease was with the Council's packet for comment.
Councilmember Oden stated that the issue is not to address the character, work
skills or integrity of the Haagstroms; that in all comments there is nothing but
favorable comments regarding the operators; that much discussion has been
held tonight regarding the operators; that there is a responsibility of the Council
to determine what is best for the City; that the determination includes all the City,
not an individual; that recommendations have been made to allow both proposals
to work together; that the final determination is made on what is viable; that the
City in the past has made subsidies; that some of the groups have never paid
Council Minutes
02-06-02, Page 11
those subsidies back; that the question does come up on whether the
Haagstroms business has been subsidized and by whom and for how long.
Director of Redevelopment stated that the proposed operator is currently
operating at the Hilton; that the business does operate by a license and has been
subsidized by the hotel for the duration of its business, or the last 19 years.
Councilmember Oden questioned how long the lease is with the Palm Springs
Unified School District for the Tennis Center use; and how many different entities
has the Tennis Center been leased to.
Director of Parks, Recreation and Facilities stated that since the 1980's the
Tennis Center has had a number of lessees; that none have been particularly
successful; that in this fiscal year, funds have been budgeted to operate the
Center by the City.
Councilmember Oden stated that the Council does have two proposals before it
for consideration.
Councilmember Reller-Spurgin stated that that one proposal was recently
submitted.
Councilmember Oden stated that the recent proposal was from an initial contact
in March, 2000; that between the two proposals, one is subsidized by the City
and the other offers revenue to the City; and questioned the capital
improvements needed at the Center.
Director of Redevelopment stated that the estimated improvement cost is
$120,000; that funding has been requested from the Agua Caliente Band of
Cahuilla Indians for $50,000; that the remainder of the funding will be at Agency
or City expense; that the other proposer offers to pay up to $100,000 in capital
improvements at its own cost.
Councilmember Oden stated that it is clear that the Haagstroms operated its
facility as a tennis family; that the concept is good for the City; that there is a
win/win/win situation being offered; that should the Haagstroms work with the
Tennis Club group and the Tennis Club work with the City, all parties win; that it
would be irresponsible not to promote the solution; that more courts are needed
for use in the City; it is a tourism asset; that land at Ruth Hardy park is being
addressed for additional facilities and that it would be best to see all parties work
out a winning situation for all.
Councilmember Mills stated that the process had started before his seating on
the Council; that initially there was not a full understanding of the situation; but
that the education has been given; that the City, based on documentation, made
a moral commitment to the Haagstroms in November, 2001; that a commitment
was made to the Ague Caliente Band of Cahuilla Indians during the same time
period; that the City did enter into negotiations with the Haagstroms; that along
the way the Haagstroms were given the understanding that the Tennis Center
lease would solve the problems they were facing; that the solution also solved a
problem for the City; that a current proposal has surfaced within the last few
weeks; that while it is financially lucrative for the City, it would not be morally right
to support.
Council Minutes
02-06-02, Page 12
Councilmember Reller-Spurgin stated that both Councilmembers were right; that
as a Councilmember the right decision has to be made for the City; that not all
are happy with any particular decision, but that as a gate keeper of fiscal
responsibility, it seems a compromise could be made; that a positive attitude is
needed; and that the matter should be deferred to discuss the proposal with all
parties.
Mayor stated that the Council did address the issue in a global sense; that many
knew that the Agua Caliente Band of Cahuilla Indians wanted to expand its
casino; that the Community is aware of the proposed expansion; that in the
beginning, it was thought that the expansion would proceed north; that the
proposal did not work out; that a reevaluation of the area was done; that in the
meantime, the operator the City hired had left the Tennis Center; that we needed
an operator and that the Tribe was moving to acquire property where the Plaza
Racquet Club is located; that negotiations were held between the Tribe, the City
and the Haagstroms; that the intent was to assist the Tribe in the acquisition of
land and assistance would be received to help offset expenses of an operator
that had a proven track record; that the Tribe agreed to provide a monthly
funding to hold the Center open by a commitment of $1,500 each month; that
Council directed staff to negotiate with the Haagstroms for an operating lease;
that reliance has been given by the Haagstroms and the Tribe; that letters
between the Tribe and the City have been signed that were authorized by the
Council; that the financial opportunity being offered by the Matzners is greater,
but that the City negotiated, not based on the cost to operate the Center, but
based on the offering of the quality of life for the citizens and tourists alike; that
the action before the Council is one that is the completion of a year long
endeavor where commitments were made during that period.
Councilmember Oden stated that the letter proposal from Mr. Matzner was dated
March 2001; that the timeline being offered by the Mayor is not recalled; that
there are many questions that are unanswered; that it is the result that is being
offered; that the proposed solution does not eliminate anyone; that it is a working
cooperative; that otherwise the Council is stating that it supports private for profit
businesses; that how things may have started is not the issue, but how things
that work as a collaborative effort for the good of the Community is.
Councilmember Oden stated that the original letter from Mr. Matzner was dated
March 2001; that the letter refers to taking over the lease of the Tennis Center,
with no mention of subsidy.
Councilmember Mills questioned if there were different proposals submitted
during the same time period.
City Manager stated that a problem arose with the operator of the Tennis Center;
that in the middle of the Collas contract, a request was made to terminate the
contract; that the operation of a Tennis Center is highly specialized; that there
were unsolicited offers to operate the Tennis Center submitted by various
operators; that staff was requested to investigate alternatives for the center,
which resulted in the path the Council in on at this time; and that Mr. Matzner has
submitted a differing proposal recently.
Councilmember Oden questioned how did staff perceive Council direction.
Council Minutes
02-06-02, Page 13
Director of Redevelopment stated that staff was involved from the aspect that the
Tribe was involved in the process; that relocation was needed for the Racquet
Club, that the history of the Tennis Center is that the operation requires City
assistance; and that it was the Council goal not to subsidize the operation.
Councilmember Oden stated that his recollection is that staff was directed to find
the best financially responsible position for the City.
Councilmember Reller-Spurgin questioned the monthly cost for maintenance of
landscaping for the Center.
Director of Redevelopment stated approximately $700.00
Councilmember Reller-Spurgin stated that the discussion on the issue can be
made all night; but that what is needed is for all parties to meet and confer on the
issue; that there is no deal being backed out of, and that in light of that, a
subcommittee should be formed, in which her services are offered.
Councilmember Oden concurred with Councilmember Reller-Spurgin.
Councilmember Mills stated that from the history of this issue it appears there is
an agreement; that it may be not a legal agreement, but in the field of endeavors,
it is as good as a handshake; that if the City is not willing to live up to its
handshake, what kind of reputation is being put forth; that it would be best for all
parties to get together, but in fact, that is the Haagstrom's call; and that if the City
could encourage the meeting, it may be beneficial.
Mayor questioned the goal of the subcommittee; that the matter has moved to
the 11`h hour and is now being abandoned; that it is not clear how the City can do
business, then turn around and say it got a better deal; that the issue moved
forward by Council authority; that the Council directed staff to move forward and
they did; and that now the issue is being backpedaled and does send a bad
signal to the people doing business with the City.
Councilmember Oden stated that this is an opportunity to accomplish all issues,
except that it must be done by compromise; that on the one hand it may be
perceived that a deal was made, but that that Council has not formally approved
a lease; that until the Council takes formal action, there is no lease in place; that
it is unfortunate that one party feels that the City has made a deal; but that the
Members of the Council have a responsibility; that the Council should encourage
something be worked out; and that both parties have expressed a love of the
sport; that in October this issue was a part of Section 14 discussions; and that
now there are two parties that could be encouraged to work together for the
betterment of the Community.
Motion to approve the Minute Order as recommended was presented; after
which, it was moved by Kleindienst, seconded by Mills and was recorded as a
lost motion due to the following tie vote.
AYES: Member Mills and Mayor Kleindienst
NO: Members Oden and Reller-Spurgin
ABSENT: None
Council Minutes
02-06-02, Page 14
City Attorney stated that negotiations could proceed with the Haagstroms with
the assistance of Member Reller-Spurgin.
Mayor clarified that the lease as presented is not to Council satisfaction.
City Attorney questioned if the Council desired improved financial terms to the
lease.
Councilmember Oden questioned the proposed rental schedule.
Director of Redevelopment stated that rent is staggered to a reduction status in
off-season; that the Haggstroms would continue to operate the Center, but during
the heat of the summer, there would be no payment.
21. EASTER BOWL
Recommendation: That the Council waive court rental fees at the Palm Springs
Tennis Center for the 351h Easter Bowl USTA Junior National Tennis Tournament
for$3,600; and approve City sponsorship of the event.
Mayor stated that the staff report did not include any recommendations or
comments of the Tourism Department.
Minute Order 7010 and 7011 as recommended were presented; after which, it
was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that
M07010 and 7011 be adopted.
22. MUNICIPAL PARKING TWO-HOUR LIMIT
Recommendation: That the Council re-establish the two hour parking limit in the
City's downtown Municipal Parking Lots for the hours of 8:00 a.m. to 7:00 p.m.
daily.
Councilmember Oden stated that the discussion regarding this matter was
recently held at Study Session; that it seems each time a good program is set up,
the Council ends up as the bad guys; that when the two hour limit was proposed,
it was not known that the owner of the Desert Fashion Plaza would start
charging, and that in light of that fact, the limit should be extended to three hours.
Councilmember Reller-Spurgin concurred with Councilmember Oden and added
that the three-hour limit will encourage people to eat, stroll and shop.
Councilmember Mills stated that it is good that Main Street is on board with the
three-hour limit; that it does seem logical; that it will work as an interim until a
more permanent solution is obtained.
Councilmember Oden questioned when the three-hour would be implemented
and added that it would be best to see the full plan on how the City will
communicate and convey the changes to others.
Council Minutes
02-06-02, Page 15
Assistant City Manager-Operations stated that an implementation plan is set in
place; that the process will start should Council approve the recommendation;
that signage will be in the lots by February 201", and in March actual enforcement
of the limits will start.
Mayor questioned the hours of enforcement.
Assistant City Manager stated that all enforcement would stop at 7 p.m.
Mayor stated that it would be most important for the employees downtown to self-
police in leaving available parking for customers; that the Council is willing to
assist the downtown with the parking problem, but that it is important that
provisions be made for the customers.
Councilmember Oden stated that Ms. Silver was correct in that this is a band aid
for the problem; that until the City institutes a pay for parking plan, the problem
will continue; that other cities, such as Santa Barbara, do have pay for parking
plans and the result is the City can offer incentives for enhancements.
Mayor stated that the downtown is happening; there are always events taking
place that are bringing crowds of people in; and that the Council is merely trying
to find a policy to assist better parking in the downtown.
Councilmember Oden stated that the Community must be informed and
communicated with regarding the issue; that the message should be conveyed
effectively and efficiently.
Councilmember Reller-Spurgin suggested involving the City's Public Information
Officer for dissemination of information.
Mayor questioned if the Council desired to amend the recommendation to a 3-
hour parking limit.
Director of Downtown Development stated that Main Street unanimously
endorsed the 3-hour limit, as did the major employers of downtown.
City Manager stated that the parking "think tank" was formed to address the
parking issues in the downtown; that as a result of the meetings, a downtown
parking structure is being planned; that the recommendation before the Council
is a reaction to the businesses stating there is no place to park.
Councilmember Mills stated that it is worth taking additional time to involve the
Public Information Officer to find ways to get the information out and that flyers
issued with the warnings on violators vehicles could be reviewed.
Resolution 20272 as revised to three hour limit was presented; after which, it was
moved by Reller-Spurgin, seconded by Oden and unanimously carried that
R20272 be adopted.
Council Minutes
02-06-02, Page 16
23. RETIREMENT HEALTH INSURANCE — MEMBERS OF THE CITY COUNCIL
Recommendation: That the Council approve to allow Members of the City
Council who serve minimum periods of time to be eligible to purchase group
health insurance through PIERS Health Plans from the City. No fiscal impact to
the General Fund.
City Manager reviewed the staff report, no further report was given.
Resolution 20273 as recommended was presented; after which, it was moved by
Oden, seconded by Reller-Spurgin and unanimously carried, that R20273 be
adopted.
24. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
25. Treasurer's Investment Report as of December 31, 2001 - Received &filed.
26. Board/Commission sub-committee assignments — see attached list.
PUBLIC reports or requests
STAFF reports or requests
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 20, 2002
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, February 20, 2002, at 5:00 p.m., at which time, the City Attorney announced
items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in
open session.
ROLL CALL: Present: Councilmembers Mills, Oden, Reller-Spurgin, and Mayor
Kleindienst
Absent: None
The meeting was opened with the Salute to the Flag, and an invocation by Reverend
LaVita Dillman — Chapel on the Way
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 15, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: Proclamation for Ed Gallager.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: No Business
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for
the purpose of convening as the Community Redevelopment Agency; after which,
members reconvened as the City Council.
PUBLIC COMMENTS:
Lynne Bushore, Library Board President, stated that there are concerns with safety at
the Library; that part-time security is paid out of the Library Trust Funds; that there have
been many incidents in and around the library; that should the Council approve the
recommended Item 16, it is requested that one camera be mounted to focus on the
library.
Suzanne Sutton, Member of Library Board, concurred with Ms. Bushore, and added that
the best location would be to mount the camera on the stadium to assist in protecting the
patrons of the library.
Dolliah the Black Dahlia, donated a television for use in the Large Conference Room and
suggested that the cameras for Item 16 be reviewed for a less expensive price.
Terry Weiner, downtown merchant, stated that Item 16 should be approved; that three
years ago, his business suffered an attack that has affected all those who were involved
even to the present day; that the cameras may have been a deterrent; that it is not an
intrusion on privacy, but a health and safety issue.
Council Minutes
02-20-02, Page 2
Robert Van Etten, 1379 Barrymore Place, stated that he did appear two weeks ago
before the Council with a request for response; that no response has been received; that
assistance is needed from the City to address the building violations of Bergheer and
that the homeowners are in need of the City's help.
Thomas Van Etten, 1379 Barrymore Place, stated that the recent Desert Sun editorial
addressed ethical and moral issues of the Council; that elected officials represent all the
people, not a chosen few; that there is concern of singling out the gay community; that
there may be civil rights litigation; and added that the City is the people, and that the
time in elected office will come to an end.
Rick Combs, 1245 Colony Way, stated that there are too many problems to go into detail
on what Bergheer has not addressed; that the builder has not performed; that the
common areas have liens filed; that faithful buyers are being chased away and that the
homeowners need to know what the City has planned and how the problems will be
addressed.
Howard Field, stated that it is frustrating that no answer is made to the homeowners of
the Colony of El Mirador; that all the homeowners hear from the Council is silence; that
there have been questions asked; that there is even another project by the developer
being proposed to the City; that liens have been levied on the properties by contractors
that have not been paid by Bergheer; and that the Council is requested to do something
to help the homeowners.
Gary Joyce, no address given, Item 17, stated that there was not prior notice given to
him regarding the meeting; that the Department of Planning used incorrect plot plans
that require certain unfair improvements; that the colors being used may be somewhat
unusual, but are in conformance with the rest of the City; that landscaping issues have
been addressed; that there are many changes being unduly requested; that the paving
and parking conditions are the same as when CalTrans owned the property; and that the
condition regarding water has already been addressed by Desert Water Agency.
David Wench, Palm Springs, stated that the cameras are an excellent idea; that all need
to feel secure in the City; that the Police Department does need tools to do their job; that
the downtown parking report is inadequate; that the report did not address the Wessman
issue; that the issue regarding the Tennis Center is of concern; that when one deals with
the City and is led to believe that a deal is made and is not, it is of concern; and that all
facets of the Tennis Center should be addressed including financial issues.
APPROVAL OF CONSENT AGENDA:
It was moved by Oden, seconded by Mills, and unanimously carried, that Items 1
thru 8 be adopted.
Review by City Manager of Consent Items to be clarified.
Councilmember Oden questioned the status of completion on Item 4; and added that
flashing signals for crosswalks at Miraleste would be good for the school; and that the
area at Avenida Caballeros for Junior High School crossing also should be looked at.
Councilmember Mills questioned which side of the street would have the beacons.
City Engineer stated both sides of Racquet Club at the cross walk.
Council Minutes
02-20-02, Page 3
Councilmember Mills stated that the property owner should be informed as to the
incoming crosswalk signals.
Councilmember Oden clarified that the signal would be located adjacent to the street
light pole.
Councilmember Mills requested a breakdown of the $200,000 for Item 1.
City Manager stated that Palm Springs was the first City in the Valley to approve keeping
the airlines here; that the action is based on the City taking a lead in a significant step.
Assistant City Manager stated that the funding is broken down by Palm Springs and
Palm Desert each contributing $50,000; that Indian Wells is at $25,000, and Rancho
Mirage and La Quinta at $20,000, all other Cities, including the County contribute
$5,000; and that if anyone fails to contribute, the CVA balances the remainder.
1. MO 7012 approving payment of $50,000 as the City's fair share of American
Airlines Summer 2002 Air Service guarantee.
2. MO 7013 approving Amendment 1 to A4235 with John R. Trueblood for
architectural services related to the expansion of the airport fire station for
$10,000. Total contract $76,000.
3. MO 7014 approving the purchase from Canon Business Solutions-West, Inc for
one high-speed digital copier for $49,097.37 and one digital color copier for
$40,581.88 via the State of California Multiple Award Schedule (CMAS) for a
total cost of$89,679.25.
4. MO 7015 approving Change Order 3 to A4375 with Commercial Diversified Inc.,
for repair of the Palm Canyon Theater located at 538 North Palm Canyon Drive
for$2,087.08. Total contract$289,577.47. CP00-20.
5. MO 7016 approving contract with Sierra Pacific Electrical Contracting for the
Racquet Club Road pedestrian beacons for$31,200. CP00-24. A4449.
6. Res 20274 ratifying Council approval of February 6, 2002 of Case 3.2103 for the
development of a 206 unit apartment project, known as the Gloriette Apartments,
located at the northeast corner of Hermosa Drive and Amado Road, with
conditions.
7. MO 7017 approving a lease agreement with A & J Palmas Limited Partnership
for a police office to be located at 559 S. Palm Canyon at no cost to the City and
for a term of one year. A4450.
8. Res 20275 and 20276 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Reller-Spurgin 972980 Spurgin Spouse
973139
Mills 972850 C. Kell-Smith Business Related
972992 Tenet
EXTENDED CONSENT AGENDA:
Council Minutes
02-20-02, Page 4
PUBLIC HEARINGS:
9. MESA DRIVE AND CAMINO CARMELITA RIGHT-OF-WAY VACATION
Recommendation: That the Council approve vacating a portion of the right-of-
way dedicated for the public streets named Mesa Drive and Camino Carmelita,
Section 27, T4S, R4E. File R 01-019.
Director of Public Works/City Engineer reviewed the staff report; and in answer to
question by the Mayor stated that the only vacation is excess street.
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Resolution 20277 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills and unanimously carried, that R20277 be
adopted.
10. SAN JOAQUIN DRIVE RIGHT OF WAY VACATION
Recommendation: That the Council approve vacating a portion of the right-of-
way dedicated for the public street named San Joaquin Drive. Section 18, T4S,
RSE. File R 01-035.
Director of Public Works/City Engineer reviewed the staff report.
Councilmember Mills questioned with the vacation of the 15 feet was the intent
to separate the property from the street by way of a wall.
City Engineer stated that the wall is on the new property line.
Councilmember Mills questioned if the wall was on the property line, where would
the curb line be located.
City Engineer stated that the curb line is located 18 feet from the center of the
street and that the property line is located 25 feet from the center of the street.
Councilmember Mills questioned if the remaining area would be landscaped; that
it is recalled that the Planning Commission did remove the sidewalk; that there
will be about 7 feet left that will need to be maintained; that there is a benefit to
the property owner to gain 15 more feet of developable area; that the City does
need to be sure that there is adequate room between the wall and the curb for
landscaping and that the City does not want to create a problem for the single
family residence on the east side of the street.
City Engineer stated that the City could do a conditional vacation to include the
landscaping.
Mayor stated that it might be that the Planning Commission should review the
landscaping plans.
Director of Planning & Building stated that the landscaping plans could be
reviewed.
Council Minutes
02-20-02, Page 5
Mayor declared the hearing open; there being no appearances, the hearing was
closed.
Mayor questioned the zoning of the property.
Director of Planning & Building stated that the Palm Springs side is a subdivision
map with industrial subdivisions; and that the landscape buffer is required 20 feet
from the property line.
Mayor stated that the concern is that the adjacent residence front yard does not
face a six-foot wall with no relief.
Resolution 20278, to include addressing landscaping needs, as recommended
was presented; after which, it was moved by Mills, seconded by Reller-Spurgin
and unanimously carried, that 20278 be adopted.
11. 2002 SERIES A, B AND C MOBILE HOME PARK REVENUE BONDS (Sahara)
Recommendation: That the Council authorize the issuance of not to exceed
$12,750,000 aggregate principal amount of City of Palm Springs Mobile Home
Park Revenue Bonds (Sahara) 2002 Series A, B and C; and authorize execution
of necessary documents. A-----.
City Manager requested the Hearing be open and the matter be continued to
March 20, 2002.
Director of Redevelopment reviewed the staff report and added that the reasons
for the requested continuance is to continue the development of performance to
ensure repairs do get done on schedule; that the financial terms of the deal are
being reviewed to assist in the repair fund; and that the slight delay will result in a
better project overall.
City Attorney stated that there has been much discussion over the agreement in
the past few weeks; that it is important for a specific list of improvements for the
rehabilitation funds be developed; that the City has made it clear that a special
improvement program with specific schedules must be given to the City; and that
time lines for phases of improvements, with enforcement provisions are being
developed.
Mayor questioned the defination of conduit issuer.
Director of Redevelopment stated that the City is the issuer of bonds versa
nonprofit; that when the bonds are issued, a pool of money is created and the
funds are loaned to the developer for use in the repairs.
Mayor questioned if the City has done a like action.
City Attorney stated that the City has participated in several conduit issues in the
past; that as a matter of fact, the City is involved in an IRS audit for one of the
issues at this time; that the City does not want to have the same problems with
this issue as it did the previous one; that the problem was the entity took the
money for the project and used the funds for an entirely different project that had
Council Minutes
02-20-02, Page 6
a private purpose rather than public purpose; and that now the City does want to
control the funds so that there is no question on use.
Mayor questioned if the last issuance was for new housing, and if the City ever
participated with existing housing or mobile home issuance in the past.
Director of Finance & Treasurer stated the last issuance was for a new Assisted
Living Center; and that there has been no participation in the past for existing or
mobile home conduit issuance.
Mayor declared the hearing open.
James Roundtree, 236 Safari, President of the mobile home park association;
stated that the park residents do endorse the project; that meetings have been
held with the developer; that the developer has been responsive to questions and
requested approval of the matter.
George Turk, President of Millennium Housing, expressed appreciation for the
support of the residents; and added that the City's additional terms are
agreeable; that the owner of the park is ok with the time table; that it is an
exciting project to renovate an old park; that the existing infrastructure is ready
For replacement; that the goal is to maintain the senior status of the park and
remake the park with new electricity, a new wall around the park and other
amenities; that the bond funds will be deposited with and issued by a Bond
Trustee; and that it is a good path for all involved.
There being no further appearances, Mayor continued the hearing to March 20,
2002.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Councilmembers reported on various civic and community organizational
meetings and events which they attended, subsequent to the last regular
meeting, and announced upcoming events of community interest.
Councilmember Reller-Spurgin stated that an Ad Hoc Committee is being
created to address non-compliance of PM10 issues in Palm Springs and the
Valley.
Councilmember Oden questioned if staff is addressing the issues at the Colony
El Mirador.
City Manager stated that those issues that are within the legal bounds of the City
are being reviewed.
Director of Planning & Building stated that the City is aware of the problems; that
the problems will be addressed; that some of the property owners have initiated
litigation; that the City will continue to do inspections of the properties; that there
is another project being proposed by the developer; that it is using different
material than the Colony El Mirador; that this particular project has been difficult;
that there are control problems; that access is an issue and that the Building
Department will continue to address the project and each house requiring
assistance.
Council Minutes
02-20-02, Page 7
Mayor requested that the matter be continued for discussion on a future agenda.
City Manager stated a full written report would be given to the Council in this
week's packet.
Mayor stated that some of his comments have been taken out of context; that it
should be clear that personally he is against drug use; that in fact, events that
promote drug use in City facilities should not be allowed; that there are many
events in the City; that any event can have problems, but that the City can not
and should not allow events to be held in the City that are known to promote drug
use and overdose.
LEGISLATIVE ACTION:
12. TRAMVIEW ROAD — STREET AND SEWER IMPROVEMENT PROJECT
Recommendation: That the Council adopt the plans, specification and working
details of the street and sewer improvement project for Tramview Road and
authorize advertisement for construction bids for same; and give direction to staff
regarding future dissemination of information regarding compliance with Section
7.03.040 of the Palm Springs Municipal Code. CP01-19.
Director of Public Works/City Engineer reviewed the staff report and requested
Council direction regarding the dissemination of information for future project
plans and specification materials.
Councilmember Oden stated that this is a new process the Council has approved
and should continue to get the information requesting approval.
Minute Order 7018 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7018 be
adopted.
13. RESOLUTION OF CONVENIENCE & NECESSITY—SAV-ON DRUGSTORE
Recommendation: That the Council approve a Resolution of Convenience and
Necessity at Sav-On Drugstore located at the northwest corner of Sunrise Way
and Ramon Road, applicant: Albertsons, Inc. C-1 zone, Section 14.
Director of Planning & Building reviewed the staff report and clarified that this
would be a Type 21 license.
Resolution 20279 as recommended was presented; after which, it was moved by
Oden, seconded by Mills and carried by the following vote that R20279 be
adopted.
AYES: Members Oden, Mills and Mayor Kleindienst
NO: Member Reller-Spurgin
ABSENT: None.
Council Minutes
02-20-02, Page 8
14. 2001-02 BUDGET AMENDMENTS
Recommendation: That the Council concur with actions taken by the Community
Redevelopment Agency (CRA A).
Director of Finance & Treasurer stated that this action is a companion with
previous Agency action taken.
Resolution 20280, 20281, 20282 (3) as recommended were presented; after
which, it was moved by Reller-Spurgin, seconded by Oden and unanimously
carried, Mills abstaining, that R20280 —20282 be adopted.
15. ALLOCATED POSITIONS AND COMPENSATION PLAN AMENDMENT
Recommendation: That the Council approve Amendment 4 to the Allocation
Positions and Compensation Plan for Fiscal Year 2001-02 to provide
organizational changes to Economic Development, Redevelopment and the City
Manager's Department.
City Manager reviewed the staff report and added that approval will assist in an
efficient operation; that the goal is to have the Economic and Community
Development group respond to a whole range of issues; that prior to this action
the departments were separate; that now the departments would be combined
and under one umbrella; that some positions do need modification; that the end
result is a savings; that even with the saving a new position is created to assist in
Redevelopment; that it was felt that the Assistant City Manager position vacant,
could be left so, but with the exit strategy of Mr. Smoot, it will be needed; that the
position will assist in keeping issues moving; that the total savings will be
$106,000; and that the final result is more efficiency for the City.
Councilmember Oden questioned where the current position of Assistant City
Manager-Operations is addressed on the report.
City Manager stated that the position will be renamed Executive Director —
Airports; that the funding will come from other positions vacated in airport funds.
Councilmember Oden stated that the position is actually a wash when it comes to
dollars.
Mayor stated that it seems that the request is to bring an Assistant City Manager
position in at a lower rate.
City Manager concurred and added that it is desired to fill the position before Mr.
Smoot leaves the City.
Councilmember Oden questioned the timeline for filling the Assistant City
Manager position.
City Manager stated the estimate would be between 2—3 months.
Mayor stated that there is no problem with the majority of the recommendation;
that it is good to have one door for redevelopment and economic development
issues; that there is a concern whether the City Manager's department is
Council Minutes
02-20-02, Page 9
adequately staffed, and questioned if the City Manager felt confident with the
proposal.
City Manager stated that the concern is appreciated, but that at this time it does
seem the new position will fill the need; and that if the view changes, the matter
will be brought back to the Council for discussion.
Resolution 20283 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Oden and unanimously carried, that 20283 be
adopted.
16. SECURITY CAMERAS
Recommendation: That the Council approve the installation of a turnkey wireless
video-control system of fifteen (15) closed circuit television cameras in City-
designated locations with Metrovideo Systems for $227,933.85 and approve an
additional $150,897 for five (5) years of post-warranty maintenance and support.
Total contract $378,830.85. A4451.
City Manager stated that the objection of the cameras is not to spy but to raise
the comfort level in downtown so that all feel safe.
Police Chief reviewed the staff report and previewed selected videos showing
crimes in action that were recorded.
Councilmember Reller-Spurgin stated that the recent crime at the Spa Casino
was recorded on video and resulted in apprehension and conviction of the
suspect.
Mayor stated that in addition the suspect had stockpiled additional explosives
that were confiscated in his home.
Police Chief stated that the suspect did confess to the crimes.
Mayor questioned if the airport had security cameras.
Executive Director — Airport stated that the cameras have been in place for 11
years, and are used extensively.
Mayor questioned the location of the camera at the library site.
Police Chief stated that the intent is to be able to observe the stadium, senior
center and the library.
City Attorney stated that the last time this issue was before the Council there
were additional matters that did need to be addressed; that the issues such as
liability and first amendment rights have been addressed; that it has been
concluded that the issues can be dealt with through policy; that the policy is
attached to the staff report; that it has been determined there is no invasion of
privacy; and that use of cameras is prohibited in areas where expectation of
privacy exists.
Council Minutes
02-20-02, Page 10
Police Chief stated that there is concern that the cameras are installed properly;
that it is important that the Community feels secure and safe; that some of the
recommended locations have changed from the first proposal due to the
September 11, 2001 terrorists attacks; that the backbone of the system does
allow for some expansion; that one area for expansion may be on North Indian
Avenue; and that the system can go to 20 channels; that channels can be
reused; that two cameras can be on each channel.
Vendor representative stated that the system can be expanded and has been
designed with expansion in mind; that the life of the cameras is approximately six
years; that the cameras are placed in an environmental enclosure to function in
the extreme weather conditions of the City.
Councilmember Oden questioned the amount allotted for maintenance and
where the funding comes from.
Police Chief stated that the scheduled maintenance is $150,000 for the next five
years and that the funds will be allocated from Asset Forfeiture funds.
Councilmember Oden stated that with the 9-11 event it is somewhat difficult to
address this issue; that while some think it is a good thing, there are others that
are worried about freedom and the violation of civil rights; that there are places
where cameras are needed; that there are a lot of challenges with this program;
that there are lawsuits on this subject; that the program could result in costing the
City a great deal of money; that it does sound good to say people will experience
an enhanced sense of safety, but there is also a false sense of security that
could be given, and questioned if the cameras are constantly monitored.
Police Chief stated that the cameras would not be monitored 24/7.
Councilmember Oden stated that the staff report indicates there has not been a
significant increase in crime in conjunction with the feeding of the homeless in
the park, but yet that is one of the recommended sites; that where the cameras
are placed can create paranoia in the Community; that the program is not yet in
place and already expansion is being talked about; that Palm Springs is
experiencing a decrease in crime this year; that in the United Kingdom, the
cameras resulted in a decrease of officers and that the City would not want to go
down that track.
Councilmember Reller-Spurgin stated that the City Attorney opinion was needed;
that the cameras are the right thing to do for the Community; and that if the
Council can assist the police officers in their jobs or to keep someone safer, it is
their duty and obligation to do so.
Minute Order 7019 as recommended was presented; after which, it was moved
by Reller-Spurgin, seconded by Mills and carried by the following vote that
MO7019 be adopted.
AYES: Councilmembers Mills, Reller-Spurgin and Mayor Kleindienst
NO: Councilmember Oden
ABSENT: None.
Council Minutes
02-20-02, Page 11
ADDITIONAL LEGISLATIVE ITEMS:
17. Cs. #20.156: REQUEST BY RIVERSIDE COUNTY TRANSPORTATION AND
LAND MANAGEMENT FOR CITY COMMENTS ON IMPROVEMENTS TO
PROPERTY LOCATED AT 59-871 HIGHWAY 111, ZONE CPS, SECTION 24.
THIS PROPERTY IS LOCATED IN THE CITY OF PALM SPRINGS SPHERE OF
INFLUENCE.
Director of Planning and Building reviewed the staff report, and added that
Planning Commission did review the project.
Councilmember Oden stated that there is no problem with the matter, but that it
does add to the territory that the City does cover in services.
Mayor questioned the intent of Conditions 8 and 9.
Director of Planning & Building stated that the City could require the landscaping
plans to be reviewed by planning staff; that the plan submitted is fairly nominal
and could be upgraded.
Mayor stated that the conditions should be clear that debris needs to be
addressed; and added that condition 13 refers to overnight parking not permitted
or the storage of vehicles and questioned if there is a problem.
Director of Planning & Building stated that the primary concern is RV parking
overnight and that the condition will be clarified.
Mayor stated that one condition requires sewer hook up, but that the site is not
actually in the City.
Director of Planning & Building stated that the condition is merely advising the
County that if a system does become available the building should be connected
to the system.
Mayor questioned if condition 12 requires the existing utility lines be under
ground.
Director of Planning & Building stated the condition would be deferred to the City
Engineer or the condition could be deleted.
Mayor questioned if the building is equipped to be monitored by the Police and
Fire Departments.
Director of Planning & Building stated that the issue was not raised at
Development Committee.
Councilmember Mills stated that many of the conditions are boiler plate; that
personal observation of the site indicates that alot of the conditions would not
apply; that while personally there is no problem with the basics, site specific
conditions 1 — 15; the other conditions should be reviewed as to necessity; that
this is merely a sphere of influence situation; and that it is sending a wrong
message to include the boiler plate conditions.
Council Minutes
02-20-02, Page 12
Mayor stated staff should modify the boilerplate conditions to site specific.
Resolution 20284 as revised, to modify with removal of boiler plate conditions to
conform to site specific was presented; after which, it was moved by Oden,
seconded by Reller-Spurgin and unanimously carried that R20284 be adopted.
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
a) Councilmember Oden requested status on the Neighborhood Revitalization
Program and possible renewal.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
FEBRUARY 27, 2002
An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California,
was called to order by Mayor Kleindienst, in the Large Conference Room, 3200 Tahquitz
Canyon Way, on Wednesday, February 27, 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 a moment of silence.
REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in
accordance with Council procedures on February 22, 2002.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 3 of agenda this date.
PRESENTATIONS: None
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business
PUBLIC COMMENTS:
Tim Holmeyer, Deep Well Association, expressed appreciation for the new stop sign at
Mesquite and Manzanita and added that an additional sign is needed at Mesquite and
Sagebrush.
Dr. Ralph Villani, 1028 San Lorenzo, stated that a recent Desert Sun editorial regarding
the Tennis Center was disturbing; that the Council should not subsidize private for profit
businesses; that Councilmembers Oden and Reller-Spurgin were right to refuse the
proposal; and that a gift of public funds is not in the best interest of the City.
Mollie Rock, Sunny Dunes Road, expressed appreciation for the stop sign installed at
Mesquite, the tonnage signs for trucks and all that is being done to address speed
reduction; and added that additional signage is needed to protect the safety of the
children.
Dolliah the Black Dahlia, presented an assortment of promotional cards for possible use
in tourist locations welcoming the guest and requesting cooperation in dress and
conduct.
David Justin Lynch, 285 S. Civic, expressed his opinion regarding the negative impact
on the possible consolidation of Cathedral City and Palm Springs.
Aftab Dada, General Manager Hilton, stated that the Council's policy needs to be made
clear regarding City sponsoring and funding of special events.
Council Minutes
02-27-02, Page 2
APPROVAL OF CONSENT AGENDA: None.
PUBLIC HEARINGS: None
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
LEGISLATIVE ACTION:
1. 2001-02 BUDGET AMENDMENT— CONVENTION CENTER EXPANSION
Recommendation: That the Council approve a budget amendment transferring
$300,000 from the General Fund to the Convention Center Projects Cost Center
of Capital Projects fund.
City Manager stated that the recommendation is based on the last election voter
direction; that the funds would be used for seed money; that it is not clear at this
time whether or not the full amount will be needed; that due diligence of the
process will start, and that at each phase a report will be given to the Council.
Councilmember Reller-Spurgin stated that the ERA report indicated that the
Convention Center has suffered a loss of 75 events due to its size; and
questioned the time frame of the losses.
Convention Center Director stated that the events range from 1998 to 2006.
Councilmember Reller-Spurgin questioned the number of groups that are
accommodated in California.
Convention Center Director stated that the specific number will be reported back
at a later date; that the number ranges in the 1000's; and that with the expansion
there should be up to a 44% increase in business.
Mayor questioned the amount recommended due to the estimated cost being
cited in the staff report at$5 - $25,000.
City Manager stated that the first phase will cost in the range of $17,200; that
additional funds will be needed to complete the due diligence; that the $300,000
is just an educated guess; that more or less funds may be needed, and that the
Council will be kept abreast of each phase.
Council member Reller-Spurgin questioned if the $300,000 would be held in an
interest bearing account.
Director of Finance stated that the account would be interest bearing.
Resolution 20285 as recommended was presented; after which, it was moved by
Reller-Spurgin, seconded by Mills and unanimously carried, that R20285 be
adopted.
Council Minutes
02-27-02, Page 3
2. PERS AMENDMENT— MISCELLANEOUS EMPLOYEES
Recommendation: That the Council approve intention to approve an Amendment
to the contract between the Board of Administration of the California Public
Employees' Retirement System (PERS) and the City, pursuant to Memorandum
of Understanding approved by Resolution 20245, December 19, 2001.
City Manager stated that the proposed recommendation is necessary in
implementing the Memorandum of Understanding with the General Unit.
Mayor stated that this should be the final action needed to comply with the
Memorandum of Understanding.
Resolution 20286 as recommended was presented; after which, it was moved by
Mills, seconded by Oden, and unanimously carried that R20286 be adopted; and
it was further moved by Mills, seconded by Oden and unanimously carried that
full reading be waived and Title of Ordinance be introduced for first reading.
City Clerk read Title of Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS.
3. TENNIS CENTER LEASE
Recommendation: That the Council approve leases with Haggstrom/Matzner for
the operation of the Tennis Center.
City Manager withdrew the item.
City Attorney stated that both applicants did cooperate along with the help of the
subcommittee in working on a Memorandum of Understanding; that there will be
two separate agreements dividing up the operation of the Tennis Center with
each leasing a portion; and that it looks like a win-win situation for all involved.
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
Council Minutes
02-27-02, Page 4
CITY COUNCIL reports or requests
Councilmember Oden stated that the downtown 3-hour parking program has been
approved by the Council; that the pay for parking program previously set aside does
need to be brought back for future discussion to consistently deal with the parking
problem; that it may be that the first three hours of parking is free, then parking meters
would need to be used including those lots that were previously metered.
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT:
There being no further business, Mayor declared the meeting adjourned.
PATRICIA A. SANDERS
City Clerk
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.
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 Mosler, 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 MO7027 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 MO7028 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 on 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.
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.
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 how 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 meeting adjourned.
PATRICIA A. SANDERS
City Clerk