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HomeMy WebLinkAbout1/15/2003 - STAFF REPORTS (4) CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 4, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 4, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, and Mayor Kleindienst Absent: Councilmember Reller-Spurgin The meeting was opened with the Salute to the Flag, and an invocation by Father 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 27, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business Convene as the Community Redevelopment Agency; remain in session as the City Council. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY JOINT LEGISLATIVE ITEMS: A. MERGED REDEVELOPMENT PLAN AMENDMENTS AREA 1 & 2 Recommendation: That the Agency and Council set the date and time for a joint public hearing to consider the First Amendment to the Merged Redevelopment Plan for Project Areas 1 and 2; and that the Agency transmit the Plan Amendments to the City Council for consideration; and that the City Council initiates the process for both areas to re-establish eminent domain authority for nonresidential property. PUBLIC HEARING SET FOR JANUARY 15, 2003. Director of Community & Economic Development reviewed the staff report and added that the public hearing would be set for January 15, 2003. Councilmember Mills stated a conflict of interest regarding Project Area 9D. Resolution 1201 and 1202 (Agency) and Resolution 20499 and 20500 as recommended were presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, Reller-Spurgin absent and Mills abstaining that R1201, 1202, 20499 and 20500 were adopted. -Zr�11 -1 Council Minutes 12-04-02, Page 2 Adjourn as the Community Redevelopment Agency; remain in session as the City Council. PUBLIC COMMENTS: John Connell, representing Festival of Lights invited the Community to attend the Light Parade and added that the item concerning the Tramway Gas Station is long overdue; and that the City should purchase the historic site to preserve for the City. Jim Dollar, Palm Springs stated that the Tramway Gas Station will serve as an excellent Visitors Information Center for the City and added that the Festival of Lights Parade is the most spectacular event the City hosts. Charles Rubles, no address given, invited the Community to attend the annual presentation of the Nutcracker on Friday and Saturday night at 2 p.m. Father Green, Palm Springs, stated that the Homeless Task Force is meeting with various groups and members of the Community regarding the proposed site for the homeless shelter; and that it is hoped that all issues of concern can be mitigated. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that Items 1 thru 8 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Oden questioned, regarding Item 5, how many companies have handled the service since the duties were privatized. Director of Parks, Recreation & Facilities stated that the contract has been let several times; that at this point it has been determined that a better job, for a significant savings could be done in-house. Councilmember Oden stated that this will be an enhancement to the City; and that in the long run it seems when services are privatized there is a reduction in quality of service. Mayor questioned the area for steam cleaning; and if the equipment would be leased. Director of Parks, Recreation & Facilities stated Alejo to Ramon to include spot cleaning when needed and that the equipment will be City owned. 1. MO 7208 approving Amendment 1 to A4492 with Howard, Needles, Tammen & Bergendoff (HNTB) to incorporate construction phase administrative services into the Convention Center Phase I Design contract for$38,800. 2. MO 7209 approving an agreement with Balboa Medical Services for vehicle fleet maintenance services. A4600. 3. MO 7210 approving an agreement with Palm Springs Youth Football to promote and provide tackle football for the youth for a term of three years at a yearly rental rate of$1,500. A4601. Council Minutes 12-04-02, Page 3 4. MO 7211 approving the waiver of rental fees to Foundation of the Retarded for use of the Palm Springs Stadium for the Desert's Charity All-Star games for $500,00. 5. MO 7212 terminating the agreement with Desert Janitorial A4226 for park restroom maintenance and weekend trash removal in the downtown area, annual cost $55,462.85. 6. MO 7213 approving an agreement with Canon Business Solutions — West, through participation with the County of Riverside to provide city-wide cost per copy services, term for 5 years beginning 01-02-03 at a cost of .0248 cents per copy annual pricing adjustment indexed to the Producer's Price Index. A4602. 7. MO 7214 authorizing the City Manager to submit a grant application to the Mobil Source Air Pollution Reduction Review Committee (MSRC) for the Coachella Valley PM10 Reduction Program. 8. Res 20501 and 20502 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 982355 C.Kell-Smith Business Related 982492 Tenent EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 9. SOUTH INDIAN CANYON DRIVE RIGHT-OF-WAY VACATION Recommendation: That the Council vacate a portion of right-of-way dedicated for the public street named South Indian Canyon Drive in Section 14, T4S, R4E. File R-02-048. City Manager reviewed the staff report, no further report was given. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20503 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that R20503 be adopted. 10. TPM 30843 — PD 278— Cs5.0926 — REGAL HOMES Recommendation: That the Council approve Tentative Parcel Map 30843 and Case 5.0926, Planned Development District 278, for the subdivision of 30,055 square feet of land into 4 lots for a gated cluster residential development located at 3101 North Indian Canyon Drive. Applicant Regal Homes, James Lintz. Council Minutes 12-04-02, Page 4 Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber. Councilmember Mills questioned the HOA involvement in the landscape plan. Director of Planning & Zoning stated that there will be HOA participation in the common areas and that the homeowners maintain private areas; and that typically there is no regulation or enforcement of private back yard maintenance. Mayor declared the Hearing open. Jim Isserman, Palm Springs, expressed support for the project and added that the area is in great revitalization. Richard Filliah, Classic Homes, stated that the project does have many architectural features and will be an attractive anchor for the area. There being no further appearances, the Hearing was closed. Councilmember Mills stated that the project is an excellent idea of what can be done with the lots in this area; that there other lots with similar frontage; and that it is hoped that the project will be an impetus to the area. Resolution 20504 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, R20504 be adopted; and City Clerk read Title of Ordinance as follows: AN ORDINANCE OF ,THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-G-A(6) TO PD278 FOR PROPERTY LOCATED AT 3101 NORTH INDIAN CANYON DRIVE, ZONE R-G-A(6), SECTION 3 After which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, 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: 11. TRAMWAY GAS STATION - 2901 NORTH PALM CANYON DRIVE 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an assignment of agreement for purchase and sale and lease agreement from Burnett Development Company at a rate of$4,000 a month until the close of escrow for a cost of$638,000 plus pro Council Minutes 12-04-02, Page 5 rata closing costs and contingent master planning costs; and amend the budget thereto. A4603. Director of Community & Economic Development reviewed the staff report and added that there may need to be some modification to the front wall, but that a subcommittee of the Historic Site Preservation Board would be asked to review any modifications. City Attorney clarified that the purchase price may be negotiated at a lower price, but that it would not exceed the recommendation. Councilmembers concurred that the site was good for a Visitors Center and an indication of success of progress. Mayor stated that it was indicated that a conflict of interest did exist in the past; that the Conflict was cleared and that the vote will bring the project closer to reality. Minute Order 7215 and Resolution 20505 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that MO7215 be adopted. 12. MOTOROLA COMMUNICATIONS Recommendation: That the Council approve an agreement with Motorola Communication for maintenance support of the City's Motorola 800 MHz Radio System for a term of 7/1/02 through 6/30/03 in an amount of $73,127.35. A4605. City Attorney stated that terms in the contract are different than standard; that the Deputy City Attorney did provide a memo to the Council outlining the changes; and that the contract recommended is one that has been agreed upon by the attorneys involved. City Manager stated that the only alternative is to not enter into a contract and have the company bill on a time and material basis, which would result in higher cost. Minute Order 7216 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously approved, Reller-Spurgin absent, that MO7216 be adopted. 13. AIRPORT MID-YEAR BUDGET ADJUSTMENTS 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve a midyear budget adjustment for the Airport and amend the 2002-03 fiscal year budget for $1,496,000. Executive Director — Airports reviewed the staff report and added that the 1992 Revenue Bond Issue has a rate coverage covenant which requires the Airport to have annual revenue that meets or exceeds 125% of operation and maintenance costs. Council Minutes 12-04-02, Page 6 Mayor stated there is no tolerance for slippage and questioned if the bonds were reissued would the requirement go away. City Manager stated that new bonds would eliminate the outdated covenant; and that the refinance of the bonds will be forthcoming. Director of Finance & Treasurer stated that there would be an overall savings in the Airport budget for the funds needed. Resolution 20506 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that R20506 be adopted. 14. 2002-03 FISCAL YEAR BUDGET AMENDMENT PALM SPRINGS FILM FESITVAL Recommendation: That the Council amend the 2002-03 fiscal year budget in the amount of $4,200 to provide additional funding to the Palm Springs Film Festival to be used for financial and administrative services. City Manager withdrew the item. 15. SPECIAL MUNICIPAL ELECTION — NOVEMBER 5, 2002 Recommendation: That the Council declare the results of the November 5, 2002 special municipal election. City Clerk reviewed the staff report. Councilmember Hodges stated that the Community did read the information and voted how they believed; that personally the passage of Y and Z are two to be proud of; and that the passage of the two occurred with no promotion and no signage. Councilmember Oden stated that the Desert Sun has reprimanded the voters on the turnout; that in this City the turnout was the highest in 30 years; that the people of the City should be commended for reading the materials and making informed decisions; that it is clear that the Community does have concerns with communication and inclusion; that business can not continue to be done as usual; and that changes are needed to move forward in the future. Resolution 20507 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20507 be adopted. 16. COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council amend the Comprehensive Fee Schedule, as amended, to establish citywide fees for the reproduction of copies and eliminate the fee charged for research in various departments. Council Minutes 12-04-02, Page 7 City Manager reviewed the staff report, no further report was given. Resolution 20508 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20508 be adopted. 17. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 18. FISCAL YEAR 2001-02 CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT— received for filing Councilmember Hodges requested an update on the installation of cell towers and a study session be scheduled regarding Ordinances that affect downtown. Councilmember Oden requested a schedule of upcoming meetings for the remainder of December 2002 and January 2003; to include the budget review and the next general workshop projected date. Mayor requested the meeting schedule for the Joint Meeting with the Planning Commission regarding Mesquite Avenue and Vella Road; and reported that due to the deficit State Budget, STIP funding that was allocated for projects in the City might not be funded. PUBLIC reports or requests STAFF reports or requests City Engineer reported that a Thanksgiving Basket had been prepared and delivered to the New York Firefighters that responded to the September 11, 2001 Twin Towers emergency call. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk JOINT MEETING CITY COUNCIL OF THE CITY OF PALM SPRINGS AND AGUA CALIENTE BAND OF CAHUILLA INDIANS CITY COUNCIL MINUTES DECEMBER 5, 2002 An Adjourned Joint 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 Thursday, December 5, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 6:00 p.m., the meeting was convened in open session. COUNCIL ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, and Mayor Kleindienst Absent: Councilmember Reller-Spurgin TRIBAL ROLL CALL: Present: Tribal Members Gonzales-Lyons, Patencio, Prieto-Dodd, Patencio and Chairman Milanovich The meeting was opened with the Salute to the Flag, and a Moment of Silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 28, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business PUBLIC COMMENTS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None. LEGISLATIVE ACTION: 1. CASE 5.0667 — PD232 SPA RESORT CASINO PROJECT — CONFORMITY REPORT Recommendation: That the Council meet in Joint Session with the Agua Caliente Band of Cahuilla Indians Tribal Council to discuss the proposed Spa Resort Casino Project and Conformity Report. The project description includes an 119,000 square foot casino building, parking and associated improvements on a 7.2-acre site located within the boundaries of Amado Road, Calle Encilia, Calle El Segundo and Andreas Road, Section 14. Director of Planning & Zoning reviewed the staff report, no further report was given. Tribal Planning Director reviewed the background of the Spa Resort and Casino and the Conformity Report in full. City Attorney stated that the process is new, and demonstrates how the agreement was entered into with both entities works; and that the process is a coordinated and cooperative working effort. Councilmember Mills stated that the Tribal Council and Tribal staff effort is appreciated; that the Community has been considered and consulted; and that the proposed mitigation measures will enhance the project. Councilmember Oden stated that he Tribal Members are also residents of the City; that as the Tribal Council improves its land, the entire City benefits; that this is a good process; that both staff does work well with each other; and that the project is one that will greatly impact the benefits of the Community. Councilmember Hodges stated when the project was first unveiled in 1994, the entire Community was excited; that the plans presented this evening are even better than the originals; and that this will be great addition to the downtown. Mayor stated that we do live in a distinctive community; that each government has distinctive powers and both are concerned with what we call home; that both bodies have worked with mutual respect and established a strong rapport; that while full agreement is not always found, a middle ground is sought; that each movement of the proposal has been deliberate; that the growth of the Tribe has been beneficial and an asset to the City; that there are only three Tribes that have reservation land within a City's limits and all are in the Coachella Valley; and that it is fortunate that the City of Palm Springs Tribal Council is concerned with what is best for the Community at large. Tribal Chairman stated that the commitment is to improve the Community; that the Tribal people are a proud and strong people; that the project will be finalized shortly; that work has been and will continue to be improvements for the City, especially to the environment; that the staff's of both entities have worked together to improve the project; that all recommendations by City staff were professional; that the architectural firm selected is the best; that only the best of consultants were hired and that the project will be second to none; that the Tribe is sovereign; that sovereign means responsibility; that this project is a accumulation of dreams of generations; that the actions taken are our ancestors speaking; and that together with the City a wonderful project and environment will be created. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & 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 DECEMBER 18, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 18, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Rabbi Jordan Ofsyer, Temple Isaiah REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 13, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page of 7 agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business MAYOR PRO-TEM: Motion to appoint Councilmember Oden as Mayor pro tern was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried that the Motion be adopted. Convene as the Community Redevelopment Agency; remain in session as the City Council. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY: JOINT PUBLIC HEARING: A. BURNETT COMPANIES DISPOSITION AND DEVELOPMENT AGREEMENT Recommendation: That the Agency and City Council approve the Disposition and Development Agreement with Burnett Companies on two parcels at the corner of Sunrise Way and San Rafael Road for a major single-family home development; and approve a lot line adjustment necessary to merge the lots into a single parcel. A458C. Director of Community & Economic Development reviewed the staff report and added that the portion of property designated as Parcel S was to be used as a park; that the property is landlocked and the parking designation is being moved to a better location for access; that Parcel S will come back to the Agency at a later date for action; that Burnett Companies has negotiated a contract for a national home builder; that the project will be an active adult community and that the DDA will include provisions regarding the homebuilder. / Council Minutes 12-18-02, Page 2 Agency Member Hodges questioned if the homebuilder would be taking on the entire project; at what price range would the homes be listed at; and requested clarification as to location. Director of Community & Economic Development stated that the homebuilder will be undertaking the entire project, that the homes are geared in the $205,000 to $280,000 price range and that the property is actually at the north end of Sunrise, wrapping around Palm Springs Country Club. Mayor declared the Hearing open. Jason Lee Burnett, Burnett Companies stated availability for any questions. There being no further appearances, the Hearing was closed. Agency Member Hodges stated that project is an exciting one for the area. Resolution 1204 and 1205 (both Agency) and Resolution 20509 (Council) as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that R1204, 1205 and 20509 be adopted. Mayor declared the Meeting adjourned as the Community Redevelopment Agency and continued as the City Council. CITY COUNCIL PUBLIC COMMENTS: Billy Ray King, Palm Springs, requested assistance through City processes for opening of a business. The following persons requested approval of items 12 and 13: Loren Berthelsen, Palm Springs Lee Morcus, Palm Springs Bob Carey, Palm Springs Aftab, Hilton representative Todd Sand, Palm Springs, requested reconsideration of the proposed location of the homeless center in a residential area. Robert Van Etten, Palm Springs, read a prepared statement on file in the Office of the City Clerk, urging the relocation of the proposed homeless center that is presently proposed in a residential and school area. Thomas Van Etten, Palm Springs, stated that negative comments regarding the proposed homeless center are ignored at meetings; and urged that the site be moved to an area that will not affect seniors, residents and schools. Council Minutes 12-18-02, Page 3 Bridget Zaweideh, Palm Springs, requested that the homeless center proposed for the Sunrise/Vista Chino area be moved to a location that is not near schools, residential properties, or is a gateway to the City. Bruce Bushore, Palm Springs, urged approval of items 10 and 15. The following persons spoke in opposition of item 11: Michelle Bernal, Palm Springs Dr. Gerald Lim, Palm Springs Sally Watt-Songy, Palm Springs Lori Travis, Palm Springs Casey Beardshear, Palm Springs Becky Andelson, Indian Wells Maureen Lim, Palm Springs Marjorie Casagtrande, Palm Springs Lisa Beardshear, Palm Springs Michael Andelson, Indian Wells The following persons spoke in support of item 11: Mark Wood, Cathedral City Andy Wood, Cathedral City Ashley Dunphy, Palm Springs Lynne Bushore, Palm Springs Michael West, Palm Springs Tracey Redmon, Palm Springs Katy Wilkerson, Palm Springs Michele Dunphy, Palm Springs Leif Frederickson, Palm Springs Patricia Santiago, Cathedral City Melissa Rodriguez, Cathedral City Joy Meredith, Palm Springs, stated that items 6, 9, 12, 13, and 15 are exciting for the City and urged approval of the items. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 7, excluding 6, be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes of November 6, 20, and 26, 2002. 2. MO 7217 approving the purchase of an Articulated Wheel Loader for the Street Maintenance Division to D3 Equipment in the amount of $88,489.69. 3. Res 20510 approving Final Map No. 30454 for Sanborn A & E, Inc., representing Canyon Gate, LLC to subdivide property located at 635 S. Belardo Road, in Section 22, T 4 S, R 4 E. A4607. Council Minutes 12-18-02, Page 4 4. MO 7218 approving submission of the Draft Housing Element to the California Department of Housing and Community Development (HCD) for review and approval. 5. MO 7219 authorizing the City Manager to execute a United States Fish & Wildlife license/permit application form (Fish & Wildlife Service Form 3-200, Section 10(a)(1)(b), in accordance with Fringed-Toed Lizard MOU Amendment, Section II (B). A4366. 6. SEE EXTENDED CONSENT AGENGA 7. Res 20511 and 20512 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 982868 Tenet Business related Reller-Spurgin 982856 Spurgin Spouse 982960 EXTENDED CONSENT AGENDA: 6. FRANCES S. STEVENS HISTORIC REGISTRY Recommendation: That the Council authorize the City Manager to file an application to the California State Historic Preservation Office (SHPO) for the nomination of the Frances S. Stevens School to the California Register of historic Resources. Councilmember Hodges requested the recommendation be modified to include application for other City sites to be nominated likewise. Mayor requested that each site be brought to the Council for consideration in that the designation may hamper a future action. Minute Order 7220 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that MO7220 be adopted. PUBLIC HEARINGS: 8. CASE 5.0889 — PD269—TTM30058 — BURNETT COMPANIES Recommendation: That the Council consider the approval of Case 5.0889- PD269 application by the Burnett Companies for a Planned Development District and Tentative Tract Map 30058, for the subdivision of a 46.2 acre parcel into a 176 lot, single-family residential gated community, with minimum 5,500 and 7,700 square foot residential lots, located at 3801 North Sunrise Way, Zone PD116A, Section 35. Applicant: Burnett Companies (490 Notices Mailed) Council Minutes 12-18-02, Page 5 Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Jason Lee, Burnett Companies, stated that the conditions requested by the Planning Commission were complied with and added availability for any questions. There being no further business, Mayor declared the Hearing closed. Resolution 20513 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20513 be adopted. 9. CASE 5.0932 — PD280 —AGUA CALIENTE DEVELOPMENT AUTHORITY Recommendation: That the Council consider the approval of Case 5.0932- PD280 application by the Agua Caliente Development Authority for the reconstruction and expansion of the existing Canyon South Golf Course, a Specific Plan Amendment to remove the Residential Land Use from the Golf Course and the Golf Land Use from Residential, and a General Plan Amendment in order to create consistency with the Specific Plan, on 152 acres located at 1097 Murray Canyon drive, Zone W, W-R-1-B, SP-1, Sections 35 and 36. Applicant: Agua Caliente Development Authority (275 Notices Mailed, and 168 Notices Mailed to BIA) Councilmember Reller-Spurgin stated conflict of interest due to proximity of residence; and exited the meeting. Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Joan Taylor, Sierra Club, stated that the Casey June Beetle was declared endangered two years ago; that the area being proposed for the Beetle habitat will not be sustaining; that the record asserts that there are no Casey June Beetles in the area; that the record is incorrect; that the literature on the Beetle habitat is clear; that the area for the proposed development is habitat; that the Big Horn Sheep has been documented in the north end of the site; that the assertions by the Fish and Game is incorrect; that the information given by the Agency is not validated; that a State listing of endangered species is not as strong as a Federal listing; and that the proposed project if approved will close the corridor for the Big Horn Sheep on the west side. Wayne Brechtel, representing Sierra Club, stated that the Sierra Club is concerned with the impacts of the project on the Big Horn Sheep; that the proposed project will affect the battle over the sheep and will impact the species; that the stipulated judgment did have conditions to comply with for development; that the ACDA is the successor to the judgment; that nothing has been said about the west end of the corridor; that the project should be considered as a whole; that the status of the Beetle does satisfy the criteria for endangered Council Minutes 12-18-02, Page 6 species; that the Beetle was on the Coachella Valley plan at one time, then was removed; that there is no plan, to preserve the Beetle in the mitigation factors; that the project will destroy 7 — 10 acres of vital habitat; that the proposed tradeoff habitat acreage is not habitat; that if the proposed project goes forward without a plan to mitigate there are few options left for the Sierra Club to exercise. Dana Prieto, developer, stated that the environmental issue can be resolved; that this project is part of a rebirth of Palm Springs; that the former hotel was a diamond for the City; that this is an opportunity for the Tribe and the City to work together and that although the full plans of the hotel have not yet been revealed, they are impressive. Ron Gregory, landscape architect, stated that the landscaping has been designed with drought tolerant plants and added availability for questions. Tom Davis, Tribal Planning Director, stated that the project is a renovation; that the project does address mitigation issues for the Big Horn Sheep; that the conservation plan does state that the golf course area is not a viable corridor for the sheep; that the Beetle is not addressed in the plan; that there is very little known about the Beetle or its habitat; that the Beetle is not listed on the endangered or threatened surveys; that through research it has been determined that the Beetle does not exist within the boundaries of the reservation land; and added availability for questions. Nicole Christina, Terra Planning, stated that the company did prepare the environmental documents for the project; that the project does comply with the Specific Plan and with the Stipulated Judgment; that there has been renaturalized acreage for proposed habitat; that the project is sound and that approval is requested. There being no further appearances, Mayor declared the Hearing closed. City Attorney stated that there were Conflict of Interest on the Planning Commission; that lots were required to be drawn; that the remaining 3 non- conflicted Commissioners did participate and support the project; that the required participant Commissioners were only present to form the quorum; that the process was appropriate; that the Stipulated agreement was concurred with; that at all times the City has believed that the Judgment applies; that any development that occurs in the South Palm Canyon area will be required to comply with the judgment; that issues that are on Reservation land that the City does not have control over is between the Tribe and the concerned party; but the City has and will continue to require any developer to comply with the Stipulated Judgment. Councilmember Oden question the discrepancy on the 7— 10 acres. Director of Planning & Zoning stated that the area in question is the existing golf course; that the acreage will be used to widen the channel for flood control; and that no development is proposed within the wash area. Councilmember Mills questioned the location of the clubhouse. Council Minutes 12-18-02, Page 7 Director of Planning & Zoning stated that the clubhouse will be located on the existing site; and that the intent is to reopen the course in November with the existing clubhouse. Councilmember Oden questioned the record concerning the Big Horn Sheep. Director of Planning & Zoning stated that a meeting had been held with Fish & Game; that there is not a concern, but that if there are appearances; the area will be fenced off. Mayor stated that all parties have worked with cooperation; that it is clear that the project has kept pace; that the project will be an important asset to the City; and that the project does indicate a good partnership between both entities. Resolutions 20514, 20515 and 20516 as recommended were presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20514, 20515 and 20516 be adopted. Councilmember Reller-Spurgin re-entered the Meeting. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 10. "PARKS BEAUTIFICATION AND TREE PROGRAM" POLICY Recommendation: That the Council approve the establishment of the 'Parks Beautification and Tree Program" and adopt the policy for its implementation and operation. City Manager withdrew the item. Councilmember Hodges requested the fees be reviewed. 11. PALM SPRINGS AQUATICS AGREEMENT Recommendation: That the Council approve one of two options for an agreement between the City of Palm Springs and Palm Springs Aquatics (PSA) to provide a quality swim program for the citizens of Palm Springs. A-----. Director, Department of Parks, Recreation and Facilities reviewed the staff report and added that the Commission had supported entering into the agreement; and that effort has been given to trying to allow the two private groups work out any problems. City Attorney stated that an issue had been raised regarding the conduct of one of the coaches; that an informal review of the issue had been conducted; that there was a letter sent advising that the City would not tolerate throwing of chairs or cursing on the deck of center; that the City will follow through should any incidents arise in the future; that there was an issue raised regarding the Parks & Recreation Commission proceedings and possible 1090 violations; that when the Council Minutes 12-18-02, Page 8 issue was brought to the City Attorney there had already been several meetings of the Parks & Recreation Commission; that advice had been given by the Director to a Commissioner based on an outdated Commissioner Handbook; that a meeting was held with the Commissioner and the City Attorney; that it has been determined there is no 1090 issue; however, allegations of condition of fair hearings were likewise discussed; that the Commissioner was not aware that there were improprieties; that the Commissioner, after discussion, did not participate in the Commission meetings on this item; that it is unfortunate that the prior meetings with the Parks & Recreation Commission did occur, but when the Piranhas attorney was advised of the action and counsel given by the City Attorney it was appreciated; that it does seem that the Piranhas indicate that the agreement with the City is being violated; that the agreement is enforcing its responsibilities as it should; that there may be other issues that the Piranhas may legally pursue; that staff has indicated that there is enough room for both groups without a safety issue; that the new group is a splinter of the Piranhas, therefore not increasing the number of individuals using the pool; and that the Council is being offered alternatives it could choose, if desired. Councilmember Oden stated that the Piranhas group is saying it was not given fair hearings due to relationships that exist with Councilmembers and the Aquatic group; that most of the issues could have been avoided several months ago when staff was advised of possible conflicts; that it is important that all are dealt with in a fair manner and that appearance of impropriety is avoided; that the Piranhas are now coming to the Council to see if a fair hearing can be given; and the question to consider is if this were someone else in this situation, would it be handled in the same way; that it is disappointing that staff did not act to avoid allowing this situation to reach this point; and that the concern is when this situation was given to staff and not acted on or at least relayed back with an answer, what else is being withheld. Councilmember Reller-Spurgin stated that this issue has escalated into the Council being a jury; that it is the children who should be of concern; that the pool is there for use and that all should be given the opportunity for that use. Councilmember Hodges stated that there does not seem to be equity between the two groups and the rental of the pool. Director of Parks, Recreation & Facilities stated that the rent is based on the number of members and the usage. Councilmember Hodges stated that there is a responsibility when one sits on a Commission to determine if one has a conflict; that the City Attorney is here to give advice; that all Commissioners should know that the Attorney should be contacted when the situation arises; that the City has been placed in a position that looks bad; that the Piranhas has used the pool for 30 years; that the group does a good job; that there is not a lot of expandable room; and that it does not seem another group is needed. Councilmember Mills questioned if the overlap of time of use is of concern. Director of Parks, Recreation & Facilities stated that the overlap should not cause problems; that no group is held strictly to the hours of the agreement; that Council Minutes 12-18-02, Page 9 the agreement states the hours are to be used as typical times; and that if a group comes early it has not been an issue. Mayor stated that it is a hard press to deny children the use of their City's pool; that it is also difficult to recommend a time slot of 9 p.m., on a school night for the designated time for the children to practice; that a hardship should not be placed on the children or their parents; that there are 15 lanes at the pool; that it is the citizens that own the pool; that if any organization, i.e., AYSO split, the City would endeavor to accommodate all the kids for practice time; that these groups provide a service the City does not; that if there is overcrowding, why yield to a high school from another City; and hours do need to be established to gain the maximum amount of usage and to accommodate as many as we can. Councilmember Oden stated the Piranhas have been a part of the City for 30 years; and the Aquatics are a new group; that with the problems between the groups, it would seem advisable to have a minimum overlapping of time; that minimum interaction between the groups should occur. Councilmember Mills stated that any child that wants to swim should be able to; that the two groups have been interacting during the same time frame for three months and there have been no incidents; that the situation seems to be working out; that both groups should be entitled to contracts as long as the pool can accommodate. Councilmember Reller-Spurgin stated that any contract entered into should contain a clause stating inappropriate behavior can be cause for cancellation of contract. Councilmember Mills concurred. City Attorney questioned if the equitable payment of fees should be based on the number of swimmers of each group. Director of Parks, Recreation & Facilities stated that the Piranhas contract is based on 50 swimmers; that actually the membership is 75 at this point, but will drop to about 52 in the summer; that the Aquatics has 19 swimmers and that the rates are currently based on the number of swimmers. Councilmember Mills stated that the number of swimmers seems to be the best evaluator for fees; and that staff should come back with something to indicate how the determination is made for future implementation. City Attorney stated that if the ideal were the number of swimmers, then an annual evaluation would be needed to get the membership report. Councilmember Reller-Spurgin stated that there is a current contract with the Piranhas and that the contract should be upheld in its current state. Mayor stated that a new agreement could be based on the number of swimmers, lanes and the usage; that it is not recommended that a great number of swimmers use a limited amount of lanes, nor that another group have a low number of members and be allowed a high number of lanes; that parity should Council Minutes 12-18-02, Page 10 be given to the groups; that a policy that is equitable should be worked out for both groups. City Attorney stated that direction given is that the Piranhas agreement be upheld in its current state and that the Aquatics agreement be based on the number of swimmers and the number of lanes with adjustments each year based on membership audit by the Director of the facility. Councilmember Hodges stated that the Parks and Recreation Commission could not work out an agreement; that now staff is being asked to work out something; that the issue should be sent back to the Commission to allow a fair hearing; that there are conflicts in the pool area; and that a group that has used the pool for 30 years is being told to reduce its number of lanes for practice. Councilmember Oden stated that the coaches at the high schools have indicated that there is simply not enough room for everyone; that staff is stating that there is plenty of room for everyone; and that it would seem that the experts are advising otherwise; that all young people need access; but that this process was flawed. Motion to approve Option A was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and failed by the following vote. AYES: Members Mills and Mayor Kleindienst NO: Members Hodges, Oden and Reller-Spurgin City Manager requested the item be withdrawn to allow a sub-committee of both groups and the City Manager to meet and confer until all issues can be resolved and a final agreement be brought back to the City Council for consideration. Mayor requested that staff also determine why the high schools get priority on lane usage and added that the usage should be based on the growth of the Community. 12. CONVENTION CENTER EXPANSION PHASE I — TRADE CONTRACT AWARDS Recommendation: That the Council approve trade contracts with trades in excess of $100,000 on the Convention Center Expansion Phase I and provide project administration authority. A4608, 4609, 4610, 4611, 4612, 4613, 4614. Executive Director—Airports reviewed the staff report and in answer to questions by Council added that the local preference only applied to businesses in Palm Springs and not in the Coachella Valley; that it is requested that the low bidder for the kitchen equipment be rejected as non-responsive; that Trade Contract 32 should be Cove; that the price differential between the bids for the electric is large, but that staff does feel comfortable with the bid; that Trade Contract 13 has a like discrepancy between the bids, but that no one has complained that an error was made in the submissions; that all contractors were pre-qualified and that the background checks have been completed. Council Minutes 12-18-02, Page 11 Minute Orders (8) 7221 — 7228 and Resolution 20517 as recommended were presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, that MO7221 —7228 and R20517 be adapted. 13, CONVENTION CENTER EXPANSION PHASE II — ARCHITECTURAL SERVICES CONTRACT Recommendation: That the Council approve an Architectural Services Agreement with Fentress Bradburn Architects LTD for Convention Center Expansion Phase II project. A4615. Executive Director — Airports reviewed the staff report and requested that the agreement be modified to specify the lead designer and architect and that in Schedule A the amount of times to visit the site be listed as 100 man trips. Councilmember Mills stated that time had been spent reviewing the agreement; that the fee is at the higher end of the spectrum and requested the architect explain the premium fee; that it is encouraged that any allowable reimbursable come from Palm Springs firms; that the landscape architect could likewise be contracted from Palm Springs or other valley city; that the 60 day period referenced in Exhibit A should be noted at the completion of project; and that clarification is requested on Exhibit B and C. Mr. Fentress stated that the base fee was given along with a 5 — 10% premium for the short time frame; that local entities will be sought for landscaping and reimbursable costs; that Turner Construction will be doing the estimating, that there is a little concern, due to the fact that the architect is responsible if the budget runs 10 percent over; that language in the contract can be changed to reflect construction manager; that the 60 day reference is likewise agreeable; that normally the project is turned over in phases; that the ADA qualifiers are due to the documents not being prescribed documents; that there are guidelines that are generally accepted; that the design will be according to those guidelines, but that a lawsuit down the road could happen; that if consultants are not used, the management fee remains as a list item; that Code review will require a consultant; that the Building Code does not address buildings as large as the proposed; and that the Code consultant typically provides cost savings in a project. Councilmember Oden exited the meeting. Councilmember Mills stated that since ADA requirements will be met, the language in the contract is applied to the unknowns. Councilmember Oden re-entered the meeting. Councilmember Mills stated that during the preliminary phases, schematic design and throughout the working documents, there should be freedom to change materials to stay within the budget; and that it would be understandable once the plans are set that changes to those plans should be reimbursed. Mr. Fentress stated that the architect is contractually bound to provide each phase within the budget. Council Minutes 12-18-02, Page 12 Mayor stated that the architect was asked how long it would take to get ready; that the answer was 12 — 14 months; that the architect was informed that the time frame was too long, resulting in fast track of the project; that each delay of a day costs the City around $30,000 in lost revenue; that the Center does need to be fully opened by Christmas, 2004; that the project is complex and that the firm is being asked to compress 12 months of work into 8. Councilmember Hodges stated the additional costs for fastracking the project are due to initiatives filed; and that the City did have to wait to see if the Utility User Tax would still be in place. Minute Order 7229 as recommended was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, that MO7229 be adopted. 14, ORDINANCE FOR SECOND READING AND ADOPTION (Intro 12-4-02) City Clerk read Title of Ordinance 1621 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-G-A (6) TO PD - 278 FOR THE PROPERTY LOCATED AT 3101 NORTH INDIAN CANYON DRIVE, ZONE R-G-A (6), SECTION 3 after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, that further reading be waived and Ordinance 1621 be adopted. 15. PALM SPRINGS SKATE PARK Recommendation: That the Council approve and adopt the plans, specifications and working details, and authorize advertisement for construction bids for the Palm Springs Skate Park Construction, CP02-23, and the Swim Center, Pool House & Concession Stand Improvements, CP98-21. City Manager reviewed the staff report and added that an ADA compliant restroom, changes to the shade structure and lighting and sprinkler configurations would be included in the specifications and that a recommendation should be back for action within 6 — 8 weeks. Councilmember Mills questioned if the restrooms would be multi-stall. City Manager stated that the facility would be single staffed with a key activation; and that it may be that a design key entry system could be reviewed. Mayor stated that it might be that a buzzer could be activated from the control booth to allow the doors to lock and unlock. Councilmember Mills stated that the canopies being proposed might be pricing the system out; that Bird Air does offer good products, but may be more than what is needed for this project. Council Minutes 12-18-02, Page 13 Minute Orders 7230 and 7231 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried that MO7230 and 7231 be adopted. 16. PARKING LIMITS AND HOURS OF ENFORCEMENT Recommendation: That the Council approve setting parking limits and hours of enforcement in City-owned downtown parking lots and structures. Assistant City Manager reviewed the staff report. Councilmember Hodges questioned whether or not an ultimate plan was in place. City Manager stated that the issue will be addressed incrementally during the budget process; that this particular item is in response to the needs of downtown business owners; that it is important to have the downtown employees park in the new parking structure and free up spaces in the downtown for customers. Councilmember Hodges stated that whenever time periods are set in place, problems are generated. City Manager stated that this request will be for all lots; and will be transparent to 90% of those who use parking downtown. Councilmember Mills stated that each time the system is altered, repercussions occur. Councilmember Oden stated that the timing issue is important; that there are other projects moving forward; that this change at this time may carry a wrong message and that this may not be the time to make these types of changes. City Manager stated that the recommendation is at the request of the downtown businesses. Director of Downtown Development stated that when parking is unrestricted, the downtown becomes employee parking lots; that the City did move to pay for parking, then sent back to unrestricted; that the request for change is directly from the restaurateurs; that the problem comes from shift change; that those that come in the afternoon can stay all night, filling up the spaces for customers; that the top level of the parking structure is committed to the employers of the downtown; that the employees will not buy into the spaces due to being able to use City lots; and that this should resolve the problem. Resolution 20518 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst and carried by the following vote that R20518 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. Council Minutes 12-18-02, Page 14 17, ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Oden requested that the Rancho Mirage Ordinance regarding Mobile Homes be reviewed in comparison to the City's. 18. Treasurer's Investment Report as of October 31, 2002— received and filed. 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