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HomeMy WebLinkAbout4/2/2003 - STAFF REPORTS (3) CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 29, 2003 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 29, 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 Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and a Moment of Silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 24, 2003. 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: - 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. CITY COUNCIL PUBLIC COMMENTS: Terry Nuancewander, 2003 Court for Riverside County Indio Date Festival, extended an invitation for all to attend the upcoming festival. Kenny Long, Palm Springs, stated that response time in the Desert Highland Estates area is slow and questioned how one can work to improve the response time with the Police Department. Lorrie Creshaw, Palm Springs, stated that support should be given to the Palm Springs Animal Shelter. Linda Francis, Friends of Palm Springs Animal Shelter, stated that the City should deny the option of joining the CVAG Animal Shelter coalition. Dr. Kunz, Animal Medical Hospital, stated that Palm Springs has a high reputation in animal care; and that it is hoped a solution will be found to keep the shelter in Palm Springs. Shelly Wills, Smoke Tree Pets & Supplies, recommended the City keep the shelter located in the City. I Council Minutes 01-29-03, Page 2 John Stiles, President of Palm Springs Economic Development Corporation, read a prepared letter, copy on file in Office of the City Clerk, concerning the formation of a budget task force to assist the Council. APPROVAL OF CONSENT AGENDA: Items 1 thru 4. It was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that Items 1 thru 4 be adopted. Review by City Manager of Consent Items to be clarified. 1. MO 7244 approving specifications, plans, and working details and authorize advertisement for construction bids for the Gene Autry Trail and Ramon Road Median Landscaping Project, CP00-01. 2. MO 7245 approving specifications, plans and working details and authorize advertisement for construction bids for the Traffic Signal Modification Project, at East Palm Canyon Drive and Araby/Escoba Drive, CP02-24. 3. Res 20536 approving Final Map 30568, The Keith Companies, representing Palm Canyon Village LLC, to subdivide property located at 2795 and 2895 East Palm Canyon, T4S, R4E, Section 25. A4633. 4. Res 20537 approving a time extension for Star Canyon Resort, Case 5.0830, PD 260, TTM 29691 from May 17, 2003 to January 30, 2005 property located at South Palm Canyon Drive between Sunny Dunes to the north; Mesquite Avenue to the South; and South Belardo Road to the west; W-C-1 and W-R-3 zones, Sections 22 and 23. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None 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: 5. PALM SPRINGS VISITOR CENTER - 2901 NORTH PALM CANYON DRIVE 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve a contract with O'Donnell + Escalante Architects for pre-design and schematic design services for property located at 2901 North Palm Canyon Drive (Tramway Gas Station) for conversion to the City's Visitor Center not to exceed $18,000 and based on an hourly fee schedule; and amend the budget thereto. A4634. Councilmember Mills directed that the last line on 5A4 be deleted and that the last paragraph of 5A3 should be eliminated. Council Minutes 01-29-03, Page 3 Minute Order 7246 with revisions to contract and Resolution 20538 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that MO7246 and R20538 be adopted. 6. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Oden requested staff contact the Foundation of the Retarded regarding CBDG grant funds. 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 5, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 5, 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 Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Keith Newsome— PS Community Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 31, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Palm Springs Shrine Club— Burn Awareness Week Swear-in Police Officers: Commander Ron Starrs; Officer Kyle Stjerne; Officer Brent Coon. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT 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: Ric Service, Las Casuelas Terraza, requested that Shelter from the Storm be given a waiver regarding the requirement for providing the physical address of the home for CDBG funding. Tom Flanagan, Palm Springs, requested support regarding item 11. Willie Holland, no address given, stated that there is a building that is slated for demolition in the Desert Highland area; that he could reconstruct the building for use as a senior center and requested Council consideration of same. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Hodges and unanimously carried, that Items 1 thru 7 be adopted. Review by City Manager of Consent Items to be clarified. "A I Council Minutes 02-05-03, Page 2 1. Approval of Minutes of January 2 and 8, 2003. 2. MO 7247 approving plans, specifications and working details and authorizing advertisement for construction bids for the southerly terminal access roadway security reconfiguration — 300' Rule Implementation at the Palm Springs International Airport, CP02-20. 3. MO 7248 approving Change Order 1 to A4553 with Matich Corporation for additional work related to the northerly terminal access roadway project for $202,215. Total contract $1,829,842. CP02-06. 4. MO 7249 approving Change Order 1 to A4360 with T & M Construction for the Airport's Residential Sound Insulation Program — Phase III for $54,221.78. Total contract amount $2,272,109.78. CP00-30. Mills Abstain. 5. MO 7250 approving agreement with International Pavement Solutions, Inc., for the Sunny Dunes Street Improvements and Camino Real, Indian Trail & Andee Drive ARHM Overlay, Bid Schedules A, B and C for $235,575. CP01-15. A4636. 6. MO 7251 approving agreement with American Asphalt South Inc., for the 2002- 03 Annual Slurry Seal Project, Bid Schedule C, for $219,217.95. CP02-14. A4637. 7. Res 20539, 20540, and 20541 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 984081 Spurgin Spouse Mills 984092 Tenet Client EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 8. TTM30925 — MIRALESTE PARTNERS Recommendation: That the Council approve Tentative Tract Map 30925 for the construction of a gated 14-unit condominium complex and subdivision of 43,926 square feet of land into one lot. Located at 1532 Via Miraleste, Zone R-2, Section 11. Applicant: Miraleste Partners/Kenneth Bernard. 260 notices mailed. Director of Planning & Zoning reviewed the staff report and site plans on display in the Chamber. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 02-05-03, Page 3 Resolution 20542 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R20542 be adopted. 9. CASE 5.0937— CUP — PALM SPRINGS TENNIS CLUB Recommendation: That the Council approve a Conditional Use Permit 5.0937 to allow an expansion of the Palm Springs Tennis Center, including the addition of seven lighted tennis courts and a 576 square foot lounge building. Applicant: Palm Springs Tennis Club Members Association. 164 notices mailed. Councilmember Reller-Spurgin declared Conflict of Interest due to workplace location and serving as a subcommittee member for the Tennis Center; and exited the Chamber. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber Mayor declared the Hearing open; there being no further business, the Hearing was closed. Resolution 20543 as recommended was presented after which, it was moved by Hodges, seconded by Oden and carried by the following vote that R20543 be adopted. AYES: Members Hodges, Mills, Oden and Mayor Kleindienst NO: None ABSENT Member Reller-Spurgin. Councilmember Reller-Spurgin 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: 10. ENRG FUEL USA INC— COMPRESSED NATURAL GAS FUELING STATION On January 15, 2003 Council continued consideration of a lease agreement with ENRG Fuel USA Inc., for the installation, operation and maintenance of a CNG vehicle fueling station located at the Palm Springs International Airport. Staff recommends that the item be further continued to February 19, 2003. City Manager requested the item be continued to February 19, 2003. Motion to continue the matter to February 19, 2003 was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that the item be continued. Council Minutes 02-05-03, Page 4 11. VARIANCE 6.465—3863 E. CALLE SAN ANTONIO -APPEAL On January 15, 2003 Council directed staff to review issuance of a No-Build Easement regarding a carport/workshop built into the setback without permits. Staff has determined that the No-Build Easement will not affect the property line and requests certain modifications to the structure as a part of the conditions of the Variance. Acting Director of Building & Safety reviewed recommendations. Motion to overrule the Planning Commission; approve the Variance with conditions, to be ratified on February 19, 2003 was presented; after which, it was moved by Oden, seconded by Hodges and failed by the following vote. AYES: Members Hodges and Oden NO: Members Mills, Reller-Spurgin and Mayor Kleindienst ABSENT: None Motion to overrule the Planning Commission based on creation of 3 foot no build easement on east property line was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and failed by the following vote. AYES: Members Mills NO: Members Hodges, Oden, Reller-Spurgin and Mayor Kleindienst ABSENT: None Motion to uphold the Planning Commission decision was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and carried by the following vote. AYES: Members Reller-Spurgin and Mayor Kleindienst NO: Members Hodges, Oden and Mills ABSENT: None Motion to continue the matter to the February 19, 2003 to determine possible solutions were presented; after which, it was moved by Oden, seconded by Kleindienst and unanimously carried that the motion be adopted. 12. FIRST AMENDMENTS TO MERGED PROJECT AREAS 1 & 2 Recommendation: That the Council adopt responses to written objections; approve the Negative Declaration and introduce Ordinances for first reading regarding Merged Redevelopment Plan 1 and 2. Councilmember Mills declared Conflict of Interest due to property ownership in Project Area 9-1 and left the Chamber. Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of residence and left the Chamber. Director of Community & Economic Development reviewed the staff report. Council Minutes 02-05-03, Page 5 Resolution 20544 and 20545 as recommended were presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R20544 and 20545 be adopted. Mills & Reller-Spurgin Abstain/Absent AYES: Members Hodges, Oden and Mayor Kleindienst NO: None ABSENT: Members Mills and Reller-Spurgin City Clerk read Titles of Ordinances as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO 1 and AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO 2 It was further moved by Oden, seconded by Hodges, and carried by the following vote that further reading be waived and the Titles of the Ordinances be introduced for first reading. AYES: Members Hodges, Oden and Mayor Kleindienst NO: None ABSENT: Members Mills and Reller-Spurgin Councilmembers Mills and Reller-Spurgin reentered the Chamber. 13. CONVENTION CENTER EXPANSION — PHASE II - ENVIRONMENTAL Recommendation: That the Council approve an agreement with Terra Nova Planning & Research, Inc. for environmental consulting and documentation for the Palm Springs Convention Center Expansion - Phase II for $55,780. A4638. City Manager reviewed the staff report. Councilmember Mills requested that the Council be able to review contracts prior to requests for approval. City Manager stated that the City Attorney and Councilmember Mills would review the contract prior to execution by the parties. Minute Order 7252 as recommended was presented; after which, it was moved by Mills, seconded by Hodges and unanimously carried, that MO7252 be adopted. Council Minutes 02-05-03, Page 6 14. BOARD & COMMISSION APPOINTMENTS On January 15, 2003, Council directed this matter be given further consideration regarding the appointing process; and that the following Boards & Commissions be considered for vacancy appointments. Motion to appoint Sharon Lock to the Human Rights Commission was presented; after which, it was moved by Hodges, seconded by Oden and failed by the following vote: AYES: Member Hodges NO: Member Mills, Oden, Reller-Spurgin and Mayor Kleindienst Motion to appoint the following nominees were presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote: AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges Helene LeClair appointed to Parks & Recreation Commission (1) Term 6-30-03 Richard N. Cadarette appointed to Human Rights Commission (1) Term 6-30-04 Council direction to continue advertising for Rent Review, Villagefest Board — Jeweler and Administrative Appeals Board vacancies. 15. ADDITIONAL LEGISLATIVE ITEMS: APPOINTMENT OF SMG SUB-COMMITTEE (2) It was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, that Mayor Kleindienst and Councilmember Oden be appointed. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 16. Comprehensive Annual Financial Report Fiscal Year 2001-02 - received for filing. (Previously provided to Council via Director of Finance & Treasurer) Councilmember Oden requested presentation by Sunline at a future Study Session regarding Taxi regulations; and requested a Proclamation for Cabaret Week in March be issued. Council Minutes 02-05-03, Page 7 Councilmember Mills requested a future Study Session to review Variance Setback issues Councilmember Hodges requested a discussion on Proclamations be scheduled. 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 19, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 19, 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 Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Dr. Phillips — Church of Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 14, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PRESENTATIONS: Certificate of Appreciation — Mr. Michael Holzman-Rent Review American Lung Assoc. Platinum Lung Award HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Steven Payne, Palm Springs, expressed appreciation for support on the building of the bridge spanning Indian Canyon Drive. David & Gail Schultz, Palm Springs, expressed appreciation on behalf of PS Modern Committee for the purchase of the Tramway Gas Station to be used as a Visitors Center. Alan Bidwell, Palm Springs, stated that Rotary would present a "Putt for Polio' at upcoming Villagefests as a fundraiser. Tom Flanagan, Palm Springs, requested support regarding item 17. Willie Holland, Palm Springs, requested assistance to rehabilitate a property into a senior facility, rather than the Agency demolishing the building. The following persons spoke in support of item 18: Ed Switch, Palm Springs Hotel & Hospitality Association Mary Go Gunther, Palm Springs Joy Meredith, Crystal Fantasy Aftab Dada, General Manager Hilton 41 Council Minutes 02-19-03, Page 2 APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that Items 1 thru 11 be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes January 15, 2003. 2. MO 7253 approving agreement with Prudential Overall Supply for uniform rental cleaning services for parks, facilities maintenance, fleet operations and street personnel, for a term of three years for $23,800 per year. A4643. 3. Res 20546 authorizing a joint application between the City and the Agua Caliente Band of Cahuilla Indians to the House Committee on Transportation and Infrastructure for $15.3 million in TEA 21 Reauthorization (TEA 3) Grant Funds for the construction phase of the Indian Canyon Drive and Interstate 10 Interchange. CP 2000-14. 4. MO 7254 approving an encroachment license with Rosenau Investments, Inc to allow the construction and maintenance of a 12 foot wide arcade (tower) and a 10 foot wide covered walkway within the public right-of-way located at 610 and 622 North Palm Canyon Drive. A4644. 5. MO 7255 approving purchase from Cab-Tech Manufacturing for four retail carts for use at the Palm Springs International Airport for a per unit price of $17,200, total contract $82,500. 6. MO 7256 approving purchase from Versatile Information Products, Inc for a computerized voice logging recorder system, Schedule A, for the Palm Springs International Airport for $39,485.88. 7. MO 7257 approving agreement with O'Linn Executive Security for security guard services at the Palm Springs International Airport for a term of one year at $75,600. A4645. Fully FAA funded. 8. Res 20547 approving Parcel Map 30843, Essi Shanandeh, representing Regal Homes Inc., to subdivide property located at 3101 and 3121 North Indian Canyon Drive, T4S R4E, Section 3. A4646. 9. MO 7258 approving Change Order 5 to A4522 with DBX Inc for the Tahquitz Canyon Signal Interconnect Project for $9,506.89. Total contract $787,022.46. CP00-05. 10. Not Used. 11. Res 20548 and 20549 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 984403 C. Kell-Smith Business related Reller-Spurgin 984545 Spurgin Spouse 984666 Council Minutes 02-19-03, Page 3 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 12. CASE 5.0916, 5.0938 AND 5,0941 GENERAL PLAN AMENDMENTS FOR LAND USE & CIRCULATION Recommendation: That the Council approve a Mitigated Negative Declaration and approve application by Matthew Dragicevich Charitable Remainder Trust to redesiginate 5.11 acres of land located at 4155 Matthew Drive from M15 (Medium Density Residential) to GC (General Commercial) and C (Conservation) for property located at 4155 East Matthew Drive, R-2 and R-1-AH zone, Section 30; redesiginate 3.27 acres from M15 (Medium Density Residential) to H30 (Medium-High Density Residential) for property located at the northeast corner of Murray Canyon Drive and Sierra Madre, R-2 and 0 zone, Section 35; and delete an unimproved portion of Arenas Road between Sunrise Way and Hermosa Drive from the Circulation Plan. 251 Notices mailed. Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of residence and left the Chamber. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open; there being no appearances the Hearing was closed. Resolution 20550 as recommended was presented; after which, it was moved by Hodges, seconded by Mills and carried by the following vote, that R20550 be adopted. AYES: Members Hodges, Mills, Oden and Mayor Kleindienst NO: None ABSENT: Member Reller-Spurgin. Member Reller-Spurgin reentered the Chamber. 13. ZONING MAP AMENDMENT DRAGICEVICH CHARITABLE REMAINDER TRUST Recommendation: That the Council approve a change of zone for a 5.11 acre parcel from R-2 (Limited Multiple Family Residential) and R-1-AH (Single Family Residential) to C-M (Commercial Manufacturing) and 0-20 (Open Land) for property located at 4155 East Matthew Drive, R-2, R-1-AH zone, Section 30. Applicant: Matthew Dragicevich Charitable Remainder Trust. 21 Notices mailed. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open; there being no further appearances, the Hearing was closed. City Clerk read Title of Ordinance as follows: Council Minutes 02-19-03, Page 4 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-2 and 2-1-AH to C-M and 0-20 FOR THE PROPERTY LOCATED AT 4155 E. MATTHEW DRIVE, ZONE R-2 AND R-1-AH, SECTION 30 after which, it was moved by Hodges, seconded by Oden and unanimously carried that further reading be waived and the Ordinance be introduced for first reading. 14. Case 5.0941 - TTM 30941 - PALM SPRINGS MODERN HOMES Recommendation: That the Council approve a Mitigated Negative Declaration and Tentative Tract Map 30941 for the construction of 48 condominium units with improvements for property located at 1460 and 1550 East Baristo Road, R-4 zone, Section 14. Applicant: Palm Springs Modern Homes LLC, Dennis Cunningham. 80 Notices mailed. Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of work site and left the Chamber. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Lloyd Maryanov, representing the applicant, requested approval of the project. Marvin Roos, Mainerio, Smith & Associates, representing the applicant, requested approval of the project. There being no further appearances; the Hearing was closed. Resolution 20551 as recommended was presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote that R20551 be adopted. AYES: Members Hodges, Mills, Oden and Mayor Kleindienst NO: None ABSENT: Member Reller-Spurgin. 15. ZONING MAP AMENDMENT Case 5.0938 — PD 282—TTM 31006 - LAGUNA PACIFIC/CANYON VISTA Recommendation: That the Council approve Planned Development District 282 in-lieu of a Change of Zone and Tentative Tract Map 31006 for the construction of 66 timeshare units with improvements for property located at the northeast corner of Murray Canyon Drive and Sierra Madre, R-2 and 0 zone, Section 35. Applicant Laguna Pacific — Brad Gorman; Canyon Vista — Joe Morreale. 151 Notices mailed. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber; and added that the applicant is requesting a continuance to February 26, 2003. Council Minutes 02-19-03, Page 5 Mayor declared the Hearing open. Ted Miltan, Palm Springs, stated that the multi-density of the project will increase traffic on Murray Canyon Way and that a wall does need to be provided around the golf course area to provide protection for existing homeowners. Jan Hart, General Manager, Canyon Country Club, stated that some type of barrier does need to be constructed around the golf course. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM R-2 AND O TO PD 282 FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF MURRAY CANYON DRIVE AND SIERRA MADRE, ZONE R-2 AND O, SECTION 26 after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading; and Motion to continue the Hearing was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried that the Hearing be continued to February 26, 2003. 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: 16. ORDINANCES FOR SECOND READING &ADOPTION (Intro 2-5-03) MERGED PROJECT PLANS 1 & 2 Councilmember Mills declared Conflict of Interest due to property ownership in project area 9-1 and Councilmember Reller-Spurgin declared Conflict of Interest due to proximity of residence and both left the Chamber. City Clerk read Title of Ordinance 1623 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA 1 and City Clerk read Title of Ordinance 1624 as follows: Council Minutes 02-19-03, Page 6 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA 2 after which, it was moved by Oden, seconded by Hodges and carried by the following vote, that further reading is waived and Ordinances 1623 and 1624 be adopted. AYES: Members Hodges, Oden and Mayor Kleindienst NO: None ABSENT: Members Mills and Reller-Spurgin. Councilmembers Mills and Reller-Spurgin reentered the Chamber. 17. VARIANCE 6.465 — 3863 E. CALLE SAN ANTONIO -APPEAL On February 5, 2003 Council continued this matter to this date to allow additional time for staff, applicant and subcommittee of the Council to consider options concerning the property and the granting of a variance. Staff recommends the item be continued to February 26, 2003 (Adjourned Meeting) for further investigation. City Manager stated that the intent was to request a continuance of the matter, but that the subcommittee had reached resolution of the item. Director of Planning & Zoning reviewed the proposed resolution. Resolution 20552 as recommended was presented; after which, it was moved by Mills, seconded by Oden and carried by the following vote that R20552 be adopted. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst ABSENT: None. 18. 2003 AMERICAN HEAT BIKE WEEKEND Recommendation: That the Council temporarily suspend certain regulatory Ordinances to facilitate the 2003 American Heat Bike Weekend to be held October 17 — 19, 2003. Director of Parks & Facilities reviewed the staff report. Police Commander stated that the management of the Police Department is opposed to the event due to the potential of violence; but if it is the Council's desire to approve the item, all effort will be given to assist with the event. Resolution 20553 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following. AYES: Members Mills, Oden and Reller-Spurgin NO: Member Hodges and Mayor Kleindienst ABSENT: None. Council Minutes 02-19-03, Page 7 19. ENRG FUEL USA LEASE Recommendation: That the Council approve a lease agreement with ENRG Fuel USA Inc for the installation, operation and maintenance of a CNG vehicle fueling station located at the Palm Springs International Airport for a term of 10 years with options (4) for additional 20 years, total term 30 years, for rent at a percentage of gross sales. A4647. Executive Director—Airports reviewed the staff report. Minute Order 7259 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that MO7259 be adopted. 20. PROCUREMENT SOFTWARE 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve negotiating an agreement, subject to Council approval, with Periscope Holdings Inc., for upgrade of procurement software for $85,553.50; and amend the budget in the amount of $25,000 thereto. Director of Procurement & Contracting reviewed the staff report. Minute Order 7260 and Resolution 20554 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7260 and R20554 be adopted. 21. CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT (OTS) 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council accept a State Grant from the California Office of Traffic Safety (OTS) for the enforcement of driving under the influence (DUI) laws for a term ending June 30, 2003 for $150,000. No General Fund expenditure. City Manager reviewed the staff report. Minute Order 7261 and Resolution 20555 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7261 and 20555 be adopted. 22. EXECUTIVE DIRECTOR—AIRPORTS RETIREMENT DELAY PACKAGE Recommendation: That the Council approve a retirement delay package for the Executive Director — Airports to ensure a timely and smooth transition from design to construction on the Convention Center Phase II Expansion Project and Airport Security Projects. City Manager reviewed the staff report. Resolution 20556 as recommended was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, that R20556 be adopted. Council Minutes 02-19-03, Page 8 23. CITY ATTORNEY SERVICES —ALESHIRE & WYNDER Recommendation: That the Council approve an agreement with Aleshire & Wynder, LLP for City Attorney services for a term commencing February 19, 2003, until terminated by either party at a blended fee rate for legal services. A4648. Councilmember Oden stated that new counsel is needed. Minute Order 7262 as recommended was presented; after which it was moved by Hodges, seconded by Reller-Spurgin and carried by the following vote, that MO7262 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. ADDITIONAL LEGISLATIVE ITEMS: 24A. EASTER BOWL 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an amendment to the 2002-03 fiscal year budget in support of the Easter Bowl Tournament for$15,000. Resolution 20557 amending the budget was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20557 be adopted. 24B. RIVERSIDE COUNTY DATE FESTIVAL 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve an amendment to the 2002-03 fiscal year budget in support of the Riverside County Date Festival for $5,000. Resolution 20558 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R20558 be adopted. 24C. COUNCIL RULES & PROCEDURES— MEETING DURATION Recommendation: That the Council amend its Rules and Procedures to adopt a policy to adjourn its meetings at or before 11:00 p.m. If the Council has not completed all items of the Agenda by 11:00 p.m., the Council shall, at that time, either 1) waive the adjournment hour by formal motion, or 2) adjourn to time, date and place certain at which time the remaining Agenda items will be heard. Councilmember Mills stated that the action is not necessary and questioned the impact of such a procedure in maintaining a business friendly atmosphere. Council Minutes 02-19-03, Page 9 Resolution 20559 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and carried by the following vote, that R20559 be adopted. AYES: Members Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Mills ABSENT: None. 24D. TRIBAL DISTRIBUTION FUND Recommendation: That the Council approve a resolution endorsing the Tribal Alliance of Sovereign Indian Nations (TASIN) Local Government Committee's Formula for the Indian Gaming Special Distribution Fund. Fire Chief reviewed the staff report. Resolution 20560 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20560 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 25. Received for Filing: Treasurer's Investment Report-December 31, 2002 Councilmember Oden requested a letter of support regarding Marquis employees rehiring; and questioned the procedure to further the relationship with Mexicali. Councilmember Hodges requested that future budgets include funding for the Riverside County Date Festival and Easter Bowl. Mayor requested a letter of opposition to the State of California regarding the proposed cuts on tourism funding. Councilmember Mills requested a letter of opposition regarding solar power taxation being considered by State; that the median Islands on Sunrise and Vista Chino need cleaning; and that Code Enforcement does need to review the signage appearing on various construction fencing throughout the City. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk