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HomeMy WebLinkAbout11/28/2001 - STAFF REPORTS (2) CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 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, July 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 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 Andrew Green, Church of St. Paul In The Desert REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 13, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Swearing In of 3 New Police Officers HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Mayor convened in Joint Session as Community Redevelopment Agency and the City Council. COMMUNITY REDEVELOPMENT AGENCY/CITY COUNCIL PUBLIC HEARINGS: A. NEW MILLENNIUM DEVELOPMENT, LLC. Recommendation: That the Agency approve a Disposition and Development Agreement with Palm Springs New Millennium Development, LLC to provide a land write-down to facilitate the development of the Star Canyon Resort located on South Palm Canyon Drive, Merged Project Area #1; and that the Council concur. Director of Redevelopment recommended that the Agency open the Public Hearing and continue it to September 5, 2001. Mayor requested a brief staff report before opening the hearing. Director of Redevelopment reviewed the staff report; no further report was given. Mayor declared the hearing open; there being no appearances, Mayor continued the hearing to September 5, 2001. I Council Minutes 7-18-01, Page 2 B. SALE OF PROPERTY—22.21 ACRE NEAR SUNRISE WAY AND SAN RAFAEL Recommendation: That the Council approve the sale of a city-owned 22.21-acre parcel near Sunrise Way and San Rafael Road to the Community Redevelopment Agency; and that the Agency accept said sale and purchase. Director of Redevelopment reviewed the staff report; no further report was given. Mayor declared the hearing open; there being no appearances, the hearing was closed. City Council Resolution 20105 and Community Redevelopment Agency Resolution 1139 as recommended were presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20105 and R1139 be adopted. Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency, after which, members convened as the City Council. CITY COUNCIL PUBLIC COMMENTS: Rose Therrien, no address given, stated that Wayne McKinney has been serving food to poor and homeless people for years; that his character should not be assassinated, but supported; and that the offer on the table regarding the campus on Vista Chino is not a solution, as it would take 3 years to fruition. Dr. Wayne McKinney, President of Well in the Desert, stated that every suggested site has been rejected; that it is very hard for people to handle the potential of disappointment and being shot down; that the dog park is on Airport property, but the City facilitated that endeavor; that the Task Force has not accomplished anything, and that the chances of the Task Force raising millions of dollars in 3 years is unlikely. Allen Killfoile, no address given, asked the Council where they would take a shower in Palm Springs if they were homeless; and that the City can spend $50K for sculptures, but not do anything for the homeless. Richard Schaefer, Yorba Rd., stated that the low-income housing planned for San Rafael and Indian is a bad thing; that property owners in the area don't want this; and they are concerned that it would lower property values. Howard Lapham, Palm Springs, questioned whether progress or regression is wanted; that neighborhood groups are trying to cause grid lock on council and the issues; and that he compliments the Council, City Manager and staff. Nancy Stuart, Palm Springs, stated she commends the Council for the June 27, 2001 action to extend the term regarding negotiating Convention Center bond rates; that to lower payments and take out cash is a decision that would benefit the City and business; that citizens have returned four of the councilmembers to office one or more times; and that Council consensus, not referendum, is the best possible solution for citizens. Todd Ashton, no address given, stated that, by choice, all members came on the City Council to make a better city; that he chose to be a part of this community; that Dr. McKinney feeds those who also chose to be here; that we have many choices to make, Council Minutes 7-18-01,Page 3 and Dr. McKinney's choice is to feed these people; that they need a decent place to eat; and that all kinds of people make a better place for everybody. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes of April 18, June 6, 13, 18, 20 & 27, 2001. 2. MO 6881 accepting two sets of blown-glass sculptures by Chihuly, Inc., located at the Palm Springs International Airport for final payment of$50,000. 3. MO 6882 approving an agreement with Gensler for architectural design for the replacement of airport boarding gates 1, 2 & 3 hold rooms located at the Palm Springs International Airport for$262,000. A4382. 4. MO 6883 accepting and approving the funding approval agreement with the U.S. Dept of HUD for fiscal year 2001-02 CDBG program for $645,000. A4383. 5. MO 6884 awarding contract with Contreras Construction Co., for library parking lot improvements for$189,422.50. CP00-29, A4384. 6. MO 6885 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. 7. MO 6886 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. 8. MO 6887 approving extension of purchase order agreement for water treatment chemicals from Nalco Chemical at prices set by State contract for fiscal year 2001-02, not to exceed $60,000. 9. MO 6888 approving sole source purchase order agreement with Johnson Power Systems for caterpillar engine repair parts for one year, July 18, 2001 through June 30, 2002 for $100,000. 10. MO 6889 approving final Amendment 12 to A3298 with Robert Bein, William Frost & Associates for $3,590 for a final Phase 3 total of $105,790 for a total of all phases for engineering services related to the Mid Valley Parkway of $1,099,681. CP99-13. 11. MO 6890 approving the cooperative purchase from Ramsey Street Ford for one 2001 police patrol unit via Riverside County's police vehicle contract for $22,802.90. 12. MO ----- approving purchase order with Dell Computer Corporation for the purchase of 14 Dell Optiplex personal computers for $20,635.70. Withdrawn. 13. MO 6891 approving reimbursement of $222,000 to Palm Springs Disposal Services, per amendment #4, for a CNG-Powered food waste vehicle; and Res 20106 amending fiscal year 2000-01 budget for same. Council Minutes 7-18-01,Page 4 14, Res 20107 and 20108 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 966519 Spurgin Spouse 966644 EXTENDED CONSENT AGENDA: PUBLIC HEARINGS: 15. ANNUAL MAINTENANCE DISTRICTS - 2001-02 ASSESSMENTS Recommendation: That the Council approve annual maintenance costs for the following districts: Street Lighting Maintenance Districts (SLMD) 1, 2, 3 and 4; and Parkways Maintenance Districts 6 (A, B, C), 7, 8 and 9; and approve the Fixed Charges Report for same. City Manager reviewed the staff report; no further report was given. Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolutions 20109, 20110, 20111, 20112, 20113, 20114, 20115, and 20116 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that R201 09-201 1 6 be adopted. 16. PUBLIC NUISANCE ABATEMENTS Recommendation: That the Council confirm the report of proceedings and accounting for 17 public nuisance abatements and recordation of liens against the title of each property. Director of Planning & Building reviewed the staff report and stated that the administrative charges are based on staff time, City Attorney time, and actual abatement cost. Mayor requested more information on the vacant lot in Desert Park Estates, Lot 64. Mayor declared the hearing open. Carol Ann Hayes, 284 Morongo Rd., stated that she received the Notice 10 days ago for the $187.00 abatement cost; that she and her husband cleaned up everything by themselves; that there has been progress made and assured that it would all be finished; and asked for a fee waiver of administrative costs. Jamaica Steinlechner, 1610 E. Tamarisk Road, stated she had family illness and personal issues; that she talked to the Planning Dept. regarding a hardship; that the case was dismissed at trial; and that she assumed she was absolved from charges of$4,574. Willie Holland, 4020 El Dorado, Lot 64, in answer to the Mayor's request on Lot 64, stated that he disagrees with the policy the City has of putting all the charges as a lien on property for one year; that this could cause someone to lose their Council Minutes 7-18-01,Page 5 home for non-payment of taxes, that there is no aid for the people; that after 5 years, the property can be sold; that he would like the policy to be a straight lien that stays on the property until sold; and that the current policy causes injustice to people in low income areas. City Attorney stated that if there is positive response to the first Notice, no administrative costs are charged; however, further Notices cause administrative costs. There being no further appearances, the hearing was closed. Councilmember Oden questioned how property owners are notified of a nuisance problem. Director of Planning & Building stated that there are several ways to advise property owners of the nuisance; however, most items are brought to the attention of the Planning Department by complaints from neighbors. City Manager stated that neighbors are not shy when other neighbors have trash, old cars, etc. in yards; and the City's philosophy is to deal aggressively with nuisance abatement. Councilmember Oden questioned if Planning staff has to go back to the property once it has been boarded up. Director of Planning & Building stated that most go back more than once; that some property owners board up on their own; that the City does it only if property owners have not responded; that emergency abatements are very rare, and are only done if there is an immediate threat to public health, safety, and welfare. Mayor questioned the issue of hardship on the Tamarisk property. Director of Planning & Building stated that the hardship issues should have been conveyed to the Planning Department immediately, when it may have been possible to do something at that time. Mayor stated that for the last five years, the City has been very aggressive in dealing with recapturing the neighborhoods; that property ownership requires come degree of responsibility; that the City has stayed the course; that there is no cost for complying with the first Notice; and that we shouldn't be spending taxpayers money for what the property owner should be paying. Councilmember Hodges concurred with the Mayor, and added that she felt concern for the Tamarisk property owner; that it was unfortunate that the City was not notified, however, court costs were already incurred, and taxpayers should not have to cover the expense. Resolutions 20117, 20118, 20119, 20120, 20121, 20122, 20123, 20124, 20125, 20126, 20127, 20128, 20129, 20130, 20131, 20132 and 20133 as recommended were presented, after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that R20117-20133 be adopted. Council Minutes 7-18-01,Page 6 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: 17. SEWER SERVICE PROVISION AND CHARGES Recommendation: That the Council approve providing sewer to the South Palm Canyon properties located outside the City limits, south of Acanto Drive and east of the southerly extension of South Palm Canyon Drive and consider reduction of the connection fee in place of $4,816 per unit for properties outside the City limits. City Engineer reviewed the staff report, and stated that staff recommends providing sewer to the South Palm Canyon properties. Councilmember Hodges stated that the report is extremely brief; and asked which developer is planning to build 400 new dwelling units. City Engineer stated that there is no specific developer at this time, and the request of the Tribal Planning Director is to allow the sewer service to incur when development is proposed. Councilmember Hodges stated that she would be more comfortable if we could annex the property into the City of Palm Springs. Tom Davis, Tribal Planning Director, stated that the annexation issue in the area has been considered, however it is trust land and all allottees would have to be in concurrence with annexation, as would the Bureau of Indian Affairs as trustees; that they would like to build the road, put in the sewer line and pay for it all; that they want to get this issue resolved and will do their best to discourage septic systems in this area; that it would be best to have this a part of the City, however the logistics of doing so is almost impossible at this time; that they are going to put in the infrastructure, at their cost; and that they would like to hook into the City's system, and if necessary, will collect the fees and make sure the funds get transmitted in the proper manner. Councilmember Reller-Spurgin stated we have talked about this area before, and there are other areas that we would like to annex that already take advantage of our police and fire, and that annexation would be ideal. Mayor asked Tribal Planning Director what the pressing issue is at the present time. Mr. Davis stated that there is no pressing issue; if they can't get permission to connect to the sewer, they will plumb for it, have a dry system, and move on. They need to build this road and don't want to build the road and then have to tear it up for sewer lines at a later date. Councilmember Jones stated he has no problem with this request and feels the request is reasonable, and asked if there are two issues to vote on. Council Minutes 7-18-01,Page 7 City Attorney stated that one issue is whether the Council is willing to allow the hook up to the sewer, and the second issue is how much would the charge be for allowing the hook-up. If the council was to choose not to charge the double fee, the Council should address the direction to be taken regarding the City's policy, adopted by resolution, on double fees. The policy should be clarified, or possibly the Council may want to rescind the policy altogether, regarding connections outside the City, because we could go back to just a standard fee. Some direction is needed for future situations and how you would apply this policy. Councilmember Oden stated his understanding that City Attorney is saying that it's OK to approve the resolution to connect, but some policy decision would be necessary before the Council acts on the second portion. City Attorney stated the City has current policy, adopted by Resolution, and unless the Council wants to change the policy for everyone, direction is needed on how to justify individual situations. Councilmember Jones questioned if there is likelihood of more requests for connections outside the City. City Engineer stated that this type of request is rare, although, this is the second request in two months. Mayor stated that recently the Council allowed a Cathedral City business to connect to the sewer system, however, the owner agreed to the double fee. Councilmember Oden stated that significant issues have been brought up that were not addressed in the staff report, and that some options should have been included in the report. Councilmember Hodges expressed her disappointment that the issue of the road has been worked on for 5 years; that it would have been nice to have worked together on the project; that there is not enough information in the staff report on which to make a decision; that this is a major issue; and that she is not in a position to vote on this tonight, and would not support a vote on this issue at this time. It was moved by Councilmember Jones to adopt the resolution to approve the sewer connection and charge the double fees. Motion died for lack of a second. City Attorney stated that it appears there is the need for more thorough staff reporting; that the Council supports the idea of providing sewer service in this area; that there is a need to figure out a way for annexation to take place; that the fee issue needs to be worked on; that the ramification for treating this applicant differently than others should be explored, and that possibly, a joint approach with the tribe would be beneficial on these issues. Councilmember Oden stated that standardization is important; sewer connections may encourage annexation; and that there may be some circumstances for exceptions. Mayor stated that some want to pay for services, such as fire and police, but don't want to join the city; that the Council has been unwilling to let people pick Council Minutes 7-18-01,Page 8 and choose; and that he is reluctant to move forward on this issue without further study and discussion; and asked if the Council's pleasure is to bring this back. Council consensus is for staff to restudy the item with alternative options, and bring forward ideas for changing the policy. 18. ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES Recommendation: That the Council appropriate into reserves the unappropriated fund balances in designated City Operating and Capital Project Funds for future operations or projects. Director of Finance reviewed the staff report; no further report was given. Resolution 20134 as recommended was presented, after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that R20134 be adopted. 19. 2000-01 APPROPRIATION LIMIT Recommendation: That the Council approve establishing an appropriations limits for the 2001-02 fiscal year in accordance with Article XIIIB of the California Constitution. Director of Finance reviewed the staff report; no further report was given. Resolution 20135 as recommended was presented, after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20135 be adopted. 20. RESOLUTION OF CONVENIENCE & NECESSITY-2796 NPC Recommendation: That the Council approve a Resolution of Convenience and Necessity requested by Sobhy G. Yousef for an existing service station with retail sales located at 2796 North Palm Canyon Drive, RGA, C1 zone, Section 3. Director of Planning and Building reviewed the staff report; no further report was given. Councilmember Oden stated this business owner has two service stations in Palm Springs in the North Palm Canyon area; and that he has invested in our community, which greatly improved a property that was a dilapidated eyesore. Councilmember Hodges expressed her concern about the number of businesses selling liquor in Palm Springs; and indicated she feels that maybe the community is being over saturated with liquor stores. Director of Planning & Building stated that the purpose of this resolution coming to Council is that the community is over saturated with this type of establishment, therefore a Resolution of Convenience and Necessity is required. City Manager stated that this is an important item to be considered for the general plan update. Council Minutes 7-18-01,Page 9 Councilmember Reller-Spurgin stated that she does not lend her name to convenience and necessity for the purchase of liquor, and therefore, would be voting no on this item. Mayor stated that he is typically very supportive of these requests; however, he is apprehensive of alcohol sales in remote areas of the City, which makes law enforcement a little more difficult in some instances. Resolution 20136 was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R20136 be adopted. AYES: Hodges, Oden, and Jones NO: Reller-Spurgin and Kleindienst ABSENT: None. 21. COMPREHENSIVE FEE AMENDMENT Recommendation: That the Council amend the Comprehensive Fee Schedule, R19757, as amended, to increase Recreation Division program fees and rental fees for the Pavilion, Leisure Center, Jaycee/Frey Building, Showmobile and parks. Director of Facilities reviewed the staff report; no further report was given. Councilmember Hodges stated that she has no problem increasing the fees, except the Showmobile fee has jumped substantially; and asked the purpose of the higher fee. Director of Facilities stated that it is a bigger unit than the previous one, and the costs are for transporting and set up of the unit, not for the vehicle charge alone; that the fee to rent a similar size stage would be about 3 times the cost of our fee; that the fee is not intended to gain revenue based on the cost of the Showmobile, which was in excess of $100,000, but simply for the cost of complete set up; and that there is no charge for the rental interdepartmentally. Resolution 20137 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried unanimously that R20137 be adopted. 22. DESERT MOON —2150 NORTH PALM CANYON DRIVE Recommendation: That the Council enter into an agreement with Jose E. Guerrero, record owner, and Barton Charles Adrian and Deborah Jo Adrian, trust deed beneficiaries to allow the rehabilitation of property known as the Desert Moon, located at 2150 North Palm Canyon Drive until December 22, 2001; after which, the City's right to demolish the property will be upheld. A4385. Director of Planning and Building reviewed the staff report; and stated that there are two revisions to the original agreement in the packets; one is that the City's legal, administrative, and abatement costs, which amount to $45,000, have been contested and developer would like the ability to review the City Attorney billings, but agrees to pay the actual cost, which will be within the $37,000 to $45,000 range; that this issue went to court and the City won on appeal; that the second CoLmcil Minutes 7-18-01,Page 10 revision is adjusting the start and completion dates, due to the time it took to get the report finished, therefore, the completion date will be January 25, 2002. Councilmember Oden stated that this property is in the Recapture the Neighborhood Program, and the City has been working with the abatement issues to encourage the owners to comply with the regulations and improve their property; and that this property owner is able to complete this project in a timely fashion, with provisions listed. Councilmember Reller-Spurgin stated that the Council has talked about this a long time, and has made allowances; that she has compromised her vote to allow this man to go forward, but that she will not compromise the $45,000 in costs; and that she feels that no break should be given on what the actual expenditures have been. Councilmember Oden stated that the review would determine the actual costs to be paid, not to reduce the amount. City Attorney stated this is correct, the actual amount of the costs will be paid by the owner. Councilmember Hodges stated she will not support this action; that the property has needed a lot of work for a long time; that the Council has given the property owners at least 4 years to fix up the property; and in the time it took going through court and appeal, they could have already completed the rehabilitation. Mayor stated that the Council has worked for a number of years on the nuisance issues for the City and neighborhoods; that he feels we should stay the course and raise the structure; and that this relates to the fairness issue of how to apply one standard to one, and not to another. Councilmember Hodges questioned the ramification if the project is not completed by January 25, 2002. City Attorney stated that if the deadline is missed, there are several remedies that can be pursued, one of which is to complete the rehabilitation work or demolish the property, with the property owners being liable for all the costs. City Manager stated that the owner has come to the DOGS meeting and given his commitment to rehabilitate the property; and that he has been informed that the City Council will not be interested in any more delays. Councilmember Hodges questioned the time frame on his obligation to pay the current $45,000 in costs. City Attorney stated the payment is due at this time. Minute Order 6892 as recommended was presented; after which, it was moved by Oden, seconded by Jones, and carried by the following vote that MO6892 be adopted. AYES: Jones, Oden, and Reller-Spurgin NO: Hodges and Kleindienst ABSENT: None Council Minutes 7-18-01,Page 11 23. ORDINANCE FOR SECOND READING & ADOPTION (Intro 6-6-01) 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 further reading be waived and Ordinance 1599 be adopted. AYES: Oden, Reller-Spurgin and Kleindienst NO: Hodges and Jones ABSENT: None 24. SIMAT, HELLIESEN & EICHNER, INC. Recommendation: That the Council adopt the SH&E Strategic Marketing Plan for the Palm Springs International Airport dated July 2, 2001 as the airport's official marketing plan and approve Amendment #1 to A4334 with SH&E for on- call marketing services for $89,000; and allocate $15,000 of airport marketing funds to the Greater Palm Springs Convention and Visitors Authority. Assistant City Manager-Special Projects reviewed the staff report; no further report given. City Manager stated that this level of expenditure was not anticipated, nor would be supported, in the next year. Mayor stated that he had attended a CVA meeting and the discussion arose regarding the subsidy to American Airlines; that he asked for CVA direction on how they want to deal with the subsidy in the future; that the concern is that without the American Airlines annual year-round service to Palm Springs, it may adversely affect the conventions and groups that schedule their events during the summer months; and that the CVA wants the subsidy to continue, however, there are three questions to be answered by them: how much should the subsidy be, where will the money come from, and who gets the subsidy. Councilmember Hodges questioned the funding allocation. Assistant City Manager— Special Projects stated that the funding comes from the Airport marketing budget; that the funds must be used for Airport related uses; and that no funds are from the general fund. Councilmember Hodges stated that SH&E are the experts in this field; that this is why the survey was done, that SH&E stated it would be wise to slowly get out of this subsidy; and that she would support their recommendations. Councilmember Oden stated that he would be interested in what the CVA is planning and what their report will advise; that he thinks SH&E gave good information, however there are those locally that know they rely on the Council Minutes 7-18-01,Page 12 conventions and without them they would be hurt financially; and that it may be possible for the industry to take some action on this issue and invest in the subsidy. Resolution 20138 as recommended was presented; after which, it was moved by Hodges, seconded by Jones, and carried unanimously that R20138 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 25. NOVEMBER 6, 2001 BALLOT MEASURES City Manager stated that this issue is in reference to the consideration of the Convention Center refinancing, which is a complicated issue, and there are many ways to look at this issue; that the Council does not have the staff report because of the complexity of this issue; therefore, it will be fully explained to the Council; that on June 27, 2001, Council passed the second reading of Ordinance 1597, authorizing the refinancing of the Convention Center bonds; that Ordinances can be challenged, and it appears that is happening now, which would have a significant financial impact on this issue; that staff felt it was important to have a discussion on this tonight, because it would more than likely cause a loss of the very favorable interest rates of today if Council waited for a vote of the people in March; that at a minimum, the refinancing would lower our debt payment, and could help finance the issue of more parking downtown; and that this is a very complex issue and that staff has put together some scenarios for discussion tonight, if Council so desires. Councilmember Hodges stated that she told staff that she was not interested in discussing this issue tonight. Councilmember Oden questioned the portion to be discussed. Mayor stated that he would like to make an opening comment; that at the end of the week, in preparation for the agenda, he was asked to attend a conference call with the City Attorney and others, on how to move forward on this issue; that he stated he wanted to afford the Council every opportunity to discuss every option available; and that the documents could be prepared and brought to the body to let them decide if they want to discuss this or not; and that he has not spoken with council members on this matter, only with senior staff. City Attorney stated that financial analysis is ongoing; that this issue is complicated; and questioned if the Council wanted to proceed. Councilmember Reller-Spurgin stated that people do not understand what is going on; that Councilmember Jones sent a letter to supporters outlining refinancing of the Convention Center and using the proceeds for capital projects; that she felt this wasn't the whole truth, because the Council was figuring out how to deal with the parking problem, and the proceeds would be well spent on the parking structure; that she voted on June 27, 2001, in the best interest of the City, and would do so again if asked; and that she feels there is a trust issue, which frustrates and disappoints her. Councilmember Oden stated that obviously what the staff report involves is the fact that we are going to lose money, and lose a very unique opportunity to do something that we desperately need in our City; that we took that vote because Council Minutes 7-18-01,Page 13 we were acting in the best interest of the City; that after sitting on this Council for 6 years, there were times when he was the only person who believed the way he did about an issue, and everyone else voted a different way, but never did he think that since the Council did not agree with him that he would set out to undermine the government, it never did cross his mind; that when he was elected, it was to represent all the people of this city, not just special groups; that it is his responsibility to represent all the people; that he believes in our government, in our country and our referendum process; that the referendum process is a very significant process established by our government to allow people to have a voice; that he disagrees with this referendum, thinks it is wrong and thinks a lot of people have been told untruths, half truths and given just general misinformation; that the people who are doing this are going to be responsible for what it's going to cost our city; that whether he agrees with the referendum or not, he's not going to take action to undermine that process; that this process has been initiated, the people believed that the information was correct when they signed the petitions; that for the Council to take action now would say that the Council did something wrong, and the Council did nothing wrong; that he will not vote to rescind the ordinance; and that this is our community's opportunity to say we believe in our Council, and that the right thing was done for the community. Councilmember Jones responded to Councilmember Reller-Spurgin's comments regarding leaving the parking issue out of his letter; he stated it probably would have been easier to get signatures if he had mentioned it, as he doesn't know very many people that support a multi-level parking structure downtown, which would urbanize the area; that if he knew Councilmember Reller-Spurgin wanted the parking issue in the letter, he would have included it; that there was no intent on his part in leaving it out; that he represents the people who elected him; that he has a different philosophy than the other Council members; that he agrees with the refinancing of the Convention Center to take advantage of lower payments and lower debt service; that he agrees there are capital improvements that need to be done; that he is a financial conservative, with different viewpoints; and that he believes the referendum is the right thing to do for the long term, not just today. Mayor stated that he appreciates everyone's statements, viewpoints and feels the frustration; that the referendum process is one way to challenge government; that he is hearing a lot of concerns; that there are no guarantees in government and what you decide today may not be appropriate tomorrow; that this is not about emotions, mistrust, dissatisfaction or frustration; what's before the Council is the same issue that they started with when this debate started months ago; that there are a number of issues that concern the community regarding the economics of Palm Springs, and one of them is the lack of parking in downtown; that a subcommittee was asked to consider parking on Indian Ave. and discuss options to be brought back for Council's determination; that there was a cooperative effort to find a funding source for the parking problem; that Councilmember Oden and he, with the assistance of staff, suggested that refinancing bonds was one way to deliver some saving of cash and generate some new funds; that options were presented that were in the best interest of Palm Springs; that the priority established was clear, which was refinancing the bonds to deal with nothing else until the parking issue was solved; that what occurred was the referendum; that there is no problem with an honest review of what government is doing, however, there is an effort of a number of individuals securing signatures on a petition and the cost is at the expense of the truth; that it's the falsehoods that frighten him; that he can imagine the fear and mistrust Council Minutes 7-18-01,Page 14 with wrong statements, and lies to scare residents into signing the petitions; that if we do nothing, regardless of how it comes out in the spring, we lose, and all the time and opportunity has been wasted, and there is no win for the community; that this is not about us and we need to continue to find solutions for the community and allow the staff to at least explain the alternative options; and that if the Council is to work as a governing body, the debate is to be held here, and decisions made here. Councilmember Reller-Spurgin stated that she has thought a lot about this, and the truth is that she can not allow her ego to get in the way of the City; and that she does not have a problem with listening tonight. Councilmember Hodges stated that she said earlier that she doesn't want to discuss this issue; that the decision was made and it was the right decision; that she does not believe that another decision tonight is a right decision, that the Council already made the right decision; that she is very much supportive of the referendum process; that it is a form of government that is needed by this country; that regardless of how the signatures have been gathered, chances are it will be a valid referendum; that she believes that any decision tonight is inappropriate; that a decision was made, there is a referendum out there, it needs to be certified, and if it is valid and legal, it will come back to the Council so action can be taken to rescind the ordinance or put it on the ballot; that the people going forward with the referendum have put the Council in this position; that the referendum process needs to continue and come to whatever conclusion; that trying to circumvent that process this evening is totally inappropriate and totally goes against democracy; and that she will not support talking about this issue tonight, and if it goes forward, she will leave the meeting. Mayor thanked Councilmember Hodges and stated that he respects her decision. Councilmember Oden stated that there is something already set into motion and that is the referendum; that he would agree that it was done so under a lot of misrepresentation; that there are over 2000 people who believe this is necessary; that this is not about ego or personalities; that the petition signers have said, at this point, "Stop'; that for the Council to continue this is wrong; that he doesn't agree with the referendum, doesn't believe it should ever have started, and knows it was done wrongly; and that if the Council entertains anything, it undermines the entire process of government, and in the long run will cost us more, therefore, he will not be participating in that discussion. Mayor questioned what the consideration of Councilmember Jones was, and whether he would like to hear options. Councilmember Jones stated that he has no problem with hearing the options. Councilmember Oden stated that the Council has discussed this; that this is nothing new; that it was discussed and the Council disagreed, and that's OK; that now there is something implemented because of the disagreement; that he thinks our community expects more from us than this; and said, "Good Night." Councilmembers Hodges and Oden left the meeting at 10:40 p.m. Mayor stated that he regrets that two members feel this way; however he understands and respects their decision; and that he suggests the report be discussed at this time. Council Minutes 7-18-01,Page 15 City Attorney stated that staff is extremely distressed; that this is the worst circumstance under which this could be discussed; that the intent was to ask if the council wanted to discuss this; that actually the intent was to prevent this situation; that he appreciates the Mayor's comments in terms of trying to think this thing through; that he wishes that Members Hodges and Oden were here to hear this; that this possible action is not to suggest that the Council made a wrong decision; that the staff recommended the action the Council took on June 27; that staff felt it was the proper action and the right thing to do; that the issue is that by the time the referendum and petitions come back to the City, are counted, and put on the ballot, we are looking to a date in the future, possibly March; and that the expectation of the financial advisor is that the City could lose approximately $800,000, in present day dollars, to spend on capital improvements; that taking this action was not to suggest that Council made the wrong decision, but if the City rescinds the action, financing could go forward, which appears to be economically sound and financially prudent; that if Council waits until after the August recess, all the negative financial implications of waiting to refinance will have already occurred; that the City has already lost $300,000 in two weeks; that by waiting until after the process, another 6 weeks would have passed; and with that preface, City Attorney stated that staff wasn't trying to do anything wrong, and as a staff person, there is nothing you can do that is worse than putting something in front of your Council that causes two Councilmembers to walk out of the meeting. Mayor stated that before Council begins the financial discussion, he would like to get the timeline of getting the referendum on the ballot. City Clerk explained the timeline, and stated the last date that the Council could get something on the ballot for the November election would be August 10, 2001. City Attorney stated that the Council could put an advisory measure on the ballot, and the meeting of August 1, 2001, would be the time to do that. Director of Finance stated that given the fact that the proposed referendum could qualify, and thus delay the proposed refinancing, there are two options that can be offered; that one option would be to rescind the existing ordinance and adopt a new ordinance, which was previously known as Option 1, to refinance the existing bond, keeping the existing term and reducing the debt service payments, with cumulative saving of 5.2M; if we wait until after the first of the year, even a ''/4 % interest rise , reduces that $5.2 million to about $3.6 million, or on a present value basis, about an $800,000 reduction; an ordinance adopted tonight would require a second reading on the following council meeting on July 25th, and would have a 30-day referendum period, so we could probably do this bond issue by mid-September. Director of Finance stated the second option would be a variation of Option 1, refinancing the existing Convention Center bonds, extending the term for 4 years, and taking an average of about $600,000 savings per year over a 25 year period, which also locks in something close to what the current interest rates are; and this could also be done by mid-September. In addition, Director of Finance stated that both of these scenarios are reasonable and doable, and would allow us at some point in the future, perhaps as early as the November election, to put an option on these and take those Coluicil Minutes 7-18-01,Page 16 savings and have an advisory vote of the people, and then bond against those savings. Councilmember Reller-Spurgin stated that of the two options that have been given us, they still don't give us the ready cash to deal with the parking problem. City Attorney stated that even if we had no parking need, staff would still be recommending doing this refinancing of the Convention Center bonds, because it would be the right financial thing to do for the City; that the parking issue does need to be solved, and it may still be possible to study the issue and come up with more options. Suzanne Harrell, financial advisor for the City, explained the issues of interest rate variances, and how they affect the amount of savings in refinancing the Convention Center bonds, that even if the parking issue was to be set aside, it would still be prudent to refinance as soon as possible, to lock in the most beneficial rates for the City, and afford greater savings. Councilmember Jones questioned staff recommendation on the options offered. City Attorney stated the staff advises rescinding Ordinance 1597, and introducing for first reading the ordinance choosing Option 1, with the addition of 4 years to the term; that when the previous ordinance disappears, there is no reason for a referendum; that if the referendum went forward, the Council would be faced with either rescinding Ordinance 1597, or putting it on the ballot; that this way, you are simply complying with what the people want with this referendum, and it doesn't have anything to do with undermining the democracy of the referendum process. Mayor stated that he can't fully describe how awkward it feels to take action on this issue with 40% of the Council missing; that he can clearly see the savings the City can enjoy if Council takes this action; that this feels like both ends of the stick are burning; that he knows that every day Council doesn't move forward, the City is losing an opportunity for prudent financial savings; and that he doesn't feel comfortable in waiting for spring to determine the fate of this financing. Councilmember Reller-Spurgin stated that the difficulty is that the Council already voted on staff's recommendation on June 27th; that we can't work on emotion, we have to work on logic, and we need to save money for the City; that she feels uncomfortable rescinding the ordinance, knowing there are those who feel the Council did something that was not in the best interest of the City. Mayor questioned what the intent is for the use of the $600,000 savings. Councilmember Reller-Spurgin stated that all the Council is doing is locking in the savings with this action; and what can be done with the savings can be determined at a later date. Council Minutes 7-18-01,Page 17 Motion to read the 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 Attorney read Title of Ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMS 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 Reller-Spurgin, seconded by Jones, and carried by the following vote that the Ordinance be introduced. AYES: Members Jones, Reller-Spurgin, and Mayor Kleindienst NO: None ABSENT: Members Hodges and Oden ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENT reports or requests 26. Treasurer's Investment Report as of May 31, 2001 CITY COUNCIL reports or request PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. BARBARAJ. WHITE Assistant City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES October 17, 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, October 17, 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 Dr. Phillips — Palm Springs Church of Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 12, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PRESENTATIONS: Fire Department. 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: Corinne Griswold, 2050 San Antonio Rd., stated that at the weekend event, improper clothing was displayed; that the booths should be monitored by the City and recommended if the revenue couldn't be restricted it should not have the venue. Nancy Stuart, Palm Springs, stated that the weekend event was wonderful; that more events that generate this type of revenue should be brought to the City; that special events are just a matter of balance in the community; that the events bring good exposure to the City; and that the quality of life is good in the Community. Mervyn Krichere, stated availability for any questions concerning item 15. Jim Stuart, Palm Springs, stated that Palm Springs is the only City in the Valley that has restaurants open after 11 p.m.; and added that the City is truly the "City of Light". Council Minutes 10-17-01, Page 2 APPROVAL OF CONSENT AGENDA: Items 1 thru 10. Except Item #3, pulled for separate vote, Item #7, cont'd to 11-7-01, and Item #9, cont'd to 10-24-01. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 10, excluding items 3, 7 and 9, be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Public Arts Manager, regarding item 5, stated that the site currently selected to display the art pieces at the airport that only ticketed passengers will have access; but that there are alternative sites that may be used for options if it is determined that easier public access is needed. Councilmember Oden stated that the pieces are beautiful and full access is desired. City Manager, regarding item 6, stated that it does need to be clear that full earthquake coverage is not being provided; that the City does have $182 million in facility worth; that the coverage is for $76 million; that budget constraints does limit the coverage, but that the Council does need to be aware the facilities are not fully covered. 1. Approval of Minutes of September 19, 2001. 2. Res 20199 terminating agreement A4387 with Commercial Diversified Inc., for bridge repairs, CP97-20 and authorize staff to readvertise for bids. 3. SEE EXTENDED CONSENT AGENDA 4. MO 6945 approving Amendment #2 to A4192 with NRO Engineering for engineering plan check services increasing the term by one year or until October 17, 2002; and MO 6946 approving Amendment #2 to A4028 with Fomotor Engineering for engineering plan check services increasing the term by one year, or until October 17, 2002. 5. MO 6947 approving agreement with Jay Wolf Scholssberg-Cohen for loan of two murals to be installed at the eastern end of the new terminal at the Palm Springs International Airport for a term of 5 years, beginning in October, 2001 for a cost of $2,500 to cover crating and shipping and option to purchase murals, if desired, for$40,000. A4416. 6. Res 20200 approving Earthquake and Flood insurance renewals effective November 1, 2001 expiring October 31, 2002 and Multi-Media insurance renewal effective November 9, 2001 expiring November 8, 2002 for a total cost of $194,731.94. 7. Res ------ concurring with CRA A regarding approval of Amendment #2 to A409C with Agua Caliente Band of Cahuilla Indians and the Agua Caliente Transfer Corporation. Cont'd to 11-7-01. 8. Res 20201 approving purchase of a 53,578 square foot parcel from the Community Redevelopment Agency for $60,000; and Res 20202 amending the 2001-02 fiscal year budget thereto. See CRA B. Hodges Abstain. Council Minutes 10-17-01, Page 3 9. Res ----- consenting to and making finding pursuant to Section 33421.1 of the Health & Safety Code related to an Owner Participation Agreement for property located at Stevens Road, Palm Canyon Drive and Indian Canyon Way, Merged Project Area 1; and Res ----- approving loan for $200,000 to the Community Redevelopment Agency for site improvements by Desert Shadows III LP; and Res ----- amending the budget thereto. (See CRA E). Item withdrawn. 10. Res 20203 and 20204 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 969126 Spurgin Spouse EXTENDED CONSENT AGENDA: 3. CITYWIDE TRAFFIC SPEED SURVEY Recommendation: That the Council approve an agreement with Albert Grover and Associates for traffic engineering consulting services for Citywide traffic speed survey for$25,650. CP01-18, A4417. Mayor stated that there is a concern when a study is performed to determine what 85% of vehicle speed is to set the speed limit on a street; that it does seem that a limit should be set and adhered to; that to change the limit based on violators does not seem right; that the City is taking part in traffic calming for areas within the City; and that while pursuing ways to calm traffic in one area of town, the City is now looking to increase speeds in other areas. Councilmember Hodges questioned the Mayor's recommendation. Mayor stated that that there are other ways to enforce traffic speeds other than radar; that the traffic studies permit radar findings to be valid in court; but that alternative methods are available. Councilmember Oden stated that current court practice is the allowance of radar and it may be that other methods would not be substantiated in court. City Engineer stated that speed traps are not a legal alternative; that studies indicate that 85% of vehicular drivers proceed at safe speeds; that the when a study is implemented on a certain street the average speed of 85% of the drivers is found to be the correct limit to set for any given street and that the studies have been found to be accurate and allow the limit to be set at a safe speed. Councilmember Jones questioned what method would be used if radar were not used to determine the speed of a driver. Police Commander stated that the officer would clock the driver, but that it has been found the method is not admissible in court. Councilmember Reller-Spurgin stated it does seem questionable when the City is investigating speed calming in some areas and increasing speed limits in others. Council Minutes 10-17-01, Page 4 City Engineer stated that each topic is separate; that traffic calming is geared towards residential local streets while the item under consideration is for arterial and major collectors. Minute Order 6948 was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that MO6948 be adopted. AYES: Members Hodges, Jones and Oden NO: Member Reller-Spurgin and Mayor Kleindienst ABSENT: None. PUBLIC HEARINGS: 11. LUNDIN DEVELOPMENT Case 5.0827, PDD259, TPM29638 Recommendation: That the Council consider certification of the Final Environmental Impact Report; approval of the proposed General Plan Amendment to General Plan Policy 6.22.2, Case 5.0827, Planned Development District 259; and approval of the Tentative Parcel Map 29638, for property located at the northwest corner of Ramon Road and Sunrise Way, C-1 zone, Section 14. Director of Planning & Building reviewed the staff report and added that the project does have a long history; that in accordance with Council request an Environmental Impact Report was done on the project; that design concerns have been addressed in the resubmission; that the project does have a change in massing and the scale of building and that this project is a signature Palm Springs project. Mayor declared the hearing open. Tom Dodson, EIR consultant, stated that noise and air quality issues were addressed; that the purpose of the EIR is to inform parties of any adverse impacts; that the focus is on adverse conditions only; that the overriding statement of facts and findings is before the Council; that it has been found no impact on air quality; that with a 10 foot noise wall, no noise impact on the surrounding properties; that the project was redesigned to address all potential impacts; that measures have been set in place that would require loading and unloading to be done during the day; that he added his availability for any further questions. Director of Planning & Building reviewed visual site plans. Councilmember Oden questioned the location of the play area at Carl's Jr. Director of Planning & Building stated that it would be located indoor. Mayor declared the hearing open. James Cioffi, project architect, stated that the project has been going through the process for the past eight months; that many of the issues and concerns of the residents and neighborhoods have been addressed; that the Palm Springs Modern Committee has reviewed the plans; that a portacouter has been Council Minutes 10-17-01, Page 5 incorporated into the project; that the buildings will be restored to the original colors; that attempts have been made to address the modernism architecture aspects; that the overall design is uniquely Palm Springs; that it is a tribute to modern design; and recommended approval of the project. Allene Smith, 227 Rain Cloud, presented a petition with 450 names endorsing the project; and stated that many who live in the neighborhood do not have transportation; that the project is needed and will serve a purpose for the Community. Karl L. Karcher, Carl Jr's, stated that the restaurant does have a drive thru with a good layout; that up to 50% of Carl Jr's business is drive-thru; that the quick serve restaurants are in demand; that this particular business is not based on tourist, but rather on the local economy; that studies generated by Sierra Research stated that cars idling 5 minutes in drive-thrus do not create as much pollution as those vehicles being started, and added that drive-thrus are now a way of life for most Americans. Laura Paiz, Compton, stated that the sales projects are calculated properly; that there will be a number of new jobs created; that the store located at Smoke Tree is a good store; that there is no intent for closure; that the store presently located on Sunrise and Ramon is functionally obsolete; that both stores can be successful and recommended approval. Greg Bever, applicant, Huntington Beach, stated that the process started one year ago; that there is a new project and a new site plan; that the new design was completed with many recommendations from concerned parties; that an EIR has been completed; that all concerns are mitigated; that the merits of moving forward outweigh any impacts; that there is a need for the store at the location; that many of the surrounding neighbors do not own cars; that there is no shopping alternative for the neighborhood; that the site renovation will clean up 6 blighted properties; that the time has come to move ahead with the project; that a contribution will be made for a City-wide historic site survey and requested approval to the project. Pete Moruzzi, 1056 San Lorenzo Road, stated that as chairman of the Palm Springs Modernist Committee there are still some concerns with the overall plans; that Alternate 7 does allow for the construction of Ralph's and meets most objectives; that the funding for the historic site survey will be of benefit to the City; that overall the project is a fair compromise and recommended acceptance. Mayor requested members of the audience with the Palm Springs Modernists stand and be recognized. Lobo Vadenscearce, 135 Geronimo, stated that the new renovation of the Ralph's site is needed; that a large full service drug store is likewise needed; that a fast food that serves breakfast would be of convenience to the residents in the neighborhood and recommended approval of the project. David Baron, representative on behalf of the Smoke Tree Center, stated that the past situation of the opening of a Ralph's that resulted in the closure of another Ralph's is not this situation; that the error of the past will not be repeated; that there has been oral representation that there is no current intention of the Council Minutes 10-17-01, Page 6 closure of the Smoke Tree store; that the grocery market is fluid; that it would be desirable to have formal assurance there will be no closure at the Smoke Tree Center; that there could be an operating covenant executed with Ralph's for the Smoke Tree Center; and that the Council could add a condition to approval concerning required continue operation of the store. Inez Rindahl, 254 Cherokee, stated that it is important to the residents to approve the renovation of the Sunrise/Ramon Ralph's store; and requested approval of the project. Andrew Sotta, 325 W. Vista Chino, stated that he does operate a laundromat at the Sunrise and Ramon location, does have every intention to reopen at the site when renovations are complete. Roger Watson, Anaheim, stated that Sav-on Drugs will be locating at the site; that many changes have been made to the standard architectural plans; that the architect for Sav-On did work with the project architect; that the plans do work for Sav-On; that there will be good parking and good exposure on the site; that the store will have a drive-thru for pharmaceuticals; that elderly, sick, and those with children will have the convenience of getting prescriptions filled without getting out of their cars; that Alternate 7 will not work for Sav-On; that the alternative does not provide for safety for the pedestrians nor good parking; and recommended approval of the project as presented. Emily Hemphill, representing Lundin Development, stated that the evolution of the project has been lengthy and time consuming; that many factors have been considered to come to the present site plans; that each concern previously stated by the Council has been addressed in the new plans; that the developer has agreed to help fund a historic site survey in the amount of $50,000; that the Council should consider what has been put on the record; that it has been stated that there is no intention of the Smoke Tree Ralph's to close due to the renovations of the Sunrise and Ramon project; that there is no reason why Ralph's would not want two successful stores; that the people who live in the heart of the City need the proposed project; many negotiations have taken place between all concerned parties and added that it would be inappropriate for someone to request a continuance of the matter at this time. Peter Dixon, real estate development, stated that the concern is that the store at Smoke Tree will close; that there is history of that very thing happening in Palm Springs; that it is a red flag that Ralph's will not give an operating covenant for the Smoke Tree store; that should that store close another blighted area will be created; that to approve the development is irresponsible and not in the best interest of the citizens; and that all options need to be explored. Councilmember Reller-Spurgin left the meeting at 10 p.m. John Connell stated that there is a concern on the donation of the $50,000 for the historic site survey in who would be administering the fund. Councilmember Reller-Spurgin reentered the meeting at this point. Jackie Tutujiian, Smoke Tree Jeweler, stated that a commitment is needed from Ralph's at the Smoke Tree location. Council Minutes 10-17-01, Page 7 There being no further appearances, the hearing was closed. Councilmember Hodges stated that many concessions have been made; that the project looks good and sounds exciting; that there is major concern expressed concerning the continued operation of the Smoke Tree Center Ralph's; that the merchants do need to be provided some type of protection; that there may be some type of agreement that could be entered into concerning the continued operation of the store; that the funds donated for a historic site survey should be administered by the City; that while the idea and concept of the proposed project is promising, there does need to be some type of assurance for the merchants at the Smoke Tree Center. Councilmember Jones stated that the present plans are a great improvement over the original submission; that the style is not one of personal choice, it is different and is not a stamp of the generic shopping centers that spring up; that there are two drive thrus that are not supportable; that it is disappointing that something else could not have been substituted; that the proposed project is somewhat of an attractive building; but that there is concern regarding the continued operation of the Smoke Tree Ralph's; that it would be devastating for the other merchants if that anchor closed; and that it does cause concern in moving forward until that piece is resolved. Councilmember Oden stated that the design is exceptional; that time has elapsed since the original submission and the result is that good things have surfaced; that the developer has spent a lot of time with concerned parties to find resolution; that the concern of both stores remaining open is not shared; that both stores are operating now; that both stores are doing well; that it is understandable regarding the concern being addressed, but that in this case it is not probable. Councilmember Reller-Spurgin stated that it is commendable on the effort to bring the project into compliance with all the needs of the Community; that the end result is a better project; that a lot of players have combined effort to get a better project; that the situation at the Smoke Tree location has been addressed and that the word of the Council does need to be kept. Mayor stated that the project does have tremendous support; that the Council does realize that the area at Sunrise and Ramon does need a new renovated store; that the evaluated height of wall on the west side will be an enhancement for the residents; that the Planning Commission can address and resolve the need of an 8 or 10 foot wall; that it is a tight site; that it is very restrictive; that the architect has a solution that is creative; that the donation to the historic site survey will go along way in allowing the survey to get started; that there is a concern on the situation at Smoke Tree; that there does need to be the ability to allow another grocery store to enter in the site should Ralph's vacate; that the concern of impacts of one store on the other is not founded; that both stores are viable and needed; but that there does need to be a legal mechanism set in place that if the store at Smoke Tree closes another anchor would be allowed into the site. City Attorney stated that discussions have been held concerning the working of a condition, but that without more dialogue with all parties it is not clear what condition could be added. Council Minutes 10-17-01, Page 8 Mayor requested concerned parties caucus to return to the meeting with agreement. At this point the item was tabled contingent on negotiations. Item was placed back on the table for consideration. City Attorney stated that the issue had been discussed; that the parties have agreed to some type of termination agreement; that more time is needed to allow parties with authority to meet and confer on the matter; that should the Council grant the continuance agreement, language could be reached; and that the matter should be continued to October 31, 2001 to allow further negotiations. Councilmember Hodges stated that there is concern regarding the length of time needed for notice; that no one moves into a site immediately upon vacation of another store; and that it is important that the issue be addressed. Mayor stated that there does need to be agreement that the store cannot be shut down and left empty; and recommended that additional time be granted for the language to be tightened. City Attorney stated that the additional time would allow for all parties to be represented. Motion to continue the matter to October 31, 2001 was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that the motion be approved. 12. PALM MOUNTAIN COMPANY—TTM27680 Recommendation: That the Council approve Tentative Tract Map 27680 to subdivide 7.2 acres into nine single family residential lots, subject to conditions for property located at the southwest corner of Vista Chino and Via Monte Vista, R-1-A zone, Section 10. Director of Planning & Building reviewed the staff report and visual site plans. Councilmember Oden questioned if the area was on sewer or septic service. Director of Planning & Building stated the area is a part of the City's sewer service. Mayor declared the hearing open. Marie Caplain, Stevens Road, questioned where the road ended. John Sanborn, Sanborn A/E, stated that the preliminary plans were approved in 1994; that the plans have now been completed; that in the meantime the map did expire; that the project will be an asset to the area; that the lots are large and that there are conditions set forth on the height of the homes. There being no further appearances, the hearing was closed. Council Minutes 10-17-01, Page 9 Director of Planning & Building stated that the roadway to the project does enter off Via Monte Vista and not off Rose Avenue. Councilmember Hodges clarified the understanding with Ms. Caplain. Resolution 20205 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that R20205 be adopted. 13. BERGHEER CALIFORNIA, INC. PDD254, CASE 5.0804 TTM29077 Recommendation: That the Council consider subdivision of a 6.8 acre parcel into a 52-unit gated residential community located to the southwest of the intersection of Tahquitz Canyon Way and Museum Drive, R-2 and R-3 zones, Section 15. Director of Planning & Building reviewed the staff report and added that the Planning Commission did approve the project by a 3/2 vote. Councilmember Hodges cited conflict of interest in the item. Mayor questioned the 200-foot setback line location. Director of Planning & Building stated the location at the site line; and added that the set back to the east is one foot for each foot of building height; and that the setback standards on the east side are met. Mayor declared the hearing open. Marvin Roos stated that the property has had approval inthe past; that at one time a 5 to 6 story building was proposed; that this project does require special approval; that the plans are at odds with the General Plan; that there will be clusters of homes facing Tahquitz; that the 24 foot height runs 100 foot long; that all surrounding views will be blocked; that the project proposes buildings 24 feet high with narrow access between them; that the Planning Commission approval was not overwhelming; that the massing on the north property line is critical; that the problems do need to be addressed with additional study on the site plans. Bruce Page, 550 Palisades, stated that the project is of high quality; that standards should be maintained; that there may be two roads needed for the project and that if the sewer line is extended there should be allowance for others in the area to access the hookup. Bill Davis, 227 S. Cahuilla Rd., stated that there are some life safety concerns with the project; that the proximity of the structures necessitate better ingress and egress; that there is limited access to the project and that the item should be referred back to the Planning Commission for further study. Tim Helyer, 530 W. Tahquitz Canyon Way, stated that the requirements of the City have not been met; that the setbacks have not been met; that there are concerns regarding traffic; that parking for guests on the project site is very limited; and recommended the project be restudied. Council Minutes 10-17-01, Page 10 Rose Mihata, 468 W. Tahquitz, stated that when purchasing her property the allowable zones surrounding her site were considered; that this development should not be allowed; that the City should enforce its own rules and regulations; that traffic in the area is already bad; that if emergency services are needed they will not be able to get through; and that the project needs to be addressed from safety standards. Steve Cheroske, 540 W. Tahquitz, stated that the project is not comparable to surrounding homes; that the project does not meet setback codes; that everyone else has to follow the rules of the City and that this project should be required likewise and added that whatever the Council ends up approving, the residents in the area will be stuck with that decision Keith Signford, 544 W. Arenas, stated that traffic is already busy in the area; that the back of his property will end up with a 24 foot wall due to the height of the building; that the parking on the site is very limited; and requested the project be denied. Donald Corbin stated that the property proposed is a great area; that the project proposes a urban feel; that the greatest asset to the project is the proximity to the downtown; that the Fire Department has reviewed and approved the plans; that the project does propose courtyard schemes; that the project does bring an old Palm Springs feel to the architecture and requested approval as recommended. Councilmember Reller-Spurgin left the meeting at 11:30 p.m. Luke Ball, stated opposition to the project and added that the developer gains one million in profit, while the surrounding properties lose their views; that the density is too high; that the project is only about profit; that there are concerns on safety and requested denial of the project. Councilmember Reller-Spurgin entered the meeting at this point, 11:35 p.m. Jim Davis, stated that the plan are beautiful; that the site currently is full of trash, tumbleweed and transients; that there has been a lot of controversy on the site; and that the project should be approved as recommended. Paul Marx, stated that the project will take away the vistas of the residents and requested details of the project. Allen Sanborn, Sanborn A/E, stated that the setbacks on the west, south and east are all within the requirements of R-3 zoning; that access to the site is difficult; that the proposal submitted is the most realistic solution; that the project was difficult for site layout; that there are challenges, such as mountain water run-off that had to be addressed; that the project is dense, but that the density is to create an urban development; that the project is unique to Palm Springs and requested approval. John Sanborn, stated that the sewer lines and street issues have been addressed in the plans and stated availability for any questions. Council Minutes 10-17-01, Page 11 Frank Tysen, stated that no one is against developing the site, but that there are issues in this project that need to be addressed; that the developer could solve some of the issues by a reduction in density; that there would be more space and a higher quality project; and that the end result would be a more compatible project within the Tennis Club area. Wanda Walker, 400 Arenas, stated that her bedroom window would face a wall of a building. There being no further appearances, the hearing was closed. Councilmember Oden requested the Fire Chief address the issue of access and flow of traffic. Fire Chief stated that the cul de sacs are close but that the design is adequate. Director of Planning & Building stated that the traffic consultant was aware of the needs; that as the area continues to develop further, traffic signals will be needed; that the intersection does operate in an acceptable level of service; and that the projections did not show a significant increase in traffic impacting the area. City Engineer concurred and added that the traffic study did include the build out of the area. City Manager stated that the study did not include a possible housing element at the Desert Fashion Plaza. City Engineer stated that the study did include an estimated 5,000 vehicles at the Desert Fashion Plaza. Councilmember Oden questioned the setback issue. Director of Planning & Building stated that three sides are met; that the remaining side does face an R-2 vacant area; that in that case the setback is agreeable; that while there may be a few deficits in the setback,the project to a large degree has complied with setback regulations. Councilmember Jones stated that the difference in setbacks is on the north side and questioned if the building was one story would the setback be met. Director of Planning & Building stated that the setback would be 25 feet; that the other concern with closeness of the buildings were reviewed by the Fire Marshall; that the buildings are sprinkled; and that the Fire Marshall was comfortable with the distance between structures. Councilmember Jones stated that the developer could place single story next to the R-1 zone. Director of Planning & Building stated that the deviation would be a loss in number of units contained in the project. Council Minutes 10-17-01, Page 12 Councilmember Jones stated that there is a problem when someone buys a home and investigates the uses that are allowed, then the Council allows a variance. Director of Planning & Building stated that it is the uniqueness of the site that resulted in the setback reduction. Councilmember Oden stated that there is concern on the blockage of Palisades and the narrow access to the development. Director of Planning & Building stated that the street is currently a dead-end; that the project proposes cul de sacs on private property and that emergency vehicles would have the needed access. Councilmember Reller-Spurgin stated that the site had been walked; that it is a beautiful project, but that there are too many homes and too close. Mayor stated that typically a project requires the development of a street and questioned why not in this case. Director of Planning & Building stated that a number of years ago the roadway was dedicated to the City and subsequently vacated; that none have voiced the desire for a full public roadway and that in this case the private driveway is preferable. Mayor stated that the intent seems to be to serve the citizens with a county type of road; and added that right-of-zone projects do not come before the Council; that in the case of access, the Fire Chief has stated that the ingress and egress is agreeable; that Andreas Hills for example only has one street in or out; that the number of units in the project seem agreeable, but that the increased height and setbacks are bothersome; that all the homes located on the north internal road should stay one story; that the other side of the street could be two story; that the drainage areas should be landscaped; that the bay parking is of concern; that buyers need to know that they are purchasing property in the downtown area; that buyers do need to be aware that the purchase of these properties will experience noise, traffic, street closures due to special events in the downtown; that the buyers need to know that they are purchasing property in the downtown area; that there is concern on the scale of the project; that there is concern on the open space and view; that the density of the project is questionable; that the project does seem to be too stretched; and that the units on the north side are of concern and recommended the matter be referred back to the Planning Commission for review. Director of Planning & Building stated the referral would require additional hearings on the part of the Planning Commission. Motion to refer the item to Planning Commission was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, Hodges abstaining, that the motion be adopted. Council Minutes 10-17-01, Page 13 COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 14, ART IN PUBLIC PLACES — MERCADO PLAZA Recommendation: That the Council approve agreement and grant of easement with John Wessman dba Wessman Development Company for placement of the Sonny Bono Memorial Fountain and Sculpture at Plaza Mercado Shopping Center located at 155 South Palm Canyon Drive, and allowing application of Public Art Fees in amount of$11,787.49 toward the art project. A4418. City Manager reviewed the staff report, no further report was given. Minute Order 6949 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Jones, and unanimously carried, that MO6949 be adopted. 15. COLLIERS SEELEY INTERNATIONAL, INC. Recommendation: That the Council approve a Memorandum of Understanding with Colliers Seeley International, Inc., to market the Tahquitz Creek Golf Resort as a resort hotel site and perform a market and feasibility study for a hotel at its own cost. A-----. City Manager requested the item be continued to October 24, 2001. Motion to continue the matter to October 24, 2001 was presented; after which, it was moved by Hodges, seconded by Jones, and unanimously carried, that the item be continued. 16. COMPREHENSIVE FEE SCHEDULE AMENDMENT—AIRPORT OPERATIONS Recommendation: That the Council amend the Comprehensive Fee Schedule to add landside activity fees concerning greeting services and replacement fees for automated vehicle identification transponders for taxicab operators. City Manager reviewed the staff report, no further report was given. Resolution 20206 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20206 be adopted. 17. SILICON SALVAGE CONTRACT AND 2001-02 BUDGET AMENDMENT Recommendation: That the Council approve an agreement with Silicon Salvage to collect and recycle old computers and related electronic equipment for $10,000, A4419; and amend the budget thereto. City Manager reviewed the staff report, no further report was given. Minute Order 6950 as recommended and Resolution 20207 amending the budget were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that MO6950 & R20207 be adopted. Council Minutes 10-17-01, Page 14 ADDITIONAL LEGISLATIVE ITEMS: 18. CITY OF PALM SPRINGS JAIL Recommendation: That the Council consider two options concerning the staffing of the Palm Springs City Jail. City Manager reviewed the staff report and added that it may be four years before the matter will need to be reviewed; and recommended that the upcoming vacancy for Commander not be replaced and the allocation of funds be directed to these positions. Councilmember Reller-Spurgin stated that a switch was made in 1997 to contractual in order to save money and that with the rising of costs the time may be to return to in-house administration; and questioned if the employees would be civilians. City Manager stated the proposal is for non-sworn personnel. Councilmember Oden concurred with Councilmember Reller-Spurgin and added there should be additional savings in lawsuits and liability issues. Councilmember Hodges questioned implementation. City Manager stated the change would be made as soon as possible; that in the meantime temporary employees would be used with a transition to permanent employees. Councilmember Hodges questioned if O'Linn Security was contacted. Police Commander stated that O'Linn Security does not offer the service. Resolution 20208 as revised was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20208 be adopted. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 19. Treasurer's Investment Report of August 31, 2001. Received and filed. 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 October 24, 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 Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 24, 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 October 19, 2001. 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: Nancy Stuart stated that it is hoped the parking structure measure will be approved at the upcoming election; that the author of the rebuttal to the measure did not meet with the businesses in the downtown to review the situation, nor has an alternative solution been given; that the structure is needed to provide safe parking for the tourists, customers and the employees of the downtown area; and encouraged the voters to vote yes on Measure D. Jerry Ogburn stated that there were comments made during the Community Redevelopment Agency meeting that were a negative reflection on the duties and job done by the Downtown Development Director; that for the past 10 years an investment of time and energy has been made in the Community; that during that time the job has been done professionally; and that the additional trees that will be planted around the parking lot are a part of an agreement and will be addressed. Bob McDonald, Las Palmas, stated that there are communities with worse business friendly reputations than Palm Springs; that the downtown is healthy and vibrant; that the Downtown Development Director is good for the downtown and does go out of his way to help businesses; that there are core values that are a benefit for the Community; and that the majority of the Members of the Council are doing a good job. Jim Stuart, Real Estate Agent, stated that the Downtown Development Director is always there for the Agents and businesses; that there are other staff members that should be recognized for the good work that is done for the Community; and that Measure D does need to be supported by the voters. Council Minutes 10-24-01, Page 2 CONSENT AGENDA: City Manager withdrew the item. 1. Res ----- consenting to and making findings pursuant to Section 33421.1 of the Health & Safety Code related to an Owner Participation Agreement for property located at Stevens Road, Palm Canyon Drive and Indian Canyon Way, Merged Project Area 1. (See CRA B). EXTENDED CONSENT AGENDA: COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Councilmember Oden stated that the recent presentation regarding the Skate Park was beneficial; and suggested that there could be more done with the homecoming event for the children. LEGISLATIVE ACTION: 2. COLLIERS SEELEY INTERNATIONAL, INC. Recommendation: That the Council approve a Memorandum of Understanding with Colliers Seeley International, Inc., to market the Tahquitz Creek Golf Resort as a resort hotel site and perform a market and feasibility study for a hotel at its own cost. A-----. City Manager withdrew the item. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 31, 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 Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 31, 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 October 26, 2001. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business PUBLIC COMMENTS: The following persons spoke on support of annexation of Andreas Road to the City to be discussed at a future Study Session. Melody Grief, President of Andreas Hills Phase V Homeowners Association Virginia Eberhardt, no address given Lilah Rotelsberg, Andreas Hills Road Angelo Aguno, Andreas Hills Earl Johnson, Andreas Hills Gary Wexler, 3680 Bogert Trail Rosaline Pricer, Phase V Sid Chambers, Bogert Trail Gary Haven, Andreas Hills, Phase V Michael Gerk, Andreas Hills Ruthie Prazzi, 1048 S. Calle Marcus, stated that more police officers are needed to monitor traffic speeds within the City. Rick Raio, 200 E. Racquet Club Road, stated that recent verbal attacks on Councilmember Jones are unwarranted; that there are many leadership roles that the Councilmember has undertaken that have contributed to the benefit of the City; that the Councilmember is fiscally responsible, lived up to his campaign promises and is a concerned citizen of the City. Emil Duveney, 320 N. Hermosa Drive, questioned the delay in the repair of the Palm Canyon Theatre and requested the City update the citizens on the progress. Council Minutes 10-31-01, Page 2 Philip Tedesco, Deepwell, stated that there are a number of issues that do need clarification; that conflict of interest needs to be financial; that if a council member is a partner of the profit picture, he/she must abstain from consideration of the project; that no candidate should accept contributions from potential developers within the City; that City expenditures are on a runaway budget; that downtown parking is being proposed for a downtown business employee problem; and that the Council needs to be open with the citizens and address all the issues. Matt Lottick, Hidden Hill principal, stated that the firm has entered into an exclusive agreement to negotiate with the Grants for 30 days concerning the Biltmore Hotel; that the hotel should be able to return to an asset status; that it is requested the Council consider the reconstruction and permit more time for the process. Ron Miller, 1750 Sharon Road, expressed personal opinion regarding the upcoming City Council race and the candidates involved. Thomas Van Etten, no address given, expressed gratitude for incumbents Oden and Hodges for past work given to the City; and added a letter had been written to Councilmember Jones regarding his efforts in Office. Mortimer Donahue, no address given requested the name of the Festival of Lights parade to remain the same. Jackie Tutunjian, Smoke Tree Tenant Association, stated that it is imperative that the Smoke Tree area not turn into blight; that the tenants have suffered in the past without an anchor store; that a commitment needs to be given in writing by Ralph's that the store at Smoke Tree will not be closed if a store at Sunrise & Ramon in renovated; and requested Council support of the written agreement. Emily Hemphill, representative for Lundin Development, stated that the item has been reviewed; that concerns have been discussed and incorporated in the negotiations; that in this case a store that already exists is requesting to make renovations; that the entire site is to be improved; that in the past this was not the case; that the demographics support the store; that consideration needs to be given on whether the Council represents the Smoke Tree area or all of Palm Springs; that the area of residents who frequent the Ramon location are many that do not drive or own vehicles and that the store is needed and should be supported. Greg Beaver, applicant, stated that a condition should be added to the approval to include a donation to the City to conduct a city-wide historical site survey to prevent any potential problems with possible renovations at other sites in the future. Joe Wiles stated that rumor says that Ralph's did sign a lease extension for five years but that ten years would be better. Mark Empy, representing James Wood Trust, stated that agreement was just reached between Ralph's and the Smoke Tree owner; that both sides worked diligently to reach agreement; that there will be a total of nine years of rental from Ralph's; that the original lease does in fact contain provisions for the protection of the center; and that the owner has no further objection to the proposed project located on Ramon and Sunrise Way. Council Minutes 10-31-01, Page 3 Ken Green, merchant at Smoke Tree Village, stated that the merchants are not aware of the recent agreement between the owner and Ralph's; and that the merchants are concerned about protection of having an anchor store at the site. Tony Zaydo, 1209 Verdugo, stated that recent discussions concerning the potential of a homeless shelter in the neighborhood had been raised with the Council; that the neighboring properties have not been included in the discussions; that the area does need to be studied and that it is important that the residents investments not be misaligned. 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. Councilmember Hodges requested the matter of annexation of Andreas Hills Road be added to an upcoming Study session; and added that a plaque of Baltz and Firefighter Cook be place on location at the Dog Park in honor of the recovery efforts given in New York City. LEGISLATIVE ACTION: 1. LUNDIN DEVELOPMENT Case 5.0827, PDD259, TPM29638 Recommendation: On October 17, 2001 Council continued this matter to consider certification of the Final Environmental Impact Report; approval of the proposed General Plan Amendment to General Plan Policy 6.22.2, Case 5.0827, Planned Development District 259; and approval of the Tentative Parcel Map 29638, for property located at the northwest corner of Ramon Road and Sunrise Way, C-1 zone, Section 14. Director of Planning & Building reviewed the staff report and added that the attorney's have held discussion to come to resolution regarding the Smoke Tree store; that the existing lease was found to be stronger than anything recently discussed; that a 90 day notice to vacate is required; that the landowner does take full possession of the store and fixtures within 30 days after vacation; that the owner is then free to lease the store to anyone else; that due to the mature area it is probable that the store will not be vacant any length of time; that Ralph's did submit an agreement to extend the existing lease an additional five years; that the lease is now for nine years; that there is strong commitment by Ralph's to keep the store at Smoke Tree open; that the public hearing for the proposed project at Ramon Road and Sunrise Way has been held in compliance with the law; that the Planning Commission did approve the plans and review visual plans of the site area. Council Minutes 10-31-01, Page 4 Councilmember Oden stated that it is important to note that the merchants have come and voiced concerns; that the situation seems to have been settled between the owner and the tenant; that in this case there are two existing stores; that both stores have grown significantly; that the commitment and investment in the Coachella Valley by Ralph's is high; that the renovation of the Sunrise and Ramon store is needed; that there are many in that area that do not have vehicles; that this project is an overall example of the developer working together with the Community in all facets; that the donation for the historic site survey will allow the City to review any potential historic sites in the City; and that this has been an unique opportunity to increase the tax base, offer jobs and protect existing businesses. Councilmember Jones stated that the proposed design is good; that the drive- thrus are not particularly good for the City; that as Palm Springs strives to become more environmentally friendly, drive-thrus are not a good example; that there is concern about the signage of the project, but that there is confidence that the issues will be resolved. Councilmember Hodges stated that the package tonight is the best that has yet been presented; that while all concerns are not totally eliminated, a majority of issues have been addressed; that both store sites can work and that the condition should be added to have the developer contribute the $50,000 for the historic site survey. Mayor stated that the Smoke Tree lease indicates a historical concern of businesses leaving an anchor spot empty; that protection is included in the lease for the merchants; that the condition has already been agreed to; that the concern for drive-thrus was addressed by the AQMD, in that fact, it has been found that it is the starting of engines creates the most emission; that idling does not create the problem once thought of; that the project does have good design; that the facility is needed and that it is a good project; that the General Plan Amendment does deal with the buffer and the setback situation; that a higher wall will be constructed to mitigate sound impacts for the area residents; and that the project will be of benefit to the Community. Res 20209, certifying the EIR; Resolution 20210, Gen Plan Amend; and Resolution 20211, PDD & TPM as revised to add the donation of $50,000 designated to a City wide historical site survey were presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R20209, 20210 and 20211 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Jones requested the issue of the temporary homeless shelter location be schedule for the November 7, 2001 meeting for action; and read a letter addressed to the Fair Political Practice commission requesting investigation into allegations made against himself. Council Minutes 10-31-01, Page 5 Councilmember Oden requested a report concerning redevelopment possibilities for the area of Ramon & Calle Encilia; and an update on the telephone and television monitor systems at the transportation center for taxicabs at the airport. PUBLIC reports or requests STAFF reports or requests City Manager reported that the Palm Canyon Theater is progressing with repairs; that there is a request pending regarding two way traffic on Indian Avenue to Amado or Alejo and that the Council will be given a number of options to review. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 7, 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, November 7, 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 Andrew Green-Church of St. Paul in the Desert. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 2, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Palm Springs Veterans— Randy Schecter. 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: Dolliah Dalliah, no address given, stated that at a recent parade he was not allowed to access the street and that these are rights than should not be denied. Wendy Busig-Kohn, Belardo, stated that congratulations are extended to incumbent Ron Oden; and that Councilmember Hodges had served the community well and will continue to do so. Milton Ellenstein, 1380 Camino Real, stated that the Biltmore needs restoration; that the new owners are performing a clean up job at the site; that all three Phases of the Biltmore Homeowners Association agree that the property does need to be rehabilitated. Bridgitte Tolson, no address given, stated that England restores everything; that time should be allowed for the Biltmore restoration; that to tear the building down is to cheat the Community of a historic site. Jerry Fleming, no address given, stated that in the last 60 days, the Biltmore has experienced incredible improvements; repainting, trash removal, buildings boarded up; that the interest is in restoration; that it is hoped the time needed will be given to rehabilitate the property. Council Minutes 11-07-01, Page 2 Lanny Swerdlow, 1 Cordova Court, read a prepared statement, on file in Office of the City Clerk, regarding upcoming event with Judge James Gray and the Marijuana Anti- Prohibition Project. Carrie Allan, Mizell Center, expressed gratitude for past funding of the Mizell Senior Center and requested continuance of support of the Center. William Tuchscher, 3130 Bonita Road, Item 4, stated that support for the extension of the map is appreciated and that the developer is looking forward to building a project in the City. Bud Grant, no address given, stated that it is hoped that the Council will reflect since last the last meeting, on the improvements made at the Biltmore Hotel; that a petition is on file in his office with 600-700 signatures that urges the Council to reverse its decision regarding demolition of the hotel; that Mainiero, Smith and Associates have been engaged to help with the project and that the hotel, with time given, will be restored to its former days. Linda Grant, no address given, thanked the Council for the additional time extension; that guidance has been received and the right road has been selected; that the Council should defer from destroying a landmark of the City; and requested reconsideration of the time extension. Chuck Powell, 32812 Navajo Trail, stated that with the renovation of the Biltmore, the potential of the town increases; that many improvements have been made; that workers are there completing tasks and that the restoration will recreate a landmark for the City. Almeda Fernandez, no address given, stated that the Grants are working hard to complete renovations and that it is hoped that the Council will allow the dream to come true. Jim Manion, Riveria Hotel, extended congratulations for the past election and added that the voters have spoken and that there is a lot of work ahead for the future. William Vasta, 5301 Waverly, stated that the caution lights in town are timed too quickly and need to be regulated. Afftab, Hilton Hotel, expressed appreciation to the support given on Measure E and added that all are looking forward to the work ahead of the City. Mathew Talalah, Palm Springs 1", stated that the two candidates that supported the groups views won; that this election places a direct message from the voters in Palm Springs; that the City Council is moving in the right direction; that Councilmember Hodges is appreciated for all her past contributions made to the City and for helping to create the downtown as it is today; that it is now time to allow someone else to do the work and that an invitation is extended to those who in the past have tried to disrupt the town, to join in the preserving of Palm Springs. Jim Dahler, no address given, expressed appreciation to the tenure of Councilmember Hodges; and added that the current Council with its new member will work towards broadening the tourism base and attraction of corporates to the City; that while the Council Minutes 11-07-01, Page 3 Members of the Council have not been anti-business; it is clear that some changes will occur and that the results of the election are encouraging. Jim Stuart, Palm Springs, thanked Councilmember Hodges for helping to turn the town around; that now is the time to move on to better things and added that for the residents of Palm Springs will always be first. APPROVAL OF CONSENT AGENDA: Councilmember Hodges requested a staff report on item 6. Interim Director of Aviation reviewed the staff report and added that the airport will be the only airport in the Nation with not only rental cars, but also rental motorcycles. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 11, excluding items 4 and 10, be adopted. 1. Approval of Minutes of October 3, 2001. 2. MO 6951 approving an agreement with Irene Navarro, for the Palm Springs Library Family Literacy Program for a period of 10 months for $16,800. (Funded by State Grant). A4421. 3. MO 6952 approving an agreement with CCG Systems, Inc for software, training and ongoing support services for Fleet Management for $86,498.13; and MO 6953 approving a purchase order with Dell Computer Corporation for hardware for the Fleet Management software for$12,642.71. Total $99,140.84. A4422. 4. SEE EXTENDED CONSENT AGENDA 5. MO 6954 approving Amendment 1 to A4382 with Gensler to incorporate a subcontract special structural engineering for the fabric roof structure for $14,375. Total contract $276,975. 6. MO 6955 approving a concessionaire lease with EagleRider Motorcycle Rental USA for a motorcycle rental concession at the Airport at a rate of 10% of gross revenues, Counter & Office Rental at $5823.51/annually and Ready/Return Rental at $1196.80/annually for a term to June 30, 2006. A4423. 7. MO 6956 approving Amendment 2 to A3844 with the Agua Caliente Band of Cahuilla Indians for space in the City's Visitor Information Center for $1,416 per month. 8. MO 6957 ratifying Closed Session approval of October 17, 2001 for increased airport security measures at a one-time cost of $51,052, and annual cost of $10,444. 9. Res 20212 concurring with CRA A regarding approval of second amendment to DDA with Agua Caliente Band of Cahuilla Indians and the Agua Caliente Transfer Corporation. Council Minutes 11-07-01, Page 4 10. Res ----- finding pursuant to Section 33421.1 of the California Health & Safety Code regarding an Owner Participation Agreement to effectuate the construction of a hotel/condominium resort located at Steven Road, Merged Project Area 1. (CRA B) Item Withdrawn. 11. Res 20213, 20214 and 20215 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 969578 Spurgin Spouse 969716 Spurgin 970009 Spurgin 970122 Spurgin Hodges 969312 Bergheer Conflict with Contractor EXTENDED CONSENT AGENDA: 4. PDD231, TTM28033 — PALM SPRINGS CLASSIC (CODA) Recommendation: That the Council approve a time extension from December 6, 2001 to October 19, 2002 with Palm Springs Classic (CODA) Preliminary Planned Development District (PD231) and Tentative Tract Map 28033, located at the southeast corner of Gene Autry Trail and Vista China, W-M-1-P and 0-5 zones, Section 7 & 18. City Manager reviewed the staff report and added the extension would be to October 19, 2002; and requested additional language be added to the resolution to allow the extension be rescinded and the Tentative Tract Map and Planned Development District expired should the project be withdrawn. Mr. Tuchscher stated that the additional language would assist in keeping the financing in place. Mayor stated that the approval language does need to be strong for the City and the developer in his negotiations. Mr. Tuchscher stated that the City is viewed as a partner in this development and that the assistance given is appreciated. Councilmember Hodges stated that even though the project has been around a long time and still has not been completed during her term, it is hoped the next City Council would get a shovel in the ground and start the project construction. Resolution 20216 as revised was presented; after which, it was moved by Hodges, seconded by Oden and unanimously approved that R20216 be adopted. Council Minutes 11-07-01, Page 5 PUBLIC HEARINGS: 12. APPEAL CUP CS 5.0858 — FOUNTAINHEAD CSG, LLC. Recommendation: That the Council consider an appeal of the Planning Commission decision regarding issuance of a Conditional Use Permit and Architectural Approval to allow a fast food restaurant with a drive-through located at the northeast corner of South Palm Canyon Drive and Sunny Dunes Road, C- 2 and C-M zones, Section 23. Director of Planning & Building reviewed the staff report and reviewed the visual site plan on display in the Chamber. Councilmember Jones questioned if the outside patio tables had umbrellas and how the sign on the building would be lit. Director of Planning & Building stated that there would be a trellis over the tables, rather than umbrellas and that the sign would be internally illuminated from behind. Mayor declared the hearing open. Craig Smith, applicant, presented letters of support for the project from neighboring business, copies on file in Office of the City Clerk, and stated that from the street it is difficult to detect the drive-thru; that the building design is unique to Jack-in-the-Box; that a typical parcel for a drive thru is 24 to 25,000 square feet; that in this case the lot size is 37 to 38,000 square feet; that the project was denied based on the site also having a gas station and the regulations that prohibit the building of a gas station in close proximity to another gas station. Kelly Coulter, 553 S. Calle Encilia, stated that the decision of the Planning Commission should be upheld; that when the item was discussed there was a condition attached to the Starbuck approval to prohibit a drive-thru on the corner; that the condition can not be found in written form in the Planning Department records and requested denial of the appeal. Christine Hammond, 373 S. Monte Vista, stated that the General Plan does call for the area to be pedestrian friendly; that there is no question the restaurant does have support without the addition of the drive-thru; that the developer has met with the residents; that requests made were responded to; but that the Planning Commission decision does need to be upheld; and that it is time to commit to building bridges of understanding between the citizens and the Council. Steve Schneider. 9455 Ridge Haven, stated that there has been significant effort to hold the project to the needs of the City and wants of the Community; that one concern that can not be alleviated is the drive-thru; that the site has been reoriented; that the building and landscaping has been redesigned; that a more pedestrian feel has been given to the building site, but that the drive-thru is a part of the convenience of the restaurant; that this is the first time Jack-in-the- Council Minutes 11-07-01, Page 6 Box has used a channel letter sign; that concessions have been worked on to address the concerns of the neighbors and requested approval of the appeal. Randy Christensen, 100 Barranca, representing Jack-in-the-box, stated that the restaurant is happy to be a member of the Community; that the project does bring a drive-thru for personal convenience; that parents, workers, elderly and handicapped people do like the convenience of the drive-thrus; that many other types of stores are starting to expand into drive-thrus, such as drug stores; that this restaurant will add an additional 30 jobs to the Community; that many employees start as crew members and work up to management; that it is a growth business for employees; that tax revenue will be added to the City; that sales tax alone should be around $40,000 a year; that much time and hard work has been given to the project to gain an understanding of the residents concerns; that those concerns have been addressed as fully as possible and that this is a business the Community can be proud of. Tom Suitt, 38315 Maracaibo, stated that support should be given to the item; that on behalf of seniors, drive-thrus are of great convenience; that this is a quality project; that the area is not pedestrian; that the approval will give a good convenience to the residents and not distract from the ambiance of the downtown and requested approval of the appeal. Karol Markley, 1985 Camino Monte, stated that the Council should restore the prior splendor of Palm Springs; that this City should not be like any other City in the USA; that the restaurant is close to a pedestrian area; that the business is not needed; that the restaurant will not get a lot of business; that the project does not make sense; and that it is hoped that he Council has a good vision of what Palm Springs should look like. William Vasta, 5301 Waverly, stated that the restaurant is a good thing; that it will be a convenience; that the plans look good and recommended approval. Frank Tysen, no address given, stated that the Planning Commission decision was based on avoidance of clusters of drive-thrus in an area; that Jack in the Box has done a lot to avoid the look of a fast food restaurant, but the signage remains; that we try to be unique; that when people come to visit they want the City to look different than other cities; that the Council does have a number of options; that it is urged that one option include better signage; and that the sign should not be bright red, but back lit at night. Dolliah B. Dalliah, no address given, stated that as a caretaker, the convenience of drive-thrus is helpful; that it will be beneficial for the area; that the restaurant should be open 24 hours and requested approval of the item. There being no further appearances, the hearing was closed. Councilmember Oden questioned the number of drive-thru possibilities in the City and why the retail component of this project was foregone. Director of Planning & Building stated that based on Planning Commission testimony the developer did try to market the site as retail with no success. Council Minutes 11-07-01, Page 7 Craig Smith, stated that retailers were approached, but that it was felt that the businesses would not be downtown where foot traffic occurs, so there was no luck in rentals. Councilmember Oden questioned if there were earlier understandings that a drive-thru would be precluded. Director of Planning & Building stated that the project was approved in 1998; that retail sites were approved; that while a prohibition of drive-thrus was recalled, the plans and approval were revisited and no prohibition of drive-thrus can be found on record. Councilmember Oden questioned if zoning requirements are met, why the Planning Commission reviewed the matter. Director of Planning & Building stated that the zoning requirements are met, but that the Planning Commission does review the Conditional Use Permits of this type and the decision is final unless appealed; that in answer to earlier question, there are six existing drive-thrus within the City limits, with an additional 8 or 9 approvals not being actively pursued. Councilmember Oden questioned if there were any other approvals pending within the downtown corridor, and the traffic flow findings regarding impacts on the Community. City Engineer stated that a traffic flow study was performed; that there would be no detrimental impacts and that the level is within the General Plan categories. Councilmember Jones questioned the landscaping plan and adjustment to lighting of the signs. Director of Planning & Building stated that an upgrade to the landscaping plan could be added to the Conditions of Approval, to be reapproved by the Planning Commission; that the conditions require the removal of one building mounted sign, and that the signing program could likewise be required to be approved by the Planning Commission. Mayor stated that Planning Commission discussions with Starbucks did cover concerns about drive-thrus; that the Starbuck's approval is a success story; that people do drive across town to get a cup of coffee; that the site was shown as retail originally; that the City does try to protect the quality of development on a corner; that in the early stages, the approval did not occur for this project; that the evolution of the project with adequate walls, burming to avoid stacking of cars, and landscaping of the drive-thru area, are changes that make the project pleasing; that the project is right on point with parking stances; that while the project is aesthetically pleasing, there is no fully developed landscaped plan; that full landscaping should be required and subsequently approved by the Planning Commission; that the restaurant is a welcome addition to the City; that concerns of the residents have been added and that the only concern at this point is the landscaping. Council Minutes 11-07-01, Page 8 Councilmember Jones stated that, if possible, a requirement should be added to change the signage with Planning Commission approval. Mayor questioned what type of signage was recommended. Director of Planning & Building stated that the letters were plastic formed and recess flush with the building; and that the suggestion of Mr. Tysen is contrary to what Jack-in-the-Box approves. Councilmember Jones stated that the sign could be red, however, at night the sign should cast a shadow, with the light like a halo. Councilmember Reller-Spurgin stated that the Planning Commission decision should be upheld. Councilmember Oden stated the Planning Commission decision should be overruled, with a condition added, that a landscaping plan be approved by the Planning Commission. Councilmember Jones requested the condition be changed to include channel lighting and that concurrence would be given. Councilmember Hodges stated that the applicant has made many concessions on the project thus far and questioned the increase cost to the new conditions. Mayor stated that the channel sign would be better and added there is concern with the color of the neon. Councilmember Oden stated that the two items should be referred to the Planning Commission for review and approval. Motion to overruling the Planning Commission, with conditions to include Planning Commission approval of landscape and signage was presented; after which, it was moved by Oden, seconded by Jones and carried by the following vote that the motion be adopted. AYES: Members Hodges, Jones, Oden and Kleindienst NO: Member Reller-Spurgin ABSENT: None. 13. ZONING ORDINANCE AMENDMENT— FLOOD HAZARD REDUCTION That the Council approve changes to the Zoning Ordinance reflecting changes to the Flood Hazard Reduction Standards recommended by the Federal Emergency Management Agency, resulting in the change in the elevation of a structure in some flood zones, and requiring the elevation of mechanical units. Director of Planning & Building reviewed the staff report, no further report was given. Council Minutes 11-07-01, Page 9 Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING ORDINANCE IN REGARD TO FLOOD HAZARD REDUCTION STANDARDS after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 14. CVAG MUNICIPALIZATION STUDY 2001-02 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council consider participation and funding of Phase II of the CVAG Municipalization Study; approve a budget amendment for Phase I for $10,190; and consider approval of a budget amendment to cover Phase II for $56,613. City Manager reviewed the staff report and added that there are two avenues that are offered. Councilmember Hodges stated that the initial study was disappointing; that it was very vague; that it was good to do the first study to determine whether the City should proceed; and that the end result was the same as what Palm Springs had determined in its studies. Councilmember Reller-Spurgin stated that it is not clear what the objective of the study is; that the City did enter into the electric business and discovered little resident participation. Councilmember Oden stated that further study should not be supported; that the City has tried this same thing; that there was short return on the investment; that the market fluctuated and electricity ended up costing more; that the initial study should be funded, but no further funding assistance should be given. Mayor stated that the City did try to offer its citizens a program, but the residents did not participate in the program resulting in a collapse of the project; that there is a reluctance to approve an additional $56,000 for the same thing that was not accepted by the community and that it is not clear if the $10,000 should be paid. Council Minutes 11-07-01, Page 10 Councilmember Oden stated that the initial study was done with the assumption that Palm Springs was a partner and in good faith the City should participate in the original costs. Mayor stated that it will increase a greater share among the other Cities but that the same results will be found as Palm Springs study; that the eventuality is that Sacramento will need to make a decision regarding costs before the costs escalate any higher. Minute Order 6958 and Resolution 20218 (Phase 1) as recommended were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that MO6958 and R20218 be adopted. 15. RESOLUTION OF CONVENIENCE AND NECESSITY Recommendation: That the Council consider adoption of a Resolution of Convenience and Necessity in order to sell beer and wine at an existing meat market located at 1750 N. Sunrise Way, C-1 zone, Section 1. Director of Planning & Building reviewed the staff report. Councilmember Hodges stated that Notice of Mailing was received regarding this property and questioned possible Conflict of Interest. Director of Planning & Building stated the Notice was mailed in error. Councilmember Reller-Spurgin stated that she would vote no regarding any action that approves the buying of liquor for convenience. Councilmember Oden stated that there are two schools nearby, but that this approval is a downgrade in what is presently done. Mayor questioned if the 7-11 next door was full liquor sale service. Director of Planning & Building stated that the 7-11 sold beer and wine only. Resolution 20219 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following vote that R20219 be adopted. AYES: Member Hodges, Jones, Oden and Kleindienst NO: Member Reller-Spurgin ABSENT: None. 16. CALIFORNIA UTILITY BUYERS JOINT POWERS AUTHORITY Recommendation: That the Council approve membership in the California Utility Buyers Joint Powers Authority and authorize execution of the Joint Powers Agreement. A4424. Council Minutes 11-07-01, Page 11 Director of Procurement & Contracting reviewed the staff report and added there are a number of benefits; that it is not mandatory to purchase from the Authority, but that the lobbying efforts will benefit the City. Resolution 20220 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that R20220 be adopted. 17. TAHQUITZ CREEK GOLF RESORT MARKET STUDY Recommendation: That the Council approve a Memorandum of Understanding with Colliers Seeley International, Inc., to market the Tahquitz Creek Golf Resort as a resort hotel site and to commission a market and feasibility study for a hotel at no cost to the City. A4425. City Manager reviewed the staff report. Mayor questioned the length of the term. Councilmember Hodges stated six months. Redevelopment Director stated that there will be three months to prepare the study and that the total term is one year. City Manager stated that the marketing study would be due within 90 days. City Attorney clarified that the contract originally was for one year; that there are stages of the agreement; that there are three months to develop the marketing study; that at that point if the City decides it is feasible, the firm has an additional six month period to market the property with the fee at 2-'/z% of the property value at close of escrow; and if not, the contract ends at that point. Councilmember Hodges questioned if the 2-%2% was related to the fair market value or sales price. City Attorney stated the contract should be for sales price of the property. Redevelopment Director stated the City could lease the property and determine the assessment on the lease value, and based on that concern, the language was changed to fair market value of the property; that if the cost of the land was used as an incentive for a developer, then the value would need to be negotiated. Mayor questioned if this study included the entire site. Redevelopment Director stated that one reason for the study is to determine the footprint for a possible resort. Minute Order 6959 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that MO6959 be adopted. Council Minutes 11-07-01, Page 12 18. TRAFFIC CONGESTION RELIEF ACT INITIATIVE Recommendation: That the Council consider support of the Planning and Conservation League's Traffic Congestion Relief Act Initiative. Assistant City Manager-Administration reviewed the staff report, no further report was given. Resolution 20221 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20221 be adopted. 19. 2000-01 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council amend the Fiscal Year 2000-01 budget to pay back $200,000 in loans from the General Fund effective 11-1-01; and amend the fiscal Year 2000-01 budget for $200,000 for a new loan to Merged Project Area 1 Capital Project fund to cover the Desert Shadows project appropriation at 6%, effective 11-12-01. City Manager withdrew the item 20. TEMPORARY HOMELESS SHELTER Recommendation: That the Council consider authorizing staff to proceed with the design and implementation of a temporary facility to feed the homeless located on Community Redevelopment Agency-owned land at 190 West Sunny Dunes Road. City Manager withdrew the item. 21. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 22. Treasurer's investment Report as of September 30, 2001. Received and filed. PUBLIC reports or requests STAFF reports or requests Police Department update on status of security cameras City Manger reviewed the RFP process for the completion of the proposal; that the cost estimates are being put together; that the City Attorney has formed a legal opinion on the matter and that the information would be forthcoming in the Council weekly packet. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 14, 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 Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 14, 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 and Mayor Kleindienst Absent: Councilmember Reller-Spurgin 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 November 9, 2001. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY- No Business PUBLIC COMMENTS: Hal Stone, no address given, stated that the Ocotillo Plant has reapplied to the State for an energy plant to be located in Riverside County; and added that the City has moved rental cars from Indian Avenue to a location behind his home on airport property; that the agreement was for the storage of cars and that now maintenance, the loading and unloading of cars occur during the early morning hours disrupting his peace, quiet and sleep. APPROVAL OF CONSENT AGENDA: Items 1 thru 3. It was moved by Oden, seconded by Jones, and unanimously carried, Reller- Spurgin absent, that Items 1 thru 3 be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Councilmember Hodges questioned if the motorcycles could be retained longer than two years. Police Chief stated that the cycles could be used longer, but that the agreement allows for trade in at the two year period; that trading in at that time prevents heavy repairs and maintenance costs; and that in the long run it is a better program for the City to use the early trade in. 1. MO 6960 approving Amendment 2 to A4382 with Gensler & Associates sub consultant blast assessment work related to the Palm Springs International Airport terminal expansion for $60,500. Council Minutes 11-14-01, Page 2 2. MO 6961 approving Amendment #1 to A4317 with Coachella Valley Association of Governments for lead agency administrative costs for the design of the Indian Canyon Drive/Interstate 10 interchange for$9,000, CP00-14. 3. MO 6962 approving purchase of one Harley Davidson motorcycle from Palm Springs Harley Davidson for police department use for$6,307,13. 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. LEGISLATIVE ACTION: 4. 2001-02 ALLOCATED POSITION & COMPENSATION PLAN #3 Recommendation: That the Council approve Amendment #3 to the 2001-02 Allocated Position & Compensation Plan for the overfill of two police officers and one community services officer. City Manager reviewed the staff report, no further report was given. Resolution 20222 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, Reller-Spurgin absent, that R20222 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: None CITY COUNCIL reports or requests PUBLIC reports or requests Hal Stone, stated an eight foot wall was to be constructed at the back of the property to assist in alleviating noise from the rental car area; that a six foot wall was constructed; that landscaping was to be used, but the landscaping is either sparse or non-existent; that the loading and unloading of rental cars commence at 2 a.m. to 3 a.m.; that helicopters fly over his home; that the area should be restricted from the flyovers; and that there could be a safety problem involved. STAFF reports or requests ADJOURNMENT: Council Minutes 11-14-01, Page 3 There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 21, 2001 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to be held in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 21, 2001, at 7:00 p.m., at which time, the City Clerk adjourned the meeting due to a lack of quorum to November 28, 2001. ROLL CALL: Present: None Absent: Councilmembers Hodges, Jones, Oden, Reller-Spurgin, and Mayor Kleindienst PATRICIA A. SANDERS City Clerk