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HomeMy WebLinkAbout10/16/2002 - STAFF REPORTS (6) CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 10, 2002 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, July 10, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session in the Large Conference Room. 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 July 5, 2002. 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: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: James Hamlin, Palm Springs, requested restructure of booth space cost at Villagefest, to have products on display. David Justin Lynch, Palm Springs, re: Item #3, supports Charter Amendment to change vacancy appointment procedures; Item #4, suggests commission of citizens for recommendations re: duties and responsibilities of members of City Council and the Mayor; Item #5, recommends Proclamations be issued by City Council members with input by all; Item #6, recommends more definitive criteria for service on boards and commissions. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 2, Hodges abstaining on Minutes of June 26 and Kleindienst and Mills abstaining on Minutes of June 19, be adopted. Review by City Manager of Consent Items to be clarified. 1. Minutes of June 19 & 26, 2002. 2. MO 7121 approving Change Order 1 to A4515 with Coan Construction for site concrete for the Downtown Parking Structure $179,000, Total contract $2,203,990. Council Minutes 07-10-02, Page 2 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 3. CHARTER AMENDMENT - COUNCIL VACANCY On July 3, 2002 Council directed this matter be heard to consider a possible Charter Amendment concerning procedures for appointment to a Council Vacancy or Call for Special Election. City Attorney reviewed memorandum and gave background on requirements and timeline to Call for Special Election. Councilmember Hodges stated that what happened in December 2001 caused much turmoil; that it is reasonable to put the issue of appointment to a City Council vacancy on the ballot as a Charter Amendment; and that this issue would be solved by letting the people decide. Councilmember Oden stated that eight Councilmembers have resigned in the history of the City; that there is no need for the community to go through the turmoil of the last election; and that unless the vacancy occurs more than 90 days after the election, the 3rd highest vote getter should be appointed to the vacancy. Councilmember Hodges stated that 90 days is an appropriate period of time, whether it be 90 days before the election or 90 days after; that if it is beyond 90 days after the election, the Council either makes an appointment, or puts it to a special election; and that it is only a specific period of time being considered. Councilmember Mills stated that there should be a minimum requirement of a percentage of votes for that 3rd candidate to be appointed; and that with the automatic 3rd vote getter process in place, the timing of the resignation could manipulate who fills the vacancy. Councilmember Hodges stated that if the Charter was amended, the voters would know the policy; and that the 3rd highest vote getter would be appointed after a resignation within the 90-day period. Mayor stated that the system has not failed; it has worked in the past; that when a vacancy occurred, and an appointment was not made, an election was called; and that there is no way of knowing if the 3rd highest vote getter would be the community's selection. Councilmember Reller-Spurgin stated that because of the situation in December, this has become a personal issue; that Councilmember Hodges was nominated due to experience; that the transition would have been seamless; that with a narrow field, the comfort level may not be there to support the automatic 3rd Council Minutes 07-10-02, Page 3 person for appointment, but that the issue will be given to the community to make the decision. City Attorney confirmed that this amendment would only apply to vacant Councilmember seats; that the amendment only applies to the 90-day period before and after an election; and that a resignation of a mayor, mid-term, would be filled with the current policy of the Charter. Councilmember Hodges stated this Charter Amendment should be on the November ballot and settled in 2002. City Clerk stated that there is no Palm Springs election in November; this would be a Special Call; and that the resolution calling for special election would have to be on the August 7th agenda, as the last date for putting an item on the ballot is August 9th. Councilmember Mills questioned the cost of a special election. Councilmember Hodges stated if council is concerned about the cost, she will raise the money. Councilmember Oden concurred. Councilmembers Hodges and Oden appointed subcommittee to draft language for City Attorney to finalize for ballot measure. It was moved by Hodges, seconded by Oden, that a Charter Amendment regarding appointment to a Council Vacancy be placed on the November 5, 2002 ballot, and carried by the following vote: Ayes: Hodges, Oden, and Reller-Spurgin No: Kleindienst and Mills Absent: None 4. DUTIES/RESPONSIBILITIES OF MAYOR AND MEMBERS OF THE CITY COUNCIL Recommendation: That the Council consider delineation of duties and responsibilities of the Members of the City Council and the Mayor. Mayor turned the discussion over to the Councilmember who requested this item be placed on the agenda. Councilmember Oden stated that the specifics of Items 4, 5 and 6 could be discussed at the same time. Mayor stated that Items 4, 5 and 6 would be blended for discussion. 5. PROCLAMATIONS Recommendation: That the Council consider current procedures and possible alternatives in issuing of Proclamations on behalf of the City. Council Minutes 07-10-02, Page 4 Councilmember Oden stated that the Mayor has the responsibility for proclamations; that there could be Council proclamations as an alternative, with or without signatures; and that there could also be commendations, in addition to proclamations, differentiating between a commendation for a person or group, and proclamations for dates and events. Mayor stated that requests for proclamations are massive, that currently the proclamation guidance rules and procedures rest in the mayor's office; that guidelines from the Council would be appreciated, taking into consideration the time necessary to respond to requests; and that Council has the ability to issue commendations on their own. Councilmember Hodges stated that guidelines should be in place for the issuance of proclamations or commendations. Councilmember Oden stated that the goal of certificates, commendations, and resolutions is really designed to reduce the number of proclamations, and make them more appropriate for the specific situation. Councilmember Mills stated the intent is for two types of proclamations, one for the Mayor to sign, and one for the Council as a whole. City Attorney stated involving all members will involve the Brown Act regulations. Councilmember Reller-Spurgin stated one instance caused controversy of the Council; that there are no overall problems with the process; that individual commendations or proclamations are not necessary; that the Mayor is the representative of the council, and it is under his signature that proclamations should be signed. Mayor stated that occasionally there are requests for proclamations that raise issues; that if there were action by Council to approve the issuance, his office would follow through, but that currently there are no guidelines regarding issuance of proclamations. Councilmember Oden stated this issue is broader; that it is the Mayor's prerogative to make the decision on proclamations; but that other documents, such as commendations and resolutions, should be given by Council. Mayor questioned what would determine when it would be a proclamation, commendation, or resolution that would be given to individuals, groups, or events. Councilmember Hodges stated that there should be some definite guidelines set in place regarding Mayor's proclamations, City Council proclamations, and whatever next level of commendation would require; that the various documents would be issued if the criteria for each was met; and that a sub-committee could give some direction on what the guidelines would be. Councilmembers Hodges and Oden on sub-committee to bring forward guidelines for Council action. Council Minutes 07-10-02, Page 5 6. BOARD AND COMMISSION APPOINTMENTS Recommendation: That the Council review current procedures in the consideration and appointment of the City's Board Members and Commissioners. Mayor stated that the current nomination process for Board and Commission appointments should be kept in place; and that if the council did the interviews publicly and televised, the process would be fully public and all five members could participate and vote on all nominations. Councilmember Hodges stated that the gap in the process is that the Mayor makes the nominations and the council ratifies them, versus the council making the nominations; and that possibly each councilmember could nominate one person to each board or commission and then the nomination could be ratified by the whole council. City Attorney stated that there are complications involved with a change to individual councilmember nominations, such as staggered terms and expiration dates, the amount of people on a board or commission, and possible rotation of nominating councilmembers; and that spreading out power to nominate does not necessarily cure the problem. Councilmember Reller-Spurgin stated that with the current interview process, a lot of time is spent interviewing and then the decision is actually made by the Mayor; that there is not always agreement, and if that is the case, then why should hours be spent interviewing. Councilmember Hodges stated that if each councilmember had an individual nominee, there would be better diversification on the boards, as there would be at least one person representing each councilmembers thoughts and ideas; and that public interviews and then voting on the applicants at a city council meeting would be very uncomfortable for the applicants and the councilmembers alike. Councilmember Oden stated that public televised interviews would be challenging for the public, as some people are not comfortable in front of a camera; that his preference would be to have the interviews with the chair of the commission, the sub-committee member and the Mayor, just as it was in the past; that the shordist should be eliminated and everyone who applies should get interviewed; and that there should be a way to divide the nomination process between councilmembers with final ratification at a council meeting. Councilmember Mills stated that the chairperson lends a very important aspect to the decisions being made, as they have the experience of some time on the board or commission, and know what is required; and that the chairperson should have a vote. Councilmember Oden stated that the expertise the chair brings to the table is invaluable, however, the councilmember may bring a broader base of ideas of what the particular board or commission needs. Mayor suggested that the application form be changed to eliminate the personal reference section; Councilmember Hodges concurred. Council Minutes 07-10-02, Page 6 Councilmember Oden stated that the focus should be on the skill set that is needed. Councilmembers Hodges and Oden will serve as sub-committee to draft a new policy on the nomination process. City Attorney stated that changing the nomination process will require a Charter Amendment; that resolutions will have to be prepared by the City Clerk to call a special election; and that a review of the draft by legal staff and City Clerk will be required for final version to be put on the ballot. 7. AUGUST RECESS Recommendation: That the Council consider adjournment of upcoming meetings for the month of August 2002. Councilmember Hodges stated that due to the current workload and the actions needed for the parking structure, there should be no problem moving ahead and having the regular meetings in August. Councilmember Oden stated he is ready to work and will attend the meetings in August. Councilmember Reller-Spurgin stated she will attend the meetings in August. Mayor stated that he will be on vacation for two weeks in August, but there will still be a quorum for the meetings to go forth. City Manager questioned if this also includes the Study Sessions. Councilmember Mills stated his schedule is not set for August; that staff had anticipated August being dark; and questioned City Manager for his comments regarding going dark in August. City Manager stated staff is prepared to meet in August, including Study Sessions. Mayor stated there will be a quorum of the City Council in town during August, and therefore, the regular meetings will be scheduled. 8. CITY HALL LOBBY DISPLAY Recommendation: That the Council consider placement of photos of the Agua Caliente Band of Cahuilla Indians Tribal Council and/or other Officials in the lobby of City Hall. Councilmember Hodges stated that the City of Palm Springs sits on Indian reservation; that we work as partners and it would be appropriate to have a picture of the Agua Caliente Band of Cahuilla Indians Tribal Council in the lobby. Councilmember Mills questioned if it would also include the history of how and why we work together. Councilmember Hodges stated that could be considered. Council Minutes 07-10-02, Page 7 Councilmember Mills stated it might be prudent to ask them if they want a picture in the lobby. It was moved by Hodges, seconded by Oden, and carried unanimously, to request if the Tribal Council would like a group photo placed in the lobby of City Hall. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: AS1. SUNSET HACIENDA It was moved by Oden, seconded by Hodges, and carried unanimously, to add Item AS1, Sunset Hacienda, to the agenda. Director of Community & Economic Development reviewed the staff report, and stated that approval of the grant deeds transferring title of the land from the City to the Community Redevelopment Agency, will allow the project to move forward. Resolution 20389 as recommended was presented; after which, it was moved by Hodges, seconded by Mills, and unanimously carried, that R20354 be adopted. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. BARBARAJ. WHITE Assistant City Clerk PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES July 17, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 17, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Dr. Ernest Phillips-Palm Springs Church of Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 12, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 10 of agenda this date. PRESENTATIONS: "Our Time to Shine" presentation to City HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business FINANCING AUTHORITY Convene as both the Financing Authority and City Council PUBLIC COMMENTS: None APPROVAL OF MINUTES: It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, Mills abstaining, that the Financing Authority Minutes of April 21, 1999 and July 25, 2001 be approved. CITY COUNCIL HEARING and FINANCING AUTHORITY LEGISLATIVE-Joint Action FA1. DOWNTOWN PARKING STRUCTURE BONDS Recommendation: That the Council conduct a public hearing regarding the sale of taxable variable rate demand Certificates of Participation 2002 Series A, not to exceed $8,000,000 for the purpose of constructing the downtown parking structure and other parking lot improvements; authorize the execution of related agreements and the delivery of preliminary and final Official Statements; and authorize the Board of Directors to execute and deliver certain agreements, Official Statements regarding the sale of said Bonds. Director of Finance & Treasurer reviewed the staff report; stated that this has been in process for 1 % years; that the project is under construction; that there is a 25-year term bond; and that variable taxable rate financing is not eligible for tax-exempt bonds due to donated private land. Council Minutes 07-17-02, Page 2 Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Council Res 20390 and Financing Authority Res FA25 as recommended were presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried unanimously, that R20390 and FA25 be adopted. Adjourn as the Financing Authority and City Council; convene as the Community Redevelopment Agency. 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: Carrie Allan, Palm Springs Mizell Senior Center, read a letter, copy on file in Office of City Clerk. Pete Morrozi, Palms Springs, stated he supports a symbolic entry to City. Public comments in support of item #25: David J. Lynch, Palm Springs Karen Tabbah, Palm Springs Charles Robles, Palm Springs Dexter Barr, Palm Desert Kathy Pulas, Rock Garden Cafe Robert Thrallfal Bryan Piece Susan Barizite Jeff Way, Eagleride Rentals Ken Sprat, Palm Desert Mr. Archell, Cathedral City Devin McGalin Public comments opposing item #25: Leanne Lee, Palm Springs Joy Meredith, Palm Springs Council Minutes 07-17-02, Page 3 APPROVAL OF CONSENT AGENDA: Items 1 thru 10. City Manager withdrew items 15, 23 and 24. It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that Items 1 thru 10 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Oden requested a separate report on #5, stated his approval of#7, and questioned the timeline on #8. Councilmember Mills stated he will abstain on #9, as he is within 1,000 feet of the project, and requested staff report on #8. Item #5 - Acting Director of Airports stated the standard format is used to allow the City Manager to accept grants up to $9 million from the FAA. Councilmember Oden questioned the use of the money. Acting Director of Airports stated that some will be used for Airport Inspection, and most of it for security purposes. Item #8 — Director of Public Works/City Engineer stated the supplemental funds will be used for the design phase of the medians; that the timeframe is difficult to project, as the project is partially on State Highway, and the plans require State approval before starting; that the plans should be approved within a week; with the project starting in the fall. Councilmember Hodges stated that the Planning Commission had spoken of sail type projects for medians; questioned if this project is that type; and asked if the concept design will come to City Council to be approved. Director of Public Works/City Engineer stated that every project comes to Council before it is approved. Councilmember Hodges stated that it should have come to City Council for full discussion. Mayor stated that the issues of the landscaping, the palette, the sail devices, the silhouette of the mountains, and the lighting devices used, were presented at a study session; and that Council gave a nod of affirmation to proceed. Councilmember Mills stated that he has not seen this; that he would like to see this project as it is the first major median project in the City; that he wants to be confident that it is clearly understood; and questioned if City Engineer anticipates bidding this project before it comes back with Caltrans approval. Mayor stated that the two councilmembers who have not seen this before could be briefed on it, as opposed to bringing it back; that the Council does not want a conflicting report to come out after the Caltrans review. Council Minutes 07-17-02, Page 4 Councilmember Mills stated that the concern is more with the material to be used, and what Caltrans will or will not accept; that he is not interested in approving a Vista Chino Median Island again; that the project should be done properly, and if Caltrans is not going to be in favor of doing it the way the City wants, then perhaps other alternatives should be considered. Director of Public Works Director/City Engineer stated that the item tonight is simply the grant acceptance, which Council has previously authorized, and this is the supplemental agreement authorizing the City to accept the grant money. Councilmember Oden stated that some councilmembers have not seen the presentation, and perhaps we should pull this item until they have had a chance to review it. Mayor questioned what this would do to the timeline for request for funding. Director of Public Works/City Engineer stated that Council has already awarded the design contract to Ron Gregory, RGA Landscaping, and this item simply allows the City to use the Federal money to pay him. Councilmember Oden questioned if it affects the design itself; and stated that the payment is fine, but the Council needs to see the design and determine whether or not it is acceptable. Mayor stated if would be wise to keep a parallel track going forward. Councilmember Mills stated the full City Council will see the package again, and can react at that time. Mayor stated that if it is to be reviewed for design acceptability, it should be done as quickly as possible. Councilmember Hodges stated that it is an unusual median design; that possibly the entire community should see it; and feels the plan should have been totally approved by Council before being sent to Caltrans. City Manager stated that the plans for design will be back for review at the next Study Session. 1. MO 7121 approving agreement with VSA Airports for the Federal Aviation Administration National Geodetic Survey Pilot Program for $169,880. A4535. 2. MO 7122 approving Amendment 1 to A4487 with VSA Airports for additional work phases regulated to necessary security improvements at the airport for an additional cost of$112,000. Total contract amount $875,500. 3. MO 7123 approving and adopting plans, specifications and working details and authorizing advertisement for construction bids for the northerly terminal access roadway security reconfiguration 300 implementation at the Palm Springs International Airport. CP2006-02. Council Minutes 07-17-02, Page 5 4. MO 7124 approving agreement with FMC Airport Systems for the modification of passenger boarding bridge #5 at the Airport for$60,777. A4536. 5. MO 7125 authorizing the City Manager to accept Airport Improvement Program (AIP) Federal Grants for Fiscal Year 2003. 6. MO 7126 approving Amendment 2 to A4266 with Chihuly Inc to extend the term of the contract to October 1, 2002 to allow option to purchase two additional sculptures for placement around the interior fountain of the Palm Springs International Airport. 7. MO 7127 approving an agreement with Phill Evans for relocation and installation of fencing to extend the small dog area across the entire west end of the dog park for$4,750. A4537. 8. MO 7128 approving Supplement 013-M to A1459 for the design phase of the Gene Autry Trail and Ramon Road Median Island Landscape Project for $90,000; City share $10,323. CP2000-01. 9. MO 7129 approving a ground lease with Sprint PCS Assets, LLC, for the installation of communications equipment at Fire Station 3, located at 590 Racquet Club Drive, lease amount $12,000 per year. A4538. Mills abstain. 10. Res 20391 and 20392 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 977964 Tenet Business Reller-Spurgin 978065 Spurgin Spouse EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: 11. CASE 5.0804— PD254 —TAHQUITZ VENTURES AND CT REALTY On July 3, 2002 Council directed this matter be continued to this date to consider options concerning Case 5.0804, Planned Development District 254, Tentative Tract Map 29077 for the subdivision of a 6.8 acre parcel into 48 lots and seven common area lots for the development of a gated 48-unit multi-family cluster residential community, located to the southwest of the intersection of Tahquitz Canyon Way and Museum Drive, R-2 and R-3 zones, Section 15. Director of Planning & Zoning reviewed the staff report, and the visual site plans, stating that the plans are all still conceptual. Mayor declared the Hearing open. Council Minutes 07-17-02, Page 6 John Stiles, Palm Springs, President of the Palm Springs Economic Development Corporation, stated the membership supports the project; that there has been a lot of compromise; and that the goal of the project sends a message of"business friendly". David Ball, applicant, stated he did focus on 3 areas: the entry, the architectural controls, and the recreational elements; that time was given by City Council to get a better plan; that now there is a win/win situation; and that they did try to raise the bar in the project. Tracy Conrad, Palm Springs, stated her appreciation of the Council actions and their support of quality projects; that this project was given a tremendous second chance by Council, and has come up with a reasonable compromise, with the lowest density for the best possible use of this land; and that she is in support of this project. Tony Bruggemans, Le Vallauris, stated this is a good project; that it has improved the relationship between neighbors as they have spent time with the developer and feel comfortable with the project; and feel the project will enhance the area. David Baron, representing applicant, stated this project has come a long way; that it has been a positive process; that the Council has been open to suggestions; that the developer has incorporated all suggestions; and that all have been engaged in making the development into a significantly improved project. There being no further appearances, the Hearing was closed. Councilmember Oden stated the developer has attempted to address all the issues and concerns of the neighbors and the Council; that it has been a cooperative effort; and has raised the bar in this project. Councilmember Mills stated the biggest improvement issue is the elimination of the 5 units and the addition of 3 single family residences; and that this has been an excellent response to the situation, and the project is better for it. Councilmember Reller-Spurgin stated her appreciation for the better entry, the addition of another pool, and requests adherence to the construction schedule. Mayor stated that there will be 48 new residents in this project, and wants them to be notified and fully aware they are two blocks away from a high energy downtown. Director of Planning & Zoning stated this issue was discussed with the Planning Commission and there is a condition to place a note in the CC&Rs for the buyers to be aware of the neighborhood, as it relates to special events, traffic and noise in the area. Councilmember Hodges questioned if the quality of products to be used is still part of this project, such as the windows and tile roof. Council Minutes 07-17-02, Page 7 Director of Planning & Zoning stated the Planning Commission will still review 60% of the working plans; and in answer to question by Councilmember Hodges, stated that there is a condition for maximum height of 18 feet, which is single- story height. Res 20393 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried unanimously, that R20393 be adopted. 12. CASE 5.0830-B, PD260 — PALM SPRINGS NEW MILLENNIUM STAR CANYON VILLAS Recommendation: That the Council approve an amendment to Planned Development District 260 and Tentative Tract Map 29691 to change the land uses from hotel and timeshare to all timeshare, with 198 hotel rooms becoming 79 time share units for property located at South Palm Canyon Drive, W-C-1 and W-R-3 zones, Section 22 and 23. Director of Planning & Zoning reviewed the staff report and visual plans on the board. Councilmember Hodges questioned if the architecture will be the same as the original plan. Director of Planning & Zoning stated it will be the same; and in answer to question by Councilmember Mills, stated that the range of density of all timeshare projects is 232 units. Mayor declared the Hearing open. J. B. Gold, developer, stated as far as the site goes, they want to keep the architecture as much the same as possible; that the landscaping and integrity of the design will be kept intact; that the difference is the density of units; that the project will yield revenue to the City of about $549,000 of TOT per year, and should increase retail and sales tax also; and that there will also be a spa and restaurant on site. There being no further appearances, the Hearing was closed. Councilmember Oden stated that when the project first came forward, it generated enthusiasm and excitement; that due to economics, this project is now a timeshare project rather than a hotel; and he is glad to see it here. Mayor stated that the developer stayed with the project and brought it through tough economic times; and that hopefully the Council action will help achieve the goal. Res 20394 as recommended was presented; after which, it was moved by Oden, seconded by Mills, and carried unanimously that R20394 be adopted. Council Minutes 07-17-02, Page 8 13. CUP 5.0895— SPRINT PCS — 590 E. RACQUET CLUB ROAD Recommendation: That the Council approve Conditional Use Permit 5.0895 for the installation of a commercial communications antenna on a 55 foot monopole and five small equipment cabinets within a 432 square foot lease area located at Fire Station 3, 590 East Racquet Club Road, Zone O, Section 2. Councilmember Mills stated he would abstain on this item due to proximity of his residence to project. Director of Planning & Zoning reviewed the staff report and visual site plans on the board. Councilmember Hodges questioned if this is just a pole, with no arms. Director of Planning & Zoning stated that it is just a column 55 feet tall; and in answer to councilmembers questions, stated the Hyatt Hotel is 60 feet tall; and a telephone pole is in the 35 foot range. Mayor declared the Hearing open. Scott Kennedy, Palm Springs, stated this pole will be 300 feet from his house; that he did review the drafts of the pole at the Planning Department; and that he was pleased by the appearance of a single pole, and not a fake palm tree. Steve Colley, Sprint representative, stated he is available for questions; that the reason for the height is that this site with a tall pole, can cover a larger area, than additional smaller poles; that Sprint has tried to place poles on City property due to financial gain of lease for the City; and they are trying to make them less visually obtrusive. There being no further appearances, the Hearing was closed. Councilmember Oden questioned the height of the communications pole for the Palm Springs Unified School District. Director of Planning & Zoning stated it is a direct line of site pole and is very tall, but not sure of exact height. Councilmember Hodges questioned if the pole could be placed beside a bank of trees in Victoria Park; stated that the concern is the visibility of the pole; and questioned when technology moves forward, will the poles remain. Director of Planning & Zoning stated that technically it could be moved; and there is a condition in the contract that the poles have to be removed if they are not used. Councilmember Oden questioned how close the pole is to the former library building. Director of Planning & Zoning stated it is approximately 60 feet. Council Minutes 07-17-02, Page 9 Director of Planning & Zoning stated it is approximately 60 feet. Councilmember Oden stated he appreciates the advances in technology; and that using City facilities for placement of the poles is advantages to the City, however, not at this location. Councilmember Reller-Spurgin stated that possibly it could be located in the park near the restrooms. Mayor stated a pole this height is too much for the neighborhood; and questioned if it is possible to review the City to see where the fewest number of poles could be located to give the greatest range for cellular phones, which may reduce the need for future poles. Director of Planning & Zoning stated that they have required co-location of facilities; that some technology is compatible in some poles, while others are not; that the City is looking at gaps in the systems and trying to place poles to fill the gaps of non-service; and that they could review sites, however it would be September before a study could be done. Councilmember Hodges stated this item could be continued to next meeting to look at the park location. Sprint representative stated they could retest the site for a lower pole and re-look at the park location; and that if the pole was placed among the trees, the pole would have to be higher. Director of Planning & Zoning stated that the applicant could be allowed to restudy the issue at this height and the application could be continued; and that if the intention is to move to the park, they would have to go back to the Planning Commission and start over. Sprint representative stated they accept going back to the Planning Commission with application for possible relocation to the park, and keeping the application open. It was moved by Oden, seconded by Reller-Spurgin, and carried unanimously, Mills abstaining, to refer item back to the Planning Commission with Application to remain open for a possible relocation to the adjacent park site. 14. HSPB-44 MILLER HOUSE CLASS 1 HISTORIC SITE Recommendation: That the Council designate the Miller House located at 2311 North Indian Canyon Drive as a Class 1 Historic Site. Property Owner: Catherine Meyler. Director of Planning and Building reviewed the staff report, and the visual plans on the board. Mayor declared the Hearing open. Council Minutes 07-17-02, Page 10 Catherine Meyler, Palm Springs, owner of HSPB 44, requested designation. The following persons requested support of designation of HSPB 44 as a Class I site: Gary Rust, Palm Springs Michael Stern, Palm Springs Pete Morrozi, Palm Springs Patrick Barry, Palm Springs There being no further appearances, the Hearing was closed. Councilmember Reller-Spurgin stated she was glad the request came from the property owner. Councilmember Oden stated he is glad this home is being saved from disrepair. Councilmember Mills stated this house has been in ill repair longer than in good repair; that it is a great example of great architecture; and thanked the owner for the efforts to date. Mayor stated that the building is older than the City by 1 year; and that he is glad to designate the Grace Miller home as an historic site as it is a significant part of Palm Springs history. Res 20395 as recommended was presented; after which it was moved by Reller- Spurgin, seconded by Oden, and carried unanimously that R20395 be adopted. 15. NORTHWOODS/PALM SPRINGS APARTMENTS TEFRA ISSUANCE BONDS Recommendation: That the Council conduct a hearing regarding application by Northwoods-Palm Springs for tax-exempt bond financing for the construction of apartments at the southeast corner of Araby Road and East Palm Canyon Drive; bonds to be issued by the California Statewide Communities Development Authority. City Manager withdrew item. 16. PUBLIC NUISANCE ABATEMENTS Recommendation: That the Council approve the report of Proceeding and Accounting costs of 13 Public Nuisance Abatements and direct the City Clerk to certify assessments for the Riverside County Tax Rolls. Director of Planning and Zoning reviewed the staff report, and further stated that the property owner of 1889 Cerritos Rd. states that she has paid; and adjustments will be made tomorrow, based upon double checking the finance records. Council Minutes 07-17-02, Page 11 Mayor declared the Hearing open. Grantlyn Adelaars, 1889 N. Cerritos, stated she was not notified of the nuisance; that the City did the work; that she did pay $2000 today, and that there should not be a lien against the property. There being no further appearances, the Hearing was closed. Res 20396 — 20408 as recommended were presented, after which, it was moved by Reller-Spurgin, seconded by Hodges, and carried unanimously, that R20396 —20408 be adopted. 17. ANNUAL MAINTENANCE DISTRICTS - 2002-03 ASSESSMENTS Recommendation: That the Council approve annual maintenance costs for the following districts: Street Lighting Maintenance Districts (SLMD) 1, 2, 3 and 4; and Parkways Maintenance Districts 6 (A, B, C), 7, 8 and 9. This is time set for public hearing. Director of Public Works/City Engineer reviewed staff report. Mayor questioned why there are only 8 districts for approval, when there were 10 in the staff report. Director of Public Works/City Engineer stated that Districts 1 and 2 were formed under the 1931 Act, which does not require annual public hearings; and that Districts 3-10 were formed under the Landscaping and Lighting Act of 1972; which does require annual public hearings. Mayor declared the Hearing (For SLMD 3 & 4, PMD 6A, B & C, 7, 8 & 9) open; there being no appearances, the Hearing was closed. Mayor questioned if the tennis club area is in Area #1; stated that the lights are in disrepair; and that there were discussions regarding a whole new lighting system. Director of Public Works/City Engineer stated that there are plans for the future regarding the lighting issue; that staff is proceeding on a parallel tract, and will schedule a neighborhood meeting in September to discuss replacing the lighting system; that the current system is over 40 years old; that an election will be required to make changes to the current system; that ballots will be sent out and then there will be a public hearing to determine if the area wants the improvements and the ensuing costs. Councilmember Mills questioned on Parkway Maintenance Districts, who holds the maintenance people responsible; is there a review process of maintenance; and questioned if there is a plan for replacement of some of the materials. Director of Public Works/City Engineer stated the contract is handled by the Facilities Department; and that they oversee the performance of the work. Council Minutes 07-17-02, Page 12 Councilmember Mills stated that material is missing and some plants have died, and not been replaced; and that maintenance needs to retain the original standards. Res (8) 20409, 20410, 20411, 20412, 20413, 20414, 20415 and 20416 as recommended were presented, after which, it was moved by Hodges, seconded by Reller-Spurgin, and carried unanimously that R20409 — 20416 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: 18. INDIAN CANYON DRIVE/PALM CANYON DRIVE TWO WAY CONVERSION Recommendation: That the Council approve and adopt the plans, specifications and working detail and authorize advertisement for construction bids; approve a Reimbursement Agreement with the Community Redevelopment Agency for an amount not to exceed $260,000; and authorize the City Manager to award construction contract in an amount not to exceed $575,000. CP02-01. A4539. Res 20417 and 20418 as recommended were presented; after which, it was moved by Hodges, seconded by Mills, and carried unanimously that R20417 and R20418 be adopted. 19. AIRPORT FUND CAPITAL PROJECTS FISCAL YEAR 2002-03 BUDGET AMENDMENT Recommendation: That the Council approve an amendment to Fiscal Year 2002-03 budget in the amount of $400,000 to increase the Airport's Roadway Plaza Landscaping from $250,000 to $650,000. Deputy Director of Airports reviewed the staff report; no further report was given. Res 20419 amending the budget was presented; after which, it was moved by Oden, seconded by Hodges, and carried unanimously that R20419 be adopted. 20. OPEN SPACE DEDICATION Recommendation: That the Council approve an Exchange Agreement with Galway Trust exchanging 68 acres of City-owned land for 68 acres of Trust owned land, with permanent open space restrictions being recorded against both properties. A4540. Director of Community & Economic Development reviewed the staff report Councilmember Mills questioned if"no build" includes fencing. Council Minutes 07-17-02, Page 13 Councilmember Hodges questioned why we are doing this if both properties are open space. Director of Community and Economic Development stated that the owner of the property adjacent to land in the mesa has the desire to insure that no one can build above him; that the City has told him it is dedicated open space; that he is concerned that sometime in the future the City could sell to someone else; and this land swap overall is acceptable, and accomplishes an additional 68 acres of dedicated open space land. Councilmember Hodges questioned if the City owns property dedicated for open space, why would it be sold; and stated that this sends a bad message. Director of Community and Economic Development stated that other communities have done that and the property owner is looking for protection; if property is dedicated to open space in grant deeds, it would be very difficult to unwind the grant. Mayor requested Paul Selzer to come to microphone to clear up some confusion. Paul Selzer stated that it is not a question of the City selling the property; that it could be that the City and the original owner of reverter could agree that the land could be developed; that the net effect is 68 additional acres of open space for the City; and that the restriction is "no construction or development of any kind", which includes fences. Res 20420 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and carried unanimously that R20420 be adopted. 21. ZONING ORDINANCE FOR SECOND READING &ADOPTION (Intro 7-3-02) Ord 1615 amending the Zoning Map was presented; after which it was moved by Hodges, seconded by Mills, and carried unanimously that 01615 be adopted. 22. COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council amend the Comprehensive Fee Schedule related to landside commercial access fees used at the Palm Springs International Airport. Deputy Director of Airports reviewed the staff report. Councilmember Mills stated there is no problem with the fee structure; and questioned the Ground Transportation description, and why maintenance is an issue. Deputy Director of Airports stated security cameras will be added; and there are meetings scheduled with the operators to discuss the situation. Res 20421 as recommended was presented; after which, it was moved by Hodges, seconded by Mills, and carried unanimously that R20421 be adopted. Council Minutes 07-17-02, Page 14 23. TENNIS CENTER LEASE Recommendation: That the Council approve leasing the northern undeveloped portion of the Palm Springs Tennis Center to the Palm Springs Tennis Club Owners Association for a period of 8 years and 3 months for $150.00 per year for property located at 1300 East Baristo Road. City Manager withdrew item. 24. DOWNTOWN PARKING STRUCTURE Recommendation: That the Council award trade contracts for construction of the downtown parking structure. City Manager withdrew item. 25. 2002 PALM SPRINGS MOTORCYCLE & HOTROD WEEKEND Recommendation: That the Council consider temporarily suspending certain regulatory Ordinances to facilitate the 2002 Palm Springs Motorcycle & Hotrod Weekend for the period of October 11 — 13, 2002. City Manager reviewed staff report. Councilmember Oden stated that this item was discussed in Study Session and direction was given; that it is now brought forward for a vote of Council, which is the method used to make any formal determination of an issue; that this is not a waste of time; that the community is given the ability to respond; and that the City has a tourism based economy. Councilmember Oden further stated that to tell the No. 1 sales tax event to go away is a dangerous thing to do; that security is paramount, and alternatives were not considered on making the event more safe; that the first line of defense should not be elimination; that the City welcomes and celebrates diversity, and should strive for the safety of all events to make sure we maintain the stream of our economy. Councilmember Mills stated that Palm Springs is more than a business, it is also here for the residents; that the Chief of Police publicly said that the Police Department can not protect the citizens of the City in this situation; that the citizens safety should not be jeopardized for dollars over safety; and that he would not be supporting the motion. Councilmember Reller-Spurgin stated her continued support of the opinion of the Police Chief regarding the safety of the event, and therefore would not be supporting the motion. Councilmember Oden stated that we act as if life offers guarantees; and questioned if something happened at Villagefest, would we close it. This is not about money, the argument is how do we provide for the city. Council Minutes 07-17-02, Page 15 The resolution to suspend the noise ordinance as recommended was moved by Oden, seconded by Hodges, and failed by the following vote: AYES: Councilmember Oden NO: Councilmembers Hodges, Mills, Reller-Spurgin and Mayor Kleindienst ABSENT: None. 26. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 27. Treasurer's Investment Report as of May 31, 2002-Received and filed 28. Board/Commission Appointments a) Human Rights Commission (1) Term 6-30-03-Charles Boyd b) Airport Commission (1) Term 6-30-03-Kenneth Sherman PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. BARBARA J. WHITE Assistant City Clerk PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES OCTOBER 2, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, October 2, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and a Moment of Silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 27, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Association of Public Treasurers Award — Sharon Ainsworth HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Reverend Jerry Johnson, Lilly of the Valley of God in Christ, stated that the ruling of the California Court of Appeals regarding invocations at Council Meetings was disastrous; and requested his name be removed from the City's list of invocators. Joy Meredith, President of the Merchants Association, stated that the Rocktoberfest is in full swing and invited the Community to partake in the events. APPROVAL OF CONSENT AGENDA: Assistant City Manager withdrew item 7. It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that Items 1 thru 11, excluding 4 be adopted. 1. Approval of Minutes: July 3, August 7, 21, September 4, 10, 18 and 19, 2002. 2. MO 7166 amending the Master Bail Schedule modifying the bail for violation of Palm Springs Municipal Code Section 11.56.070 regarding curfew. 3. Res 20469 ratifying emergency procurement by the City Manager for temporary procurement of mobile office space for the Transportation Security Administration located at the airport in the amount of$50,000. 4. SEE EXTENDED CONSENT AGENDA Council Minutes 10-02-02, Page 2 5. MO 7167 approving Amendment #1 to A4366 Memorandum of Understanding with Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, and Rancho Mirage; the County of Riverside; the Coachella Valley Association of Governments; the California Department of Fish and Game; the US Fish and Wildlife Service; and Center for Natural Lands Management regarding measures to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard. 6. MO 7168 authorizing the City Manager to contract with the California Highway Patrol for Special Event staffing for fiscal year 2002-03. A4574. 7. MO ----- approving Change Order #1 to A4544 with Granite Construction for the addition of Andee Drive between Sonora Road and East Palm Canyon Drive, to the Citywide ARHM overlay project for an increase of $47,605. Total contract $223,781,17. CP02-01. Withdrawn. 8. MO 7169approving and adopting the plans, specifications and working details, and authorize advertisement for construction bids for the Sunrise Way Traffic Signal Interconnect Project. CP01-14. 9. MO 7170 approving contract with HMS Construction Inc. for the Citywide Traffic Signal Loop Replacement project, Bid Schedule A through C, for $47,906. CP01-22. A4575. 10. MO 7171 approving settlement agreement with Lanny Swerdlow regarding Swerdlow vs City of Palm Springs and J. Booth EDCV 01-00829 VAP (SCLz). A4576. 11. Res 20470 and 20471 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 980101 C. Kell-Smith Business Related 980227 T & M Constr. 980230 Tenet Reller-Spurgin 980220 Spurgin Spouse EXTENDED CONSENT AGENDA: 4. AIRPORT TERMINAL BUILDING Recommendation: That the Council ratify emergency construction contracts with James E. Simon Co for $80,000 and Chris W. Foster Inc for $20,000 for terminal building remodel work for implementation of explosive detection systems located at the Airport. A4572, A4573. Councilmember Mills questioned if the Planning Commission and/or Design Review reviewed the plans. Council Minutes 10-02-02, Page 3 Director of Planning & Zoning stated that staff reviewed the plans; that the details of the plans are similar to existing expansions; and that once the project is completed one will not be able to discern the new remodel. Resolution 20472 was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously approved, that R20472 be adopted. PUBLIC HEARINGS: 12. ORDINANCES FOR SECOND READING &ADOPTION (Intro 9-4-02) Recommendation: That the Council conduct a public hearing regarding the adoption of the Building and Fire Codes. Mayor declared the Hearing Open; there being no appearances, the Hearing was closed. City Clerk read Title of Ordinance 1618 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA BUILDING CODE WITH APPENDICES CHARTER 3, DIVISION IV, 4 DIVISION 11, 12, DIVISION 11A, 15, 18, 31, DIVISION II AND III, 33 AND 35, DIVISION III. THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA ELECTRICAL CODE, AND THE 1997 EDITIONS OF THE UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND THE UNIFORM ADMINISTRATIVE CODE. and City Clerk read Title of Ordinance 1619 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE PALM SPRINGS MUNICIPAL CODE, CHAPTER 11.02, ADOPTING BY REFERENCE THE "2001 CALIFORNIA FIRE CODE" INCORPORATING AND AMENDING THE 2000 UNIFORM FIRE CODE VOLUMES 1 AND 2, INCLUDING ALL SUPPLEMENTS AND APPENDICES THERETO, WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that further readings be waived and Ordinances 1618 and 1619 be adopted. 13. BIENNIAL CONFLICT OF INTEREST CODES - AMENDMENTS Recommendation: That the Council receive for filing biennial reports required by the Government Code concerning status of departments/boards/commissions conflict of interest codes; and approve amended codes for specified departments. Council Minutes 10-02-02, Page 4 Assistant City Manager reviewed the staff report. Mayor declared the Hearing open; there being no further appearances, the Hearing was closed. Minute Order 7172 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7172 be adopted. 14. APPEAL— CASE 3.2198 —231 OASIS ROAD —JIM REINMUTH On August 28, 2002, Councilmember Mills appealed the Planning Commission decision for architectural approval of Case 3.2198 to construct a new 40 x 60 storage building, located at 231 Oasis Road, Zone M-1, Section 34, Applicant: Jim Reinmuth. 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. Councilmember Mills stated that the item had been considered by the Planning Commission; that in the past it has been the policy of the City to disapprove of standard metal buildings; that the developers have been required to go a notch higher and in some cases it was at considerable expense; that there are M1 and M2 properties in the City that exceed the appearance of other City like zoning and in fact in the State; that the modifications needed would not be difficult on a building of this size; that the total cost for improvement would be less than an Architectural Appeal; that the approval was not consistent with the past policy on these types of projects; that to maintain a business friendly attitude and to be fair to those who have had to meet the past criteria is why this appeal was filed. Councilmember Oden questioned if the appeal is based on aesthetics or safety issues. Councilmember Mills stated aesthetics. Councilmember Hodges questioned the additional cost to the developer. Councilmember Mills stated in comparison to the masonry wall the developer is required to build, the cost would be comparable; that a plaster weight and paint could be used instead of masonry to contain the cost. Councilmember Hodges questioned the appearance of the applicant. Director of Planning & Zoning stated the project has been through design review and the Planning Commission; that the applicant did not appear at one of the meetings; and that the matter could be continued to contact the developer to determine if there are any issues. Council Minutes 10-02-02, Page 5 Councilmember Hodges stated if the cost would be the same, the developer might be willing to adjust the plans. Councilmember Oden stated that the item was reviewed in Architectural Review and the Planning Commission and the recommendation did not come forward; that the Commissions are set in place to review these types of plans; that the determination is made by people of the community who understand the history of the City; that these types of requirements may be the reason why development in this area is sparse; and that it would be recommended to allow the Planning Commission decision to stand. Director of Planning & Zoning stated that both review bodies did consider the past practice, but that the determination was based on the size of the building and the setbacks involved; that both review bodies are somewhat new to these types of buildings; that Fountain Gas did construct a metal building and was required to stucco the outside and that it would be difficult to justify the reasoning of requiring one applicant to comply and the other not. Councilmember Hodges stated that is the cost is the same; the requirement should be no problem, but that if it would be more costly, then the design should be reexamined. Mayor stated that the City has had a history of raising the bar on a project; that the City has required aesthetically pleasing buildings in the past and has not allowed metal buildings; that the designer of this project is known and can do a respectable job; that if the metal building is approved, a new standard is being set in the Community; and that the current standards of the City should be maintained. Councilmember Oden stated that there is a point where the bar needs to end; that a focus of Code Enforcement has been on the area and that there have been some improvements; that this is an industrial area; that the area should be allowed to be what it is; and that the infrastructure needs to be improved. Councilmember Hodges stated that contact should be made with the applicant to determine if there are any issues. City Clerk clarified if the Motion was to include the Hearing, it be continued to October 16, 2002. Council directed the Hearing be reopened and continued to October 16, 2002 with letter or appearance of applicant stating the position on the appeal. 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 10-02-02, Page 6 LEGISLATIVE ACTION: 15. PASSENGER FACILITY CHARGE FUND 2001-02 BUDGET AMENDMENT 2002-03 BUDGET AMENDMENT Recommendation: That the Council approve two budget amendments to move Passenger Facility Charge (PFC) revenues from the PFC Fund to the Airport Fund to cover debt payments. Fiscal Year 2001-02 for $450,000; fiscal year 2002-03 in an amount not to exceed annual debt service. Executive Director — Airports reviewed the staff report, no further report was given. Resolution 20473 and 20474 amending the budgets were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20473 and 20474 be adopted. 16. ORDINANCE FOR SECOND READING &ADOPTION (Intro 9-18-02) City Clerk read Title of Ordinance 1620 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CITY SUBDIVISION ORDINANCE, after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that further reading be waived and that Ordinance 1620 be adopted. 17. CONVENTION CENTER EXPANSION PROJECT Recommendation: That the Council approve a construction management contract with Turner Construction for construction management to the expansion of the Convention Center for Phase I for 11.4% of construction cost and Phase II (subject to outcome of November 5, 2002 election) for 9.5% of construction cost. A4577. Executive Director— Airports reviewed the staff report and added that there is an alternate Minute Order available for Council consideration that awards the 1st Phase at a higher fee, but that should the Measure on the November, 2002 ballot fail and Phase II is added, the fee would be reduced on the 1s` Phase to the original offer. Councilmember Mills questioned if value engineering is a part of the package. Executive Director—Airports affirmed and added that once the architectural work starts on Phase 11, value engineering is needed and is a part of the contract. Mayor stated the downtown parking structure does have a City representative and questioned if one would be needed for this project. Council Minutes 10-02-02, Page 7 Executive Director — Airports stated that one would be needed for the Phases due to the size and complexity of the project; and that the Council will be requested to amend Mr. Fontana's contract regarding the matter in the future. Minute Order 7173 as revised, was presented; after which, it was moved by Oden, seconded by Mills, and unanimously carried, that MO7173 be adopted. 18. ARENAS ROAD HALLOWEEN COSTUME PARTY Recommendation: That the Council sponsor the Arenas Road Halloween Costume Party and suspend certain regulatory Ordinances during the October 31, 2002 event. Mayor expressed the desire that more downtown blocks hold as much celebratory events as the Arenas Road block. Minute Order 7174 and Resolution 20475 as recommended were presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7174 and R20475 be adopted. 19. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Councilmember Oden requested a report on the monitor located at the Airport taxi holding room. 20. Removal of Parks & Recreation Commissioner—James McClure Councilmember Oden questioned if contact had been made with the Commissioner. City Clerk stated that the Department had submitted a memorandum requesting the removal and that the Department Secretary stated that calls were not returned. Motion to removed Commission James McClure from the Parks & Recreation Commission was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that Commissioner McClure be removed. 21. Treasurer's Investment Report—August 31, 2002. Received and Filed Council Minutes 10-02-02, Page 8 PUBLIC reports or requests Pastor Tom Reitveld invited the Community to the 2Id Annual Bar-B-Que on October 12, 2002 at 6 p.m., location at the First Baptist Church on El Cielo. STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk