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HomeMy WebLinkAbout3/3/2004 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 10, 2003 A Special Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 10, 2003, at 6:00 p.m., at the Riviera Hotel, Executive Board Room, 1600 N. Indian Canyon Drive, Palm Springs, California, Closed Session preceding at 3:00 p.m, (See separately posted agenda) 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. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with the Ralph M. Brown Act procedures for Special Calls. 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 ON MATTERS LISTED ON AGENDA: None LEGISLATIVE ITEMS 1. COUNCIL PRIORITIES & SIGNIFICANT PROJECTS Recommendation: That the Council discuss and establish priorities and guidelines; and review projects of significance. City Manager stated that there are many projects going on in the City; that this is an opportunity for Council to request information regarding specific projects; that traditionally workshops are held off-site, not filmed or televised; that it is the time for the Council to formulate general ideas and requests to be followed up at future study sessions; that there is a handout, copy attached, of Department Head major issues; and that this is the time for the Council to sets its priorities. Councilmember Pougnet requested an update on the Desert Fashion Plaza and questioned how the City assists the current owner to find and secure tenants. Director of Planning & Zoning reviewed the renovation project and added that the construction project will be long term; that the owner is defining the market and monitoring the progress of the Spa Hotel. Council Minutes 12-10-03, Page 2 Director of Community & Economic Development stated that work is ongoing with the current owner for potential tenants; that the concept plan is a mixed-use project to include residential and retail; that the theater issue needs to be resolved; that the market indicates that the Valley is over saturated with theaters; that the issues was pending due to the Courtyard bankruptcy; that there may be a public subsidy required to obtain theaters; that the courtyard is currently closed and is renovating to 6 screens and stadium seating; that the courtyard will take 15% of the market; that the result is not much left for new theaters; that the residential market in the City is strong; that a premium price is being paid to live in Palm Springs at this time; that there are height restrictions in place up to 60 feet; that the project concept is similar to the project built in Durango, CO; that the museum has been involved in development discussions; that and that a portion of the parking will be leased by the Museum for special events and that currently the Spa Casino leases space for parking. Councilmember Foat questioned what theme would be used for the Plaza; that to just get an anchor tenant is not enough; that a K-Mart is not wanted in that area; that there are other bookstores in town and an anchor bookstore may impede sales for the downtown stores; that most downtown's have a theme and that the DFP could be torn down to build an themed park and added that t-shirt or tennis shoe stores are not acceptable. Director of Planning & Zoning stated that there are a number of ways the Plaza could be developed; that the developer could be asked for the concept; but that the development energy or catalyst does need to be in place. City Manager stated that the Agency is still on the hook for the first assistance at about $5 million and that the questions will be how to get Wessman to do whatever option the Council feels is best. City Attorney stated that it is the economics of a project that will determine what subsidy the City may need to provide; that the theme of Wessman is entertainment; and to create activity to bring people downtown; that outdoor entertainment is the first preference; that theaters are desired; that night activity is the concern; that part of the strategy is to combine the entertainment with residential; that Wessman is holding off due to the market concerning theaters; that if the Spa is successful, then the developer will be able to secure the theaters, if not, a subsidy will have to be provided or more residential will enter the equation; and that the development is hinging on the Tribal Projects being built. Mayor stated that the Courtyard 10 is currently under construction, but should be completed for the opening of the Film Festival. City Manager stated that inspections for that project are being done immediately upon request. Mayor stated that at the last workshop staff was given guidelines on what was the Council's desire for the downtown; that at that time it was determined that the downtown would be entertainment; the uptown would be designed arts and crafts and that it is not clear that the uptown has evolved to what was wanted and that the Downtown Director should be requested to give an update of the areas at an Council Minutes 12-10-03, Page 3 upcoming study session. City Manager stated that the uptown does endorse the lighting program; that Vt Friday does need some additional marketing and that the Share the Legend marketing program is getting underway; that Mr. Wessman could be asked to attend a study session to get an update on what is being considered. Councilmember Mills stated that a Master Plan needs to be determined, particularly concerning the linkage, vehicular and pedestrian from the convention center to the downtown; that the front of the convention center is being moved to facilitate the orientation; that the plans for the pedestrian link on Andreas does need to be obtained from the Tribe; that Main Street does want the issue of closure of Palm Canyon for special events to be addressed; that a report fro Main Street regarding Bike Weekend is requested; that permanent funding sources for the Senior Center and the Boys & Girls Club needs to be determined and set in place; that the annexation of Parc Andreas and Belle Monte should be aggressively pursued; and that the City does need a destination resort; and that should likewise be a priority for the City. Councilmember Foat stated that there is a lack of Community involvement in the City; that a Department of Neighborhood Empowerment should be established; a lobbyist in Sacramento and the establishment of a legislative Committee to track issues should be a priority; that we need some vision on where the city is going and to tell the downtown to what is happening with Tribal Section 14 land; that the Budget Task Force recommendations to cut items in the budget and to increase revenue should be reviewed and the tax advertising issue should also be brought forward. Councilmember McCulloch stated that there is concern over the 2003-04 budget and that there should be a status update on the 2003-04 and 2204-05 budgets; that options from the budget task force should be reviewed; that Mr. Stiles should be contacted to see if the existing members would like to continue or is the task force should be reformed to continue the examination of the budget as a working project. Councilmember Pougnet stated that business development and downtown develop should be a priority; that the homeless issue, senior center funding and affordable housing should also be priorities. City Manager stated that during the docket review for upcoming study sessions, so some of the issues being presented could be added to that list. Mayor stated that a comprehensive downtown parking plan does need to be addressed; that a neighborhood services plan to focus on neighborhood should be established; that some type of non-profit component does need to be set in place to help fund improvements in neighborhood; that the City does need to address some of a neighborhood service plan rather than Code enforcement; that the annexation of Parc Andreas and Belle Monte, BREP, and brining business to the downtown corridors; a teen center, all need to be addressed; that another non-profit should be addressed to work with the City; that goals related to the citizens should be established; that customer satisfaction in dealing with the City is an issue and a championship golf course with a destination resort should be a priority. Council Minutes 12-10-03, Page 4 City Manager stated that there are significant projects coming before the Council; that the transportation issue for Gene Autry and Indian 1-10 exchanges are STIP project; that the progress of those project may be delayed up to 4 years due to funding; that RCTC will be asking if the City would like to switch those project to STP funding rather than STIP; that once moved off the STIP list the projects would start over is the City wished to add them back. City Engineer stated that RCTC will be asking in January, 2004 for support or opposition of the switch; that it is not clear if there will be funding is the projects are switched to STP; but that it is clear that there is no funding for the projects in the STIP budget. Mayor requested an update of the information and alternatives before the next RCTC meeting. City Manager stated that the remodel of the Council Suite is proceeding. City Attorney stated that the item should not be discussed due to possible Brown Act Violations. 2. DEVELOPMENT SERVICES Recommendation: That the Council discuss the Department of Development Services as related to the Departments of Planning, Building, Engineering and Community & Economic Development. Councilmember Mills questioned the recommendation of the Task Force. Assistant City Manager stated that the recommendation was to create an Office of Strategic Manager for the purposes of the General Plan Update, Multi-Habitat Plan and major projects and the day to day operations of the Planning Department be separated with a newly created position. Councilmember Mills stated that while the meetings of the Task Force were attended, the recommendation being stated is not recalled as one that separated the Department in to two separate functions. Councilmember McCulloch stated that the discussion was to hire a Planning Manager to help with the day-to-day operations, but that there was no division recommended. Assistant City Manager stated that the recommendation of separate division came from the Kaplan Report. Councilmember Foat stated that the Kaplan Report was read; that the plans were clearly laid out and that the Task Force Report and the Kaplan Report could be implemented jointly. Assistant City Manager stated that the Planning Manager would be under the Planning Director; that if the Council desires a different direction the recruitment process would need to be taken. Council Minutes 12-10-03, Page 5 Mayor questioned with the additional development would it be more efficient to split the department. Councilmember Mills stated that many options were discussed with the Task Force; that currently in the Planning Department the longest term employee has been with the City 3 years; that in a period of 3 years, it is hard to grasp the City's planning issues; that to bring someone in from the cold and to put them in the Planning Director position would cause major difficulty. Councilmember Foat stated that 3 years is a very short length of time and requested copies the terminated employees exit interviews. Councilmember McCulloch stated that employee come here for the training, then are bid away with higher salaries and that the City cannot compete with the higher salaries. Councilmember Foat stated that the City should not be dependent on one person and that the organization should be based on what is best for the City. Councilmember Mills stated that some positions depend on knowledge and that a person in a leadership position without any history causes the process to suffer. Councilmember Foat stated that the City should not be at the mercy of the employees; that if a decision needs to be made, the decision should not be based on the dependency on one person. Mayor stated that Option 2 hires a separate Planning Director; that the responsibilities would be different than current; that this same discussion has been held on and off for a long time; that studies have been paid for; that recommendations made, but the problem is still not addressed; that the City has hired people for this Department; that those folks have moved their families and then quit the City after three months; that indicates a problem; Option 2 is a win/win situation; that the institutional memory is kept and an additional manager is brought on board to address day to day issues; that sometimes people are afraid of change; but growth occurs through change; that the City needs a new perspective, but does need to retain knowledge and history. Councilmember Pougnet stated that the Kaplan and Development Task Force Reports have dealt with critical issues; that the City cannot be beholden to one individual; and questioned staff recommendation. Councilmember Mills stated there are two staff recommendations; but that the City Manager should be making the decision on organization. Mayor stated that the Council should direct the policy on how the City operates. Councilmember Mills stated that there are two staff recommendations and it is not clear, which one is predominate. Council Minutes 12-10-03, Page 6 City Manager stated that the only reason the issue is before Council is that since being hired 3 '/z years ago, this is a continual problem; that the City is perceived as business unfriendly; that studies have been done; that the past election brought the department to the forefront; that many recommendations have been given, but none implemented due to finances; that the Director of Planning is a lightening rod; that a lot of no's are said with the enforcement of Ordinances; that a lot of enemies are made; that the perception can not be fixed; that it is his recommendation that the department be split; that something needs to be done and as of yet nothing else has worked; that the current director has more than can be handled; that if the Council decides not to split, then with the implementation of E-Gov and other recommendations, the problem may be alleviated; however, something needs to be done to correct the perception. Councilmember Foat stated if advice is being sought, Option 2 is recommended; or the item could come forward for action at the next meeting. Assistant City Manager stated that if Option 2 is desired, the recruitment taking place for the Planning Manager would need to be changed. Councilmember Foat stated that when Option 2 comes forward for approval, the financial obligations should likewise be presented. Councilmember Mills stated that the Council is looking at the most valuable department in the City; that the Task Force appointed to analyses the department was composed of 25 people who actually use the department on a daily basis; that is the Task Force recommendation is ignored there will be problems; and as far as perception goes for business unfriendly, that is an overall perception occurring from the front door on. Mayor questioned the real problem with Planning. Councilmember Mills stated that the department is bogged down; that the Planning Director is bogged down; that getting a planning manager will lighten the load; that if the department is separated, it will still be critical to have one person in charge; that if this the direction the Council is recommending, then a job description for the planning manager should be provided to Council; that if Option 2 is being recommended, then job descriptions of both Directors should be provided along with how information will flow to the Planning Commission and to the Council. Councilmember McCulloch stated that as Chair of the Task Force the experts in the field were listened to; that the Task Force strongly supports Option 1, not Option 2. Mayor stated that this is a policy decision for the future of the City; that Council has confidence that staff will share information with a new Planning Director for the day-to-day operations; and that Option 2 does address the current perception. Council Minutes 12-10-03, Page 7 Councilmember Mills stated that this is a perception issue; that the reality is that the Planning Department has a good track record; that the negative comments are coming from sources that do not get exactly what they want; that to address a perception is not right and that the Council should be addressing issues. Mayor stated that we need to communicate with the consumer; that there has been a reluctance to conduct a survey; that the City has been doing reports for a very long time; that image is important; and that there is a cost to not addressing the perception; that there are three member that have indicated a desire for Option 2. City Manager stated that the item would come forward when the issues of development fees are discussed to cover the cost related to the new positions. 3. COUNCIL MEETING TIMES & PROCEDURES Recommendation: That the Council review regularly scheduled meeting times to determine possible alternatives and review Council procedures. Councilmember McCulloch stated that current meeting times are desired. Councilmember Foat stated that a special Closed Session should be held on a Saturday for the full day. Consensus of Council for City Manager to check Councilmember schedules for a full Closed Session to be schedule on a Friday to allow Department Head information when needed. Councilmember Mills stated if the meetings started earlier the 41h and 5"' study sessions could be eliminated. Council consensus to keep open meetings at 7 p.m. and move Closed Session start to 4 p.m., until new members are caught up with all the issues. 4. FUTURE STUDY SESSION DOCKET Recommendation: That the Council establish priorities for future Study Session agendas Council consensus to rank items for discussion, see attached copy. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 28, 2004 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, January 28, 2004, at 7:00 p.m. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden 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 January 23, 2004, PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Jim Stuart, Palm Springs, expressed support of the Agua Caliente Master Plan of Section 14; and added that there is a concern regarding the payment of TOT for that area; that there should be a TOT levied on the land in Section 14 to also included sales tax; and that there should be some type of agreement worked out for the Tribal lands. Sergio Santos, Coachella Valley Taxi Owner Association; requested the date for the discussion of advertising on taxi cabs and indicated that there has been negative publicity regarding the issue and that the issue does need to be discussed with the Council. APPROVAL OF CONSENT AGENDA: None. Aftab Dada, General Manager of the Hilton, stated that the convention center expansion must be moved ahead; that the weekend business for the hotels remains strong, but Sunday through Thursday is still a struggle; that the large conventions will generate the economy and that the expansion is needed to further Palm Springs. Michael Green, Desert Gay Tourism Guild president, stated that as part of the subcommittee that has assisted in tourism development, a reinvestment is needed for the Tourism department; that occupancy rates are down; that other cities are now targeting the gay tourism market, and that the City must invest in tourism to retain and grow in the market industry. Ed Pollard, Ramada general manager, stated that additional funds do need to be spent on tourism; and that the City and the Tourism department could have a matching fund for advertisement. Ray LaVato, Desert Shadows, stated that the best revenue-producing tool is TOT and that a greater investment must be made in the Tourism department. Council Minutes 01-28-04, Page 2 Dwayne Roarball, Wyndham Hotel, stated that the delays in the expansion of the Convention Center has caused some cancellations of events; that the approval of the expansion must move ahead and recommended approval of issues concerning the expansion. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None. LEGISLATIVE ACTION: 1. CONVENTION CENTER EXPANSION — REVISED PLANS AND SPECIFICATIONS, CP02-27. On January 21, 2004 Council continued this matter to approve revised Plans and Specifications and solicitation of bids for the Convention Center Expansion Project, subject to Planning Commission approval, CP 02-27, City Manager reviewed the staff report and requested approval of the plans and specifications for the expansion and added that the bids for awarding of contracts would come at a later date. Convention Center Administrator stated that the plans and specifications have been revised to maintain the integrity of the drawings, to include stone columns, the weaving of roofline, natural wood ceilings but yet reduce costs; that there are some changes in the exterior architectural plans; that an upgraded stucco product will replace accents for stone; that the bid time line is tight and that the project does need to proceed swiftly to meet opening deadlines. Resolution 20819 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20819 be adopted. 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 FEBRUARY 4, 2004 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 4, 2004, at 5:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag by Boy Scout Troop 262 and an invocation by Dr. Sharon Stroud — Interfaith Ministries Worldwide. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Proclamation -African-American AIDS Awareness Week HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Frank Wenzel, member of the PSEDC stated that the reorganization of the Planning Department was recommended by the PSEDC; that there are members of the Council that are mistaken in what was supported by the PSEDC and that it is recommended that the strategic planning be separated from the day to day planning operations. Shirley Bush, representing Sunrise Norte resale restrictions requested that the Council consider that when this item is reviewed that there are more than resale restrictions at stake for the residents. John Sanborn, stated that the Council does need to consider a smooth transition between the planning functions; that the planners in place are not quite up to speed as of yet and that the task force findings should be implemented. John Stiles, PSEDC stated that the report by the PSEDC dated April 23, 2003 is legitimate; that the council; that he City Manager has made recommendations that should be approved and that it is urged that the Council support the recommendation. APPROVAL OF CONSENT AGENDA: It was moved by Foat, seconded by Pougnet and unanimously carried, that Items 1 thru 5, excluding 3, be adopted. Council Minutes 02-04-04, Page 2 Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes December 3, 17 and January 7, 15 & 21, 2004. 2. SEE EXTENDED CONSENT AGENDA 3. Res 20820 approving a Resolution of Convience & Necessity to allow Desert Discount Wine, Spirits & Gifts, a proposed new liquor store, to sell alcohol located at 611 South Palm Canyon Drive, Suite 1. Zone PD-77 (C-2) Section 22. 4. MO 7436 approving Plans and Specifications and solicitation of bids for the remodel of the General Aviation Processing Facility U S Customs and Border Protection at the Palm Springs International Airport. CP 2004-02. 5. MO 7437 approving Plans and Specifications and solicitation of bids for Calle Amigos Street Improvement Project. CP 03-13. 6. MO 7438 approving Amendment 1 to A4732 with Architectural Resources Group Inc for a Citywide Historic Resources Survey for $7,040. 7. MO 7439 approving contract with South Coast Air Quality Management District (AQMD) for AB2766 Funds for implementing air pollution reduction projects for $44,529.00. A4825. 8. Res 20821, 20822 and 20823 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 994033 Animal Medical Hospital Business Related Mills 994034 Animal Medical Hospital Business Related EXTENDED CONSENT AGENDA 2. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT Recommendation: That the Council approve Change Order 1 to A4686 with Steiny and Company for the Sunrise Way Traffic Signal Interconnect Project for a decrease of$27,187.20. CP 01-14. City Engineer reviewed the staff report and added that the even with the restocking fee for some items, those items will result in a savings of$7,000. Minute Order 7440 was recommended; after which, it was moved by Mills, seconded by Foat, and unanimously carried, that M07440 be adopted. Council Minutes 02-04-04, Page 3 PUBLIC HEARINGS: 9. CASE 5.0870 - STREET NAME CHANGE — FROM MESQUITE AVENUE TO DINAH SHORE DRIVE, EAST OF GENE AUTRY TRAIL TO THE CITY LIMITS Recommendation: That the City Council approve a street name change from Mesquite Avenue to Dinah Shore Drive between Gene Autry Trail and the Dinah Shore Bridge. Case 5.0870 Applicant: Ernest G. Noia 110 Notices Mailed. Director of Planning and Zoning reviewed the staff report and added that the applicant had indicated that an upgraded sign would be submitted for consideration at a later date. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20824 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20824 be adopted. 10. CASE 5.0421 - PD185 - DESERT REGIONAL MEDICAL CENTER — 388 MEL AVENUE Councilmember Mills declared Conflict of Interest as architect for the project and exited the Chamber. Recommendation: That the City Council approve a proposed minor amendment to Planned Development District 185, Desert Regional Medical Center Master Plan, for an expansion in lieu of zone change, for Master Plan Expansion and parking lot improvements located at 388 Mel Avenue between Indian Canyon Drive and Via Miraleste, Zones PD-185 and R-3, Section 11. Applicant: Desert Regional Medical Center. 230 Notices Mailed. Director of Planning and Zoning reviewed the staff report. Mayor declared the Hearing open. Richard Clifford, stated that the HOA has one concern of traffic; and requested that one side of the street be designated no parking and that a traffic signal be installed to assist with ingress and egress. Vincent Dundee, resident stated that there is some concern with lighting; and requested that the Planning Commission recommendation be approved. Mike Fontana, representing Desert Regional Medical Center stated that the land will be for employee parking; that the project was designed with the neighbors in mind; that the most desirable spaces to park are the furthest away from residences; that the lighting was modified and will be discussed with the neighbors before going for further review by the Planning Commission; that the landscape is beefed up to use more mature plants and trees; and that the crosswalks will be lit, but not in a way to disturb the neighbors. There being no further appearances, the Hearing was closed. Council Minutes 02-04-04, Page 4 Director of Planning & Zoning stated that the Planning Commission did review the lighting fixtures; that the Planning Commission did request the applicant review the fixtures with all parties involved before final acceptance by the planning commission. City Engineer stated that alternatives for crosswalk lighting were being reviewed to include in pavement crosswalk lighting. Resolution 20825 as recommended was presented; after which, it was moved by McCulloch, seconded by Pougnet and unanimously carried, Mills absent, that R20825 be adopted. Councilmember Mills reentered the Chamber. 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. CALIFORNIA IRRIGATION MANAGEMENT INFORMATION SYSTEM WEATHER STATION (CIMIS) Recommendation: That the Council approve a joint agreement with Desert Water Agency and the University of California Cooperative Extension for a CIMIS Weather Station located at the Wastewater Treatment Plant for a lease payment of$1.00 per year. A4826. Director of Public Works/City Engineer reviewed the staff report. Resolution 20826 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20826 be adopted. 12. 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REPROGRAMMING AND CONSOLIDATED ANNUAL PLAN AMENDMENT Recommendation: That the Council approve reprogramming and allocating of $352,253 in CDBG Program Income; and authorize filing of the Consolidated Plan Annual Update. Director of Community & Economic Development reviewed the staff report and added that HUD had not yet replied whether administrative costs could be reprogrammed. Resolution 20827 as revised to delete $51,177 listed under Reprogrammed Allocation was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, that R20827 as revised be adopted. Council Minutes 02-04-04, Page 5 13. MUNICIPAL CODE AMENDMENT— PARKS AND RECREATION AREAS PROHIBITED CONDUCT Recommendation: That the City Council amend the Palm Springs Municipal Code Section 11.44.060 to expand the prohibition on bathing, swimming and conducting personal hygiene to include all fountains located within the City. City Manager withdrew the item. 14. MUNICIPAL CODE AMENDMENT — REGULATION OF BICYCLES, SKATEBOARDS, SCOOTERS, ROLLER SKATES, COASTERS, TOY VEHICLES, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, AND SIMILAR DEVICES Recommendation: That the City Council amend the Palm Springs Municipal Code Section, Title 12, Chapter 04, to allow for comprehensive regulation of the use of skateboards, roller skates, scooters and electric personal assistive mobile devices within the City. Councilmember Foat expressed concerning for prohibiting the use of alternative fuel devices in the downtown. Motion to waive the text of Ordinance and read Title was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried that reading of Ordinance text be waived. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALFORNIA, AMENDING TITLE 12 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING CHAPTER 12.04, PERTAINING TO THE DEFINITIONS OF SKATEBORADS, ROLLER SKATES, SCOOTERS, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES AND SIMILAR DEVICES AND BY REPEALING VARIOUS OTHER SECTIONS CONSISTENT THEREWITH after which, it was moved by Mills, seconded by McCulloch and carried by the following vote, that the Ordinance be introduced for first reading. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat 15. MUNICIPAL CODE AMENDMENT— IMPACT MITIGATION FEES ORDINANCE FOR SECOND READING & ADOPTION (Intro 1/21/04) Motion to waive the text of Ordinance and read Title was presented; after which, it was moved by McCulloch, seconded by Pougnet and unanimously carried that reading of Ordinance text be waived. City Clerk read Title of Ordinance 1642 as follows: Council Minutes 02-04-04, Page 6 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH FAIRFIELD RESORTS, INC TO FACILITATE THE COLLECITON BY THE CITY OF PALM SPRINGS OF A FINANCEIAL IMPACT MITIGATION FEE FOR THE STAR CANYON RESORT ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE BETWEEN SUNNY DUNES AND MESQUITE AVENUE, ZONE PD-260, SECTIONS 22 AND 23 after which, it was moved by McCulloch, seconded by Pougnet and carried by the following vote, that Ordinance 1643 be adopted. AYES: Members McCulloch, Pougnet and Mayor Oden NO: Member Foat and Mills. 16. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 8 - DEVELOPMENT SERVICES AND AIRPORT Recommendation: That the Council approve Amendment 8 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of employees to Development Services (Building, Engineering and Planning) and changing the Title of the Executive Director- Airports to Director of Aviation. City Manager reviewed the staff report and resolution as recommended. Councilmember McCulloch stated that each task force meeting of the PSEDC was attended as Chairman of the task force; that no other member of the task force was in full attendance; that Mr. Wenzel did speak of the PSEDC report regarding the creation of the Planning Manager position and a gradual shift of planning activities; that this issue was discussed in great detail at many meetings; that the final recommendation of the Task Force was clear that a Planning Manager should be hired with a gradual shift in day to day operations to that position; that certain other measures to speed processing should be set in place; that the fees for services the City is experiencing right now is at an all time high and will fall back to a normal rate; that costs for personnel will go up; that there is a difference in pay between another Department Head and a Manager being hired; that E-Gov is on the horizon of being purchased; that it is being suggested that all these costs will be covered in the proposed increased fees, but that even with the increase of fees, if activity drops, so will the revenue; that the organizational chart included does not tie with the PSEDC report; that the chart is not from the PSEDC, but most likely a City staff recommendation. Councilmember Mills stated that the PSEDC report does recommend a gradual shift of duties from the Director of Planning to the Planning Manager; that as a local architect, business has been conducted with the City of Palm springs for the past 30 years; that the perception of "business unfriendly" typically comes from those who do get what they want; that Palm Springs is a highly regulated City; that the City has high quality to protect its identity; that enforcement is used to protect development and the City's residents; that when high standards are in place there will be some unhappy people; that the recommendation is a reaction to a perception, not a reality; that the realities should be dealt with; that the average length of employment in the Planning Department is 10 months; that a better product will not be produced with that level of tenure without experienced Council Minutes 02-04-04, Page 7 leadership[; that five of the eleven staff members will be new hires; that there is a huge workload at this time; that the department is overworked; that there are budget issues; that when the proposed fees were presented the revenue estimate was $385,000 with $355,000 cost for increased services; that now the proposed revenue has gone up to $484,000 and does not include the engineering field technician or the planning technician; that the development process applies to more than Planning; that the other departments have impacts also; that the City is facing a budget crisis; that currently we are trying to work with what we have and to increase the General Fund; that support is given to shoring up personnel where we need it; that the PSEDC Task Force recommended a gradual shifting of day to day operations to a Planning Manager, not a divided strategic and operations into two departments; that the City needs to give the best service it can with an overlap to allow for an eventual separation level; that this issue is one of timing; that the divided departments will work, but that the time is not now; that it is important to listen to the recommendation of the Task Force; that the Task Force was formed with those who use the Planning process; that with the establishment of a comprehensive monitoring process, such as the proposed E-Gov, the tracking of projects will be available on line to those interested; that the uniguen3ess of this City is because of what past Council's have created; that this uniqueness is why people want to come here; and that this decision is one that will affect the present and the future. Mayor stated the issue is not a new one; that the perception of the Community is one, whether reality or not, must be dealt with; that it is the goal of the City Council to see that the City functions as best as it can; that the ultimate survey was taken during the election; that now the Council must make a decision; that even with the separation of the departments, but perception of being business unfriendly will not end, but this is a beginning of change that shows the Community the Council is responding; that if the action is not taken now, when should it be taken; that the City Manger is recommending the change; that the proposed fees will cover the changes and that the Council does need to be dealing with the perception. City Manager stated that in addition a recommendation at a cost of$20 — 25,000 would be coming to the Council to hire a professional recruiter for the newly created position of Director of Planning. Councilmember McCulloch stated the process should start in house before using a recruiter and that there should be an awareness of fiscal creep. City Manager in response to question by Council stated that the function of government is small steps; that this situation needs a greater step; that in order to monitor the situation for success, surveys and round tables will be implemented. Resolution 20828 as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that R20828 be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. Council Minutes 02-04-04, Page 8 17. 2004 MISS TEEN PAGEANT Recommendation: That the Council consider sponsorship request by the Wyndham Hotel for the 2004 Miss Teen Pageant. City Manager reviewed the recommendation. Motion to direct staff to amend the budget for $75,000 from fund balance at 2/18/04 meeting, after which; it was moved by Foat, seconded by Mills and unanimously carried, that the Motion be adopted. 18. ADDITIONAL LEGISLATIVE ITEMS: TIBURON SETTLEMENT AGREEMENT Recommendation: That the Council approve a settlement agreement with Tiburon Incorporation. A4827. City Manager recommended approval of the settlement agreement. Minute Order 7441 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7441 be adopted. ADDED STARTERS: REPORTS & REQUESTS: CITY COUNCIL reports or requests 19, Treasurer's Investment Report as of December 31, 2003— Rec'd & Filed. 20. Comprehensive Annual Financial Report for Fiscal Year 02-03 — Rec'd & Filed. Copy previously provided to Council by Finance Mayor Oden requested a report regarding the process for designation of street name changes and the naming of City facilities. Councilmember Pougnet requested a summary of number of Senior Housing units including rates in the City; and an update on the homeless issue. Councilmember Foat requested the creation of a subcommittee for legislation tracking be placed on a future agenda. Councilmember Mills requested a report on who is doing special events for the City to include who one goes to, where and the process; requested staff to pursue clean up of the medians on Vista Chino and Sunrise; and requested that the dais desk in the Chamber be repaired. Council Minutes 02-04-04, Page 9 PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 18, 2004 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 18, 2004, 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 Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Matt Kaump, Spiritual Enrichment Center REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 13, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: Harold Matzner, no address given, requested approval of item 1 and added that in addition there will be a personal pledge of$25,000. Shirley Bush, Palm Springs, requested intervention of the Council regarding resale restrictions form Sunrise Norte and added that calls have been made to the Director of Community & Economic Development and the City Manager, but no answers have been forth coming. Sergio Santos, requested revisions to the agreement regarding item 2 and submitted the recommendations to the City Manager. Copy on file in Office of the City Clerk. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by McCulloch and unanimously carried, that Items 1 thru 9, excluding 1, 2, 4 and 6, be adopted. Review by City Manager of Consent Items to be clarified. 1. SEE EXTENDED Council Agenda 02-18-04, Page 2 2. MO ----- approving a one-year lease agreement with Coachella Valley Taxi Owners Association in the amount of $281.41 per month at the Palm Springs International Airport. A---- WITHDRAWN 3. MO 7442 approving the National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation agreement with Riverside County Flood Control and Water Conservation District, County of Riverside, Coachella Valley Water District and the cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert and Rancho Mirage. A 4829 4. SEE EXTENDED AGENDA 5. MO 7443 approving settlement agreement, copy on file in the Office of the City Clerk, with Mary Lanca concerning an injury. A4830. 6. Res ----- concurring with CRA A. WITHDRAWN 7. MO 7444 approving Amendment 2, with Fentress Bradburn Architects Ltd, for the Convention Center Expansion Project Phase II design services, increase $119,889. A4615. 8. MO 7445 approving one year license agreement with Palm Springs Power for use of Palm Springs Stadium, in the amount of$175 per home game. A4831. 9. Res 20829 and 20830 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 994371 Animal Medical Hospital Business Related EXTENDED CONSENT AGENDA: 1. MISS TEEN USA PAGEANT 2003-04 FISCAL YEAR BUDGET Recommendation: That the Council approve a budget amendment in the amount of $75,000 for fiscal year 2003-04 to provide funding for the site fee for the Miss Teen USA pageant. City Manager recommended approval of the recommendation. Resolution 20831 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20831 be adopted. Council Agenda 02-18-04, Page 3 4. RUBBERIZED ASPHALT GRANT SB 1346 Recommendation: That the Council authorize the Director of Public Works and Engineering to submit application with California Integrated Waste Management Board for SB 1346 Rubberized Asphalt Concrete Grant Program funding. Director of Public Works/City Engineer reviewed the staff report. Resolution 20832 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that R20832 be adopted. PUBLIC HEARINGS: Councilmember Mills declared Conflict of Interest due to being the project architect and exited the Chamber. Councilmember McCulloch declared Conflict of Interest due to children's attendance at Desert Chapel Christian School and exited the Chamber. 10. CASE 5.935 — PD 59 — DESERT CHAPEL— 630 SOUTH SUNRISE WAY Recommendation: That the Council approve revisions to the Desert Chapel Master Plan, Case No. 5.935 — Planned Development District 59 including the addition of classrooms, nursery, new administrative building and new special events area; and establish regulations regarding special events, including night football games; subject to conditions of approval for property located on 10.16 acres, 630 South Sunrise Way, Zone PD 59, Section 24. Applicant: Desert Chapel. 210 Notices mailed. Director of Planning & Zoning reviewed the staff report. Mayor declared the Hearing open. The following persons spoke in opposition to the project. Diane Ross, representing Deepwell residents Tim Hohmeier, Palm Springs Charles Diodosio, Palm Springs Peter Intravartolo, Palm Springs Steve Rossel, Palm Springs Judy Fraley, Palm Springs Karleen Grummett, Palm Springs Roger Grummett, Palm Springs Arthur MacMillan, Palm Springs Barbara MCKenna, Palm Springs Roxy Lee for Elkie Jost, Palm Springs Fred Luevano, Palm Springs Matilda Jones, Palm Springs Ruthie Frazee, Palm Springs Council Agenda 02-18-04, Page 4 The following persons spoke in favor of the project. Don Schroeder, Palm Springs Don Parshall, Palm Springs Marsha Dowler, Palm Springs Jim Dowler, Palm Springs Gary Skinner, Palm Springs Sean Wood, Palm Springs Ted Jones, Palm Springs Stan Henry, Cathedral City Joy Ellingtom, Palm Springs Bryan Tuggle, Palm Springs Randall Guy, representing Ramon Mobile Home Park Ken Huskey, Palm Springs Michael Kaiser, Palm Springs Jeanne Dremel, Palm Springs Barbara Beaty, Cathedral City Chaz Branham, Palm Springs Shane Nicholas, Palm Springs Blaze Rovney, Cathedral City Bobette Roschert, Cathedral City Rhonda Goodman, Palm Springs Colleen Swank, Palm Springs Ralph Thornton Palm Springs Michael Lindley, Rancho Mirage The following persons were available for questions regarding the project. Ralph Raya, MRC Associates regarding lighting of the project Joan Martin, not impacted, available for recommendations There being no further appearances, the Hearing was closed. Mayor stated that this item was originally heard in January, 2004; that direction was given for the concerned parties to meet and come to compromise; that some items do need further review; but that a compromise is a give and take; that Desert Chapel has asked for the opportunity to prove it can be a good neighbor and follow the conditions of approval recommended by the Planning Commission; and that it should be given the chance. Motion to approve the recommendation was presented by Mayor Oden and died due to a lack of second. Councilmember Foat stated that the recommendation is for the concern to be reviewed in July, 2004; that there are no events up to that time that would be reviewed; that if the facilities were separated from the special events portion, the item could be voted on separately; that a compromise would be to move the special events indoors and move the football games to some other field; and that approval of the item as recommended will set a precedent in the City. Council Agenda 02-18-04, Page 5 Councilmember Pougnet questioned if an investigation of alternative sites had been done and if other teams in the league play at alternative times and added that there is a concern regarding statements made by members of the Planning Commission; that the issue is about lights and noise and that compliance must be monitored by the City Manager with reports to the City Council. Mayor stated that at some point Desert Chapel will outgrow its present site for recreational activities and that staff may want to work closer on finding alternative sites; that as a compromise, each game could be monitored to ensure compliance with the Conditions of Approval and that if the Conditions are violated, the permit with be revoked. Resolution 20833 as recommended was presented; after which, it was moved by Oden, seconded by Pougnet and carried by the following vote, that R20833 be adopted. AYES: Member Pougnet and Mayor Oden NO: Member Foat ABSENT: Members Mills and McCulloch. 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. Note: The following items were adjourned to February 20, 2003. See Minutes of same date. LEGISLATIVE ACTION: 11. MUNICIPAL CODE AMENDMENT— PARKS AND RECREATION AREAS PROHIBITED CONDUCT Recommendation: That the Council amend the Palm Springs Municipal Code Section 11.44.060 to expand the prohibition on bathing, swimming and conducting personal hygiene to include all fountains located within the City. a) Memorandum of Chief of Police b) If desired, Ord ----for intro and first reading. Adj to 2-20-04. 12. ORDINANCE FOR SECOND READING & ADOPTION (Intro 2-4-04) MUNICIPAL CODE AMENDMENT — REGULATION OF BICYCLES, SKATEBOARDS, SCOOTERS, ROLLER SKATES, COASTERS, TOY VEHICLES, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, AND SIMILAR DEVICES a) If desired, Ord ----for adoption. Adj to 2-20-04. Council Agenda 02-18-04, Page 6 13. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 9 - POLICE DEPARTMENT 2003-04 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve Amendment 9 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of two police officers; and amend the budget in the amount of$200,000 thereto. a) Memorandum of Chief of Police b) If desired, Res as recommended c) If desired, Res amending budget. Adj to 2-20-04. 14. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 10 - PARKS AND RECREATION Recommendation: That the Council approve Amendment 10 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of three recreation attendants. a) Memorandum of Director of Department of Parks and Recreation b) If desired, Res ----- as recommended. Adj to 2-20-04. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirement; materials provided at meeting). 15. STATE PROPOSITION 57—THE ECONOMIC RECOVERY BOND ACT Recommendation: That the Council support State Proposition 57, the Economic Recovery Bond Act, to be voted on in the March 2, 2004 election. Materials to be provided. a) Comments by City Manager. b) If desired, Res ----- as recommended. Adj to 2-20-04. 16. STATE PROPOSITION 58 —THE CALIFORNIA BALANCED BUDGET ACT Recommendation: That the Council support State Proposition 58, the California Balanced Budget Act, to be voted on in the March 2, 2004 election. Materials to be provided. a) Comments by City Manager. b) If desired, Res ----- as recommended. Adj to 2-20-04. Council Agenda 02-18-04, Page 7 17. PROPOSED STATE PROPOSITION — THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT Recommendation: That the Council support proposed proposition ensuring voter control over local tax dollars for public health, safety and other essential local services. Materials to be provided. a) Comments by City Manager. b) If desired, Res ----- as recommended. Adj to 2-20-04. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 20, 2004 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Large Conference Room, 3200 Tahquitz Canyon Way, on Friday, February 20, 2004, at 8:00 a.m. ROLL CALL: Present: Councilmembers McCulloch, Mills, Pougnet and Mayor Oden Absent: Councilmember Foat 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 Brown Act Procedures for Adjourned Meetings on February 19, 2004, Councilmember Foat entered the Meeting at this time. PUBLIC COMMENTS: None. LEGISLATIVE ACTION: 1. MUNICIPAL CODE AMENDMENT— PARKS AND RECREATION AREAS PROHIBITED CONDUCT Recommendation: That the Council amend the Palm Springs Municipal Code Section 11.44.060 to expand the prohibition on bathing, swimming and conducting personal hygiene to include all fountains located within the City. Chief of Police reviewed the staff report. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 11.44.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PROHIBITED CONDUCT IN PARKS AND RECREATION AREAS after which; it was moved by Mills, seconded by McCulloch and unanimously carried that further reading be waived and the Ordinance be introduced for first reading. Council Minutes 02-20-04, Page 2 2. ORDINANCE FOR SECOND READING &ADOPTION (Intro 2-4-04) MUNICIPAL CODE AMENDMENT — REGULATION OF BICYCLES, SKATEBOARDS, SCOOTERS, ROLLER SKATES, COASTERS, TOY VEHICLES, ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, AND SIMILAR DEVICES Councilmember Foat stated that support could not be given to the Ordinance and that the regulation will discourage people from using the downtown with non- gasoline vehicles. Motion to waive text and read Title of Ordinance 1644 was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried that reading of text be waived. City Clerk read Title of Ordinance 1644 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 12 OF THE PALM SPRINGS MUNCIPAL CODE BY AMENDING CHAPTER 12.04, PERTAINING TO THE DEFINITION OF SKATEBOARDS, ROLLER SKATES, SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILE DEVICES, BY ADDING CHAPTER 12.090 TITLED REGULATION OF BICYCLES, SKATEBOARDS, ROLLER SKATES, SCOOTERS, ELECTIC PERSONAL ASSISTIVE MOBILE DEVICES AND SIMILAR DEVICES AND BY REPEALING VARIOUS OTHER SECTIONS CONSISTENT THEREWITH after which, it was moved by Mills, seconded by McCulloch and carried by the following vote, that Ordinance 1644 be adopted. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat. 3. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 9 - POLICE DEPARTMENT 2003-04 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve Amendment 9 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of two police officers; and amend the budget in the amount of$200,000. City Manager reviewed the staff report and added staffing at the Department is current; that the schedule for these officers will be flexible; and that the police officers do have jurisdiction over Tribal Land. In answer to questions by Council, Police Chief stated that there is an overall rise in crime for the City; that the funds being used are designated gaming funds and must be used in the mitigation of gaming. Councilmember McCulloch requested a plan for anticipated revenue and recommended expenditures. Council Minutes 02-20-04, Page 3 Resolution 20834 and 20835as recommended were presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R20834 and 20835 be adopted. 4. 2003-04 ALLOCATED POSITIONS & COMPENSATION PLAN AMENDMENT 10 - PARKS AND RECREATION Recommendation: That the Council approve Amendment 10 to the 2003-04 Allocated Positions and Compensation Plan regarding the addition of three recreation attendants. City Manager reviewed the staff report and in answer to questions by Council added that the positions will be 1/4 time resulting in less benefits for the employees and that the hours of employment will be driven by need. Councilmember McCulloch requested a cost analysis on revenue and expenditures. Resolution 20836 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20836 be adopted 5. STATE PROPOSITION 57—THE ECONOMIC RECOVERY BOND ACT Recommendation: That the Council support State Proposition 57, the Economic Recovery Bond Act, to be voted on in the March 2, 2004 election. Assistant City Manager reviewed the recommendation. Resolution 20837 as recommended was presented; after which, it was moved by McCulloch, seconded by Mills and unanimously carried, that R20837 be adopted. 6. STATE PROPOSITION 58 —THE CALIFORNIA BALANCED BUDGET ACT Recommendation: That the Council support State Proposition 58, the California Balanced Budget Act, to be voted on in the March 2, 2004 election. Assistant City Manager reviewed the recommendation. Resolution 20838 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20838 be adopted. Council Minutes 02-20-04, Page 4 7. PROPOSED STATE PROPOSITION — THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT Recommendation: That the Council support proposed proposition ensuring voter control over local tax dollars for public health, safety and other essential local services. Assistant City Manager reviewed the staff report. Resolution 20839 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20839 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: None CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk