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HomeMy WebLinkAbout2/4/2004 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 3, 2003 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, December 3, 2003, 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 Father Andrew M. 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 26, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business APPOINTMENT OF MAYOR PRO TEM Councilmember Mills appointed as Mayor pro tem. Convene as the City Council and as the Community Redevelopment Agency CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF MINUTES: None JOINT PUBLIC HEARING: A) SUNRISE HACIENDA PARTNERS/HACIENDA SUNSET APARTMENTS- AMENDMENT1 Recommendation: That the Agency/Council approve Restated and Amended Disposition and Development Agreement A448C to amend the terms of Agency assistance of $1,000,000 in land write downs and financial funds to conform to the requirement of the State Multifamily Housing Program and changing the project and partnership name. Director of Community& Economic Development reviewed the staff report. Council Minutes 12-03-03, Page 2 Chairman/Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 1234 as recommended (Agency) was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R1234 be adopted. Resolution 20792 as recommended (Council) was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20792 be adopted. Adjourn as Community Redevelopment Agency; continue as City Council. CITY COUNCIL PUBLIC COMMENTS: Nancy Stuart, Tramway Board, extended best wishes to the new Council and reviewed upcoming events scheduled at the Tram. Sergio Santos, Coachella Valley Taxi Association, welcomed the new members of the Council and requested a future study session be scheduled regarding taxi advertising. Robin Burns, representing the taxi industry, requested a future study session be scheduled regarding taxi advertising. Susan Wasserman, Cathedral City, requested reconsideration regarding the payment of an annual fee for non-residents using the Skate Park; and added that the daily fee would be too high for most parents. Peter Bickler, Piranhas Swim Team, stated that Palm Springs has one of the nicest facilities; that there are a few repairs that do need to be addressed; but that the Olympic size pool is one of the finest in which meets are held. Bill Lee, Piranhas Swim Team, distributed a newsletter for Council review regarding the latest swim meet held in the City and added that there were 758 swimmers at the meet. Tony Britton, Palm Springs, distributed a brochure regarding the Palm Springs Community Concert schedule. Mathew Talala, no address given, stated that the Council needs to address creativity to gain more shopping in the downtown; that during the week business is fairly slow; that some of the decrease is due to the construction of the expansion of the Convention Center; and that it is recommended the Members of the Council request assistance from the Community to work on issues. Jason Loya, Palm Springs Fire Department, reviewed involvement of the Palm Springs Fire Association in Community events and added that the lines of communication are open. Council Minutes 12-03-03, Page 3 APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried that items 2 though 4 be adopted. Review by City Manager of Consent Items to be clarified. 1. SEE EXTENDED CONSENT AGENDA 2. MO 7412 rejecting the submitted bids for the Residential Sound Insulation Program, Phase IV, City Project 2003-10, from Great West Contractors, Inc., Jim Webber & Associates, Inc., and T&M Construction and authorize soliciting new bids from the above named pre-qualified contractors for this project. Mills abstain due to business related. 3. MO 7413 authorizing the sale and purchase of City property furniture to William G. Kleindienst in the amount of$9,099.62. 4. Res 20793 and 20794 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 992951 Sweitzer Construction Business related 992756-58 Animal Medical Hospital Business related EXTENDED CONSENT AGENDA: 1. PALM SPRINGS INTERNATIONAL AIRPORT—TAXI INSURANCE Recommendation: That the Council approve an insurance requirement adjustment for taxicab operators to operate under approve regulations at the Palm Springs International Airport to lower general liability from $750,000 to $300,000 as mandated and regulated by Sunline Transit Agency. Executive Director—Airports reviewed the staff report. Minute Order 7414 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that MO7414 be adopted. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Council Minutes 12-03-03, Page 4 LEGISLATIVE ACTION: 5. MUNICIPAL CODE AMENDMENT— UNIFORM BUILDING CODES Recommendation: That the Council amend the Palm Springs Municipal Code, Section 8.04.015(9) of Title 8 modifying conditions requiring preparation of a grading plan. Director of Public Works/City Engineer reviewed the staff report; and added that the grading should not affect PM10 issues and that residential remodels or additions would only require the owner's certification. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE TO ELIMINATE ITEM (9) REGARDING GRADING PLAN EXEMPTED WORK. after which, it was moved by Mills, seconded by Foat and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. 6. CONVENTION CENTER MANAGEMENT Recommendation: That the Council approve an agreement with SMG for management services at the Palm Springs Convention Center. A4806. City Manager reviewed the staff report and added that should the management company meet the guidelines related to the bonus, the contract does include language that the employees will gain a portion of that bonus; that the contract does include language that Savory Catering will be used at the Convention Center for catering purposes; and that the contract was negotiated with the help of a council subcommittee. Minute Order 7415 as recommended was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried, that MO7415 be adopted. 7. EMERGENCY DISPATCH CENTER Recommendation: That the Council approve the co-operative purchase from Corporate Express for adjustable workstations/consoles for the Police Dispatch Center, funded by the State of California 9-1-1 Emergency Communications Office for$40,142.26. City Manager reviewed the staff report. Minute Order 7416 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that MO7416 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None Council Minutes 12-03-03, Page 5 REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor Oden requested update on the status of the Council suite; and added that the language on Sonora Road signage regarding "hump" needs clarification. Councilmember Mills requested a report from Main Street regarding Bike Weekend. Councilmember Pougnet requested that the catastrophic insurance issue be reconsidered; requested that the marketing plan for the downtown area be scheduled for an upcoming Study Session; and requested a copy of the Irwin Kaplan report on Development Services be provided to Councilmembers. Councilmember Foat recognized that December 1s`was World AIDS day. 8. COUNCIL APPOINTEES/LIAISONS Recommendation: That the Council review and appoint member/alternates as voting members for various Agencies as attached. Motion to appoint Mayor Oden to Coachella Valley Association of Governments - Executive Committee, Palm Springs Desert Resorts Convention and Visitors Authority, Sunline Transit Agency and Riverside County Transportation Commission was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried that the Motion be adopted. It was further moved by Foat, seconded by Pougnet and unanimously carried that the rest of the appointments be continued to December 17, 2003. 9. HUMAN RIGHTS COMMISSION appointment-1- Term ending 06-30-04. 10. COACHELLA VALLEY MOSQUITO & VECTOR CONTROL appointment — 1 Term ending 12-31-06. Councilmember Foat directed that a report be given regarding the vision statement, goals and mission for each Board and Commission. Motion to continue Items 9 and 10 was presented; after which, it was moved by Foat, seconded by Mills and unanimously carried that both items be continued to December 17, 2003. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the Meeting adjourned at 8:45 p.m. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 17, 2003 A Special Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Small Conference Room, 3200 Tahquitz Canyon Way, on Wednesday, December 17, 2003, at 4:00 p.m. for the purpose of conducting interviews regarding an appointment to the Coachella Valley Mosquito & Vector Control, followed by Closed Session. (See separately posted agenda): 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 provisions for Special Call Meetings. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY - No Business PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: None LEGISLATIVE ITEMS 1. COACHELLA VALLEY MOSQUITO &VECTOR CONTROL - Interviews Members of the City Council interviewed Leslie Pricer and Christine Hammond regarding the appointment process and each applicant reviewed personal background and qualifications. Motion to appoint Christine Hammond was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that the Motion be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Member McCulloch and Mills. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 17, 2003 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, December 17, 2003, 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 Darren Erb — Palm Springs Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 12, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PRESENTATIONS: FAA Airport Safety Award Police Department Commendations & Medal of Valor Awards 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: John Stiles, PSEDC, stated that the Development Task Force is moving forward to review various codes of the City; that the quarterly report was previously forwarded to the Council and that there will be a joint meeting held between the Council and the PSEDV on January 15, 2004 at 7:30 a.m., at the Spa Hotel to discuss future activities. Rick Post, representing College of the Desert, stated that support from the City is requested regarding Measure B on the upcoming ballot for additional funding resources for the College. David Reed, interior designer, stated that there are no offices in City Hall for the Council members; that the item under consideration on this agenda can be modified with alternatives in the construction and requested approval for the modifications to the Offices. Ken Turner, Palm Springs, stated that meetings had been held with the Huddle Springs Project developer; that most of the issues have been addressed; that those meetings were pleasant and that the proposed project is good for the neighborhood. Council Minutes 12-17-03, Page 2 Marna Van Horn, Desert Hot Springs, stated that most flood plane projects are under the jurisdiction of the Riverside County Flood Control District; that the wash areas must be cleaned out and cleared of sand, gravel and debris and that from time to time contractors are hired to complete the dredging work. Gurney Miller, Palm Springs, stated that there seems to have been excessive removal of the Palm Canyon Wash area; that surrounding homes are getting dust and have experienced heavy traffic; that a coalition is being formed in the Araby area to preserve the neighborhood and that G & M Construction should not be given permits to continue with the wash area removal. Lynn Caterdine, Palm Springs, stated that the area street has become a hauler zone; that the wash is being cleaned out and the refuse is trucked down the residential street; that the project should be under the jurisdiction of the Corp of Engineer; that the City should be able to control the project under the usage of the street; that calls have been made to the City, but no assistance has been given; that the wash must be maintained, but that the neighborhood should not be destroyed during the process. Dr. Michael Moret, Palm Springs, stated that 1 1/2 years ago G & M Construction started dredging the wash; that information was given that G & M had a multi-year contract with the County and that the City had no control over the issue; that in fact, no permits were issued, no contracts were entered into; and that lies were told to the residents of the City; that the fill dirt was stolen; that the Corp of Engineers estimate that the value of dirt hauled away is approximately $12.8 million and that all that the City fined the contractor was $100.00. Ross Jesser, Palm Springs, stated that business as usual will no longer be stood for by the residents; that the wash needs to be made safe and the streets repaired; that the situation should be evaluated so that this does not happen again; and that G & M Construction licenses should be reviewed and revoked; that Mr. Marantz should be investigated and brought before the citizens to address this issue and that the Council needs to see that the citizens are protected. Thomas Van Etten, Palm Springs, read a prepared statement on file in Office of the City Clerk, and added that in the past a proposed "listening session" offer was reprimanded by former member Reller-Spurgin and the current Mayor; that e-mails have been sent by Member Foat proposing the same type of listening sessions; that this should not be done without equitable notification to all citizens so that they are made aware of decisions being made on their behalf. John Wessman, no address given, stated that the dirt in the wash areas must be removed periodically to prevent flooding; that in 1965, 1969, and 1979, the City experienced major flooding; that the bridge in this area had water covering it and roads were closed; that the dirt in the wash is an ongoing maintenance problem for Riverside County Flood Control District; but that the work in the wash should be done legally and with the proper permits. Council Minutes 12-17-03, Page 3 APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried, that items 1 though 10, excluding 1, 3 and 4 be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes December 3, 2003. Withdrawn. 2. MO 7417 approving Amendment 1 to A4606 with Jeffrey A. Fowler for an extended exhibition period ending June 30, 2004 for the Chairman of the Links located at the Welwood Murray Library; and authorizing payment of $892.97 for liability insurance. 3. MO ----- approving settlement agreement, copy on file in Office of the City Clerk, with Michael Calhoun concerning an October 5, 2001 injury. A-----. Withdrawn. 4. SEE EXTENDED CONSENT AGENDA. 5. MO 7418 approving an agreement with California Department of Justice for the testing of suspected illegal drugs for a per screening and analysis cost, no expiration term. A4767. 6. Res 20795 approving Parcel Map 30143 for Hacker Engineering to subdivide property located southwest of Interstate 10 and Gene Autry Trail, Section 25, T3S, R4E. A4811. Applicants: Norman & Niki Sirota, Cecil Jones, Margaret Bacon Jones, Esther Walker, Palm Alpha, LTD, Douglas Jones and Terrance Anne Brickey Jones. 7. MO 7419 approving a purchase order with Riverside County's Department of Technology to upgrade an existing computer transmission connection line for the Police Department's "Live Scan" fingerprint computer system for $2,000 and an increase of$440.00 per month for use and maintenance of the connection line. 8. MO 7420 approving a purchase from Johnson Power Systems for caterpillar engine repair parts for a period of one year, July 1, 2003 through June 30, 2004 for $100,000. 9. Res 20796 requesting the Riverside County Board of Supervisors to approve Palm Springs as a designated early voting site for upcoming 2004 elections. 10. Res 20797 and 20798 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 993085 Animal Medical Hospital Business related Council Minutes 12-17-03, Page 4 EXTENDED CONSENT AGENDA: 4. GENE AUTRY SHELL STATION —4875 E. Ramon Road Recommendation: That the Council approve a Resolution of Convenience & Necessity in order to sell beer and wine at Gene Autry Shell Station located at 4875 E. Ramon Road. M-1 zone, Section 19. Applicant: Diab Ahmad Hussein. Councilmember Mills stated that when a Conditional Use Permit is approved and the public hearing held, this action should be a part of that process. Motion to deny the resolution and request the Planning Commission to review the matter as an amended Conditional Use Permit was presented; after which, it was moved by Mills and failed due to a lack of second. Resolution 20799 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote, that R20799 be adopted. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NO: Member Mills. PUBLIC HEARINGS: 11. CASE 10.445 — PALM SPRINGS MALL— FURST COMMERCIAL APPEAL 2365 E. TAHQUITZ CANYON WAY Mayor Oden declared Conflict of Interest due to association in similar field with vocational schools and exited the Chamber. Recommendation: That the Council consider the decision of the Planning Commission to deny the determination to approve business schools as similar to offices (all types except contractors) in the Community Shopping Center (C-S-C) zone. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor pro tem declared the Hearing open. Michael Furst, Palm Springs Mall, requested approval of the item and added that the Mall has experienced vacancy problems in the past; that this item has been in the process since September; that Millers Outpost does want to be released from the lease and that this will add a tremendous amount of foot traffic to the mall. There being no further appearances, the Hearing was closed. Council Minutes 12-17-03, Page 5 Director of Planning & Zoning in answer to questions by Council, stated that Millers lease is set to expire in June of 2004; that the other tenants of the Mall had been contacted and are in favor of the approval in that foot traffic would be increased; that Planning staff did recommend the use; that the Planning Commission was seeking a policy decision regarding the use; that the Mall will continue to be challenged until the population increases; that staff determined that the school would fill the gap .in the interim; that overall the Planning Commission was not opposed to the school use, but did want policy determination of the Council; that staff could be instructed to review the CUP process for this type of zone to consider the use by right of zone. Resolution 20800 overruling the Planning Commission decision and directing staff to develop a zoning amendment to consider schools in the CSC zone was presented; after which, it was moved by Foat, seconded by McCulloch and carried by the following vote that R20800 be adopted. AYES: Members Foat, McCulloch and Pougnet NO: Member Mills ABSENT: Mayor Oden. Mayor Oden reentered the Chamber at this time. 12. CASE 5.0956, 5.0965, AND 5.0977 — GENERAL PLAN CIRCULATION ELEMENT AMENDMENTS Recommendation: That the Council approve an Amendment to the General Plan Circulation Map for (a) Case 5.0956 — Huddle Springs Development to reclassify Mesquite Avenue between South Palm Canyon Drive and Random Road from a secondary thoroughfare to a collector street; (b) Case 5.0965 — City of Palm Springs to reclassify Mesquite Avenue between El Cielo Road and Vella Road from a secondary thoroughfare to a special collector street and clarify General Plan Policy 7.1.5 regarding Special Street program and add a new General Plan Policy 7.1.5.A titled Mesquite Avenue Special Street Program; and (c) Case 5,0977 — Wessman Development Company to reclassify Cahuilla Road between Tahquitz Canyon Way and Ramon Road from a collector street to a local street. Notices Mailed 770. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber; and added that with the change in street status and right-of-ways, some property boundaries would change. Mayor declared the Hearing open. John Hildner, Palm Springs, stated that support should be given to downgrade the street status and should likewise consider Mesquite Avenue in the same manner. Richard Goleigh, Palm Springs, stated that the project is long overdue; that traffic is unbearable; that homes are decreasing in value and requested approval of the project. Council Minutes 12-17-03, Page 6 There being no further appearances, the Hearing was closed. Resolution 20801 as recommended was recommended after which; it was moved by Pougnet, seconded by Mills and unanimously carried, that R20801 be adopted. 13. CASE 5.0956 — PD 285 —TTM 31413 - HUDDLE SPRINGS DEVELOPMENT Recommendation: That the Council order the filing of a Mitigated Negative Declaration and approve Planned Development District 285; Tentative Tract Map 31413 for a mixed-use development consisting of 48 residential condominiums, 10 live/work lofts, 25,759 square feet of retail/food space, 9786 square feet of office space and a 8000 square foot restaurant, located on approximately 11 acres bounded by Tahquitz Creek Channel to the north, Random Road to the east, Mesquite Avenue to the south and South Palm Canyon Drive to the west. Zone CA Section 23. Notices Mailed 98. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Paul Kriplin, Palm Springs, stated that public parking is needed west of entrance on Mesquite; and requested Council consideration of same. Linda Kearney, Palm Springs, stated that the neighbors had worked with the developer on the project; that it would be appreciated if the concerns on moving the driveway 10 feet to the west, a better wall be built and that gating and shrubbery be upgraded be considered as conditions of the project. John Hillgner, expressed support of the project; that the neighborhood impact is low; that further study for a traffic light on the Palm Canyon entrance would be appreciated; and that there is parking spaces available west of the entrance on Mesquite. Ken Turner, no address given, expressed support for the project. James Cioffi, project architect, stated that the project was given unanimous neighborhood support. There being no further appearances, the Hearing was closed. In answer to questions by Council, Director of Planning & Zoning stated that the new traffic signals would be synchronized; that the concerns of the neighbors were addressed in the conditions of approval and that the project will bring more of the downtown feel to South Palm Canyon. Resolution 20802 as recommended was presented; after which, it was moved by Mills seconded by Pougnet and unanimously carried, that R20802 be adopted. Council Minutes 12-17-03, Page 7 14. CASE 5.0977— PD 288 —TTM 31887—JOHN W ESSMAN Recommendation: That the Council order the filing of a Mitigated Negative Declaration and approve Planned Development District 288; Tentative Tract Map 31887 to construct 38 condominium units for property located at 284 S. Cahuilla Road. Zone R-2 and R-3, Section 15. Notices Mailed 116. Director of Planning & Zoning reviewed the staff report and site plans on display in the Chamber. Mayor declared the Hearing open. John Wessman, developer, stated that the project will be an exciting urban infill; that the architecture will be post modern and Spanish revival and requested approval of the project as recommended. There being no further appearances, the Hearing was closed. In answer to questions by Council Director of Planning & Zoning stated that the height of the present building is higher than what is proposed; that decorative pavers will be installed along Cahuilla; and that meetings were held with the surrounding neighbors. Resolution 20803 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20803 be adopted. 15. RIGHT-OF-WAY VACATION — NORTH SUNRISE WAY Recommendation: That the Council approve the vacation of a portion of the right-of-way dedicated for the pubic street named North Sunrise Way. T3S, R4E, Section 36. File R-03-042. City Manager reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20804 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that 20804 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. Council Minutes 12-17-03, Page 8 LEGISLATIVE ACTION: 16. EARTHQUAKE/FLOOD INSURANCE RENEWALS On December 3, 2003, Council directed that this matter be reconsidered regarding earthquake and flood insurance premium renewals, effective November 21, 2003. Assistant City Manager reviewed the staff report. Councilmember Pougnet stated that the odds are not great for a catastrophic event, but that the citizens did not get the City in its budget deficit; that it is uncomfortable to put the City at risk; and that the Council should be concerned with the safety and security of its citizens. Resolution 20805 as revised, to increase 3rd level to $50 million, increasing the total cost to $103,125 was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote that R20805 be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. 17. COUNCIL SUITE REMODEL Recommendation: That the Council consider the purchase of furniture and remodel of the Mayor and Council suite area in the amount of$81,400. Assistant City Manager reviewed the staff report; and added that the remodel had been revised and the cost was reduced to $40,000; that all valley cities provide its members with offices; that the proposal is for two offices and a secretary area; that the $40,000 includes all soft costs including demolition of walls and additional costs for computer lines and the like; and that the plans were drawn by an interior decorator. Councilmember Foat expressed strong support for the project citing that funds were available in the unallocated budget; that at the present time there is not a place to meet with citizens; that in fact, the City of West Hollywood allocates $40,000 to each Councilmember to hire an assistant; that there is a desire to meet with College of the Desert to institute an interim program; and that there does need to be an ability for a Member of the City Council to meet with the citizens outside of their private residence. Councilmember McCulloch stated that as presented the issue is balancing the need to communicate with the citizens versus the budget deficit and added that there is not unallocated surplus in the budget. Council Minutes 12-17-03, Page 9 Councilmember Mills stated that he has spent the last 30 years in the architectural field; that the existing space and its conditions are familiar; that the desired space could be accomplished without moving walls; that there is only two members of the Council that have expressed an interest in using the space; that the Council is reviewing the numbers of the budget and is examining the idea of cutting 40-50 employees; that there are other ways to handle getting the space that is wanted by the members and that this is not the correct way. Mayor stated that this is City Hall; that people come here to conduct business; that an appropriate area should be provided to Councilmembers in the place of business; that most cities do provide same for its members and that the situation is not uncommon, Councilmember Mills requested a copy of the cost accounting being recommended. Assistant City Manager stated a full presentation would be presented to the Council. Motion approving the remodel for up to $40,000 for two Council offices and one Mayor office, with plans to be reviewed by Council was presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that the Motion be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. 18. INDIAN AVENUE - GENE AUTRY- 1-10 INTERCHANGE FUNDING Recommendation: That the Council consider funding sources for the Indian Avenue - 1-10 and Gene Autry - 1-10 Interchange Projects. Materials to be provided. Director of Public Works/City Engineer reviewed the staff report. Minute Order 7421 to switch the grant application to Federal STP funds was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that MO7421 be adopted. Motion to continue the meeting past 11:00 p.m., was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that the Motion be approved. 19. MUNICIPAL CODE AMENDMENT— GRADING (Intro 12-3-03) City Clerk read Title of Ordinance 1641 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE TO ELIMINATE ITEM (9) REGARDING GRADING PLAN EXEMPTED WORK Council Minutes 12-17-03, Page 10 after which, it was moved by Foat, seconded by Mills and unanimously carried, that further reading be waived and Ordinance 1641 be adopted. 20. AIRPORT USE AND LEASE AGREEMENT STANDARD FORM Recommendation: That the Council approve a new ten (10) year standard Airport Use and Lease Agreement form for use with the airlines. City Manager withdrew the item. 21. FINAL MAP 30054 Recommendation: That the Council approve Final Map 30054 for Hunsaker and Associates Irvine, Inc representing K. Hovnanian's Four Seasons at Palm Springs LLC to subdivide property located at 3600 N. Sunrise Way, Section 36 T3S, R4E. A4812. Director of Public Works/City Engineer reviewed the staff report. Resolution 20806 as recommended was presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that R20806 be adopted. 22. CONVENTION CENTER EXPANSION — PHASE 2 Recommendation: That the Council approve Amendment 2 to A4577 with Turner Construction Company for construction management services on the expansion of the Convention Center to extend the term to September 30, 2005. Total contract $2,159,304.84. A4577. Executive Director—Airports reviewed the staff report. Minute Order 7422 as recommended was presented; after which, it was moved by McCulloch, seconded by Mills and unanimously carried, that MO7422 be adopted. 23. PALM SPRINGS INTERNATIONAL AIRPORT — TRANSPORATION SECURITY ADMINISTRATION Recommendation: That the Council rescind A4736 and approve an agreement with the Transportation Security Administration (TSA) for flexible law enforcement officer services located at the Palm Springs International Airport. A4813. Executive Director—Airports reviewed the staff report. Minute Order 7423 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, that MO7423 be adopted. Council Minutes 12-17-03, Page 11 24. PALM SPRINGS INTERNATIONAL AIRPORT — RESIDENTIAL SOUND INSULATION PROGRAM Recommendation: That the Council approve an agreement with for the Residential Sound Insulation Program (RSIP) Phase IV in the amount of$ subject to FAA approval. CP03-29, CP2003-10. A-----. Materials to be provided at meeting. City Manager withdrew the item. 25. COACHELLA VALLEY FRINGE-TOED LIZARD - MOU Recommendation: That the Council approve Amendment 2 to A4366 with Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Rancho Mirage, County of Riverside, Coachella Valley Association of Governments, California Department of Fish and Game, U.S. Fish and Wildlife Service, and Center for Natural Lands Management regarding measures to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard. Director of Planning & Zoning reviewed the staff report. Minute Order 7424 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7424 be adopted. 26. COGENERATION WASTEWATER TREATMENT PLANT Recommendation: That the Council authorize with Southern California Edison (SCE) the termination of the Interconnection and Power Purchase Agreement A2018 for the cogeneration project at the Wastewater Treatment Plant. Director of Public Works/City Engineer reviewed the staff report. Minute Order 7425 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that MO7425 be adopted. 27. PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL COUNTER Recommendation: That the Council approve Amendment 1 to A4405 for tenant improvements for a terminal counter promotional space and to offer a rent reduction to Marriott Vacation Corporation International for $12,000 for the next three years of the lease to offset the tenant's development cost. A4405. Executive Director—Airports reviewed the staff report. Minute Order 7426 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that MO7426 be adopted. Council Minutes 12-17-03, Page 12 28. CITY INVESTMENT POLICY Recommendation: That the Council approve the City's Investment Policy. Director of Finance & Treasurer reviewed the staff report. Resolution 20807 as recommended was presented; after which, it was moved by McCulloch, seconded by Mills and unanimously carried, that R20807 be adopted. 29. STUDY SESSION DOCKET Recommendation: That the Council consider and direct staff as to the priority for study session agendas. City Manager withdrew the item for rescheduling on January 14, 2004 Study Session. 30. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Mills requested that the statement "Please turn off all cell phones and electronic equipment" be placed on the blue agendas; that Chamber of Commerce brochures be placed at the Business License counter; that a report is requested on the Sunrise/Vista Chino Medians regarding landscape maintenance and quality; that the Engineering Department inspect the median at west end of Ramon at the Ralph's shopping center complex; that all meetings with legislative items be held at City Hall; and that a detailed staff report regarding the Planning Department, including which options staff is recommending with reference to the comments by the Development Task Force and the Kaplan report is requested. Councilmember Foat requested a report on the Taxi Advertising issue; that staff schedule a study session regarding a possible Admissions Tax; that public hearings to discuss the City's impact from vehicle license fee takeaway should be held, and requested a report on how programming on Channel 17 is determined. 31. FISCAL YEAR 2002-03 DEVELOPMENT PROJECT FEE REPORT - received for filing. 32. Treasurer's Investment Report as of October 31, 2003. Received and filed. 33. COUNCIL APPOINTEES/LIAISONS On December 3, 2003 Council directed this item be continued to this date to review and appoint member/alternates as voting members for various Agencies as attached. Members/alternates appointed as per attached sheet. Council Minutes 12-17-03, Page 13 34. HUMAN RIGHTS COMMISSION appointment (1) Term ending 06-30-04. Council motion to re-calendar. 35. COACHELLA VALLEY MOSQUITO & VECTOR CONTROL appointment (1) Term ending 12-31-05. Christine Hammond appointed; McCulloch and Mills No. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk COUNCIL APPOINTEES/LIAISONS - CONFIRMATION The following are on-going entities, at which the member/alternate is a voting member. Agency Sub-group Meeting Time Designee/alternate EXTERNAL COMMITTEES CVAG Exec. Committee Last Mon, 6:00 p.m. Oden/Mills CVAG Energy& Envir. 2nd Thu, Noon Pougnet/Mills CVAG Human & Comm Resource 4th Wed, Noon Foat CVAG Transportation 2nd Mon, Noon Oden/Mills CVAG Public Safety 2nd Mon, 10:00 a.m. McCulloch/Foat CVAG CV Multi Species Habitat Mgmt as needed Mills/Oden PSDRCVA Exec. Board 3rd Tues, 9:00 a.m. PD City Hall Oden/Mills Sunline Incl. Sunline Sery Group 4th Wed, 11-3 incl sub-comm &SSG Oden CV Mountain Consery Bd City Liaison 2nd Mon, 3:00 p.m. CVAG Building Mills/Foat Pacific Housing Finance (PHFA) Assoc Board Member on-call Pougnet/Oden RCTC City Rep 4th Mon, Riverside 12:00 noon Oden/Foat Riverside Community Action Comm Liaison 3rd Thur, 6:30 p.m. Pougnet/Oden/Cook INTERNAL COMMITTEES PS Recycle 3rd Tues, 6:00 p.m. McCulloch/Oden City Finance Committee on-call Oden/McCulloch Chamber of Commerce Liaison Board 3rd Thur, 7:30 a.m. McCulloch/Mills Breakfast 2nd Wed, 7:00 a.m. Main Street Liaison 1st Thur, 7:30 a.m. Downtown Dev Oden/Mills WWTP Sub Comm Oden/Pougnet PSUSD Sub Comm Oden/Foat Visitor Center Sub Comm Oden/Mills Special Event Sub Comm Oden/Foat SDC, LLC (Tahquitz Creek Hotel) Sub Comm Mills/McCulloch SMG Sub Comm Oden/Pougnet Convention Center Sub Comm Oden/Mills Cathedral City ISub Comm Oden/Mills Riverside County Gaming Comm Sub Comm Oden Legal Services Sub Comm Oden/Foat *CVAG Meetings are in Palm Desert CVAG Office. Sunline meets at its office. revised 1/27/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 7, 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, January 7, 2004, at 4:00 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 Reverend James G. Griffes — Palm Springs Presbyterian Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 2, 2004, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Susan Wasserman, Cathedral City, requested a review of Skate Park fees relating to non-residents, and added that both sons are skateboarders; that in November the Council approved an annual membership fee for residents, but daily fees for non- residents; that students in the Palm Springs Unified School District are excluded from membership if they are not also a resident; that daily fees thus far has been $55 for her sons to use the Skate Park; that it is recommended that an annual membership fee for non-residents be approved and requested that the Council direct the City Manager to review the fees for nonresidents and report back. Jon Shoenberger, Palm Springs, referred to a letter sent regarding the Planning Department reorganization; and added that the matter is scheduled to come up in two weeks; that others have written concerning the issue and more letters are being written; that personal contact has been made with all planning commissioners past and present, excluding one; that all are in agreement with his letter written to the Council; that it is important for the opinions of those who have given countless hours of community service to be considered; that the Council should also consider the opinions of those that have been and are currently involved in using the planning process and that it is recommended that no reorganization is done in the Planning Department. Council Minutes 01-07-04, Page 2 Dr. Morel, Palm Springs, stated that at the December 17, 2003 meeting, public comments were given concerning the transgressions of G & M construction; that there were other comments regarding the maintenance of the wash that were not from a surrounding resident view; that Mr. Wessman likewise spoke; that both comments were trying to influence the Council and turn the focus away from Mr. Marantz; that personal calls had been made to Building & Safety for answers for over a year; that the Department consistently states that G & M Construction had a multi-contract with the County; that the information is not true and that those that said that are also guilty of lies and transgressions; that questions must be answered; that the nature of actions taken are criminal; and that the perpetrators must be discovered and held accountable. Ron Jesser, Palm Springs, stated that an Araby resident meeting will be held January 15th at 5:30 p.m. at City Hall; that the residents have been told a report would be given at the meeting concerning the issues; that the report should be provided in advance if possible; that the South Ridge Cove development will also be discussed at that meeting; and that the Araby residents feel, due to George Marantz's unscrupulous conduct, that his wife, Diane Marantz, should be asked to resign as a Planning Commissioner. Keith McCormick, Exotic Car Auctions, expressed the desire to continue the use of the parking structure for auction events until convention center contracts are final; and that it is requested that the Council assist the promoter with the Convention Center bookings. Tom Suitt, Palm Springs, expressed congratulations to the new members; and added that meetings were held two weeks ago regarding a major Fortune 500 Company that wants to relocate in Palm Springs; that the meetings conducted were most professional; that the Council has a unique opportunity to step back and review City operates; that there is now the unity to change the unfriendly reputation of the City; and that if the council works together the City of Palm Springs will be known as progressive, rather than business unfriendly. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by McCulloch and unanimously carried, that Items 1 thru 5, excluding 3, be adopted. Review by City Manager of Consent Items to be clarified. 1. Res 20808 supporting and endorsing the College of the Desert's Bond issue, Measure B, for the March 2, 2004 consolidated election. 2. Res 20809 approving Final Map 28966, subject to final technical review and approval by the City Engineer, for Sanborn A/E representing Preserve Golf Company to subdivide property located at 555 N. Via Monte Vista. Section 10. R4E, T4S. A4814. 3. SEE EXTENDED CONSENT AGENDA 4. MO 7427 approving Change Order 2 to A4741 with B E McMurray Construction Inc for the Palm Springs International Airport Transportation Security Administration Baggage Area Project for $60,824.85. Total contract $537,830.85. CP2003-07. A4741. Council Minutes 01-07-04, Page 3 5. Res 20810 and 20811 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Nature of Conflict Mills 993406 Animal Med Hosp Business related EXTENDED CONSENT AGENDA: Mayor declared Conflict of Interest due to proximity of residence and exited the Chamber. 3. RACQUET CLUB ROAD AND AVENIDA CABALLAROS TRAFFIC SIGNAL Recommendation: That the Council approve a contract with DBX Inc for the Racquet Club Road and Avenida Caballeros Traffic Signal Installation Project for $119,009. CP2002-17, A4815. Minute Order 7428 as recommended was presented; after which, it was moved by Pougnet, seconded by McCulloch and unanimously carried, Oden absent, that MO7428 be adopted. Mayor reentered the Chamber. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 6. KEITH MC CORMICK'S PALM SPRINGS EXOTIC CAR AUCTION Recommendation: That the Council approve a License Agreement and a Release and Waiver of Rights with Keith McCormick for use of the entire downtown parking structure for a Collector Car Show and Auction on February 28 and 29, 2004 for$5,000. A4816, 4817. Director of Downtown Development reviewed the staff report, and added that employees that typically park in the structure, are requested by their employers to park in alternative locations. Minute Order 7429 and 7430 as recommended were presented; after which, it was moved by Mills, seconded by Foat and unanimously carried, that MO7429 and 7430 be adopted. Council Minutes 01-07-04, Page 4 7. MUNICIPAL CODE AMENDMENT—AUCTION SALES Recommendation: That the Council amend the Palm Springs Municipal Code relating to auction sales at City Facilities and assign permit approval to the Director of Planning & Zoning. Director of Planning & Zoning reviewed the staff report and added that the Ordinance be revised to include non-enclosed structures. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 5.04, TO ALLOW AUCTION SALES AT CITY-OWNED FACILITIES SUBJECT TO LAND USE PERMIT APPROVAL BY THE DIRECTOR OF PLANNING & ZONING after which, it was moved by Mills, seconded by Foat, and unanimously carried, that further reading be waived and the Ordinance as revised be introduced. 8. SURPLUS CITY PROPERTY—AARF FIRE ENGINE Recommendation: That the Council approve the direct sale of surplus City property of an Oshkosh P-19 ARFF Fire Apparatus to the Department of the Army, United States Army Forces Central Command — Kuwait (ARGENT-KU) in the amount of $85,000. City Manager reviewed the staff report and added that this type of process has been used in the past. Resolution 20812 as recommended was presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R20812 be adopted. 9. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 10. Treasurer's Investment Report as of November 30, 2003 — Rec'd & Filed. Councilmember Foat requested that the issue of Commission appointments and composition be scheduled for next Study Session; and that a review of the Study Session Docket to set an all-day Study Session also be scheduled. Councilmember Mills requested a review of election signage reform; and a report on current hiring policies, both in replacement and new hires. Council Minutes 01-07-04, Page 5 CITY COUNCIL reports or requests (Cont) Councilmember Pougnet requested a report on senior affordable housing to include the number of units available and the average rent payment. 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 JANUARY 15, 2004 A Special 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 Thursday, January 15, 2004, at 5:30 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 12, 2004. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business Mayor Oden stated that Public Comments would be held after the presentation by staff on the issues concerning the Palm Canyon Wash. DISCUSSION ITEMS: 1. PALM CANYON WASH Recommendation: That a discussion be held regarding an update and status of the area commonly known as the Palm Canyon Wash in the Araby Cove area. City Attorney reviewed a Memorandum dated January 15, 2004, copy on file in Office of the City Clerk. Councilmember Pougnet exited the meeting at 6:15 p.m. City Engineer review site plans on display in the Chamber. Riverside County Flood Control District Engineer stated that the City Attorney did review the status of the issue completely; that there does seem to be some miscommunication regarding the matter; that the Riverside County Flood Control District only has jurisdiction over land that it owns; that the goal is to restore the wash to a safe condition; that the situation can be turned around and that the recommendation will be made to the Board of Supervisors to support the restoration process in a timely manner. Council Mintues 01-15-04, Page 2 PUBLIC COMMENTS ON MATTERS LISTED ON AGENDA: (3-minute per person) Arthur Block, read a prepared letter from Mr. Marantz, and added that the oral presentation by the City Attorney is concurred by Mr. Marantz; that it should be clear that oral agreement to perform the project was given by the County, Army Corp of Engineer and the City to remove the dirt without written permits; that Mr. Marantz is willing to reimburse the County for any corrective action needed to restore the Wash to a safe condition; and that an opportunity to speak with Dr. Moret would be appreciated, but as of yet not achieved. The following persons spoke against the action taken regarding the Palm Canyon Wash, due to traffic, noise, lack of permits and destruction of roadways. Nancy Guiterriz, Palm Springs Ron Jessor, Palm Springs Dr. Moret, Palm Springs Lynn Calerdine, Palm Springs Dale Blunt, Palm Springs Dr. Ken Garret, Palm Springs Steve Grasha, Palm Springs Rom Monahan, Palm Springs Karen Weiss, Palm Springs Rick Opler, Palm Springs In answer to questions by Council, City Attorney stated that Mr. Marantz did indicate that he thought the property in question was a part of the Riverside County Flood Control easement, but that the property owner was given courtesy notice by G & M Construction, but that it was in fact the wrong property owner; that the Engineering Department will reassess Barona Road for discrepancies in the status of the roadway. In answer to questions by Council, Riverside County Flood Control Engineer stated that permits are needed to work in the Wash; but that what was done was the removal of piles of debris; that the piles of debris are a concern of all parties, including Fish and Game due to the possible impact on the Casey June Beetle; that permits for the removal of the piles is not required through the Army Corps of Engineers; that the work performed was purely excavation; that the EPA is not involved in the work unless the Army Corps of Engineers does issue permits; that the final work needed could be done shortly; but that the stream bed does need to be restored back to a safe condition and that the work will take about six months; that many ongoing operations are permitted through a sand mining operation; that an encroachment permit is issued and inspections done; that the payment to the contractor is the fill dirt removed. Council Mintues 01-15-04, Page 3 In answer to questions by Council, City Attorney clarified that the wife of the contractor is a Planning Commissioner; that there have been accusations concerning conflict of interests involving prior members of the City Council and the Planning Commissioner; that it is not unusual for a City Official to have a conflict of interest and that the Fair Political Practice Commission ruling is that the affected Official must abstain from any action that results in a financial benefit; but that in this case, the issue did not come before either the Planning Commission or the City Council; that there are an array of issues from trucks going through the City without the proper permits to the political side of the situation; that the City Attorneys involved only dealt with the actual facts and a fact finding investigation; that it does appear some Ordinances were violated; that infractions of the law were committed; that some issues were referred to the District Attorney for review; that the referral to the District Attorney is not uncommon, that many code violations are referred to the District Attorney; that the City does have prosecution authority; that Mr. Marantz's attorney was advised that given the facts in respect to the infractions, the decision to proceed will rest with the City Attorney; that direction in that matter is not being sought through the Council; that there will be additional investigation to determine if something should be filed; that at this point the City is seeking appropriate relief regarding the issue; that Mr. Block, Mr. Marantz's attorney, did indicate that Mr. Marantz is willing to cover the repair costs, but that there is no settlement agreement in place as of yet and that the entire issue must be reviewed from a legal point to be sure of the full ramifications. Mayor stated most things happen for a reason; that it is a fact that Mr. Marantz has helped the City in the past when others would not; that there was some work that was done in the Wash that was not permitted, but that Mr. Marantz stands ready to pay for corrective action; that there were unfortunate remarks made that Mr. Marantz was accused of; that Mr. Marantz did apologize for those remarks; that there are some times when things are done or said that one is not proud of; that for himself, the apology by Mr. Marantz is accepted; that his willingness to pay for the corrective costs is accepted; that the blame of the entire situation does rest and should be shared by all parties involved; that it is time for the allegations to stop and for the Community to be responded to in a timely manner; that a final report will be followed up by the City Attorney and that it is time to move ahead and be the best we all can be. ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 21, 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, January 21, 2004, at 4:00 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, and an invocation by Rev. Richard Drasen — Palm Springs Church Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 16, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: a) Appreciation of Service— Leslie S. Pricer b) Citizen Medals of Valor— Dianne Rupp, Gary Okert, and Sergio Barron c) Citizen Commendations — Robert Padilla and Frank T. Burgess d) Swearing in new officers—Officers Pedro Nanez, Gil Fernandez, and Chris Duthaler HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Annie Dugger, representing Alcoholics Anonymous, requested a rental reduction for use of the Council Chamber. Alex Yaron, representing Citizens for Local Government Control, stated that the proposed Convention Center expansion is being revised due to enhancement of the Spa Casino project; that the City should not go in further debt to help an entity that does not support the City; that a fair share agreement is needed between the Tribe and the City of Palm Springs and added that the Tribe did file an initiative with the State that would amend the State Constitution. Charles Goodballet, Jim Weber Associates, stated that regarding item 6 the lowest bid was not awarded the contract; that the Council is being asked to uphold rejecting of that bid due to noncompliance; that in fact, the bid was in compliance with state law and that as the low bidder, the contract should be awarded according to state statute. Lucia Moran, reported on a community clean up in the Desert Highland area including 54 volunteers on January 10, 2004. Council Minutes 01-21-04, Page 2 Susan Wasserman, Cathedral City, requested Council review of the Skate Park fees for nonresidents. APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by Pougnet and unanimously carried, that Items 1 thru 8, excluding 2 and 6, be adopted. Review by City Manager of Consent Items to be clarified. 1. MO 7431 approving contract with Schmidt Services, LLC for soil sterilization services at the Palm Springs International Airport for $26,200. A4818. 2. Res ------ approving revised Plans and Specifications and solicitation of bids for the Convention Center Expansion Project, subject to Planning Commission approval, CP 02-27. Cont'd to 1/28/04. 3. MO 7432 approving Plans and Specifications and solicitation of bids for 2003/2004 Annual Slurry Seal, CP 03-15. 4. MO 7433 approving settlement agreement, copy on file in the Office of the City Clerk, with Ramy Hormoz and Nejat Kohan concerning multiple code violations at the Spanish Inn Hotel, located at 640 Indian Canyon. A4819. 5. MO 7434 approving settlement agreement, copy on file in the Office of the City Clerk, with the Sierra Club / Center for Biological Diversity and Palm Springs Investment Company regarding the Palm Springs Classic Project, PD231, Case 5.0666 for 460 acres of property located on Vista Chino and Gene Autry Trail, east of the Palm Springs International Airport. A4820. 6. SEE EXTENDED CONSENT AGENDA 7. MO 7435 approving a lease with Signature Flight Support Corporation for Fixed Base Operator services at the Palm Springs International Airport for $18,809.84 per month and rescinding A684 and A3742. A4821. 8. Res 20813 and 20814 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 993840 C Kell-Smith & Assoc Business related Councilmember Mills declared Conflict of Interest due to client of business and exited the Chamber. Council Minutes 01-21-04, Page 3 EXTENDED CONSENT AGENDA: 6. AIRPORT RESIDENTIAL SOUND INSULATION PROGRAM — PHASE IV Recommendation: That the Council approve a contract with Great West Contractors, Inc for the Airport Residential Sound Insulation Program (RSIP) Phase IV and upholding the bid protest filed, contract amount $1,554,000. Subject to FAA approval, AIP3-29, CP 03-10. A4822. Director of Procurement & Contracting reviewed the staff report. Resolution 20815 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and unanimously carried, Mills absent, that R20815 be adopted. Councilmember Mills reentered the Chamber. PUBLIC HEARINGS: Councilmember Mills declared Conflict of Interest due to business client relationship and exited the Chamber. Councilmember McCulloch declared appearance of Conflict of Interest due to children's attendance at the applicant's school and exited the Chamber. 9. 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 and submitted revised Conditions of Approval, copy on file in Office of the City Clerk. Mayor declared the Hearing open. The following persons spoke in support of the project: Ken Huskey, Palm Springs Gary Skinner, Palm Springs High School Coach Frank Marshall, Administrator, Desert Chapel Christian School Dr. John Stephens, Teacher, Desert Chapel Christian School Barbara Beaty, Teacher, Desert Chapel Christian School Amanda Scott, Student Desert Chapel Christian School Chelsea Abercrombie, Student Desert Chapel Christian School Tracy Welsh, Teacher, Desert Chapel Christian School Russell White, Athletic Director, Desert Chapel Christian School Council Minutes 01-21-04, Page 4 Janie Abercrombie, High School Secretary Jeanne Dremel, Palm Springs Sean Wood, Palm Springs Mike Leeman, no address given Missy Donaldson, ABS Director, Desert Chapel Christian School The following persons spoke in opposition to the project: Ruthie Frazee, no address given Arthur MacMillan, Palm Springs Chuck Diodosio, Palm Springs Marie Bochnewich, representing Mesquite Home Owners Association John Bush, no address given Mike Connors, Palm Springs Tim Hoefineyer, Palm Springs Joan Martin, Palm Springs Charlene LaBeau, no address given In answer to questions by Council, Director of Planning & Zoning stated that there is a maximum of seven games that will be played per season; that the permit requests ten games in case payoffs are reached; that lights were brought in around Sunny Dunes to allow for pedestrian crossing; that there is a security guard on site; that the field is 80-feet of play and the use of Palm Springs High School stadium would be difficult; and that the Planning Commission did view the use as temporary; that the signage of Desert Chapel is outside of the right of way; that the street sign indicating Desert Chapel is typical signage; that the nearest residential neighbor is in excess of 200-300 feet away for the area; that the Community meetings typically include the representatives of the neighboring groups, such as the HOA Board Members and any attorneys and added that a full Community meeting will be held to discuss all the details and added that a report will be provided to the Council concerning precedence of land use and whether there are any options for use of another area to host the football games. Motion to continue the Hearing to February 18, 2004 to allow the applicant and the neighbors to meet and confer on issues to include noise monitoring compliance standards was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, Mills and McCulloch absent, that the Motion be adopted. Councilmember McCulloch reentered the Chamber. Council Minutes 01-21-04, Page 5 10. CASE 5.0954 — PD 242 - TTM 28308 — DESERT CHAPEL — NW CORNER OF SUNRISE WAY AND SUNNY DUNES Recommendation: That the Council approve Planned Development District 242 and Tentative Tract Map 28308 to subdivide 3.22 acres into seven single family residential lots and three professional office lots, for property located on the northwest corner of Sunrise Way and Sunny Dunes. R-1-C, RMPH zones, Section 23. Applicant: Desert Chapel. 103 Notices mailed. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. The following persons spoke in favor of the project: Marvin Roos, Mainiero, Smith & Associates, representing project Sean Wood, Palm Springs Randall Guy, representing Ramon Mobile Home Park Mike Lenley, Palm Springs The following persons spoke in opposition of the project: Charlene Labeau, no address given Robert Hazucha, Palm Springs Michael Deal, Palm Springs Steve Rossel, Palm Springs Peter Intranvartolo, Palm Springs Sherri Sale, Palm Springs John Bush, no address given Mike Connors, no address given Lady speaker, no address given City Attorney stated that the applicant is requesting a 60-day continuance of the matter. Motion to continue Hearing to March 17, 2004, to allow neighborhood meetings, was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote, that the Motion be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Member McCulloch ABSENT: Member Mills. Councilmember Mills reentered the Chamber. Council Minutes 01-21-04; Page 6 11. IMPACT MITIGATION FEE Recommendation: That the Council approve a development agreement with Fairfield Resorts for the Star Canyon Resort to facilitate the collection of a Financial Impact Mitigation Fee for project located on the west side of South Palm Canyon Drive between Sunny Dunes Road and Mesquite Avenue, Zone W- C-1 and W-R-3, Section 22 and 23. Applicant: Fairfield Resorts. 24 Notices Mailed. A4823. Director of Planning & Zoning reviewed the staff report and added that the recommendation is for the facilitation of the collection of a Financial Impact Mitigation Fee to offset a portion of the transient occupancy tax lost due to the conversion of the project to a time share development. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Councilmember Mills stated that the project originally approved was a high quality level project; that the recent revised plans submitted are not close to what was originally approved; and that any attempt to alter the original conditions would be met with adversity. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH FAIRFIELD RESORTS INC., TO FACILITATE THE COLLECTION BY THE CITY OF PALM SPRINGS OF A FINANCIAL IMPACT MITIGATION FEE FOR THE STAR CANYON RESORT ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE BETWEEN SUNNY DUNES ROAD AND MESQUITE AVENUE, ZONE PD-260, SECTION 22 AND 23 after which, it was moved by Foat, seconded by Pougnet and carried by the following vote, that further reading be waived and the Ordinance be introduced for first reading. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NO: Member Mills. 12. TM 10527—CANYON HEIGHTS - RIGHT-OF-WAY EASEMENT Recommendation: That the Council approve the vacation of certain ingress and egress of areas designated as Private Street for service, utilities and emergency vehicles. T4S, R4E, Section 34. File R-03-039. Director of Public Works/City Engineer reviewed the staff report. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 01-21-04, Page 7 Resolution 20816 as recommended was presented; after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that R20816 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: Councilmember Mills declared Conflict of Interest due to proximity of resident and exited the Chamber. 13. MOUNTAIN GATE —ASSESSMENT DISTRICT 161 Recommendation: That the Council authorize the issuance of limited obligation improvement bonds; the execution of an acquisition and funding agreement and make findings of determination for Assessment District 161 a 308 single family residential project with Mountain Gate Palm Springs Ventures for property located on the northeast corner of North Palm Canyon Drive and Gateway Drive. A4824. Director of Finance & Treasurer reviewed the staff report. Resolution 20817 and 20818 as recommended were presented; after which, it was moved by McCulloch, seconded by Pougnet and unanimously carried, Mills absent, that R20817 and 20818 be adopted. 14. ORDINANCE FOR SECOND READING & ADOPTION (Intro 1-7-04) MUNICIPAL CODE AMENDMENT—AUCTION SALES City Clerk read Title of Ordinance 1642 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.04 TO THE PALM SPRINGS MUNICIPAL CODE TO ALLOW AUCTION SALES AT CITY-OWNED FACILITIES SUBJECT TO LAND USE PERMIT BY THE DIRECTOR OF PLANNING AND ZONING after which, it was moved by Mills, seconded by McCulloch and unanimously carried, that further reading be waived and.Ordinance 1642 be adopted. 15. 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. City Manager withdrew the item. Council Minutes 01-21-04, Page 8 16. NOT USED 17. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 18. Parks & Recreation Commissioner Removal City Manager withdrew the item. Councilmember Pougnet requested an update on the Homeless Task Force status; an update on the General Plan Steering Committee Vision Statement and reported that discussions are being held with the Mizell Senior Center staff regarding a Council liaison. Mayor Oden requested a review of the fee program in place for the use of the Skate Park and all other City facilities. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk