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HomeMy WebLinkAbout7/18/2001 - STAFF REPORTS (3) CITY OF PALM SPRINGS CITY COUNCIL MINUTES April 18, 2001 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, April 18, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Jones, Reller-Spurgin, and Mayor Kleindienst Absent:Councilmember Oden The meeting was opened with the Salute to the Flag, and an invocation by- Reverend Joe Placencia - P. S. Church of Christ REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on April 13, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: Proclamation to Ms. Senior America Presentation of$40,000 donation from Wells Fargo Foundation for Special Event Concert Series HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: a) Comments on Item 5: Tom Davis, Tribal Planning Director, stated that the Spa Resort Casino supports the staff recommendation, but would like to have the entire curb as a red zone. b) Comments on matters not on the agenda: Larry Swerdlou, representing the Community Marijuana Forum, stated that he is in support of the Medical Marijuana Law being passed, and asked others to join in that support. Council Minutes 04-18-01, Page 2 APPROVAL OF CONSENT AGENDA: Items 1 thru 4. It was moved by Reller-Spurgin, seconded by Jones and unanimously carried, Oden absent, that Items 1 through 4 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 1. Res 20027 approving Parcel Map No. 29658 for Mainiero, Smith and Associates, Inc., representing Electric Avenue LLC, to divide property located at 1304 Camino Primrose (APN 508-232-007), Section 23, T 4 S, R 4 E. 2. MO 6835 awarding contract to Contreras Construction Co., for the Indian Canyon Drive and Tachevah Drive Street Improvements Project, for $89,980.00, CP00- 21. A4358. 3. Res 20028 requesting full Coachella Valley Association of Governments (CVAG) Regional Measure A funding for the Gene Autry Trail Roadway Widening at the Whitewater Wash, north of Vista Chino, and 75% CVAG funding toward Palm Springs Local Grant Match requirements for Railroad Bridge Widenings at Indian Canyon Drive and Gene Autry Trail, south of Interstate 10. 4. Res 20029 and 20030 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 963187 DWA Client of Employer 963213 Chris Foster 963222 Granite Const. Reller-Spurgin 963388 Spurgin Spouse 963499 Spurgin EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Council Minutes 04-18-01, Page 3 Mayor stated that previously, during a discussion on the subject of short term home rentals, he was concerned about the behavior of the renters, not the length of the rental; that his concern runs along the same line regarding the White Party; that although the event brings economic benefits to the City, the issue of illegal drugs and overdoses is of major concern; that the promoter's answer to a request for cooperation was to hire off duty police officers, off duty fire personnel, and have a dedicated AMR ambulance on site at all times; that there is no cost to the City, nor reduction in services, however the Council's support of this event and the drug issue sends a mixed message to our youth; that the contradiction to the community is not acceptable; and requested a report on the associated drug and overdose statistics for the event. LEGISLATIVE ACTION: 5. NO PARKING AREA—TAHQUITZ CANYON WAY Recommendation: That the City Council consider a request from the Tribal Planning Director to eliminate all on-street parking spaces on the north side of Tahquitz Canyon Way, between Indian Canyon Drive and Calle Encilia. City Engineer reviewed the staff report. Councilmember Hodges questioned if the 3 spaces are used for valet service only in the evening, and if the spaces are used for regular parking during the day. City Engineer stated this is correct. Mayor questioned how much space we afford other businesses for valet parking, and what was the actual request of the Tribal Planning Director. City Engineer stated that typically 2 or 3 spaces are allotted. Mayor stated that we do have a parking need in our City; that we need the traditional parking available along the curb; that the City should remain with the valet parking model making the 3 spaces available for this restaurant the same as the other businesses that have valet parking. City Engineer stated that the 3 spaces have already been approved; the request is for the entire curb to be red. Mayor requested input from the Tribal Planning Director. Tribal Planning Director stated that the 3 spaces are satisfactory; that valet for daytime brunch from 10:00 am to 1:30 pm on weekends is available; that the entire curb should be red for a neater, cleaner look; that there is a certain amount of traffic safety in that stretch of Tahquitz; and questioned why the City can't free up more parking. Council Minutes 04-18-01, Page 4 Mayor requested report back to the Council regarding the matter of parking in the area between Encillia and El Segundo on the north side of Tahquitz. Councilmember Hodges stated that the City can't afford to lose any parking spaces downtown. Councilmember Reller-Spurgin questioned how the businesses are assured the 3 valet parking spaces if they are not red curbed. City Engineer stated that regular City parking signs are installed, denoting time and place for valet parking only. Minute Order 6836 as recommended, denying request, was presented; after which it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that Minute Order 6836 be adopted. 6. DISPOSITION OF FORMER CROCKER BRANCH LIBRARY BUILDING Recommendation: That the City Council approve the disposition of the .99 acres of land at 2555 North Via Miraleste, including the building formerly known as the Francis Crocker Branch Library, through an auction procedure which would ensure receiving "fair market value," with the proceeds to benefit the Palm Springs Public Library. Assistant City Librarian reviewed the staff report. Mayor questioned if auctions had been done previously with City property. City Attorney stated that it has been done a few times, but was not necessarily effective; as it didn't draw as many bids as was expected. Councilmember Hodges stated her willingness to try this method. Minute Order 6837 as recommended, was presented; after which it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that Minute Order 6837 be adopted. 7. ADDITIONAL LEGISLATIVE ITEMS: LIGHT ATTACK FIRE ENGINE Recommendation: That the Council authorize the purchase of a light attack fire engine from American LaFrance for $111,291, less $6,500 trade in for an adjusted cost of$104,791. (Funded by grant donated by the Agua Caliente Band of Cahuilla Indians for this purpose) City Manager reviewed the staff report. Council Minutes 04-18-01, Page 5 Councilmember Reller-Spurgin stated that she attended the presentation of the grant and expressed her appreciation for the continued support to the City by the Agua Caliente Band of Cahuilla Indians. Minute Order 6838 as recommended, was presented; after which it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Oden absent, that Minute Order 6838 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor pro tem declared the meeting adjourned. BARBARA J. WHITE Assistant City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 6, 2001 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, June 6, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend LaVeta Dillman, Chapel on the Way. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 1, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Fire Dept. for Life-Saving Rescue Award. 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: (3-minute limit per person on matters within the jurisdiction of the Council). Gale Boulton, 304 Juniper Dr., stated that there are measures to conserve electricity; that changing out spot lights from incandescent to fluorescent does save money; that digital thermostats also can save up to 30% of electrical costs; and presented a handout for further reading. Thesesa Howell, The Desert Charities, stated that Council support of item 9 will help the poor and needy; that the issue on dumping and leaving of trash at the site is being addressed; that there will be 24 hour surveillance cameras installed; that the inside of the store will likewise be under surveillance; that signs will be posted stating the surveillance and the possibility of fines; that there has never been the intent to prepare food at the site; and that the group will continue to work with the City to address all concerns. Wendy Busig-Kohn, no address given; stated that cameras are nothing new in Europe; that the comments in the Desert Sun against the program are minuscule compared to the need for safety of the citizens; that the neighborhood groups should be involved in the program; and stated support of the program. Council Mimites 6-6-01, Page 2 F. James McArthur II, Pedicabs, stated that the matter is simple; that his business does have a license to operate; that low season is coming and support of the Council is needed; that the pedicabs are not trying to clash with the ambience downtown, but rather compliment it; that the signage on the pedicabs is useful to the merchants; that help is requested from the Council to assist the business. Todd Wilson, Pedicab, stated that he is the manager and a rider for the company; that there is nothing in the Ordinances of Palm Springs that prohibit the signage; that the hassle the company is getting is a detriment to its welfare; that the business has only been operating for six months; that the merchants support the business; that the operation has been safe; that many use the operation; that the employees downtown use the pedicabs to acquire a safe return late at night to their vehicles; that the signage on the bikes is a major form of revenue to the service; and requested Council support regarding the issue. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Councilmember Oden stated that on item 3, it is good to see grants being obtained especially during the energy crisis. Councilmember Oden questioned if item 7 would be the last installment. City Engineer stated it would. Councilmember Hodges questioned if the sidewalk on item 8 was for both sides of Gene Autry. City Engineer stated west side only. Mayor questioned if the east side would be covered under the CODA project. City Engineer stated it would. CONSENT AGENDA APPROVAL: It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 10, excluding item 2, 5, 6 and 9, be adopted. 1. Minutes of May 16, 2001. 2. MO ----- approving Amendment #1 to A4244 with DuPont Flooring Systems for carpet maintenance services at the airport for one year, total annual expense $31,836. Item withdrawn. 3. Res 20056 approving the application of a grant from California Energy Commission for modification to the airport central plant for up to $100,000 and authorize the City Manager to execute any and all necessary documentation. 4. MO 6855 approving the consent to assignment of FMC Airport Services, a division of FMC Corporation to FMC Technologies, Inc. relating to the maintenance services for eight passenger loading bridges. A4316. Council Minutes 6-6-01,Page 3 5. MO ----- approving the consent to assignment of Maritime Trust/Foreign Trade Zone Solutions to Ernst & Young relating to the foreign trade zone major modification application for$15,000. A4350. Item withdrawn. 6. MO ----- approving the consent to assignment of Maritime Trust/Foreign Trade Zone Solutions to Ernst & Young relating to the foreign trade activation for $12,500. A4342. Item withdrawn. 7. MO 6856 approving an agreement with E. L. Yeager Construction Company for the installation of Phase 4 street and drainage improvements in the Crossley Tract for$225,775, a 2000-01 CDBG funded project, CP00-31. A4368. 8. MO 6857 approving Supplement 007-M1 for preliminary engineering, construction engineering and construction phases of the Gene Autry Trail Sidewalk and Bikeway Project for$309,336. A1459. 9. See Extended Consent Agenda below. 10. Res 20058, 20059 and 20060 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 964602 DWA Client of Employer 964631 G & M Construction 964691 Lifetime Plumbing 964740 Preferred Plumbing Reller-Spurgin 964799 Spurgin Spouse 965254 Spurgin EXTENDED CONSENT AGENDA: 9. CUP 5.0868 — DESERT CHARITIES On May 16, 2001 Council directed staff to prepare a resolution overruling the Planning Commission decision concerning Cs 5.0869 and issuing a Conditional Use Permit to allow a Thrift Shop operated by a charitable organization at 425 South Sunrise Way, C-1 zone, Section 14. Mayor stated that this use in this location is not appropriate. Councilmember Oden questioned the uses permitted in the zone. Director of Planning & Building stated that the use is permitted by Conditional Use Permit; that the item did come to Council on appeal; that the Council did hold a public hearing on the matter and directed staff to come back this date with a resolution of approval. Resolution 20057 as recommended was presented; after which, it was moved by Oden, seconded by Jones and carried by the following vote that R20057 be adopted. AYES: Hodges, Jones, Oden and Reller-Spurgin NO: Kleindienst ABSENT: None Council Minutes 6-6-01, Page 4 PUBLIC HEARINGS: 11. FISCAL YEAR 2001-02 SEWER SERVICE CHARGES Recommendation: That the Council adopt a resolution electing to have sewer service charges for the fiscal year ending June 30, 2002, collected on the Riverside County property tax rolls, in accordance with Ordinance 1111. Director of Finance & Treasurer reviewed the staff report. Councilmember Reller-Spurgin stated that this action is atypical of each year. Mayor declared the hearing open, there being no appearances, the hearing was closed. Resolution 20061 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20061 be adopted. 12. FISCAL YEAR 2001-02 BUDGET Recommendation: That the Council approve the City of Palm Springs Fiscal Year 2001-02 budget. City Manager stated that this is the final piece of the process; that the biggest question that still remains to be answered is the impact of the Utility User Tax; that it is not clear how conservation will impact the budget; that it does not appear the UUT will be a windfall to the budget; that the deficit is $2.2 million; that it should be covered with this years current surplus; that if the revenues do not come in as anticipated and if expenditures rise, then next year could be a problem; that adjustments will be made throughout the year to try to offset any problems; that the Council will continue to be informed; that the budget will be monitored and action taken quickly regarding the given circumstances; that the situation is controllable; that there have been some changes with personnel; that the changes include two new firefighter interns, a new dispatcher, a new Information Technology technician, a secretary to assist with contractual services; that the James O. Jesse Desert Highland Center personnel positions have been modified to allow full time access; that the Center will have Saturday hours starting July 1, 2001; that an advisory board is being put together to help with the Saturday process; that the generator at the convention center will be utilized to have a "cool spot' for the residents to go if electrical power is blacked out; that the budget includes customer service training; that the Foreign Trade Zones needs are addressed; and that per Council direction, funds are included in the budget for the digitizing of the General Plan Map and the updating of noise and undergrounding ordinances. Director of Finance & Treasurer stated that the request is being revised to add $95,000 for parks maintenance; that the current contractor has given notice; that the bids were opened yesterday; that the cost will be higher in the proposed budget; that there were some minor typographical changes that appear on the last page of the resolution and recommended approval. Council Minutes 6-6-01, Page S City Manager stated that on page 10 of the proposed budget there are items that were funded in the past, but are not a part of this budget and requested Council direction regarding the items. Councilmember Jones questioned if there were eleven new positions being added to the budget. City Manager stated that there are new positions, but that most are offset by temporary positions such as in the James O. Jessie Desert Highland Center and the secretary for procurement. Councilmember Jones questioned the Tennis Center operating budget. City Manager stated that the contract that was operating the Center has been terminated; that the choice is to give the Center to the Palm Springs Unified School District or for the City to run the Center as a park; and that at this time all scenarios are being reviewed. Councilmember Jones questioned if someone has come forward with a proposal. City Manager stated that two proposals have been received and will be reviewed by the City Council at a later date. Councilmember Jones stated that if an operator is found the $46,000 will not be needed. City Manager stated that the City may need some level of participation. Mayor stated that the discussion is moving towards Closed Session issues; that the item before the Council is funding to keep personnel on the site to protect the City's investment. Councilmember Jones stated that the City's budget deficit is $4.6 million if funds are not taken out of the Community Redevelopment Agency budget to offset the amount. City Manager stated that the deficit is $2.6 million. Councilmember Hodges questioned if the request for an additional $95,000 for maintenance of the parks will be offset by any of the districts the City has. Director of Finance & Treasurer stated that the areas are City property and not separately maintained. Mayor declared the hearing open. Howard Lapham, read a prepared statement, copy on file in Office of the City Clerk, and added that the capital improvement of a parking structure for the downtown should be added to the budget; that the structure is needed; that there is funding available through the refinancing of bonds and urged the Council to add the matter for funding. There being no further appearances, the hearing was closed. Council Minutes 6-6-01, Page 6 Mayor referred to the proposed fiscal year budget, page 10 and questioned if the Council had any issues with the unfunded portions; that there is question regarding the Festival of Lights budget; that last year the Council directed the event be taken to a new level; that an increase is not reflected in this years budget. Councilmember Hodges questioned if the funding allocated last year regarding the event was expended. Mayor stated that it is not clear what was spent; that the $12,000 was the base for the event; that the Council increased the level to $25,000; that the budget does not show what the carryover is; that while not advocating to increase the allotment, it should be noted by the Council that there is no increase to the event. Councilmember Hodges stated that the budget does show $12,000 and questioned if, in fact, those funds are available for the event. Director of Finance & Treasurer stated that the allocation shown is a baseline; that the Council did a mid-year budget last year for the event; that most of the funds were expended; and that this is the allocation for the upcoming year. Mayor questioned the base for the Film Festival. Director of Finance & Treasurer stated $150,000. Councilmember Reller-Spurgin stated that last year the City also funded the Palm Springs Senior Center and the Youth Center. Councilmember Hodges stated that due to the circumstances the City is facing, adjustments should not be made; that it would be best to wait and see what the revenue is and make any necessary mid-year adjustments. Councilmember Oden questioned when the issues will be discussed; that the Council could prioritize what it wants funded as revenue becomes available. Mayor stated that is what was done in the past; that the items are prioritized and discussed and brought forward when the revenue becomes available; that the Council does have upcoming sessions where the matter could be discussed; and that many of the items were funded last year, but are not indicated in this years budget. Director of Finance & Treasurer stated that a mid-year budget adjustment was approved last fiscal year; that not all the funds were expended and will be continued to the new budget; and that it is anticipated that programs like the downtown street cleaning will be continued at the same level of service. Councilmember Oden questioned if item 15 is in the proposed budget. Director of Finance &Treasurer verified it was at$40,000. Councilmember Jones concurred with Councilmember Hodges and added that the Council should not be looking at additional expenditures, but at possible areas to cut back; that there is a $2.6 million deficit and the Council should try to trim $500,000 out of the proposed budget. Council Minutes 6-6-01,Page 7 Mayor questioned if the budget is at$2.6 million deficit. Director of Finance & Treasurer stated that the budget was projected at a $2.2 million; that with the addition of the $95,000 for the maintenance of the parks, one could say the deficit is at $2.3 million; that if the Council chose to transfer $400,000 to the Community Redevelopment Agency budget the amount would end up at approximately $2.6 million Councilmember Jones stated that the Council is just switching funds from one pocket to the other and that if the money is not transferred, the Community Redevelopment Agency does not have the money to spend. Mayor stated that the budgets are separate. Councilmember Jones stated that normally we transfer the funds from the General Fund to the Community Redevelopment Agency; that the Council is not doing so this year; and that the situation must be grave, otherwise the transfer would be made. Mayor stated that the figures on the budget should not be misrepresented to the public; and questioned the project budget deficit. Director of Finance & Treasurer stated that the deficit was at $2.2 million, until the Council approved the addition of the the $95,000 for the parks maintenance; and that now the deficit is a projected $2.3 million. Councilmember Reller-Spurgin stated that none on the Council is in disagreement with Councilmember Jones regarding the issue of trying to save money; that it may be that the City Manager should be directed to find $500,000 by the next quarter. Councilmember Jones stated that the transfer of funds from General to Community Redevelopment does not have to be done, but that the Council does need to look in the direction of saving; and that there is reason for great concern; that in all his years of doing business he has not laid off people and that he does not want to start laying off people in two months due to the actions taken by the Council. Councilmember Hodges stated that if the budget could be approved by line item, there are things that would be vetoed; but that assurances have been given by the City Manager; that he will be monitoring the budget and bringing updates to the Council; that it is the City Manager job to keep check on the budget; that there are items that each one of the members of the Council may not agree with, but the budget is a package and is being recommended by the City Manager. Councilmember Oden stated that all members of the Council have concerns, that there have been assurances by the City Manager; that he has stated he will keep the pulse of the budget; that the answer to this dilemma is to raise revenue, not cutting, and that there are a lot of positions that the Council needs to endorse and encourage. Mayor stated that the process has been gone through until this point has been reached; that there have been many discussions and opportunities for discussion; that to now start to review the direction and the position of the Council does not make sense; that the Council has directed staff, based on Council Minutes 6-6-01, Page 8 Council's desires; that staff has reacted to those directions through the steps of the process and this is the result; that amendments can be made to the budget and have in the past been made; that the ability to amend the budget is available at anytime; that we are at the place where the Council has designated and to start reversing decisions now is somewhat confusing. Councilmember Reller-Spurgin stated the truth is that this is not all our budget, but that we did all work together to get it; that part of the feeling at budget time when casting the vote is whether one is doing the right thing; that now with the energy issues, reality is unknown and that the Council is unaware of repercussions of that issue. City Manager stated that comments of Councilmember Jones regarding layoffs is noted and are serious; that the question is are we doing the best we can, with what we have; that the truth is to keep the service levels what is presented is needed; that in six month there will not be a request for layoffs and that any changes made will be transparent to the citizens. Councilmember Oden stated that the process was the Council's; that all contributed to the process; that the clarifying comments regarding layoffs is appreciated; that it is difficult for people to go to work not knowing if they will have a job; and that it is not his intent to move in that direction. Resolution 20062 as revised was presented; after which, it was moved by Hodges, seconded by Oden and carried by the following vote that R20062 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. 13. STREET VACATION —SOUTH CAMINO REAL Recommendation: That the Council approve vacating a portion of the right-of- way dedicated for the public street named South Camino Real, Section 23, T4S, R4E, File 01-008. City Engineer reviewed staff report. Mayor declared hearing open, there being no appearances, the hearing was closed. Resolution 20063 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20063 be adopted. 14. CUP 5.0865 — NEXTEL COMMUNICATIONS INC. Recommendation: That the Council approve issuance of a Conditional Use Permit, with conditions, to Nextel Communications for the installation of a commercial communications antenna on a 60 foot monopole and a 200 square foot equipment building located near the 18`h hole of the Canyon Country Club Golf Course, 1100 Murray Canyon Road, RGA-8 zone, Section 35. Director of Planning & Building reviewed the staff report. Council Minutes 6-6-01,Page 9 Mayor declared the hearing open. Don Fluke, 2495 Yosemite, stated there is no existing pole in the location; that he is voicing opposition to the installation; that the tower will be 200 feet from his property line; that it is in a residential area; that the Council in the past has only approved this type of tower in commercial zones; that in the pictures, copies on file in Office of the City Clerk, one can see how intrusive the tower will be on his view; that the home was purchased seven years ago; that it was purchased based on the view; that what is being proposed is a sixty foot tower right in the middle of the view from the backyard; that the installation will depreciate his property values; that there are many places this tower could be placed without it being in his backyard view; that the Council should deny the request; that not only will a tower be there, but a maintenance building; that the entire situation is depressing and requested Council denial of the project. Jan Hart, General Manager Canyon Country Club, stated that the project is supported by the Club; that work has been done with Nextel to coordinate the use; that the tower will be placed between the 18`h and 19`h fairway; that the City is requiring five palm trees to surround the tower; that ascetics of the tower have been addressed; that the Planning Commission did review the matter and recommended approval and requested Council support of the conditional use permit. Kim Berry, Nextel, stated that the Planning Commission did approve the use on a 6/0 vote; that the maintenance building is surrounded by palm trees and oleanders; that the type of monopole is fashioned to look like a palm tree; that it is requested that the Council consider reducing the number of trees required from five to two; that the building will be of aggregate stone and mix in with the area and requests approval of the item. Coleen Fluke, 2495 Yosemite, stated that she is not opposed with Nextel placing towers for cell use, but that it should not be in this location; that the installation will ruin property values; that her home should not be the brunt of having a tower placed in its backyard; that the pictures minimize the effect the tower has on ones view; that the fixture will be in a residential area; that approval would be a departure of past Council approvals; and that if approved, a precedence will be set for the citizens. There being no further appearances the hearing was closed. Councilmember Jones stated that sympathy is given to the Flukes; that other towers that have come before the Council have been for commercial or industrial zones; that this tower will be 60 feet tall located only 200 feet away; that personally he would not want this in his backyard; that the applicant should find somewhere else to locate the tower; that the only reason the Club is supporting the tower is for revenue; that the Club is not showing a neighborly attitude; and recommended Council denial. Councilmember Hodges questioned if there were any other locations where the towers were disguised as palm trees. Director of Planning & Building stated that other locations would be provided to the Council. Council Minutes 6-6-01, Page 10 Councilmember Hodges stated that the building is of more concern; that the towers are likewise located on the lights at the stadium and are ugly, but at least they are located at the stadium and not in a residential area. Councilmember Oden questioned if there was any information of the impact the placement of the monopole would have on property values. Director of Planning & Building stated that there was no information available and it would be difficult, if not impossible, to quantify. Councilmember Oden stated that it seems that Nextel did spend a lot of time researching the best location; that negioations had been done between the company and the Club; that the Club must feel there in no problem; and that all members at the Club do have ownership. Councilmember Hodges stated that some people may not know what is being proposed; that there is a fire station located nearby and questioned if that location could be used as an alternative. Fire Chief stated that there is space at the facility for the tower; and that there is a similar type of monopole located at Palm Springs Ford in Cathedral City. Mayor stated there is also one located on 1-10 going into Redlands and that people drive by and never notice it. Councilmember Oden questioned if this one would have other live palm trees surrounding it. Mayor stated that there would be trees planted around the monopole; that there is one located on the Mid-Valley Parkway that is placed in a cluster of trees; that typically when dealing with homeowner associations the majority of the members makes a determination and that is followed; that this is being presented by the homeowners association; that the mass must desire the tower; and questioned if in the place of oleanders if fichus could be used and if the Council desires time to view similar sites. Councilmember Hodges stated that she would like to see a similar monopole. Councilmember Jones questioned if the fire station site could be reviewed for suitability and added that the City would then receive the revenue from the site. Councilmember Oden stated that this is a business that has made an offer to the homeowners association; that it has been embraced by the homeowners association and that the Council should not be trying to find other locations for the monopole. Motion to approve the conditional use permit was presented; after which, it was moved by Oden, seconded by Kleindienst and failed to carry. Motion to deny the conditional use permit was presented by Hodges. Councilmember Oden questioned if all requirements were met before the item came to Council. Council Minutes 6-6-01, Page 11 Director of Planning & Building stated that the conditional use permit process is the most rigorous process and added that if the motion is to deny, staff will prepare a resolution to come back at the next meeting for Council approval. Motion for staff to prepare a resolution of denial to be presented at the next meeting was presented; after which, it was moved by Hodges, seconded by Jones and carried by the following vote. AYES: Hodges, Jones and Reller-Spurgin NO: Oden and Kleindienst ABSENT: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 15. 2001 GENERAL MUNICIPAL ELECTION Recommendation: That the Council call and give Notice to the General Municipal Election to be held Tuesday, November 6, 2001; adopt regulations for candidates for elective office pertaining to materials to be submitted to the electorate and the costs thereof, and request the Registrar of Voters to render specific services; and consider options to resolving tie-votes for candidates in the City election. City Clerk reviewed the staff report. Councilmember Hodges stated that a special election should be called to resolve any tie votes. Councilmember Reller-Spurgin concurred and added that while it is thought it could never happen, it has. Mayor stated that in order to call a special election to resolve a tie vote, it would cost approximately $60,000 and recommended the matter be resolved by Council appointment. Resolution 20064, calling the election and Resolution 20065 pertaining to candidate regulations, were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that R20064 and R20065 be adopted. Motion to continue tie-vote selection by Special Election was presented; after which, it was moved by Hodges, seconded by Jones and carried by the following vote that the Motion be adopted. AYES: Hodges, Jones, Oden and Reller-Spurgin NO: Kleindienst ABSENT: None. Council Minutes 6-6-01,Page 12 16. PERS AMENDMENT— POLICE SAFETY EMPLOYEES Recommendation: On May 16, 2001 Council continued this matter to give notice of its intention to approve an Amendment to the contract with the Board of Administration of the California Public Employees' Retirement System. A37. City Manager reviewed the staff report. Councilmember Reller-Spurgin stated that negotiations were in good faith by both parties. Councilmember Hodges stated that last year her vote was "no" on the contracts; that this matter was misrepresented in the dollar amount, and on principle will be voting against the item. Mayor stated that in the staff report, it is cited that the amendment will cost $182,079, but that the budget reflects an increase of a different amount. Director of Finance & Treasurer stated that the final cost will be $177,000. Councilmember Jones stated he would likewise vote "no" and added that these arrangements are a part of why the City is operating in a deficit. Resolution 20066 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote that R20066 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones ABSENT: None. Motion to read Title of Ordinance for introduction was presented; after which it was unanimously carried that full reading be waived and the Title of the 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 after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that the Ordinance be introduced. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones ABSENT: None Council Minutes 6-6-01, Page 13 17. ALLOCATED POSITIONS AND COMPENSATION PLAN —AMENDMENT#5 Recommendation: That the Council approve Amendment #5 to the Allocated Positions and Compensation Plan to establish an allowance for the overfill of one Police Officer position. City Manager stated that the recommendation is due to an officer being on extended disability. Councilmember Hodges stated this is an overfill, not the addition of a new position, and added that during her tenure this is the first time the police department has not had vacancies. Resolution 20067 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried that R20067 be adopted. 18. ORDINANCE FOR SECOND READING &ADOPTION (Intro 5-16-01) City Clerk read Title of Ordinance 1596 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM "R-MHP" RESIDENTIAL MOBILE HOME PARK ZONE TO "R-3" MULTIPLE FAMILY RESIDENTIAL AND HOTEL ZONE ON THE SOUTH SIDE OF THE WEST END OF MESQUITE ROAD, SECTION 22 after which; it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that further reading be waived and Ordinance 1596 be adopted. 19. AIRPORT FIRE STATION EXPANSION On May 16, 2001, Council continued this matter to award a contract to Palm Valley Construction for the expansion of the airport rescue and fire fighting station, including Alternates 1 and 3, for $877,000; and establish contract administration parameters. CP2000-32. A-----. City Manager withdrew the item. 20. 2000-01 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council amend the 2000-01 fiscal year budget to add the Line 23 Storm Drain in El Cielo Road from Tahquitz Canyon Wash to Escoba Drive for$400,000. City Engineer reviewed the staff report and added that the funds are committed for the project. Mayor questioned if the funds are allocated to Line 23 could the Council later change the allocation to another area. City Engineer stated that priorities are difficult to change with Riverside County Flood Control and Water Conservation District; that most are a part of a large Council Minutes 6-6-01,Page 14 project and takes a year or more before starting the project; and that many projects are in development stages for years. Mayor questioned if the funds could be used for street widening or in a different project to install drains. City Engineer stated that funds are committed to drains on the Master Plan; that we previously committed funds to projects and only pay for work that is done. Mayor stated that $400,000 does not build a lot of street drains; and questioned if the Council desired to hold the designation to determine if the economic opportunity for use of the funds arose in the future. Councilmember Oden stated that it does not sound like the Council can move the funding or designation. City Engineer stated that not only storm drains are on the list buy there are drainage issues on East Palm Canyon, west of the shopping center that will be addressed. Mayor questioned if projects can be added to the master list. City Engineer stated that each year the list is reviewed and modified. Resolution 20068 amending the budget was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20068 be adopted. 21. ELECTRICAL LOAD/COST REDUCTION Recommendation: That the Council approve an electric load/cost reduction program to provide complementary energy audits to 200 businesses to determine load reduction, retrofit and behavioral changes to reduce energy usage for a cost of$12,000. City Manager reviewed the staff report, no further report was given. Minute Order 6858 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that MO6858 be adopted. 22. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENT reports or requests — received and filed. 23. Treasurer's Investment Report as of April 30, 2001 Council Minutes 6-6-01,Page 15 CITY COUNCIL reports or requests a) Commission Appointments: Terms ending 6-30-2004. Cont'd to 6-13-01. Administrative Appeals Board 2 Airport Commission 3 Historic Site Preservation 4 Human Rights Commission 3 Library Board 3 (1-term ends 6-30-03) Parks & Recreation 4 (1-term ends 6-30-03) Personnel Board 1 Planning Commission 2 Public Arts Commission 2 Rent Control Commission 3 Villagefest Board 3 (2-retail; 1-jeweler) Mayor read nominations from a handout, copy on file in Office of the City Clerk. Councilmember Hodges stated that there are two Commissions that she does not endorse the nominations; and that they are the Historic Site Preservation Board and the Planning Commission. Councilmember Oden stated that the nominations are up to the Mayor; that the Council recommends a short list; that the short list applicants are interviewed by the Council; that the recommendations are then made to the Mayor and the nominations made; that there is a lot of time spent on the process; that it is recognized that the Council recommendations are only advisory, but that what was presented to the Mayor and voted on by the Council is not what is happening with some of the nominations. Councilmember Reller-Spurgin questioned the tally on the Historic Site Preservation Board applicants. Mayor stated that five names were in the tally; that Councilmember Hodges stated after the interview process that the Mayor could decide and that he could make the decision on the nomination. Councilmember Hodges stated that her recollection of the event is not the same. Councilmember Jones stated that the Council could approve the Boards and Commissions it has concurrence on and leave the other two for another time. Councilmember Oden stated that the nominations are presented as a slate; and that he would not vote against the slate. Councilmember Hodges stated that she would vote against the slate; that there are problems with two of the Commissions and that those should be separate. Concurrence of Council to continue the matter to June 13, 2001. Council Minutes 6-6-01,Page 16 Councilmember Hodges requested the matter of pedicab signage be placed on an upcoming study session. PUBLIC reports or requests STAFF reports or requests City Manager requested a subcommittee for review of proposals submitted by lobbyists. Mayor and Councilmember Oden volunteered. ADJOURN: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 13, 2001 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, June 13, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 8, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Council). a) Comments on Item 1: Mary Bruell, no address given, stated that permission is not obtained for video recordings in banks, stores, airports and the like; that the program is needed in the downtown area; that the program will assist the police department in its duties and added that the installation of cameras will also bring peace of mind to strollers that frequent the downtown in the evening. Martin Bruell, no address given, stated that as a retired District Attorney, this program as proposed will be a tool for the police department; that as an attorney he is not aware of any constitutional provisions that would be violated; that the police department can not be everywhere, nor could the City hire enough officers to cover the area like the cameras will be able to; that some critics may say that the cameras violate their privacy, but the cameras will be viewing public areas, not private. Roger Sunpath, no address given stated opposition to the proposed surveillance; that each face will be imaged and linked to a database; that the cameras are not being installed just to watch people, but are being placed in public areas and the images are being held by the government; and that approval will result in violation of the 4`h and 5`h amendments to the United States Constitution. Council Minutes 06-13-01, Page 2 Todd Young, no address given, stated opposition to the cameras based on invasion of privacy and the loss of freedom. Garland David Waery, no address given, stated the choice to live in Palm Springs was due to its being a small city; that the Desert Sun stated that the cameras would be on Palm Canyon, but are actually already in place on Indian Canyon; and the Council should be clear on what it is really saying. Ric Service, 38155 Via Fortuna, stated that the Council should move ahead in the refinancing of the Convention Center bonds; and that it should be known that the merchant had discussed the cameras; that it does have a strong position of support; that the previous speaker was actually referring to traffic cameras on Indian, not security cameras; that the merchants do feel that the cameras will be another tool for the police to use in deterring crime; that the Council could not hire enough police officers to do what the cameras can do; that the cost was misquoted in the Desert Sun; and that approval of the item will help conserve City resources. Doug Hasset, provider of security cameras, stated that this is just another tool for the police to use in the fight against crime; that the cameras will be placed in public areas where privacy needs should not exist; that the technology is needed to help people feel safe when visiting the downtown in the evening. Bill Feingold, no address given, stated opposition to the cameras; that the program is sending the wrong message about Palm Springs; that if one owns a business, the purchase of a surveillance may be warranted, but the government should not be putting cameras up; that the only way to prevent crime is to hire more police officers; that this program is an invasion of privacy; that right now the City is great for tourism and the resident, but it is not Times Square, and the cameras are unwarranted. Allen Killfoil, no address given; stated that those who trade liberty for security, lose both; that it may be that the police are not our friends; that recent sting operations have tested the merchants on compliance with the law, but where is the test for police officers; and that it may be that the police chief needs a recorder in his car to monitor his conversations. Dick Sroda, P.O. Box 5066, stated that each year the Mounted Police are looking for City support to maintain their horses; and while that support is limited, the Council can find money for spy cameras; that it is expected that one will be monitored in store, but one should not expect to be watched on a public street; that it is ironic that the movie Pearl Harbor has just been released to show how people gave their lives for our freedom, and the Council is taking that freedom away; that if the United Kingdom is so great in its use of cameras, those who want the cameras can live there; that the citizens have rights and those rights should be upheld. M.C. Edwards, writer, stated opposition and added that the idea of cameras has the potential to reduce private space in the City; that it does need to be understood what is being presented; that this sounds like a "yuppie brainstorm"; that the merchants concerns are understandable, but implementation of the program is short sighted; and questioned who exactly is promoting the program. Council Minutes 06-13-01, Page 3 Robert Hernandez, Palm Springs Youth, stated that Palm Springs does not have one-quarter of the crime found in Los Angeles; that the funds should be used to help build a skate park; and that the City needs a place for the youth to hang out. Gene Hetsell, no address given, stated that one should read the book 1984 about every two years; that the cameras give the aura of big brother; that safety is needed, but that forethought and regulations should also be a part of the process. Darrell Meeks, Morongo Valley, stated that the City Attorney should be questioned as to the potential liability concerning the cameras; and questioned if other areas of the City request the cameras, what will the process be; that the litigation costs in cities that have the cameras is very high; that in one city the cameras were taken away from police department control; that in other cities the replacement costs for the cameras is high, and repairs have to be made; that personal advise to Council member Jones is not to support the program due to its high cost; that approval of the program will keep business out of the area; and that it may end up when other businesses come to town, part of the negotiations will be for the City to provide cameras. Mathew Talala, no address given, stated that it is not clear what people may be doing on Palm Canyon that privacy is needed for; that the security is needed; that the Council's responsibility is to provide for the safety of its citizens; that while most in the City are unaware how the cameras will be monitored, it is clear, they will not be, unless a service call is received for that area; that the Downtown Committee worked for eight months regarding the program; that no opposition was heard; that people who come downtown are in support; that crime is alive and well in Palm Springs; that the Hotel Association does support the program; and that the program has been reviewed and weighed on its merits and has resulted in support. Jim Stuart, no address given, stated that when one first hears of the program it does sound like big brother; but after serving the last seven years on the State's Parole Board, dealing with drug addicts and the like, this program should be approved; that probationers are not allowed to attend Village Fest; that the addition of this program would allow for those violators to be caught; that for example in Culver City, a murderer is behind bars due to surveillance cameras; and recommended consideration of the matter. Paula, Safari Furniture, stated that support should be given to the program; that the area does have a lot of crime and the cameras will help alleviate some of it. James Cooperfield, Ex-Deputy Sheriff, stated opposition to the cameras; that public safety is important, but that this is civil liberty. Eric Meeks, Celebrity Bookstore, stated that the Police Advisory Committee did review the matter; that it was explained that no audible system would be in place; that as the Chairman, he was prevented from voting, but that if he could have voted, the vote would have been no; that there is concern with crime; but this situation has the feel of the secret police; that when documents were requested regarding the grant, the story was the department did not have them, or that they were not available; that this was a denial of public records and information; that information submitted did not appear in the Council's packets; that in the past Council Minutes 06-13-01, Page 4 four years there have been many issues arise regarding the police department; that things such as selling of police badges, illegal strip and searches; that this type of program is a weapon that can be greatly abused; that the Council should vote no, but should establish a full time Police Commission to monitor the police department; that other areas in the City have an oversight body, but the police department does not. Bob McDonald, stated that cameras do not stop crime; that robberies occur at liquor stores, banks, and casinos; that if the goal of the city is to reduce crime, then more police officers should be hired or citizens should be given the ability to defend themselves and that grant money is still taxpayer money. Maggie Winters, 200 Racquet Club Road, stated that she had been a victim of crime; that it is not good; that she was attacked in downtown Palm Springs; that if there had been cameras at that time, it may be that the perpetrator would have been caught, as it stands there has been no arrest. Mathilda Jones, 1315 Manzanita, stated cameras are everywhere; that they are not in place to spy, but are here for the safety of people; that when one goes downtown, the fact must be acknowledged that people do go downtown to commit crime; that the cameras are needed for safety and no price is too high to prevent rape or murder. Maria Mason, no address given, stated that it is effective to bring up stories of murder or rape; that she was almost murdered, but that a camera would not have been of assistance in her case; and that more police officers should be put on the street. b) Comments on matters not on the agenda: Wendy Busig-Kohn, read a prepared statement, copy on file in Office of the City Clerk regarding solar energy. APPROVAL OF CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: LEGISLATIVE ACTION: 1. DOWNTOWN SECURITY CAMERAS Recommendation: That the Council authorize the purchase of equipment necessary to provide closed circuit television cameras (CCTV) in the downtown and uptown areas of Palm Springs to assist law enforcement in crime deterrence, crime detection, apprehension, and prosecution, for a total of$160,143.57. City Manager reviewed the staff report and added that staff is being asked to do more for less; that this will assist the police department in achieving that goal; that the security cameras should not be viewed as big brother, rather as a small friend; that the cameras will help in the prevention of vandalism and crime; that everyone needs to feel secure; that cameras are located at ATM's, banks, Council Minutes 06-13-01, Page 5 drugstores and Loew's has 27 cameras in its store; that the airport has dozens of cameras to assist in its users security; that the downtown merchants have expressed support for the program; that everyone's first choice is to hire more police officers, but that is not an option; that the cameras will not intrude in one's privacy, but will allow a feeling of security. Police Chief, stated that the item, if approved, will come back to the Council for the installation and software portions; that there are grant funds available; that the department has been working on the program for several months; that now the end of the line to decide the matter is here; that the grant funds are targeted for cameras and can not be used to hire more police officers; that it is a technology grant; that as the Police Chief the recommendation is to authorize the purchase for the City to prevent crime; that some have stated that installation of the cameras will only displace crime; that if that happens, then the cameras are doing their job; that the crime in the downtown area is there due to tourists, shops and opportunity; that everywhere the cameras have been installed, crime has been reduced; that this is a proven program; that other Cities were contacted that have the program; that the feeling is that it is the best thing for prevention of crime; that the communities contacted do support the program; that the Chambers of Commerce in those same communities support the program; that the Chamber in Baltimore did not take a position, but have had little feedback from their community; that there are cameras already in place at the train station, that those particular cameras use an older technology, but are likewise monitored at the dispatch center; that the City does have an Ordinance in place that requires convenience stores to have closed circuit television on site; that robberies still occur, but that there would be more if the cameras were not in place; that there will be on going costs for replacements and due to vandalism; that there will be maintenance costs also; that the monitors will be placed in the dispatch center and used when a request for service come in; that it is the responsibility of the police department to try to prevent crime in this city; that the department should be able to catch criminals who perpetrate crime; that with the 14 cameras, that will be like 56 sets of eyes; that it would take an additional 4.2 officers to cover a 24 hour period for the City; that the cost would be around $2.5 million; that this is the use of technology for what it has been invented for; that this program will send a safe and secure message to the downtown visitor; that from here, if the program is approved, controls will need to be set in place; that the installation should not be done in a vacuum, but rather with media exposure; that that policies and procedures governing the use do need to be set in place; that the cameras will not be used to view private areas, but public only; that the intent is not to violate people's right to privacy; that if prudent policies are set in place, abuses with the cameras will not occur; that signs will be posted informing the placement of the cameras; that the Attorney General was contacted to determine who can have access and view the videos; that if the same type of law is used as with some other records, the videos can not be viewed without a court order; that the videos are for the eyes of law enforcement only; that the determination of the Attorney General is pending; that should an allegation arise against an officer, the videos could be used to view the incident; and requested approval of the program. Councilmember Oden requested that the process of how the cameras will be utilized be explained. Council Minutes 06-13-01, Page 6 Police Chief stated that the monitors will be installed in the dispatch center; that there will be four monitors, with each capable of handling up to four cameras; that should dispatch get a call for service, one dispatcher will isolate the cameras in the area where the call for service is happening to assist the police officer in responding to the call; but that the cameras will not be monitored unless a call for service comes in from the area. Councilmember Oden questioned the estimate for monitoring the cameras on a daily basis; and how were the designated areas determined. Police Chief stated that an additional 4.2 persons would need to be hired to monitor the cameras for 24 hours, 7 days a week; and that the city was studied to determine the area that had the highest calls for service; that the downtown accounts for 25% of the calls. Councilmember Oden questioned if other Cities used signage regarding the placement of the cameras. Police Chief stated none of the Cities inquired use signage; that there have been references that there is not a lot of crime in Palm Springs in comparison to Los Angeles; but that the crime index in LA is 4.6%, while in Palm Springs it is 6.8%. Mayor stated that one must remember it is the number of incidents actually reported; that in the case of the annexation of the area north of 1-10, figures were provided to the City citing a low number of incidents called in on 911; that after the area was annexed, the calls are much more frequent; that when the increase was investigated, it was found that the response time to 911 calls from the City of Palm Springs was much faster than the County, thus encouraging the use; that at a past study session it was reported that the period of September 1, 1999 through May 21, 2001 there were 30,870 calls for service in the City; that when the calls are broken down to areas, it is determined that a high number of those calls are concentrated in a specific area; that in order to provide safety and security to the residents a higher form of technology needs to be employed; that there will be more "eyes" on the street to assist the police officers and requested the description of services offered by the Downtown Experience Office. Police Chief stated that the downtown experience office was established in 1998; that it has been a good concept; that there is permanent staffing in place and it has made a difference in criminal activities downtown. Councilmember Oden clarified that the reports given to Council indicate that the majority of crime is in the downtown corridor. Police Chief stated that 25% of all crime in the City does occur in the downtown area. Councilmember Hodges stated that this issue has a bad feeling about it; that a lot of thinking and input has been considered; that even the coworkers at her business have opinions regarding the issue; that most do indicate that while liking the aspect of security, the feeling of big brother is there; that there is private property involved; that even though references have been made to security cameras at the airport, that is a federal regulation; that the wants of the merchants is heard and appreciated; but she personally has not heard that Council Minutes 06-13-01, Page 7 people are afraid to walk downtown at night; that having a lot of activity downtown is what the Council has wanted; that it is a good thing; but to add cameras to watch your activities is something that can not be supported; that it is good that the departments are out seeking grants, but in this case, it is not a grant that should be used. Councilmember Oden questioned the City Attorney on any legal liability. City Attorney stated that the staff report does contain some analysis regarding legal liability; but that the City Attorney has not been consulted on the matter and has no formulated opinion. Councilmember Oden stated that the question before the Council is not whether it supports the police chief and the department, but one on using cameras to monitor the downtown; that it is not a comfortable idea; that phone calls, e-mails, individual contacts have been made; that there are cultural differences in this community; that opposition by individuals does not mean that they are criminals; but that it is the feeling that is created by the cameras; that a little more investigation needs to be done on the issue; that there are issues on the monitoring and who will do the monitoring; that the Cities number one revenue generator is tourism, and that the City needs to determine the effect the cameras may have on it; that each time the media has addressed the issue, it has been negative; that a negative message is being sent out regarding the program; that it is not the message the City wants or needs to be sent out; that there may be other ways we can participate with our police department to help curb the criminal activity and that it may be that our Community needs more involvement. Councilmember Jones stated that he was not in agreement with Councilmember Oden; that this is a worthwhile program; that there is no more research that can be done on the issue; that many hours have been spent in reviewing the issue and comparison with other Cities; that in Europe, virtually every place has cameras; that it is a proven fact that crime is deterred; that the main concern of any visitor is crime; that the cameras will be a favorable asset for our European tourist; that he personally does not understand the invasion of privacy issue that people are speaking of; that one does not go downtown to have sex, but rather to be in a public atmosphere; that the City does not have additional funds to hire more police officers; that this City has two to three times the crime of Cathedral City; that the grant funds can not be spent on any other program; that this is a public safety issue; that every male member in his own family has served in the military; that this type of program does not take away from the liberties they fought for; that it is an important aspect to place signage around town indicating the use of the cameras; that in itself that will be a deterrent; that what would happen if someone was a victim of crime, that could have been prevented if only the cameras had been put in place; that the tourism industry supports the program; that the downtown merchants support the program; that the program will not frighten away any customers; that the direction of the police chief and department should be supported; and recommended approval. Councilmember Reller-Spurgin commented that it is sad that the Council has to have this type of discussion; and added that it is clear we now live in a society that has to be watched; that to think there have been 30 rapes in this corridor alone in one year is unconscionable; that there is concern that the City Attorney has not reviewed the matter; that when an issue such as this that involves the Council Minutes 06-13-01, Page 8 possibility of civil liberties, the attorney should have been the first consulted; and that it is difficult to make a decision when the legalities of the issue have not been determined. Mayor stated that the issue is not whether the Council supports the police department; that all on the Council support the department; that the request is for a new technology; that the program will increase the presence downtown; that it is this Council that has helped recreate the downtown; that with the recreation, more crime has resulted; that it is clear the City can not add additional officers; that the cost is prohibitive; that if the Council provides a presence of 16 camera locations, crime will be deflected; that the criminal element is there and growing; that implementing this program will provide a vehicle for the police department to use; that it may in fact assist the fire department on its calls for service; that anytime a community makes a change there is apprehension; that if the Council recalls, when he, as a newly elected Mayor, started bringing a laptop to meetings, there was criticism; that it was perceived that the Mayor was not listening; that it was just a tool to enhance the performance of his duties, just as this is a tool for the police department; that the concept has merit; that it is a good use of grant funds; that it will help deal with the criminal element downtown; that the question of whether it will displace crime is valid; that it is not clear where the criminal will go, but that this is where they are now; that this is a first step; and that this will be a good use of technology for the City. City Manager stated that this is a State grant, thus the question on legality is answered; that the State would not offer grants on something that would be legally questionable; that the issue is a policy decision of the Council; and that the issue of public access to the videos will be addressed by the City Attorney should the Council approve the program. Councilmember Reller-Spurgin questioned how long the tapes would be kept. Police Chief stated 90 days. Councilmember Reller-Spurgin stated that she did tour the dispatch center to see where the monitors would be placed; that after the visit there was a change in her perception of the intent; that the monitors are not constantly watched; that if something occurs the dispatcher can pick up the situation immediately; that originally she felt it may not be the right thing, but after the visit, it is clear that this is a public safety issue and that it is the responsibility of the Council to provide for the safety of its citizens. Councilmember Hodges questioned if the program will result in the hiring of a full time employee. Police Chief sated that if the Council wants the camera monitored constantly, that is one issue, but it is not recommended or the best use of manpower; that when a call comes in the dispatcher will handle the call, while another dispatcher monitors the camera to assess the situation. Council Minutes 06-13-01, Page 9 Councilmember Hodges stated the Council might wish to consider placing signage, but not the cameras. Minute Order 6859 as recommended was presented; after which, it was moved by Jones, seconded by Kleindienst and carried by the following vote that MO6859 be adopted. AYES: Jones, Reller-Spurgin and Kleindienst NO: Hodges and Oden ABSENT: None 2. GARDEN SPRINGS Recommendation: That the Council approve a Settlement Agreement, copy on file in Office of the City Clerk, with Garden Springs Apartments, a California Limited Partnership, located at the southeast corner of Indian Canyon Drive and San Rafael Road. A4369. City Attorney reviewed the staff report and recommended approval. Minute Order 6860 and Resolution 20069 as recommended were presented; after which, it was moved by Oden, seconded by Jones, and carried by the following vote that MO6860 and R20069 be adopted. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges ABSENT: None. 3. BOARD AND COMMISSION APPOINTMENTS On June 6, 2001, Council directed this matter be continued to this date for appointments of Board Members and Commissioners. Councilmember Oden questioned the process; that it is not comfortable in doing the appointments in this matter; that this situation is like a personnel matter; and that he will not take part in the discussion. City Attorney stated that an appointment to boards and commissions is not a personnel matter. Councilmember Oden stated that he personally would not hold a discussion on individuals that have applied for board and commission openings in a public setting and added it is unethical. Councilmember Jones questioned what direction Councilmember Oden wanted to take with the appointments. Councilmember Oden stated that he did not want individuals discussed at a public meeting. Councilmember Hodges stated that there is no discussion; that the Mayor makes his nominations and the Council approves the nominations or not. Council Minutes 06-13-01, Page 10 Councilmember Oden stated that there are some recommendations that were not made by the Council; that the Council is aware of the situation and that the situation is unchanged. Mayor stated that the Council should fill as many positions as it can; that there are two commissions that there may be disagreement with; that those two can be held to the last and be considered separately. Mayor made the following appointments: a) Commission Appointments: Terms ending 6-30-2004. Administrative Appeals Board 2 Nina Clifford, Incumbent Re-appointed Edward Joseph Airport Commission 3 Chuck Cheeld, Incumbent Re-appointed Bert Engelhardt Gary Lueders Human Rights Commission 3 Dean Stephen-Kauffman, Incumbent Re-appt. Michael McCulloch, Incumbent Re-appointed Joseph Aguanno Library Board 3 Janice Lyle, Incumbent Re-appointed Richard Hostrop, Incumbent Re-appointed Lynne Bushore (term 6-30-03) Parks & Recreation 4 Bruce Bushore, Incumbent Re-appointed Dale Holt, Incumbent Re-appointed Nancy Bentinek David Darrin (term 6-30-03) Personnel Board 1 Sidney Chambers, Incumbent Re-appointed Public Arts Commission 2 Leo Cohen, Incumbent Re-appointed LeeOna Hostrop, Incumbent Re-appointed Rent Control Commission 3 Nancy Blee, Incumbent Re-appointed Michael Holzman, Incumbent Re-appointed Bob Turanchik Villagefest Board 2 Eva Karlstrom, Retail Scott Meredith, Retail after which, it was moved by Reller-Spurgin, seconded by Hodges, and carried by the following vote to ratify nominations. AYES: Hodges, Jones, Reller-Spurign and Kleindienst NO: Oden Council Minutes 06-13-01, Page 11 Mayor presented nominations for the Planning Commission as follows: Planning Commission 2 Mark Matthews, Incumbent Re-appointed Stephen Payne after which, it was moved by Reller-Spurgin, seconded by Jones, and carried by the following vote to ratify nominations. AYES: Jones, Reller-Spurgin and Kleindienst NO: Hodges and Oden Councilmember Oden stated opposition to the process. Mayor questioned the basis of the opposition. Councilmember Oden stated that without discussion on the Commission where a no vote was rendered, it implies something amiss; that the names of individuals were read; that the public may think that something is wrong with someone who garners a no vote; and the entire process is upsetting. Mayor questioned if the process was different this year. Councilmember Oden stated that the process was different; that recommendations were made by the Council, but were not accepted by the Mayor. Mayor questioned if the reference is being made to the Historic Site Preservation Board. Councilmember Oden stated that the issue should not be debated. Councilmember Jones stated that while one may not like the process, it is in the City's Charter; that it is the Mayor's privilege to make the nominations, but that the process should not have been misleading. Councilmember Reller-Spurgin stated that each time Commission appointments have come up the full Council has been involved in the process; that in fact, Councilmember Jones did not even attend the scheduled interviews; and that the Mayor did ask for recommendations from the Council; that one of the individuals that she recommended was not nominated by the Mayor; but that this is the process. Councilmember Oden stated at that last meeting he questioned the process; and added that if his involvement does not matter, his time should not be wasted. City Attorney stated that the process works by the Mayor nominating an individual for a commission or board; that the nomination must be approved by the Council; that if the Mayor makes no nominations, then no one is put forward; that for example with the Historic Site Preservation Board, the Mayor could nominate individuals one by one and then the Council could approve or disapprove of each individual nomination. Council Minutes 06-13-01, Page 12 Councilmember Oden stated that would be satisfactory. Mayor stated that there are four individuals that could be placed forward for nomination to the Historic Site Preservation Board. Councilmember Jones stated that he personally did not participate in the interview, and therefore did not waste the 15 hours used in the interviewing. Councilmember Oden stated that in that case, Councilmember Jones voted on something that he had no participation in. Councilmember Hodges clarified that the Council's obligation is to vote on the nominations; that the Mayor accepted the recommendations and input of the Council and has come to his own determination regarding the nominations. Councilmember Reller-Spurgin stated that the nominations do not mean the Mayor did not listen to the Council; that personally she does feel she was a part of the process, but that the Mayor simply has different opinions on some matters. Councilmember Oden stated that the Council did have the opportunity to participate, but that in the future it does need to be clarified, that the recommendations made by the Council can or can not be embraced by the Mayor. Mayor stated that in the case of the Historic Site Preservation Board, there were four recommendations for three of the individuals; that one of the individuals did not get a consensus of votes; and therefore he is nominating the four as presented. Councilmember Jones stated that the Historic Site Preservation Board was his responsibility to short list; that time was spent in considering the applicants; that it was indicated that the Mayor would not reappoint one member from the Board; that when that was learned, it was felt that the time spent on the process was a waste; that it was then he dropped out of the process; that when something is predefined, what does it matter whether you participate or not; that the process is outlined in the Charter; that the Charter is what governs; that while one may not agree with the outcome, the way the Charter is written, it is clear the Mayor does have the prerogative to nominate, with Council ratification. Council Minutes 06-13-01, Page 13 Councilmember Hodges stated that in this case when the Council got to the point of recommendations on individuals, specific discussion was held on one individual; that discussion is not reflected in this particular nomination. Mayor directed that the following Boards and Commission be reopened for the application process. Historic Site Preservation 4 Re-open Village fest Board 1 Re-open-Jeweler ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 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 JUNE 18, 2001 A Special Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Airport Celebrity Restaurant, 3400 Tahquitz Canyon Way, on Monday, June 18, 2001, at 6:30 p.m. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Brown Act Provision for call for Special Meetings. PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: None. LEGISLATIVE ACTION: 1. PALM SPRINGS INTERNATIONAL AIRPORT MARKETING PLAN Recommendation: That the Council consider marketing alternatives for the Palm Springs International Airport. Power Point Presentation by SH & E, copy on file in Office of the City Clerk. Tim Ellis, stated there were a number of points brought up in the report that are already known; that the questions is what more can the City do; and that the airport is at a stumbling block and needs to do better; that the relationship between the airport and the hospitality industry is very important; that the Industry needs to participate in maintaining a strong relationship; that the relationship has worked well over the past five years and does need to be maintained. Jim Dunn, Convention Center Manager, stated that it is difficult to get groups in the summer and questioned what can be done to overcome the difficulty. Mike Fife stated that conventions are booked years in advance; that the Valley is not perceived as being year around; that the business is seasonal; that group business is very important to the economy and added that regional jets are not the answer to the Valley's problem. SH & E reviewed statistics from presentation regarding seating available on regional jets and added that the industry is headed that way; that currently the City does subsidize American Airlines; that the subsidy does not sit well with the other airlines; that the opportunity to push forward is now; that as passenger demand increases, so will the jet size; that Palm Springs has been doing well, but the situation needs to be viewed from a carriers point; that it is recommended to get the regional flights; that all carriers want to be a part of success; that once Palm Springs establishes that success more carriers will want to be a part of the action; that the investment for the airlines is smaller for the regional jet, but patterns develop that encourage the use of larger jets and that the sole purpose of the report is to help find avenues to bring business to the airport. Mayor stated that the report does need to be studied in depth; that the key message seems to be to develop a strategy to a targeted audience on a regular basis; that media needs to be used; that contacts with carriers encouraged; that a single spokesperson at the airport is being recommended; that it has been determined that the Foreign Trade Zone and the Customs Office should not be the priority at this time; that closer hubs need to be enticed to the airport; that the growth at the airport has been good, but can be better; and that more study should be given to the written report. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 20, 2001 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, June 20, 2001, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Councilmember Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 15, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 10 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business At this point the Council convened as the Community Redevelopment Agency and the Palm Springs Finance Authority; and met as all three entities. Note: The following items were moved on the agenda and appear in order of discussion. PUBLIC HEARING: (Joint Hearing as City of Palm Springs City Council, Community Redevelopment Agency and Finance Authority) CONVENTION CENTER 26. REFINANCING OF 1991 CONVENTION CENTER BONDS Recommendation: That the Council approve and authorize the execution of Supplemental Trust Agreements #2 and #3 and other documentation with respect to the Financing Authorities approval of the Lease Revenue Refunding Bonds, 2001 Series A. (See FA 1.) City Manager reviewed the staff report. Director of Finance & Treasurer stated that Bond Counsel was available for questions. Councilmember Jones questioned if Option 3 was the only item for consideration; that before the refinancing, the balance of the loan is approximately $28.6 million; and that after refinancing and the approval of Option 3 the balance is $40 million. Council Minutes 06-20-01, Page 2 Director of Finance & Treasurer stated that the resolution was written with some flex in the amount to allow for the fluctuating of interest rates; that the actual amount should be approximately $38,455,000. Councilmember Jones stated that the approval result is that the debt is increased on the Convention Center; that the balance will be $10 million more than now; that the over all debt will increase from $45 million to $55 million. Mayor declared the hearing open. Howard Lapham, no address given, requested approval of the item; and added that the hospitality industry is the largest revenue spenders in the City; that a solution needs to be found for parking in the downtown; that there simply is not enough parking for the employees and the customers; that the customers have to search far from the store they are wanting to go to in order to find a place to park; that the City spends $9 million through the PSDRCVB, Convention Center operations and debt, tourism and other events to promote visitors to come to the City; that once the visitor comes they need a place to park; that after review of the staff report it is clear that the refinancing will help solve the downtown parking problem; that the City will be getting 20 years worth of parking without costing the taxpayer; that hopefully the MBIA will insure the bonds; that in the past it has not and did cost the City over $600,000; that it would help if there was a unanimous vote of the Council in obtaining insurance for the bonds and recommended approval of the items. There being no further appearances, the hearing was closed. Councilmember Hodges stated that while generally opposed to the refinancing of bonds, Mr. Lapham is correct; that there is a problem with parking in the downtown that this will be a solution to that problem; that the funds that are obtained from the refinancing should be used for the parking situation; and that any other item that comes before the Council using the refinancing funds should not be supported until the parking structure is fully secured. Councilmember Oden stated that the Council has tried to find ways in the past to address the parking issue downtown; that non were successful; that for some time parking was not an issue in the downtown, but now with the revitalization of the downtown corridor it is needed and that need should be met; that staff has provided an opportunity to fill the need; and recommended Council approval. Councilmember Jones stated that most of the time he does concur with Mr. Lapham, but in this case that is not so; that his opposition is not based on the refinancing; that the refinancing to get a lower interest rate for lower payments is good business; that it is the extension of time and taking of cash that should not be done; that the Council is using the Convention Center just as the Waste Water Treatment Plant was used; that the $6.7 million gain the Council will be getting will cost $14 million over the life of payment; that there have been no plans submitted for a parking structure downtown; that right now it is just an idea; that there are no designs being worked on; that when the merchants downtown discussed the parking situation, there were assessment districts proposed; that it Council Minutes 06-20-01, Page 3 is not clear what happened to that idea; that one of the reasons there is a parking problem in the downtown is there is no time limit in the municipal lots; that there is no other City that allows unlimited parking in its lots; that there are questions of what may happen to the Desert Fashion Plaza and its parking; that the issue has not yet been resolved; that the parking area at the Desert Fashion Plaza is never full and always has available spaces for parking; that there is a cost to the taxpayer; and that it comes down to the taxpayer financing a downtown parking structure for private enterprise and downtown employees. Councilmember Reller-Spurgin stated that the idea of refinancing has to do with the lower interest rates that are available; that the Council must take a proactive approach to the parking needs downtown; that if the downtown is healthy, then the City is healthy; and that the City Manager has stated that the parking structure will be a private/public partnership. City Manager concurred. Councilmember Reller-Spurgin stated that this is an important step for the City and it is fortunate to have a tool to do so. Mayor stated that the issue is whether or not to refinance; that one reason to do so is the interest rates; that the City will save $300,000 a year; that we, the Council did help create the problem, that the downtown is vibrant; that the vibrancy has resulted in a parking problem; that approaches were made to every aspect of the City budget to find funds to assist in the parking structure; that the refinancing of the Convention Center will address the parking situation; that the total combined of all the refinancing will give the Council approximately $7 million to help deal with immediate parking problems; that the plans and design will come later once the funds are in place; that there are favorable interest rates for the bonds and that the matter is time sensitive. Resolution 20070 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and carried by the following vote that R20070 be adopted AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. Council Minutes 06-20-01, Page 4 City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL LEASE AGREEMENT NO. 3 RELATING TO THE CITY OF PALM SPRING FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2001 SERIES A (CONVENTION CENTER PROJECT) after which, it was moved by Hodges, seconded by Oden and carried by the following vote, that further reading be waived and the Ordinance be introduced for first reading. AYES: Hodges Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. PUBLIC COMMENTS: 3-minute limit per person on matters related to the Bond Refinancing. None LEGISLATIVE ITEMS: CONVENTION CENTER BONDS 1. REFINANCING OF 1991 CONVENTION CENTER BONDS Recommendation: That the Authority approve the refinancing of the 1991 Convention Center Bonds, utilizing one of three options, none to exceed an issuance of$40,000,000. Councilmember Jones stated that it is difficult to negotiate a private/public partnership when the City is already stating it has $6.7 million to fund the parking structure; that while not opposed to the refinancing, the savings should be used to offset the $2.3 million budget deficit for the coming year; that the refinancing may be time sensitive, but there will be another opportunity in December of this year or May of next year; that it is not clear where interest rates are headed; and that right now they are down, but this may not be the best opportunity that opens up. Councilmember Hodges stated that Councilmember Jones may be correct in his analysis of the loan payments, but that the concern is, if nothing is done to address the major problem of parking downtown, the City will lose even more than the $300,000 it could save in the refinancing; that at this time one has to drive around to try to find a place to park; and that with parking at a premium, in order to protect the revenue an alternative must be found. Councilmember Jones stated that Councilmember Hodges is correct, but that the private portion should be set in place before the Council proceeds. Councilmember Hodges stated that there is no disagreement, but that the players in this game should not be underestimated; that the merchants are Council Minutes 06-20-01, Page 5 willing to work with the City; that they want a structure; that it is their employees that need a place to park; and that this will be a cooperative effort. Councilmember Oden stated that the Parking Think Tank has on going meetings with the Community; that he has been present at the meetings; that in addition to the refinancing there are in-lieu fees; and that the downtown businesses have to comply anyway. Resolution FA22 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that FA22 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. HOUSINGS BONDS 2. REFINANCING OF 1991 HOUSING TAX ALLOCATION BONDS Recommendation: That the Authority approve the refinancing of the 1991 Housing Tax Allocation Bonds, issuance, not to exceed $6,000,000. Director of Finance & Treasurer reviewed the staff report. Councilmember Jones stated that this is what should be done likewise with the Convention Center Bonds. Resolution FA23 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that FA23 be adopted. E. REFINANCING OF 1991 HOUSING TAX ALLOCATION BONDS Recommendation: That the Agency authorize and direct the bond issuance, not to exceed $6,000,000 principal amount of its 2001 Housing Tax Allocation Bonds; approve a purchase contract; and authorize the execution of necessary documentation. (See FA2) Director of Finance & Treasurer stated that this is a concurring action with the previous action. Resolution 1131 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R1131 be adopted. 33. REFINANCING OF 1991 HOUSING TAX ALLOCATION BONDS Recommendation: That the Council authorize the refinancing of certain obligations of the Financing Authority and the issuance of the Community Redevelopment Agency 2001 Housing Tax Allocation Bonds. (See FA2). Council Minutes 06-20-01, Page 6 Director of Finance & Treasurer stated that this action would concur the previous action. Resolution 20071 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried that R20071 be adopted. ASSESSMENT DISTRICT 32. ASSESSMENT DISTRICTS 157 AND 158 BOND ISSUE Recommendation: That the Council authorize purchase of the Assessment District 157 and 158 bonds via amendment of the Bond Indenture; adopt a bond issuance procedural ordinance (Mark Roos Act) and the issuance of limited obligation revenue bonds. Director of Finance & Treasurer reviewed the staff report. Councilmember Jones questioned if this action was similar to the Housing item and if there is an extension to the number of years. Director of Finance & Treasurer stated that the payments stay the same, but the cash will be taken out up front, thus creating additional cash to be held for capital improvements. Councilmember Jones questioned if the same thing could have been done for the Convention Center Bonds; and if the savings could be used annually to offset the budget. Director of Finance & Treasurer stated it could have. Councilmember Reller-Spurgin questioned the annual savings. Director of Finance & Treasurer stated that the savings would be approximately $35,000 to $40,000. Mayor stated that the combination of the refinancing creates the funds to bring a total of$7 million to be used in capital improvements. Councilmember Reller-Spurgin questioned which capital improvements. City Manager stated that a discussion would be held at a later date to compile a priority listing of improvements. Councilmember Reller-Spurgin questioned if the projected projects would come to Council for final approval. City Manager stated that it would be the Council that could compose the priorities. Council Minutes 06-20-01, Page 7 Mayor stated that this action is in keeping with the previous actions of the Council; that direction was given to staff in May; that staff has carried out the direction; and that this discussion is not to approve the capital improvement program or projects, but to create a pool of funds. Adjourn as Financing Authority; reconvene as Community Redevelopment Agency COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING: None PUBLIC COMMENTS: Howard Lapham, no address given, stated that the deal with the Convention Center should have been unanimous; that the bonding for the Monte Vista Hotel did have problems; that there are many concepts for the parking structure downtown; that it is needed and that Councilmember Jones should have thought of that. John Wessman, recommended approval of the Redact agreement; and added that the downtown is being revitalized due to the efforts of Mr. Ogburn. LEGISLATIVE ITEMS: A. DESERT FASHION PLAZA On June 6, 2001, the Agency continued this matter to consider the approval of an Exclusive Agreement to Negotiate with John Wessman, dba Wessman Development Company, for the Desert Fashion Plaza, located on a 13-acre parcel on the corner of Tahquitz Canyon Way and Palm Canyon Drive. Executive Director withdrew the item. B. 2000-01 FISCAL YEAR BUDGET AMENDMENTS Recommendation: That the Agency approve budget amendments to allow the repayments of loans and the reloaning of funds from the General Fund. Executive Director reviewed the staff report. Agency Member Jones questioned if this will finalize the $300,000 to assist the General Fund. Executive Director stated it would and that in addition there would be no impact on current projects. Council Minutes 06-20-01, Page 8 Director of Finance & Treasurer stated that this is a part of the funding operation for the debt service to repay the General Fund; and that this is a housekeeping item. Resolution 1132 and Resolution 1133 as recommended were presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R1132 and 1133 be adopted. C. 2000-01 CONTINUING APPROPRIATIONS Recommendation: That the Agency authorize the continuation of appropriations from fiscal year 2000-01 to fiscal year budget 2001-02 for projects not completed. Executive Director reviewed the staff report. Agency Member Hodges stated that the resolution calls for $500,000 for Garden Springs; that at the last meeting approval was given for $1 million; and questioned when the additional funds would be allocated. Director of Redevelopment stated that the agreement with Garden Springs is based on construction phases that release payment upon completion; that the appropriations will be spread out over the next one and one-half years; and that this is the only portion needed at this time. Agency Member Jones stated that there are projects on the list that he does not support, and will therefore vote no on the entire Resolution. Chairman clarified that the item before the Agency is to continue the funding for various projects that were not completed, to the new fiscal year budget. Agency Member Hodges stated that the projects listed for continuation are projects that the Agency has previously approved. Resolution 1134 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote that R1134 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. D. REDAC2 Recommendation: That the Agency approve an agreement with Redac2, Jerry Ogburn, for the continuance of the Village of Palm Springs Development Center for$144,000 for a term of one year, ending fiscal year 2002. A422C Council Minutes 06-20-01, Page 9 Executive Director reviewed the staff report and added that the Downtown Director will be coming before the Council on a quarterly basis for an update of the status of the downtown; that there is a lot of activity occurring; that the role of the Downtown Director is important to the City and recommended approval. Agency Member Oden stated the efforts of the Director of Downtown Development are appreciated. Agency Member Jones stated that the Director has done a good job with the downtown; and added that the energy needs to be redirected to derelict hotels in town; that the City does get ten percent of the gross of the hotels; that programs to improve the area on Indian Canyon also need to be started; that there are projects that the Downtown Director is working on that others find out about before the Agency; that it is important for the Agency to be aware of what the Director is working on; that most of the Department Heads do weekly reports to the Council and it would be best if the Downtown Director did likewise; that there have been a number of night clubs and bars that have been approved for a concise area; that the establishments require a lot of City services; that other types of businesses do not require the same level of response; that for instance, in a shoe store the police are not called at 3 a.m. to quell an incident; that it may be that the City has enough of bars and nightclubs and the focus on different businesses in downtown needs to start and added that a business coming in should also be considered on the amount of services they will require and how viable it will be for the downtown. Chairman stated that the item before the Agency is the consideration of the contract; that it would be best to bring the discussion of altering the scope of services at a later date. Agency Member Jones stated that the contract should be redirected in its focus. Agency Member Oden stated that the Members of the Agency may be in agreement with the reconsideration of the scope of services; that the discussion could be scheduled at a later date and that the Agency should consider the agreement before it at this time. Resolution 1135 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R1135 be adopted. Adjourn as the Community Redevelopment Agency, reconvene as the City Council. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Council). Wendy Busig Kohn, stated that due to the energy crisis Muriel's will be closing until October; that Las Casuelas will be going solar and that there will be a solar demonstration in the Council Chamber on Saturday, from 9 a.m. to 11 a.m. Council Minutes 06-20-01, Page 10 John Neilson, stated that he would be available for questions regarding item 30; that he was the General Manager for the Joint Powers Authority; that the program was founded in 1980; that the insurance market does work in cycles of hard and soft; that the Group was originally founded with five members; that it has assisted the Cities in successfully obtaining good rates and requested support of the item. Emily Hemphill, 777 E. Tahquitz, stated that regarding item 24, the Country Club did discuss the item at its last meeting; that when watching the last meeting of the Council regarding this matter the Club was put in the position of sounding greedy; that the Club is an equity based Club; that it is owned by its members; that the only asset the Club has is its golf course; that the Club would not endanger its own asset; that a review of the matter was done; that professionals were worked with; that the members were advised of the concept; that only one person stated any opposition; that the rest of the members were supportive; that someone had indicated that the tower could be placed at the fire station; that the site is inappropriate; that the fire station is located in a residential area; that the Club needs the revenue it would get from the tower; and requested Council support of the matter. Erwin Pearl, stated that the Council decision at its last meeting was disturbing; that one homeowner swayed three out of five votes of the Council; that as President of the Club he is answerable to the 400 members and spouses; that the tower was supported by the Club; that the revenue is needed to help offset problems; that the tower will blend into the background; that the members are in support of the tower and requested Council consideration of same. Jan Hart, General Manager of the Club; stated that the Council perception at its last meeting was dismaying; that there is a misconception; that the beauty of the golf course will not be sacrificed by its members; that the budget is the general manager's responsibility; that this item will help the budget; that there are members being lost through attrition; that the support of the Club is for the tower and requested that the Council reconsider its previous decision. Kim Berry, Nextel, submitted pictures showing the proposed site and added that the Club is in support of the tower; and requested Council reconsideration of its previous decision. Theresa Howell, stated that she is familiar with the Flukes family; that where their home is located on the course the tower will be an eyesore; that many of the homeowners of the Club are absent from the area at this time; that they will be upset if the matter is approved because their property values will decrease; and that the tower will alienate any potential new buyers. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 25, excluding items 6, 9, 14, 23 and 24 and withdrawing items 4, 5, 7, 8 and 15 be adopted. Council Minutes 06-20-01, Page 11 CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Councilmember Hodges stated that she would no longer be abstaining on matters related to Ferguson, as they no longer employ her. 1. MO 6861 approving the Amendment #3 to Agreement 3120 for the Welwood Murray Memorial Library lease extending the term to July 6, 2007, effective July 7, 2002. 2. MO 6862 approving Amendment #1 to Agreement 4244 with Dupont Flooring Systems for carpet maintenance services at the airport for the period of July 1, 2001 through June 30, 2002. 3. MO 6863 approving purchase order from Cordes Data System for building permit and parcel data software for $20,000. 4. MO ----- approving the consent to assignment of Maritime Trust/Foreign Trade Zone Solutions to Ernst & Young relating to the foreign trade zone major boundary modification application for $15,000. A4350. Item withdrawn. 5. MO ----- approving the consent to assignment of Maritime Trust/Foreign Trade Zone Solutions to Ernst & Young relating to the foreign trade activation for $12,500. A4342. Item withdrawn. 6. SEE EXTENDED CONSENT AGENDA 7. MO ----- approving Amendment #1 to Agreement 3468 with Arnold Palmer Golf Management Company for the lease of the Legend Course at the Tahquitz Creek Golf Resort, in a form acceptable to the City Attorney. Item withdrawn. 8. MO ----- approving management agreement with Arnold Palmer Golf Management Company for the Resort Course at Tahquitz Creek Golf Resort, and rescinding A3469, in a form acceptable to the City Attorney. A-----. Item withdrawn. 9. SEE EXTENDED CONSENT AGENDA 10. MO 6864 approving purchase order with ARI-Hetra Inc., for a portable heavy equipment lift system and accessories, for$42,423.95 via CMAS program. 11. MO 6865 approving an agreement with Pac West Land Care for landscape maintenance services of parkways, assessment districts and miscellaneous landscaped areas within the City for $346,776, annually, effective July 1, 2001. A4372. 12. MO 6866 approving an agreement with the State of California Department of Corrections to allow use of the Firearms training range for a term of one year for $3,000. A4373. Council Minutes 06-20-01, Page 12 13. MO 6867 approving purchase order with Motorola Inc., for the purchase of nine portable radios for the police department reserve unit for $24,390.68, plus delivery costs. 14. SEE EXTENDED CONSENT AGENDA 15. MO ----- approving the reimbursement of $222,000 for a CNG powered food waste vehicle to Palm Springs Disposal Services, per Amendment #4 to A3082, and Res amending the budget thereto. Item withdrawn. 16, Res 20072 and Res 20073 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Street Lighting Maintenance Districts (SLMD) 1 and 2. 17. Res 20074 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Street Lighting Maintenance District (SLMD) 3. 18. Res 20075 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Street Lighting Maintenance District (SLMD)4. 19. Res 20076 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Parkways Maintenance District (PMD) 6A, 6B and 6C. 20. Res 20077 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Parkways Maintenance District (PMD) 7. 21. Res 20078 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Parkways Maintenance District (PMD) 8. 22. Res 20079 declaring intent to levy and collect annual assessments for 2001-02, and setting July 18, 2001, for hearing thereon for Parkways Maintenance District (PMD) 9. 23. SEE EXTENDED CONSENT AGENDA 24, SEE EXTENDED CONSENT AGENDA 25. Res 20080 and 20081 approving Payroll Warrants and Claims & Demands. Council Minutes 06-20-01, Page 13 EXTENDED CONSENT AGENDA: 6. GENE AUTRY BIKEWAY Recommendation: That the Council award contract to 4-Con Engineering, Inc., for the construction of the Gene Autry Trail Bikeway for $230,603.75; and finding the low bid of James E. Simon Co., as non-responsive, CP99-14. A4371. Councilmember Hodges stated that there is concern for the design of the bikeway; that the Heritage Trail did not meet the standard of what was desired; that the contract is being awarded at this time and that clarification is needed on the design. Councilmember Jones concurred with Councilmember Hodges; and added that the City should not be building bikeways that are in fact sidewalks. City Manager stated that the Council would see the final detail plans of the construction at a later date. City Engineer stated that the design of the bikeway is eight feet wide of colored concrete; that it is in accord with Caltrans approval; and that Caltrans did dictate the size. Councilmember Hodges stated that there is a problem when a sidewalk is used as a bikeway. Mayor questioned if the two could be separated in this project. City Engineer stated that they could be separate, but that in this project it was deemed to be combined due to the adjacent high-speed roadway; that the wider sidewalk designed also as a bikeway will keep bicycles out of the roadway. Councilmember Hodges questioned the area to be constructed. City Engineer stated that this would fill in missing links and run from Calle San Rafael by Mesquite to Vista Chino. Councilmember Jones stated that the reality is that the wide sidewalk will be put in and be used by walkers, but the bicycles will ride in the street. Mayor questioned the plan on the east side of the street. Director of Planning & Building stated that the City does have a range of bikeways; that the CODA project will fill in the east side; and that the project will have more of a meandering look to the sidewalks. Mayor questioned if there is adequate space for separate sidewalk and bikeway. City Engineer stated that there is only eight feet available. Council Minutes 06-20-01, Page 14 Councilmember Oden questioned how soon the project would be complete, if there will be signage and an update of the bikeway maps; and stated that as society moves more to protection of the environment, more bicycles will be used. Mayor stated that it appears there is not enough land available on this side of the street to separate the paths and that it appears that the other side of the street will be more traditional in its use. Minute Order 6868 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that MO6868 be adopted. 9. STATE PROPOSITION 12 Recommendation: That the Council approve the encumbrance per capita grant program funds as designated in State Proposition 12 on behalf of the City of Palm Springs by the State of California Department of Parks and Recreation, Office of Grant Services for $395,000. Assistant City Manager reviewed the staff report and added that the Parks and Recreation Commission did recommend approval; that the concept is to submit the resolution for encumbrance for the State to designate the funding to the City; that the City is not required to match the funds, but the funding must be used for parks or recreational needs. Councilmember Oden stated that the Council did anticipate the receipt of the funds; and that the direction on how to use the funds will come at a later date. City Manager stated that the skate park discussion would be scheduled for an upcoming study session. Mayor stated that the funding is based on the Parks Bond Act of the State and is allocated on a per capita basis. Councilmember Jones stated that it was not clear what the funding could be spent on; and questioned if the project had to be named for the encumbrance and if the City would then be committed to building the skate park. Assistant City Manager stated that the resolution is merely the encumbrance of the funds and that the project was not named. Councilmember Jones stated that there should be concern regarding a memo from the Assistant City Manager to the City Manager regarding the fundraising portion for the skate park; that the memo indicates only $5,000 from the general public for support; and that indicates there is not a big interest by the Community to support the project. Mayor clarified that the action before the Council is to request the State to encumber the funds that can be allocated to the City. Council Minutes 06-20-01, Page 15 Councilmember Oden expressed disagreement with Councilmember Jones; and stated that the Committee does not have any renderings to start the fundraising; that the donations thus far are given without a fundraising program in place and that when the fundraising begins in earnest, the Community will support the skate park. Resolution 20082 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that R20082 be adopted. 14. FRANCES STEVENS PARK PUBLIC ART Recommendation: That the Council accept the "Rainmaker" sculpture and water features, sidewalk and landscaping by DCM Studios, LTD., and approve final payment of$32,400.02 to DCM Studios LTD, for public art located at the Frances Stevens Park. Councilmember Jones stated that his opinion has been expressed many times on this project and questioned the exact cost of the project. City Manager stated that the original agreement was $221,000; and that there were two subsequent amendments approved bringing the total to $324,000. Councilmember Jones questioned if that included the 2000 invitations that were sent out in which 87 people attended. City Manager stated that the grand opening costs were separate. Councilmember Jones questioned the cost. Public Arts Manager stated that the cost was typical of all the receptions for the grand opening of art at $10,000. Councilmember Jones stated that none of the other pieces of art placed by the Public Arts Commission have been as controversial; and added that the cost of the reception ended at $114.00 per person at the cost of the taxpayer. Councilmember Oden stated that the art is good and that the work that has been performed was at City standard. Councilmember Jones stated that the project does create unhappiness; that it is controversial; and that it is unbelievable that the piece was set in place. Mayor stated that the piece is definitely in place; that it is a part of the City's culture; that it is an outstanding piece, a high quality piece of art; and that the work preformed by the artist, staff and the Public Art Commission is appreciated. Councilmember Reller-Spurgin commented that the piece is somewhat bigger than anticipated; that her own opinion is that she does not care for the art; but that she did support the item; that she gave her word to support the item; and that she will continue to support the item. Council Minutes 06-20-01, Page 16 Councilmember Jones expressed appreciation to the Assistant City Manager for not including his name on the invitations and added that support of this matter may be the reason one incumbent was not reelected. Councilmember Reller-Spurgin clarified that it was a vote of the Council that approved the project, not a single vote. Councilmember Jones stated that recently in San Francisco he had viewed a fountain that was donated to the City that was beautiful. Councilmember Oden stated that when it comes to art, it certainly is in the eye of the beholder; that some people will like something, and others will not; that years from now this piece will be appreciated by all; that in the case of the previous incumbent Councilmember, all his work was appreciated; that he made a lot of contributions to the City and added that all past Councilmembers did a good job. Minute Order 6869 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that MO6869 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. 23. 2000-01 FISCAL YEAR BUDGET AMENDMENT Resolution 20083 and Resolution 20084 amending 2000-01 fiscal year budget to concur with CRA B was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried by the following vote that R20083 and 20084 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. 24. NEXTEL COMMUNICATIONS Recommendation: That the Council deny approval of Case No 5.0865, Nextel Communications Inc., for a Conditional Use Permit for the installation of a commercial communications antenna located at the Canyon Country Club Golf Course as directed at the June 6, 2001. Councilmember Reller-Spurgin stated that in reviewing the visual aides for the monopole, it was difficult to see the difference between the monopole and the palm trees and added that the item will have her support. Councilmember Hodges stated that there are two monopoles located by Palm Springs Ford in Cathedral City; that one of the poles looks like a tall pole with a bush on top, and it is not certain what the second one looks like. Council Minutes 06-20-01, Page 17 City Attorney stated that based on the public comments regarding the matter the Planning Director did have two separate resolutions for Council decision; that one is in support and the second in denial. Councilmember Jones stated the matter should not be supported; that the rights of an individual is why this nation has the constitution; that his own property is 200 feet wide and that a 60 foot pole disguised as a palm tree in that space would not be acceptable. Resolution 20085, revised to approve the Conditional Use Permit, with conditions, was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and approved by the following vote, that R20085 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones ABSENT: None. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Mayor stated that CVAG, Energy and Environmental Committee, is reviewing a shopping cart retrieval program proposed by Sunline. Councilmember Hodges requested a copy of future Planning Commission Meetings; and added that one matter before the Commission was referred back to Architectural Design, where it has already been six times. Councilmember Oden stated that the Council needs to be provided with a downtown corridor update. City Manager stated that a report would be provided to the Council regarding any possible closures for businesses or hotels. Councilmember Oden stated that the financial support for the Mizell Senior Center needs to be reviewed by the Council; and added that there are many services provided by the Center that will stop without the financial support. Mayor stated that there is a study on those who come to the Coachella Valley and the name of Palm Springs being thought of for all jurisdictions; and that the Council should start reviewing the possibility of changing the Coachella Valley name to the Valley of Palm Springs or Palm Springs Valley for future discussion. Council Minutes 06-20-01, Page 18 LEGISLATIVE ACTION: 27. 2001-02 FISCAL YEAR ALLOCATED POSITION AND COMPENSATION PLAN Recommendation: That the Council approve the Fiscal Year Allocated Position and Compensation Plan, City Manager reviewed the staff report and added that there were 445 positions in the last fiscal year and that there is 445.5 being presented. Councilmember Hodges questioned where the part-time position would be located. City Manager stated that there were changes based on the filling of part time positions to full time at the James O. Jessie Desert Highland Center. Mayor questioned if there were any organizational changes, such as new department heads. City Manager stated there were none. Councilmember Reller-Spurgin questioned if the recommendation was the same as was discussed during the budget process. City Manager stated the recommendation is the same. Resolution 20086 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R20086 be adopted. AYES: Hodges, Oden, Reller-Spurgin and Kleindienst NO: Jones ABSENT: None. 28. FISCAL YEAR 2000-01 CONTINUING APPROPRIATIONS Recommendation: That the Council authorize the continuation of appropriations from the fiscal year 2000-01 budget for projects not yet completed. City Manager stated there was a revision, copy on file in the Office of the City Clerk, which concerned funds at the airport. Councilmember Hodges stated that there is $19,000 available for use by the Historic Site Preservation Board and questioned if the Board was aware of the allocation. Director of Planning & Building stated that the Board was aware of the allocation and that it is designated for plaques. Mayor questioned the account titled Big Mac K-9 fund. Council Minutes 06-20-01, Page 19 Director of Finance & Treasurer stated that the fund was established in honor of a police officer, Mike McMullan, who has passed away, to help purchase new canines for the police department. Councilmember Jones stated that there is funding allocated for the design of the animal shelter and questioned if a new shelter was being proposed. Director of Finance & Treasurer stated the account is a carryover from the previous year; and the funds are available for possible use in the design stage. Resolution 20087 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried that R20087 be adopted. 29. CHOPHOUSE PAYMENT OF IN-LIEU PARKING FEES Recommendation: That the Council approve an agreement with Zachary Franks for the payment of In-Lieu parking fees for $110,000, for the Chophouse Restaurant, located at 262 South Palm Canyon Drive, CBD Zone, Section 15. A4374. City Manager reviewed the staff report and added that the business will be opening in the previous Chillers location; that it is nearing completion; that a soft opening is anticipated at the end of the month; that the original in lieu fee was $110,000; that $30,000 has already been paid; and that the business is requesting a three year payment schedule for the balance. Mayor questioned if the agreement is in keeping with the rate of$2,000 per stall. Director of Planning & Building stated that the agreement is in compliance with the Ordinance. Mayor stated that while a parking stall cannot actually be built for $2,000 each, the $110,000 would be going to assist the parking fund. Councilmember Oden stated that the agreement is commendable and indicates willingness for the community to work towards a private/public partnership. Councilmember Hodges stated that normally she is opposed to bending payment of fees; that in this case it is a landlord that does have a history of paying his bills and on time; and that this will allow Kaiser Grill to be located in two separate areas of the downtown. Councilmember Jones questioned if a business changes its use does it pay an in-lieu for parking. Director of Planning & Building stated that one a property pays, it covers that paid intensity of use; that in this case, the previous night club did operate under a conditional use permit, in which it leased up spaces for parking in the area; and that now all the leases are expired. Council Minutes 06-20-01, Page 20 Councilmember Jones stated that there is support by the merchants downtown for a parking structure, but that most of those merchants are not the property owners; and that it is the property owners that will have to pay for a parking structure. Councilmember Reller-Spurgin stated that there are responsible property owners; that for example, even when the economy was not doing as well, Las Casuelas paid its parking fees. Mayor stated that the Parking Think Tank is comprised of property owners in the downtown. Minute Order 6870 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that MO6870 be adopted. 30. INSURANCE RENEWALS FOR THE CITY OF PALM SPRINGS Recommendation: That the Council approve the City's insurance renewals effective July 1, 2001, authorizing the membership to The Independent Cities Risk Management Authority; and appointing representatives to same. City Manager reviewed the staff report and added that the renewal of insurance is needed before July 1; that the goal was to get the lowest price possible; that this year the premium did increase over last year, due to the liability policies; that it is recommended to join the Authority with one member to be the representative; that staff did scan the market and did find the best premiums available at this time. Councilmember Oden stated that Councilmember Reller-Spurgin is at the forefront of insurance issues and recommended that she be the representative for the City. Councilmember Reller-Spurgin accepted the designation; and added that it is disappointing that it is mid-June when this comes before Council with a decision necessary before July 1; that staff provided a large report that needs review by the Members of the Council, with no time for review; that a few years ago the Community at large was involved in the process, but not this time and added that it is difficult for a member to review such an item in a limited time frame. City Manager stated that staff would have preferred to get the issue before the Council at an earlier date, but that with the Insurance Industry the prices are not given until a policy is ready to expire; and that in the future, staff will endeavor to get a handle on the issue at an earlier date. Councilmember Reller-Spurgin stated that the Community has many assets in its citizens; and that the Community should have been involved in this process. Councilmember Jones concurred with Councilmember Reller-Spurgin and added that it is virtually impossible to review so much in the time permitted; that it is hard to evaluate the data other than the price has increased 40%. Council Minutes 06-20-01, Page 21 Councilmember Oden stated that with Councilmember Re]ler-Spurgin's representation for the upcoming year, the Council should be updated on the Industry on a timely basis. Resolution 20088 approving premiums and Resolution 20089 authorizing membership as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously approved, that R20088 and 20089 be adopted. 31. PALM CANYON THEATER FIRE DAMAGE REPAIR Recommendation: That the Council award an agreement to Commercial Diversified, Inc, for the Palm Canyon Theater fire damage repair, with options, total amount of contract with all options, not to exceed $252,000, and amend the budget in the amount of$60,000. A4375. City Manager reviewed the staff report and added that the agreement does include all concerns that the Council had wanted added, to include hiding the electrical lines; changing of tiles on the roof and hiding of electrical boxes located on the side of the building. Councilmember Hodges questioned if the insurance covered the restrooms. City Engineer stated the insurance did cover the renovating of the restrooms and is in Option 1. Councilmember Hodges questioned where the additional $60,000 would be allocated. Director of Finance & Treasurer stated that the grand total of the project is $386,588; that $321,000 would be paid by the Insurance Company; that the City would fund the additional items requested by the Council in the amount of $60,000 from Reserves; and that the insurance deductible would be covered through Risk Management funds at $5,000. Councilmember Reller-Spurgin questioned where the $186,190 was allocated and if the work has already been done. Procurement Manager stated that the design portion of the project was previously approved by the Council; that the Council also authorized certain upgrades past what the Insurance Company would cover; that the work has not been done as of yet; that the Historic Site Preservation Board did recommended the covering of exposed electrical conduit; that the roof is currently composed of two different types of tiles; that the Historic Site Preservation Board was concerned with the replacement; and that additional funds would be needed. Councilmember Hodges stated that the City just passed its budget and is now amending it; that it would be best to go with what the Insurance Company covered; and not take funds out of the City's reserves. Council Minutes 06-20-01, Page 22 Procurement Manager stated that it is the Council's decision and that if they did not want to do the additional work, it would not be done. Councilmember Jones stated that when this matter was first brought before the Council the deficit was not known; and that if it had been, the additional work may not have been recommended. Councilmember Hodges stated that the item could be approved, but that the work should not start until an additional $60,000 is found within the budget, but not through reserves. City Manager stated that other options for the additional $60,000 would be reviewed and brought back for Council consideration. Minute Order 6871 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that M06871 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 34. LIVESCAN FINGERPRINT EQUIPMENT Recommendation: That the Council consider approval of live scan fingerprinting equipment for an approximate amount of $20,000 plus monthly maintenance costs, installation and delivery. Materials to be provided at meeting. City Manager withdrew the item. ADDED STARTERS: (Determine eligibility for consideration) City Manager requested the matter of consideration of appointment to the Santa Rosa and San Jacinto Mountain Conservancy be added to the agenda for discussion. Councilmember Hodges questioned why the matter was not listed on the agenda for consideration. Mayor stated that discussion was held with the City Manager; that there will not be a meeting held next week; that an appointment does need to be made by July 2; and that recommendation was to add the item for discussion at this meeting. Councilmember Hodges stated that the item does not meet the criteria for adding it to the agenda; that staff was aware of the item last Friday; and that the Council packets did include a letter requesting the appointment. Director of Planning & Building stated that a letter was received by the BLM; that the City does need to endorse a representative; that the appointment will be forwarded to the Secretary of the Interior for consideration; and that while the letter had been received last week, the matter was actually not reviewed until after the agenda posting requirements. Council Minutes 06-20-01, Page 23 Councilmember Oden questioned if the representation was open to individuals; and if each municipality received one representative. Director of Planning & Building stated that each City that abuts the boundary was afforded a representative. City Manager stated that the requirements are from the Federal Government, and is not clear on what is needed, but that the City could open the appointment to anyone. Councilmember Hodges stated that the individual should be a resident of the City. Councilmember Oden requested the matter be continued to an adjourned meeting to be held on July 27, 2001. Council consensus to continue the matter for discussion on July 27, 2001. REPORTS & REQUESTS: CITY COUNCIL reports or requests 35. a) Filing of nuisance abatement proceeding and accounting reports for 20 public nuisances. Received and filed. b) Councilmember Jones requested duties and obligations of the Director of Downtown Development; and added that the Council did hold discussions regarding the appointment of a member to one Board and that an apology should be made to that Board on how the process was handled. c) Mayor requested the Ordinance concerning Valet Parking be scheduled for discussion at study session. 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 JUNE 27, 2001 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tern Oden, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, June 27, 2001, at 7:00 p.m. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin Absent: Mayor Kleindienst The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 22, 2001. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY- No Business PUBLIC COMMENTS: Louis A. Morales, 722 San Lorenzo #18, reviewed a news article from the Times, copy on file in Office of the City Clerk, and added that a sports academy for the youth in this area would be a good opportunity and requested Council review the matter. Mayor pro tem directed the City Manager to contact Mr. Morales regarding the matter. Tom Suitt, 38315 Maricarbo, stated that the issue of drive thrus should be supported by the Council, except in the downtown area; that if the Council puts too many restrictions out, businesses will not want to locate in the City; and that there are suitable locations for drive thrus in the City. Carol Markley, 45 year resident, stated that this City is special; that it is not like other areas; that the downtown is special; that people are encouraged to walk downtown; that the drive thrus are contrary to what we promote; that this is a Village; that it is important to keep it that way; that the Council needs the vision of what the residents want in Palm Springs; that the City Council is not qualified to make the decision regarding the location of drive thrus; and that she is opposed to any drive thrus being located in the City. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: ORDINANCES FOR SECOND READING (Intro 6-20-01) 1. REFINANCING OF 1991 CONVENTION CENTER BONDS Recommendation: That the Council approve and authorize the execution of a Supplemental Lease Agreement #3 relating to the City of Palm Springs Financing Authority Lease Revenue Refunding Bonds, 2001 Series A (Convention Center Project). Council Minutes 06-27-01, Page 2 Councilmember Jones stated that this is a mistake; that the refinancing is a good idea, but not the manner in which it is being done; that there is no problem with refinancing to get lower interest rates and payments, but the savings should be used of offset the budget deficit; that the present debt of the convention center is $45 million; that the refinancing will extend the debt for an additional 17 years and add $12 million more; that the facility was not a good idea; that is does lose money each and every year; that what the Council is doing is pulling money out of the convention center to spend on an undetermined capital project; that there is nothing that says what the money will be spent on; that the Council is using the convention center just like it used the waste water treatment plant; that the Council is prevented from using funds at the waste water treatment plant thanks to the citizens; that Option 1 should be approved; that doing so will offset the budget deficit by 20%; that when he ran for office, he stood on financial conservatism; that one should not spend money one doesn't have; that it is against his principles to take the action that is recommended; and that the question is what will the rest of the Council do to offset the budget, what is the plan, what if revenue does not increase; that it is prudent to think ahead; and that he would recommended approval of the refinancing to help offset the budget deficit by 20%. Councilmember Reller-Spurgin stated that it is the Council's job to enhance and encourage business; that to do so, it is essential to come up with the money to build a parking structure for the downtown; that there is no place for the customers to park, so they go elsewhere; that while Councilmember Jones' opinion is respected, her vote has to be in the best interest of the long term for the City. Mayor pro tem stated that as a City Council we discussed priorities; that the number one priority designated was parking for the downtown; that the issue is not just for the future, but is needed now; that we do not have the funds in the budget to build such a structure; that staff has found a way to target the needed funds; that the Council needs to enhance and support its businesses; that there are advertisements in some areas stating that parking is available, implying that there is no parking available in our downtown; that the Council's plan is business retention and expansion; that new businesses are wanted and old business should be retained; that the Council needs to accommodate the downtown needs; that the downtown is facing a life or death situation and we, the Council, need to move that situation towards life. Councilmember Jones stated that the priority for capital projects in the downtown should be to get the Desert Fashion Plaza up and running; that the Desert Fashion Plaza does have an available parking structure; that the structure is never filled; that the Council needs to move forward on the right plan; that the item before the Council is regarding financing; that there is no mention of building a parking structure; that the funds are not restricted, but are still to be determined; that the parking structure is just an idea to be located at the back of a few bars in the downtown area and that the priority should be the Desert Fashion Plaza. Council Minutes 06-27-01, Page 3 Councilmember Reller-Spurgin stated that the few bars in the downtown area have a significant impact on sales tax in the City; that the Convention Center was not built to bring revenue, but rather it was discussed and made known that the purpose was to bring conventions to fill hotel rooms and increase the TOT; and that since LMI has taken over the management of the convention center, operating costs have been lowered. Councilmember Hodges stated that the Desert Fashion Plaza is important, but that at this time additional downtown parking is more important and is needed; that there is no parking available, and that when the downtown is busy the parking facilities at the Desert Fashion Plaza is used 90% of the time. It was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Kleindienst absent, that the Title of Ordinance 1597 be read, and further reading be waived. City Clerk read Title of Ordinance 1597 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL LEASE AGREEMENT NO. 3 RELATING TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2001 SERIES A (CONVENTION CENTER PROJECT) after which, it was moved by Hodges, seconded by Reller-Spurgin, and carried by the following vote that Ordinance 1597 be adopted. AYES: Hodges, Oden and Reller-Spurgin NO: Jones ABSENT: Kleindienst. 2. ASSESSMENT DISTRICTS 157 AND 158 BOND ISSUE Recommendation: That the Council authorize supplements to the bond indentures relating to Assessment District 157 and 158 bonds via amendment of the Bond Indenture; adopt a bond issuance procedural ordinance (Mark Roos Act) and the issuance of limited obligation revenue bonds, not to exceed $3,000,000. Councilmember Jones stated his previous statements are applicable for this item. It was moved Hodges, seconded by Reller-Spurgin and unanimously carried, Kleindienst absent, that the Title of Ordinance 1598 be read, and further reading be waived. City Clerk read Title of Ordinance 1598 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING SUPPLEMENTS TO THE BOND INDENTURES RELATING TO THE CITY'S ASSESSMENT DISTRICT NO. 157 Council Minutes 06-27-01, Page 4 (RAMON/EVELITA) AND ASSESSMENT DISTRICT 158 (ANDREAS HILLS); THE ADOPTION OF A BOND ISSUANCE PROCEDURAL ORDINANCE; AND THE ISSUANCE AND SALE OF LEASE REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,000,000 FOR THE PURPOSE OF FINANCING ACQUISITION OF ASSESSMENT BONDS, AND APPROVING RELATED AGREEMENTS AND ACTIONS after which, it was moved by Hodges, seconded by Reller-Spurgin, and carried by the following vote that Ordinance 1598 be adopted. AYES: Hodges, Oden and Reller-Spurgin NO: Jones ABSENT: Kleindienst. 3. PALM CANYON THEATER REPAIRS Recommendation: That the Council approve Change Order #1 to A4375 with Commercial Diversified for a credit regarding roof tile for the Palm Canyon Theater. Materials to be provided. City Manager withdrew the item. 4. SANTA ROSA/SAN JACINTO MOUNTAIN CONSERVANCY Recommendation: That the Council appoint a representative to the Santa Rosa/San Jacinto Mountain Conservancy. City Manager stated that the Secretary of the Interior will make the actual appointment, but is seeking the recommendation from the City of Palm Springs. Director of Planning & Building reviewed the staff report. Councilmember Hodges stated that the applicants were impressive. Mayor pro tem questioned if the individual could apply directly to the Secretary of State for other slots. Director of Planning & Building stated that there are 16 to 17 slots available; that the categories are fairly targeted; and that application can be made directly to the Secretary of State. Councilmember Hodges stated that the Council should discuss what type of person is needed; that all the applicants are excellent and it is difficult to select just one. Mayor pro tem stated that this type of Board does have a lot of special interest groups coming to the table and it is important for the City selection to the be right representation. Councilmember Hodges recommended Frank Bogert. Council Minutes 06-27-01, Page 5 Councilmember Reller-Spurgin stated that Mr. Cornett, would likewise be a good representative; and questioned if recommendations can be made for other categories. Councilmember Jones recommended Frank Bogert. Mayor pro tem stated that there are openings that others can apply for; that the Council could appoint the one representative and recommend Mr. Cornett be supported in another category. Minute Order 6872 as recommended was presented; after which, it was moved by Hodges, seconded by Jones, and unanimously carried, Kleindienst absent, that MO6872 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Jones stated that there is some confusion regarding the convention center operating in a deficit; that the facility loses $5.25 million each year; that it brings in just over $1 million in TOT; that the total sales tax in the City is $7 million, and can not be just from the convention center; that the tax on TOT is 10% of hotel revenue; that sales tax is 1%; that if a direct relationship is used between the two, then the result is $100,000, but it loses $5 million; that there are some problems that can never be cured; that the Council does need to admit there is a problem when the convention center loses more money than the Utility User Tax brings in; that it is correct to say that most Cities do build convention centers, but they don't lose 13 — 14% of the entire budget; that the Council was told by the consultant that the convention center would end up in the black within five or so years; that it simply has not happened and that there is something wrong when a facility loses over $5 million a year and does not enhance anything near this revenue. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor pro tem declared the meeting adjourned. PATRICIA A. SANDERS City Clerk