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HomeMy WebLinkAbout10/2/2002 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 3, 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 3, 2002, at 5:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden and Mayor Kleindienst Absent: Councilmember Reller-Spurgin The meeting was opened with the Salute to the Flag, and an invocation by Reverend James G. Griffes, Palm Springs Presbyterian Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 28, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Swear in Police Chief Gary Jeandron HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: Percy Byrd, Indian Wells, requested item 21 be approved in cooperation with other valley cities; that approval of the item will allow the citizenry of Palm Springs to decide whether it chooses to have alternative electrical provider and added that the City could also participate in writing the language for the ballot question. Councilmember Mills exited the meeting Mark Hunter, Palm Springs nightclub owner, expressed disappointment over the Council denial of Biker Weekend and stated that the event did bring revenue to the City and that it is important to welcome all tourists to the City. Councilmember Mills reentered the meeting. Joe Foster, no address given, stated that the previous City Manager did refuse to allow police response to calls for help and that alarm permits should not be required to be paid if there is to be no response. Council Minutes 07-03-02, Page 2 The following persons spoke in support of Hot Rod and Biker Weekend: Mary Jo Ginther, Hyatt Regency Casey Jones, Palm Springs Charlie Robles, Palm Springs Dwayne Durabell, no address given The following persons spoke in support of Item 21: David Brinkman, Palm Springs Sonja Marchand, Cathedral City The following persons spoke in opposition of Item 21: Gary Green, Southern California Edison Katheryn DeRosa, Cathedral City Jerry Shoresucker, Palm Springs APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Mills, and unanimously carried, Reller- Spurgin absent, that 1 through 13, excluding 9, be adopted. 1. Minutes of May 29, June 5, and 12, 2002 2. Res 20381 authorizing the Federal Aviation Administration to release land for sale known as the Palm Springs Unified School District Operations & Maintenance Facility located on approximately 4.7 acres within the Palm Springs International Airport boundary. Mills Abstain. 3. MO 7111 approving acceptance of Grant from the Riverside County Economic Development Agency for a business visitation program for $21,000; and MO 7112 approving an agreement with the Economic Development Corporation for implementation of the business visitation program for $16,000. A4525. 4. MO 7113 approving Amendment 3 to A3562 with the Coachella Valley Association of Governments for the Mid Valley Parkway Phase 1 construction project, by reducing final project costs by $256,238. Final contract $15,490,762, CP94-19. 5. MO 7114 approving supplement M012 to A1459 with Caltrans for Belardo Bridge & Roadways Construction Project for $3,000,000, fully Federal funded. CP87- 49. 6. Res 20382 approving Final Map 30453 for Sanborn A & E, Inc representing Heavenstone Collections, LLC, to subdivide properties located at 510 and 540 Indian Canyon Drive, T4S, R4E, Section 11. A4526. 7. Res 20383 approving Final Map 30313 for condominium purposes for Mainiero, Smith & Associates, Inc representing Palm Springs Modern Homes I, LLC, to subdivide property located at 705 Arenas Road, T4S, R4E, Section 14. A4527. Council Minutes 07-03-02, Page 3 8. MO 7115 approving and adopting the plans, specification and working details, and authorizing advertisement for construction bids for the Citywide ARHM Overlay Project, CP02-01. 9. SEE EXTENDED CONSENT AGENDA 10. MO 7116 ratifying May 1, 2002 Closed Session approval of settlement agreement with Steven Adams. A4528. Copy on file in Office of the City Clerk. 11. MO 7117 ratifying May 1, 2002 Closed Session approval of settlement agreement with Lisa Young. A4529. Copy on file in Office of the City Clerk. 12. MO 7118 concurring with Community Redevelopment Agency regarding the approval of agreement with Jerry A. Ogburn dba REDAC2 for the continuation of the Village of Palm Springs Development Center for fiscal year 2002-03 for $150,000. See CRA-C. 13. Res 20384 and 20385 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 977550 T & M Construction Business related 977558 John Trueblood Business related EXTENDED CONSENT AGENDA: 9. CITY ATTORNEY SERVICES-BURKE, WILLIAMS & SORENSON Recommendation: That the Council approve an agreement with Burke, Williams & Sorenson, LLP to provide City Attorney services for a term ending fiscal year 2003-04. Councilmember Oden stated that the evaluation should be conducted before the consideration of the contract. Councilmember Hodges stated there is opportunity to conduct the evaluation at the next study session; that the City Attorney will be on vacation at that time, but it would not affect the review. City Manager withdrew the item. Council to evaluate in Closed Session of July 11, 2002. PUBLIC HEARINGS: 14. TTM 30568 — CASE 5,0905— PD274 CREATIVE COMMUNITIES LLC. Recommendation: That the Council order the filing of a Negative Declaration and approve Tentative Tract Map 30568, Case 5.0905 and Planned Development District 274, subject to conditions, to subdivide 8.42 acres into 63 lots located at the southwest corner of East Palm Canyon Drive and Araby Drive, Zone R-3. RGA6, Resort Overlay, Section 25. Applicant Creative Communities LLC. Council Minutes 07-03-02, Page 4 Director of Planning & Zoning reviewed the staff report and visual plans located in the Chamber. Councilmember Mills questioned the status of the flood_ control project for the development. Associate City Engineer stated that the project is in design and is part of the capital improvement project program; that there is no start date at this time, but that the project will be considered as a stand-alone. Councilmember Hodges questioned if the frontage road in front of Le Peep would be continued to Araby Road. Director of Planning & Building stated that consideration is being given to eliminating the frontage portage; that the easement would terminate at the property lines; that the ingress and egress is being evaluated with thought to the looping the road back to the parking lot. Councilmember Hodges questioned if the renderings are two stories. Director of Planning & Building affirmed. Mayor declared the Hearing open. Marvin Roos, Mainero, Smith & Associates requested approval of the project and added that the parking spaces does exceed the requirement; that it is requested to close the frontage road; that it is recommended that rather than using mounding or berms for drainage, the landscaping be enhanced to fulfill the same purpose with better aesthetics; that the streetscapes are being detailed with final approval to be by the Planning Commission; that it is requested that the parking condition be deleted due to miscount and that the street be required at 265 feet wide for bay parking; that the project did provide an urban feel and that Condition 29 is met per Code and Condition 31 is addressed in the plans. There being no further appearances, the Hearing was closed. Councilmember Hodges questioned if the parking is per Code. Director of Planning & Building stated that the project as designed does meet all Codes; that the concern was that our parking codes do not require enough parking; that the plans as shown will exceed the requirements, and that Condition 31 could be left in or deleted as the Council desires. Councilmember Hodges stated that this is one of several projects where parking is of concern; that the City must be careful not to short itself of adequate parking areas. Director of Planning & Building stated that each unit does have a 2-car garage; that there are 18 guest spaces on the side of the building with a total of 54 possible guest parking spaces; that if guests also park in front of the garage areas there could be ample parking. Council Minutes 07-03-02, Page 5 Councilmember Hodges questioned if the neighborhood had been met with and what was the height of the proposal. Director of Planning & Building stated the neighborhood was noticed with only three people appearing and that the height is set at 24 feet. Councilmember Mills stated that the flood control issue is of concern; that there is opportunity to berm up at the street or sidewalk so that the street scape is a mounded experience; that the parking is not of issue and that the CC&R's could contain a provision to allow guest parking in front of the garages; that Condition 3 is of importance so that the quality of look at the rear matches the quality of look at the front; and questioned if the frontage road would be gated; and that overall the project site plan does work well. Director of Planning & Building stated that the intent is to allow emergency ingress points only; that it has been felt that the main entry should be on Araby Road; and that when the La Peep plans were originally approved the drive was on an interim basis. Councilmember Mills stated that the entry off Araby could be gated and used by residents only and that the opening on East Palm Canyon could be closed. Mayor stated that additional information is needed on the ability for the County to expedite the project; that it would be beneficial if the project was bermed; that the drainage must be facilitated; and that it would be best if a right turn lane off Araby was in place. Director of Planning & Building stated that Traffic Engineering could study the right turn lane. Mayor stated there is benefit to having a right turn lane and questioned if there would be a pedestrian crossway; and whether on the west side entry is limited to private use or convenience of use; and added that the Fire Department typically recommended 2 access points; that the palate of materials and the details of the plans are good and that overall ownership versus apartments is better for this project. Councilmember Mills questioned if there is additional parking on the streets and if the streets are 26 feet wide. Director of Planning & Building stated the streets are 28 feet wide and parking will be allowed; that the width of the street did meet Planning Commission concerns; and the suggestion of a right hand turn lane to be required will be considered. Councilmember Hodges stated the project should be approved, and the resort overlay zone does need to be reviewed, in that it may be hindering development of the area. Resolution 20386 as revised was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that R20386 be adopted. Council Minutes 07-03-02, Page 6 15. CASE 5.0912 UDO KIERSPE ZONING MAP ORDINANCE AMENDMENT Recommendation: That the Council consider adoption of a Zoning Map Amendment to rezone a .99 acre parcel from O, Open Space to R-1-C, Single Family Residential, for property located at 2555 Via Miraleste, Zone O, Section 2. APN 501-590-007. Applicant Udo Kierspe. Director of Planning & Zoning reviewed the staff report. Mayor declared the Hearing open. Udo Kierspe, applicant, stated that the building will be converted to a single family residence; that it will be an asset to the City; and that the home will be used on a full time basis. There being no further appearances, the Hearing was closed. Councilmember Mills clarified that the use of the lot will be for single family residential and not for subdivision of the lot. 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 O (OPEN SPACE) TO R-1-C (SINGLE FAMILY RESIDENTIAL), FOR ASSESSORS PARCEL NUMBER 501-590-007, LOCATED AT 2555 VIA MIRALESTE, ZONE O, SECTION 12 after which, it was moved by Hodges, seconded by Oden and unanimously carried, Reller-Spurgin absent, that further reading be waived and Title of Ordinance be introduced for first reading. 16. CASE 5.0910— PD277— COACHELLA VALLEY HOUSING COALITION Recommendation: That the Council approve Case 5.0910, Planned Development District 277, subject to conditions, to allow 66 apartment units on 7.73 acres located northwest of the intersection of Sunrise Way and San Rafael Drive, Zone PD116A, Section 35. Applicant Coachella Valley Housing Coalition. Director of Planning & Zoning reviewed the staff report and visual site plans on display in the Chamber. Mayor declared the Hearing open. Reuel] Young, Architect, stated availability for questions regarding the project and requested approval. There being no further appearances, the Hearing was closed. Director of Planning & Zoning stated there was one letter of opposition received from Susie Lopez, copy on file in Office of the City Clerk. Council Minutes 07-03-02, Page 7 Councilmember Hodges questioned the number of entries and exits of the project. Director of Planning & Zoning stated that there are three access points and one emergency access point; that eventually the entry on Sunrise Way will be prevented when the median is installed and that the ideal is to limit the egress and ingress to the project. Mr. Young stated that the issue of entry was to control access; that there is concern of the transition of a public street to a private street and the liability it entails; and that the overall decision was based on what was the most desirable impact on the project. Mayor questioned if the project at Coyote Run is gated. Mr. Young stated that the project is fenced but not gated; that the project is similar to the matter being discussed; that the access is of concern; that at the southern end of the project a community building was added as requirement of the project and will be a dedicated City Park. Councilmember Hodges stated that the liability between public and private is not clear; that the most important issue is easy access to the people; that to force the residents to go out of the way to enter the complex is not good; that the median is not needed and should not be required and that it is clear that it would be easier to move people in and out of the complex without the median. Councilmember Mills questioned the access to Building A. Mr. Young stated that the front of all buildings face inward; that there is a mix of apartments and all the buildings come together to form a courtyard type effect. Motion to approve the project with the elimination of medians was presented by Councilmember Hodges and died due to a lack of second. Councilmember Oden questioned the purpose of the median from an engineering standpoint. Director of Planning & Zoning stated that the General Plan does encourage the use of the median; that some of the streets are offset and will be removed; that the developer will be required to pay its fair share of the median costs; that the development plans with the median have been approved by the Planning Commission and both the Burnett Development and Coyote Run developers have agreed to split the costs. Councilmember Oden stated that use of medians could be enhancing, but that the history of Palm Springs does not indicate that the medians continue to be maintained. Mayor stated that this particular median is located on property in which the City can control, and that the medians that are not maintained are under the control of another entity. Council Minutes 07-03-02, Page 8 Resolution 20387 as recommended was presented; after which it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that R20387 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: 17. ORDINANCES FOR SECOND READING & ADOPTION (Intro 6-19-02) City Clerk read Title of Ordinance 1613 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 271 (PD-271) WITHIN THE CANYON PARK RESORT AND SPA SPECIFIC PLAN AMENDMENT AREA FOR A 29.54 ACRE AREA INCLUDING ZONES R- 1-B, W-R-1-B, SP-1 FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-B, W- R-1-B, SP-1 ZONE, SECTION 25 and City Clerk read Title of Ordinance 1614 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 276 (PS-276) APPLICATION BY ARCHITECTURAL PROPERTIES FOR THE SUBDIVISION OF 35,554 SQUARE FEEL OF LAND INTO 5 LOTS LOCATED AT 772 PRESCOTT DRIVE, R-2 ZONE, SECTION 10 after which, it was moved by Oden, seconded by Hodges, and unanimously carried, Reller-Spurgin absent, that further reading be waived and that Ordinances 1613 and 1614 be adopted. 18. TENNIS CENTER LEASE — 1300 EAST BARISTO ROAD Recommendation: That the Council approve a lease with Palm Springs Tennis Club Owners Association, for the development and operation of a Tennis Center on the northern undeveloped portion of the Palm Springs Tennis Center property, for a term of June 1, 2002 to August 6, 2010 for a rental of$150.00 per year, located at 1300 Baristo Road. A-----. (In a form acceptable to City Attorney) City Manager withdrew the matter. Council Minutes 07-03-02, Page 9 19. FISCAL YEAR 2001-02 CONTINUING APPROPRIATIONS Recommendation: That the Council authorize the continuation of appropriations from the fiscal year 2001-02 budget for projects not yet completed. Director of Finance & Treasurer reviewed the staff report, no further report was given. Councilmember Mills stated conflict due to business clients. Resolution 20388 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, Mills abstaining and Reller-Spurgin absent, that R20388 be adopted. 20. DOWNTOWN PARKING STRUCTURE Recommendation: That the Council approve trade contract with Berger Brothers, Inc., for metal stud framing and plaster for the Downtown Parking Structure, Bid Package #13, in the amount of$178,130. A4530. Director of Procurement & Contracting reviewed the staff report. Mayor questioned the status of movement of utilities with Southern California Edison. Director of Procurement & Contracting stated that Mr. Fontana would be updating the progress of the project in the upcoming week. Mayor stated that a comprehensive report should be given to the Council; that at this point the Council does not have a handle on the status of the project; that there is a lot of movement and that the Council should be kept informed. Minute Order 7119 as recommended was presented; after which, it was moved by Mills, seconded by Hodges and unanimously carried, Reller-Spurgin absent, that MO7119 be adopted. 21. 2002 SPECIAL MUNICIPAL ELECTION Recommendation: That the Council consider placing a measure on the November 2002 ballot regarding the formation of and membership to the Coachella Valley Public Power Authority. City Attorney stated the issue is whether or not to place the measure on the ballot and whether there is desire to participate in the drafting of the ballot language. Councilmember Oden stated that it is important to participate in the language, if the Council desires to move ahead; that caution should be used, however, in promising the citizens something that cannot be done; and that it may be in the best interest to evaluate a counter proposal from Southern California Edison. Mayor stated a letter had been received from Southern California Edison's offering a third party evaluation of its rates; that there are a number of ballot Council Minutes 07-03-02, Page 10 measures that the City may have due to initiatives; that if authorization is given, the City must participate in development of the ballot language; that it will be imperative to know the vehicle that will be used to lower rates; and that the benefits are not clear at this time, there is willingness to continue the investigation. Councilmember Hodges stated that there are many "if's" to the proposal; that currently there is not enough information to make a decision; that SCE is not a reasonable seller; that without a reasonable seller the process will be long and costly; that there is a variance between the value that has been determined by SCE and CVAG; that there is concern on what the eminent domain price will be; and that while there is willingness to place the measure on the ballot, it will be as an advisory vote only and the Council will not be held to the outcome of the vote. Councilmember Mills concurred with the Council; and added that there are many unknowns and consequences to the issue; that it is not clear what the advantage to the City is; that none will disagree that the present electrical rates are a deterrent; that the City is not yet at the point with fact finding to make the decision to place the measure on the ballot; that the direction seems right, but that right now formulation of where the issue is going needs to be determined. Mayor stated that the advisory vote is not needed for the Council to move forward; that given the time constraints it may be best to allow the process to proceed in the reduction of rates. Councilmember Oden stated that if the consensus is not to go to the ballot, then direction is needed for CVAG. Percy Byrd, stated that there is a liability in not proceeding forward; that the Council could direct the measure for the ballot, but not join the JPA; that there is no obligation or liability on the part of the City if it does not join the JPA and that even with joining, the liability is limited. Councilmember Hodges questioned who would pay for the eminent domain. Mr. Byrd stated that the funds are raised by the JPA; that those who choose not to participate are not required. City Attorney advised that that the start up cost would exceed $200,000 for just bid specs and the like, and does not include the costs for litiagation. Kathleen DeRosa, SCE, stated that when the City of Palm Springs originally evaluated the idea of alternative power there was not a vote of the people and that there is no vote of the people needed at this time; that there is apology extended to those on the Council who did not get the correspondence from SCE and that should the Council direct forums to be held, SCE is willing to participate with the City. Gary Green, SCE, stated that the third party review will be fully funded by SCE with no costs to be borne by the City; that the estimate in legal fees to take over SCE territory does exceed $10 million; that SCE is not a willing seller and that position is being made clear to all the valley cities. Council Minutes 07-03-02, Page 11 Councilmember Hodges stated that there is a deadline of August 9, 2002 for ballot measures; that there is a lot of study to be done before that decision can be made; and that the third party study and construction of the ballot language would be agreeable to start. Mayor questioned if it is the intent of the Council for the City Attorney to assist in the ballot language. Councilmember Hodges stated that CVAG should draft the language and all Cities should be able to edit and provide input. Mayor stated that information is needed, but that to add a measure to the ballot may give the citizens the idea that they are going to get rate reductions on electricity; that a ballot measure may cause confusion; that there is not enough time to conduct forums to inform the citizens of Palm Springs; and that the Council should be careful not to send a message that could be misunderstood by the voters. Councilmember Oden stated that the Council realizes that the citizens would like a reduction in electricity costs; that a ballot measure is not needed to determine that issue; and that the role for the City has not been made clear in the process. Mayor stated that the issue of electrical rates is important; that the City Council does have the duty to get the information and make an informed decision; that the Council should not be pushed by a date; and that it is not the intent to drop the issue, but for the City to be able to obtain needed information. Councilmember Hodges questioned if the SCE letter to city council members offered to pay for a third party review. Mayor stated that the letter offered to split the costs and that the letter was copied to all Members of the City Council. Katheleen DeRosa stated that the letter was sent to all valley cities and to CVAG. City Attorney stated that the item listed on the agenda is for consideration of the ballot measures, not for approval of the SCE independent study. Motion to deny the request for calling special election for ballot measure was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that the Motion be adopted. 22. SPECIAL EVENT FOR SEPTEMBER 11 Recommendation: That the Council consider waiver of fees for a special event in memory of events from September 11, 2001. Fire Chief stated that in conjunction with the Red Cross, an event is being planned in memory of September 11, 2001; that the event will be of patriotic theme; that the duration should be 60-90 minutes; and that the recommendation is to waive the fees for use of the Palm Springs Stadium for the event. Council Minutes 07-03-02, Page 12 Mayor stated that the question has been raised on what to do to memorialize 9- 11; that the goal is to find a place to find comfort; that there will be many events happening, but the waiver of fees would be helpful; and that there is not a lot of information at this time as the event is unfolding. Councilmember Mills stated that support should be given to the effort and that waiving of the fees for use of the stadium is a minor contribution for the event. Councilmember Hodges questioned if the event is City sponsored and would the City be asked for more support; and added that this event should not be planned with the rest of the Council in a vacuum; that the Mayor is involved, staff is involved, and that it is not right for the rest of the members of the City Council to be uninformed on the event. Mayor stated that the Red Cross is coordinating the event, that the Fire Chief is a member of that Board; that the Red Cross developed the idea; that other venues were looked at and that the site of Palm Springs Stadium was requested. In clarification of the event Fire Chief stated that the Red Cross is sponsoring the event; that the program is not being put on by the City of Palm Springs; that participation was due to being a Board Member of the Red Cross; that other Communities in the region are being brought on board in an effort to bring all the Communities together. Mayor stated that the Red Cross members could be asked to present the matter at an upcoming Study Session if the Council desired; that the idea is to memorialize the event, that the involvement has been on a volunteer basis and that there is still time to have the organization brief the Council on the status of the proposal. Minute Order 7120 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Reller-Spurgin absent, that M07120 be adopted. 23. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 07-03-02, Page 13 24. Board & Commission Appointments: Mayor nominated Leslie Pricer to the Board of Coachella Valley Mosquito & Vector Control for one Term ending 12-31-03; after which, it was moved by Mills, seconded by Oden and unanimously carried, Reller-Spurgin absent, that the nomination be approved. Nominations for Airport and Human Rights Commissions to be considered on July 17, 2002. 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 AUGUST 7, 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, August 7, 2002, at 5:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Councilmember Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 2, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: California Highway Patrol to Palm Springs Officer Gustavo Araiza HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: None APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that Items 1 thru 6 be adopted. Review by City Manager of Consent Items to be clarified. 1. Res 20432 supporting passage of Measure A, the Countywide half-cent tax for local transportation project on the November 2002 ballot. 2. MO 7135 approving purchase order with Motorola 800 MHz Radio System for an additional one-year period fiscal year 2002-03 for $75,002. 3. MO 7136 approving contract with Granite Construction for Bid Schedule A through D for the Citywide ARHM Overlay Project for $176,176.17. CP02-01. A4544. 4. Res 20433 approving Final Map 29988 with Mainiero, Smith & Associates representing Desert Shadows III LLP, to subdivide property located at 1508 North Palm Canyon Drive, Section 10, T4S, R4E. A4545. Mills Abstain. 5. MO 7137 approving agreement with HUD for Fiscal Year 2002-03 CDBG Program in the amount of$625,000. A4546. Council Minutes 08-07-02, Page 2 6. Res 20434, 20435 and 20436 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 978427 Tenet Business Related 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: 7. DOWNTOWN PARKING STRUCTURE — SHADE STRUCTURE Recommendation: That the Council approve a purchase order with Birdair for sixteen (16) Birdair Boulevard BSS48 Teflon-coated fiberglass membrane shade structure units at a cost of $123,054. A project status report and budget update will be presented at this time. Executive Director — Airports reviewed the staff report and added that if at the end of the project there are funds remaining, additional allocation could be made to enlarge the shade structure; that the product does carry a 20-year guarantee and that bidding did include the right to purchase additional coverings at the proposed bid price. Minute Order 7138 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that MO7138 be adopted. 8. 2002 SPECIAL MUNICIPAL ELECTION Recommendation: That the Council call a Special Municipal Election to be consolidated with the General State Election to be held on Tuesday, November 5, 2002 to place four Charter Amendments concerning Council vacancies, Board & Commission appointments, Parking and Term Limits; and two measures concerning the Utility User Tax and Transient Occupancy Tax on the ballot; and consider authorization of certain of its members to file written arguments regarding each measure. City Clerk reviewed the staff report and added resolutions designating authors for arguments for each measure. Council Minutes 08-07-02, Page 3 City Attorney reviewed each resolution as recommended; and added that the initiative for the Transient Occupancy Tax does include funding for parks, entertainment, public arts; but that general or safety services can not be funded from the tax. Councilmember Reller-Spurgin stated the public should know that this is not a tax on the resident, but one that is paid when a hotel room is rented. Councilmember Mills stated if the measure includes what funds can be spent on, then prohibited funds should likewise be listed. City Attorney stated the question must be impartial and not influence the vote and for that reason care was given not to express any negatives in the ballot question. Councilmember Hodges questioned if the funding currently pledged to the Convention Center would be eliminated under the measure. City Attorney stated contracts that are currently in place would be required to be honored under the Constitution; that the question is whether the amount is identified as a pledge or if the funding is an equilivant. Councilmember Hodges questioned the allocation for the percentage to the CVA. City Attorney stated that there is a question on that issue; that if the amount is paid from the general fund, is it actually offset by TOT; and that another question would be whether the CVA is considered to be for local tourism. Mayor stated that the larger hotel would agree that the CVA does in fact encourage local tourism; that if the funding can not be found, the CVA would require a one year notice for withdrawal; and the year must be paid with no benefit to the City. City Attorney stated in each measure there is the opportunity for certain or all members of the Council to be designated as the primary authors for arguments. Councilmember Mills stated that although the City Attorney is advising not to use negative ballot questions, the question does need to include clear information to the voters that public safety expenses are prohibited. Councilmember Reller-Spurgin stated that it is important for the voter to know that it is the user of the hotel rooms that will be paying the tax, not the resident; that even though the residents do not pay the tax, the outcome is that they will be affected with the results and the impact on the quality of life in the City. Councilmember Hodges stated that the question should be impartial; that it is not the job of the Council to word the ballot question in such a way that the question is slanted. Council Minutes 08-07-02, Page 4 Councilmember Oden stated that the position of the Council should be to get the information out to the residents; that there is a need to understand what is being proposed; that while careful thought should be given to the ballot question, the City does not want to end up in a legal battle over whether the question was slanted or not; that the City Attorney has reviewed the question; that the question wording is recommended and that support should be given to the recommendation. Mayor questioned the last sentence of the ballot question. City Attorney stated when examining the question, it was determined that the measure is to encourage local tourism; that it also includes provisions for parks, entertainment, and public arts; that one may not think of those categories, thus the wording was inclusive of the issues; that in the future the funds that the City now designate, may be shifted to cover other areas; and that foremost the ballot question was balanced to indicate impartiality. Mayor stated that what is excluded should also be indicated if the question is going to designate what is included. Councilmember Oden recommended deletion of the last sentence of the recommended wording of the ballot question. Councilmember Mills stated that if the wording was removed, it might be that someone could accuse the City of not putting in all the facts that are pertinent to the measure. City Attorney stated that it would be better to delete the wording rather than add to the question. Consensus of Council for all members to be designated as primary authors for arguments against the measures. Resolution 20437 as revised and Resolution 20438 designating authors were presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20437 and 20438 be adopted. City Attorney reviewed proposed ballot wording for term limits and parking measures. Councilmember Hodges stated the question regarding term limits should include the words term limits also. Members of the Council concurred. City Attorney reviewed proposed ballot wording regarding the parking measure and added that the initiative did include regulations regarding valet parking; that upon review of the measure it was determined that there were no basic changes in how or when valet services operate and therefore no reference was included in the ballot question. Council Minutes 08-07-02, Page 5 Consensus of Council for all members to be designated as primary authors for arguments against the measures. Resolutions 20439 as revised and Resolution 20440 designating authors were presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that R20439 and 20440 be adopted. City Attorney reviewed proposed ballot wording regarding appointments to Boards and Commissions and stated that the arguments could be designated with certain members for and certain members against the measure. Resolution 20441 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R20441 be adopted. AYES: Members Hodges, Oden and Reller-Spurgin NO: Member Mills and Mayor Kleindienst ABSENT: None Resolution 20442 designating three members to be designated as primary authors for arguments in favor (Hodges, Oden and Reller-Spurgin) and two members to be designated as primary authors against (Mills and Kleindienst) the measures was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20442 be adopted. City Attorney reviewed proposed ballot wording regarding council vacancies being filled by using past election results within a 90-day time frame and stated that the wording was phrased so that it is the highest vote getter of those that lost an election that would be appointed to a council vacancy 90 days before or after an election; that there were questions regarding when an election could be consolidated with another date; that there is a window. Councilmember Hodges stated that the wording is confusing and recommended language "Shall the City Charter be amended so that if a vacancy occurs on the City Council 90 days before or after a City Council election, the City Council must appoint the next highest vote getter in that election to the open seat'. Councilmember Oden stated the proposed wording of immediately after the election is vague and should be clarified. City Attorney clarified that the ballot questions are not the legal text of the measure, but rather an impartial question for the ballot. Councilmember Hodges stated that not all the voters read the text of a measure and that the vote cast is based on the ballot question read in the voting booth. Council consensus to amend the question to read "Shall the City Charter be amended so that after a City Council election is called by the Council or within 90 days after the City Council election, the City Council must appoint the next highest voter getter to that open seat." Council Minutes 08-07-02, Page 6 Resolution 20443 as revised was presented; after which, it was moved by Hodges, seconded by Oden and carried by the following vote that R20443 be adopted. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst ABSENT: None Resolution 20444 designating two members to be designated as primary authors for arguments in favor (Hodges and Oden) and two members to be designated as primary authors against (Mills and Kleindienst) the measures was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20444 be adopted. 9. ORDINANCES FOR SECOND READING &ADOPTION (Intro 7-31-02) City Clerk read Title of Ordinance 1616 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 5.20.060, 5.20.090, 5.20.100, 5.20.110, 5.20.120, 5.20.130, 5.20.140, 5.20.150 AND 5.20.160 AND AMENDING SECTIONS 5,20.010, 5.20.020, 5.20.030, 5.20.040, 5.20.050, 5.20.070, 5.20.080 OF THE PALM SPRINGS MUNICIPAL CODE, REGULATING LITTERING after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that further reading be waived and Ordinance 1616 be adopted. City Clerk read Title of Ordinance 1617 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.16.010 — CLAIMS FOR MONEY OR DAMAGES AND ADDING NEW SECTIONS 3.16.015 AND 3.16.018 AND AMENDING SECTION 3.24.150, 3.28.150 AND 3.32.210 OF THE PALM SPRINGS MUNICIPAL CODE after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that further reading be waived and Ordinance 1617 be adopted. 10. 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. A-----. City Manager withdrew the item. Council Minutes 08-07-02, Page 7 11. OPTION AGREEMENT 9.52 ACRES, SUITT & BLOCK Recommendation: That the Council approve an Option Agreement with Noah Thomas Suitt, Jacqueline Suitt, Arthur Block and Kathleen Block for property located at the southeast corner of Amado Road and Avenida Caballeros to provide for the expansion of the Convention Center, Good Faith Deposit by City for $35,000, term of six months with options, in a form approved by the City Attorney. A-----. City Manager withdrew the item. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Oden requested a status of businesses in the Uptown area and of the First Friday Program. 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 August 21, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor pro tem Reller-Spurgin, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, August 21, 2002, at 5:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Mills, Oden, Reller-Spurgin Absent: Councilmember Hodges and Mayor Kleindienst The meeting was opened with the Salute to the Flag, and an invocation by Deacon Robert Smith-Lily of the Valley Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 16, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: Palm Springs Animal Control-Harold Matzner. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: None APPROVAL OF CONSENT AGENDA: Items 1 thru 8. Councilmember Oden requested items 1, 3, 4 and 5 be separated for vote. Review by City Manager of Consent Items to be clarified. City Manager stated that item 5 is a transitional move to some services in-house; that the downtown crew will pick up the duties of steam cleaning in the downtown area and that overall the amendment is cost effective for the City. Director of Parks, Recreation and Facilities stated that the Amendment will accomplish 4 different parts; that overall the contract will be reduced by $80,000 annually; that the reduction of services will be assumed with in-house employees; that the performance bond provided by the Contractor will likewise be reduced to free up some capital for the contractor's use; and that the amendment should be approved subject to City Attorney approval due to some possible language changes. Councilmember Oden questioned if the desire is to increase the quality of work performed by in-house employees and specifically what the increases would be. Council Minutes 08-21-02, Page 2 Director of Parks, Recreation & Facilities stated that there are no specific concerns, but that it is felt that the City employees could do a better job and that the work will be done for less cost; that there will be a budget savings of approximately $20,000 in the fiscal year. Councilmember Mills questioned if the maintenance of the ball fields included the lawn areas. Director of Parks, Recreation & Facilities stated that the maintenance is just for the clay portions of the ball fields; that it is difficult to schedule the contractor when the need is there and that overall the demands could be met easier in- house. It was moved by Oden, seconded by Mills, and unanimously carried, Hodges and Kleindienst absent, that items 2, 5, 6, 7 and 8 be adopted. 1. See Extended Consent Agenda 2. Res 20445 approving correction to Amendment 15 to A37 with the Board of Administration of the California Public Employees' Retirement System to correct the application to local miscellaneous employees in employment on or after the amendment effective date of April 28, 2002 for retirement benefits. 3. See Extended Consent Agenda 4. See Extended Consent Agenda 5. MO 7141 approving Amendment 3 to A4372 with PacWest Land Care Inc. (subject to final language approval by City Attorney) to decrease landscape maintenance duties regarding the Tennis Center; ball fields at DeMuth Park and James O. Jesse Desert Highland Park; maintenance at the Palm Springs Stadium and Cerritos Field; and downtown steam cleaning for a reduction of $80,024 for a total contract of$890,465.70, through June 30, 2003. 6, Res 20446 setting hearing for First Amendment to Merged Redevelopment Plan for Merged Redevelopment Project Area No 1. Revised to rescind Hearing. 7. Res 20447 setting hearing for First Amendment to Merged Redevelopment Plan for Merged Redevelopment Project Area No 2. Revised to rescind Hearing. 8. Res 20448 and 20449 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 978746 C-Kell Smith Business Client Reller-Spurgin 978856 Spurgin Spouse 978962 Council Minutes 08-21-02, Page 3 EXTENDED CONSENT AGENDA: 1. TAHQUITZ CANYON WAY TRAFFIC SIGNAL INTERCONNECT Recommendation: That the Council approve Change Order 1 to A4522 with DBX Inc to increase the scope of services for the installation of a fiber optic line from Palm Canyon Drive to the Police Department for future communication abilities between the downtown area and the police department as part of the Tahquitz Canyon Way Traffic Signal Interconnect Project for $28,600. Total contract $783,903. CP00-05. City Manager stated that this is a Federal Grant; that the balance of funds will be derived from police forfeitures assets; that there is an overall savings of$28,000; and that if the project were done as a stand alone the cost would be much greater. Councilmember Oden questioned the use of the line. City Manager stated the issue is regarding the cameras and gain of a better signal. Councilmember Oden stated that in this case opposition has been expressed consistently regarding the cameras and that the opposition will remain. Councilmember Mills stated that the issue is not just the cameras but for the wiring. City Manager stated that the line will serve all communication needs between City Hall, the Police Department and the downtown; that the specific service will be for the cameras; that it is a fraction of the cost for a stand alone installation; and that if the project is not done now the cost in the future will be substantially more. Minute Order 7139 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote that MO7139 be adopted. AYES: Councilmember Mills and Mayor pro tem Reller-Spurgin NO: Councilmember Oden ABSENT: Councilmember Hodges and Mayor Kleindienst. 3. U.S. CUSTOMS DATA LINE Recommendation: That the Council approve a purchase order with QWest Communication to provide a dedicated data line from the U.S. Customs Office in Palm Springs to the U.S. Customs Data Center in Virginia for a term of three years for a total amount of$30,443.40. Councilmember Oden questioned if the contract will be reviewed and approved by the City Attorney and if the contract will be moved through its traditional processes. Council Minutes 08-21-02, Page 4 Executive Director of Airports stated that the line being provided is much like a regular telephone line; that the line is dedicated; that basically when the City requests GTE to put in a new line the order is just placed and the line installed; that QWest is one of two companies that provide this type of service; and that personal opinion is that this is the method that should be used to procure the services. Councilmember Oden stated that the contract does contain publicity and confidentiality clauses; that the impact of those are not clear, nor are the conditions for use and whether or not the City is limited to an approval process. City Attorney stated that the provisions in the documents are not those that the City would normally have; that there are clauses that are included that the standard contract of the City would not have; that staff did state that QWest refused to sign the City's contract and would not negotiate any portions of its own form. Councilmember Oden questioned the clause containing the provision for dispute resolution and costs that would be involved. City Manager stated that what is before the Council is a typical contract of adhesion; that either the City signs or you do not get the product; that the choice is if the harm is minimal or almost insignificant, then the agreement can be entered into in order to keep the City functioning; and that in this case it is determined that there is no substantial harm in QWest's form, or it would be on a different form. Councilmember Oden questioned who would monitor the contract. City Manager stated the monitoring is minimal, that the only pitfall is if the phone line does not work. Executive Director of Airports stated that the Airport did have this contract one year ago; that if there are any problems, Customs will handle them; and that the line does need to go forward. Councilmember Oden stated that there is concern if something happens at the Airport or at Customs if the City can do a press release or is the confidentiality clause only related to the technology. Executive Director of Airports stated it is only the technology that is informational limited. Minute Order 7140 was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges and Kleindienst absent, that MO7140 be adopted. 4. BURKE, WILLIAMS & SORENSON - CITY ATTORNEY SERVICES Recommendation: That the Council approve an agreement with Burke, Williams & Sorenson, LLP to provide City Attorney services for a term ending fiscal year 2003-04. Council Minutes 08-21-02, Page 5 Councilmember Oden stated that the City Attorney has provided good services over the years, but that Community relations issues keep surfacing; that these same issues have been ongoing for several years; that the City is at a point to commence a change; that to do so would be healthy for the City; that the City has had good service from the City Attorney, but that the business relations indicate that it is time to leave on good terms and that support can not be given to the approval. City Manager requested the issue be continued to the September 4, 2002 regular meeting for full attendance of the Council. Motion to continue the item to September 4, 2002 was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Hodges and Kleindienst absent that the matter be continued. 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: None 9. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 10. Rent Review Commission (1) Term ending: 6-30-05 Nomination of Kevin Lavine was presented; after which, it was moved by Reller- Spurgin, seconded by Mills and unanimously carried, that the nomination be approved. 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 SEPTEMBER 4, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 4, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Pastor Mark Hackbarth — Desert Chapel. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 30, 2002, REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: NIGP Distinguished Service Award - Harold Good. 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: Lanny Swerdlow, read a prepared statement, copy on file in Office of the City Clerk Suzanne M. Weber, Libertarian Party, read a platform statement of the Libertarian Party and voice opposition to item 7. Frank Tysen. Palm Springs, stated CRA B was a giveaway to the developer and added that none on the Agency asked questions regarding the item. In answer to questions by Council, Director of Planning & Zoning stated that the median Islands are a requirement of the General Plan and a part of the traffic control for the area; that the Agency is limited to spend its funding on capital projects; that the funds are designated to assist in blighted and undeveloped areas; that the Agency and City funds can not be commingled; that Community Redevelopment Agencies are regulated by the State; that zones are set up; that the funds are not used for assisting new development but for reinvestment in the Community and that for the most part the funds are limited to infrastructure uses. Council Minutes 09-04-02, Page 2 Councilmember Oden stated that it is easy for people to criticize the actions of the Council, but that there are limitations that are set by the State to regulate expenditures; that it is illegal to use funds for purposes outside of the regulations and that even though these same people who do not understand the regulations continue to criticize, when the truth is told it should be accepted. APPROVAL OF CONSENT AGENDA: Items 1 thru 13. City Manager withdrew items 11 and 12. It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that Items 1 thru 13, excluding 7 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Mills questioned the revision of item 2. Executive Director — Airports stated that the base bid should exclude Alternate A that would reduce the price. 1. MO 7142 approving Amendment 6 to A4382 with Gensler related to Task 3 architectural services for additional design and construction administration related to the northerly terminal access parking project for $56,980; and adding Task 7 related to improvements to house explosive detection equipment for $25,000 a total of$81,980. 2. Res 20452 approving agreement with Matich Corporation for the Northerly Airport Terminal Access Roadway Security Reconfiguration, subject to FAA approval for $1,667,627. AIP35, CP02-06, A4553. Revised to $1,627,627. 3. Res 20453 approving purchase order with Birdair, Inc for purchase and installation of a fabric roof passenger protection structure; and authorizing the Executive Director — Airports to approve Change Orders up to 2.5% of the total contract price of$148,625. AIP-35, CP02-06. 4. MO 7143 authorizing the City Manager to enter into appraisal services professional agreements through the end of calendar year 2002 for a total of $60,000. 5. MO 7144 approving final agreement with Sirsi Corporation for an integrated library computer system, to include software maintenance costs for a total contract amount of$149,222. A4496. 6. MO 7145 approving agreement with Palm Springs Unified School District to provide a full time police officer at the High School campus and the Ramon Academy for a term of three years, expiring June, 2005 for $75,624.92 annually. A4554. Mills abstain. 7. See Extended Consent Agenda. 8. MO 7146 approving agreement with the City of Palm Desert accepting contribution of $10,000; and MO 7147 approving agreement with the City of Council Minutes 09-04-02, Page 3 Indian Wells accepting contribution of $2,000 toward the purchase of two blown- glass sculptures by Dale Chihuly, to be located around the fountain in the Sonny Bono Concourse at the airport. A4555, A4556. 9. MO 7148 ratifying approval of agreement by City Manager to DBX, Inc for the Indian Canyon Drive two-way modification project, Bid Schedule A, for $612,090.50. A4550. 10. MO 7149 approving the Disadvantaged Business Enterprise Program for Federal Highway Administration funded project in Federal Fiscal Year 2002-03, 11. Res ----- making findings pursuant to Section 33445 of the California Health & Safety Code relating to a Disposition and Development Agreement to effectuate the construction of a vacation ownership resort on South Palm Canyon Drive in Merged Project Area #1. See CRA A. Cont to 9/18/02. 12. Res ----- concurring with the Community Redevelopment Agency regarding the approval of a Disposition and Development Agreement with SCHLPS, LLC. See CRA A. Cont to 9/18/02. 13. Res 20450 and 20451 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 979204 Business Client 979348 979351 Reller-Spurgin 979337 Spurgin Spouse EXTENDED CONSENT AGENDA: 7. INLAND CRACKDOWN ALLIED TASK FORCE Recommendation: That the Council approve an agreement with the State of California Bureau of Narcotics Enforcement (BNE) for continued participation in the Bureau of Narcotics Enforcement's Inland Crackdown Allied (INCA) Task Force, term to December 31, 2003, with option of an additional three years. A---- Councilmember Oden requested the City Attorney and the Police Advisory Committee review the agreement prior to City Council consideration. Councilmember Hodges requested clarification as to when staffing would start. City Manager withdrew the item. Council Minutes 09-04-02, Page 4 PUBLIC HEARINGS: 14. TTM 28087—JAMES F. GOLDSTEIN - EL DORADO Recommendation: That the Council reconsider and reapprove Tentative Tract Map 28087, subject to conditions, with James F. Goldstein of El Dorado Limited Partnership to subdivide the existing 377 space El Dorado Mobile Country Club for condominium purposes, located on 50.65 acres at 6000 East Palm Canyon Drive, W-R-MHP and R-MHP zones, Section 29. City Attorney reviewed the staff report and gave full history and background of the item and added that a revised Resolution is provided for Council consideration; that there are certain letters that have been received that should be made a part of the record, see copy on file in Office of the City Clerk; that some previous conditions of approval have been deleted due to the outcome of the Court decision; that the Court did order that the Council conduct this hearing, take testimony and approve the revised Resolution; that there is legislation pending that may help Parks in the future, but in this case is too late; that it is hoped that the statutory process will be corrected so that local governing bodies will have the authority vested in them to assist in the conversions; that staff will continue to monitor the conversion; that there is concern by the staff related to the proposed conversion, but that at this point there is limitations on the decision that can be imposed. Mayor declared the Hearing open. Milton Flack, Palm Springs, read prepared statement, copy on file in Office of the City Clerk. Douglas Cultice, Palm Springs, read prepared statement, copy on file in Office of the City Clerk. John Neete, Lake Elsinore, reviewed an appraisal dated August 30, 2002, copy on file in Office of the City Clerk. Latifa Litzner, Ramon Mobile Home Park, expressed support of the resident's efforts of El Dorado Mobile Home Park. Pat Bell, Indian Springs Homeowners Association, expressed support of the resident's efforts of El Dorado Mobile Home Park. Sue Lofton, applicant's attorney, stated that the requested resolution be revised to include the work final in Section 8; that in 1993, Mr. Goldstein was approached by the residents and the City to participate in a feasibility study of the conversion and was encouraged to move ahead; and that the wording in the report and resolution of"sham conversion" is strongly objected to. Frank Tysen, addressed issues of item CRA B. There being no further appearances, the Hearing was closed. Council Minutes 09-04-02, Page 5 City Attorney requested the printed comments and the appraisal be made a part of the record. City Clerk concurred. Councilmember Hodges stated that the Council did make the right decision; that it is unfortunate that the legal system does not back the findings; that it is hoped with the pending legislation, this type of case will not happen in the future and that it may be that El Dorado may benefit if the legislature is passed in a timely manner. Councilmember Mills questioned if the appraisal included Homeowner Association fees. Mr. Neete stated it did not; and that the inclusion is a fairly extension study. Councilmember Oden stated that the Council did make the right decision; that the current law is incorrect; that work is being conducted to change that law, but it will happen in the future; that some say this is not a sham conversion, but it does look like it; that there are times when one must take a stand against a law that is wrong, that when doing so resolve is strengthened; that if something is right, then it is right and that although the Court has ordered otherwise, he can not personally support changing the original resolution and will have to oppose the revision when presented. Resolution 20454 as revised was recommended; after which, it was moved by Hodges, seconded by Mills and carried by the following vote, that R20454 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: 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. Mayor requested RSVP's be given by Members of the City Council for the event planned on September 11, 2002. Councilmember Hodges requested a study session item for renaming the Palm Springs Stadium to Angel Stadium be scheduled. LEGISLATIVE ACTION: 15. CITY COUNCIL REVIEW OF BUREAU OF LAND MANAGEMENT — DRAFT CALIFORNIA DESERT CONSERVATION AREA PLAN AMENDMENT FOR THE COACHELLA VALLEY AND THE DRAFT SANTA ROSA AND SAN JACINTO MOUNTAINS TRAILS MANAGEMENT PLAN Council Minutes 09-04-02, Page 6 Recommendation: That the Council provide comments regarding the above documents and authorize transmittal of the comments to the Bureau of Land Management. Director of Planning & Building reviewed a draft letter, copy on file in Office of the City Clerk. Councilmember Hodges stated that the City position against the Big Horn Sheep is confusing; that the Bighorn Institute are the experts and that if conditions are added to the Bighorn Institutes recommendations, support can not be given. Councilmember Mills stated that there is a lot of controversy over who is the expert on Big Horn Sheep; that it is difficult to get any information from the Institute; that when asked for any reports or details, refusal is given; that until everyone is provided the Institutes basis of information, one can not assume it is the expert; that sheep are killed down valley due to the Highway; that development is allowed in those areas, but not in Palm Springs; that it is clear there is a problem with the recovery of the Sheep, but there are so many theories, one does not know which is right; and that the City of Palm Springs is entitled to have its development treated on an equilivant level of other Valley Cities. Mayor questioned the authorization of the latest release of Sheep by the Institute. Director of Planning & Zoning stated that the authorization of release of Sheep within the City of Palm Springs was not requested, rather the Institute just did it; that of the three released, it has been reported that two were killed by predators and one was recaptured and brought back to the Institute; that there is little current information available on the releases, habitat or projections of the Institute; that staff has been given the understanding that any development on the hillside would be opposed; that typically when information is requested from the Institute, if something is received, it is given in raw data and difficult to interpret. Mayor stated that the City has a goal to develop its land; that when it is faced with obstacles, it is difficult; that the City should be dealt with equally with other Cities; that the last release was not considered by the City or by the Tribal Council; and that there are concerns that should be addressed by the Institute that should prompt information to be given in a timely basis. Director of Planning & Zoning stated that the Tribal Council did in fact have concerns and recommendations that do parallel the City's. Minute Order 7150 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote, that MO7150 be adopted. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: None. Council Minutes 09-04-02, Page 7 16. 2001 CALIFORNIA CODES AND 1997 UNIFORM CODES 2001 CALIFORNIA BUILDING CODE 2001 FIRE CODE Recommendation: That the Council declare express finding pursuant to California Health & Safety Code Sections 17921, 19722, 19751, 17958, 17958.5, 17958.7 and Title 24 of the California Administrative Code that certain local conditions require amendments, additions and conditions to the California Building Code Standards. City Manager reviewed the staff report, no further report was given. Resolution 20455 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, that R20455 be adopted. City Clerk read Title of Ordinances as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA BUILDING CODE WITH APPENDICES CHAPTER 3, DIVISION IV, 4 DIVISION ll, 12, DIVISION IIA, 15, 18, 31 DIVISIONS II AND III, 33 AND 34, 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 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 Oden, seconded by Hodges, and unanimously carried, that further reading be waived and the Ordinances be introduced for first reading. 17. NEIGHBORHOOD TRAFFIC CALMING PROGRAM COMPREHENSIVE FEE SCHEDULE AMENDMENT Recommendation: That the Council adopt the Neighborhood Traffic Calming Program and amend the Comprehensive Fee Schedule to provide for a traffic survey fee. City Manager reviewed the staff report and added that the program had been discussed in detail during the past Study Sessions. Council Minutes 09-04-02, Page 8 Minute Order 7151 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7151 be adopted. Resolution 20456 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20456 be adopted. 18. CITY ATTORNEY SERVICES Recommendation: On August 28, 2002 Council continued this matter to consider approval of an agreement with Burke, Williams & Sorenson, LLP to provide City Attorney services for a term ending fiscal year 2003-04. A4557. Councilmember Oden stated that the recommendation would not be supported; that the service has come up several times in the Community; that the perception is that the City Attorney functions as a deal breaker; that those issues have been discussed with the City Attorney; that the City is trying to put forth an image as business friendly; and that with changes, the City's image would be enhanced. Councilmember Mills stated that some of the points of Councilmember Oden are understandable, but that the City Attorney moves at the direction of the Council; that changing the position of City Attorney is difficult; that there is a history with this City Attorney that can not be replaced; that it is the responsibility of the Members of the Council when problems come up to address them; that there is the responsibility to instruct and evaluate the employee; that standards are given so that the employee has guidelines and that if those guidelines are given to the City Attorney, it is felt there will be compliance. Mayor stated that the City Attorney has performed in the way that the Council has allowed him to perform; that it is up to the Council to evaluate the performance; that the City Attorney is available at anytime for the evaluation; that the Attorney's position is not easy; that the Council establishes the perimeters and then the staff has to carry out the instructions; that this employee has institutional memory, is of great caliber and is of advantage to the City; that in fact, the Council has changed to role of the Attorney to be the City's negotiator; that any negotiator will have adversaries; that the Attorney does bring to the Council the best possible deal for the City; that the job of the Attorney is not to make friends, but about making the best deal for the City; and that when something is not being done right, it is the responsibility of the Members of the Council to voice instruction for correction. Minute Order 7152 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and carried by the following vote that MO7152 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. Council Minutes 09-04-02, Page 9 19. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Hodges requested a request be sent to CalTrans to slurry seal Vista Chino; and that repainting of curbing and replacement of reflectors on city streets is needed. b) Councilmember Oden requested a report on the type of information sent to the Community and the School District concerning recreational programs and requested the Council be provided copies of materials with report; that a report on status of Uptown/Downtown vacancies is needed to include a listing of what is opening and/or closing; and that cleanup of Frances Stevens Park due to shopping carts and policing of public drinking in same area should be conducted. 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 SEPTEMBER 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 Large Conference Room, 3200 Tahquitz Canyon Way, on Tuesday, September 10, 2002, at 5:00 p.m. 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 6, 2002. PRESENTATIONS: None REPORT OF POSTING OF AGENDA: City Clerk HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Howard Lapham, Palm Springs, stated the proposal of the consultant had been reviewed; that Palm Springs Life should be given the first consideration; that there are options that the Council can consider with direct mail, videos, Channel 17 and the City's Hot Line and that with the help of the private sector a grass roots campaign can be well ran. Jim Dollar, Palm Springs, stated the Tourism Advisory Council does support the Roctoberfest, but is expressing concern regarding the closure of Tahquitz Canyon Way. Rob Parkins, Palm Springs, stated the use of funds should be given for education of the voter; that expert help is needed; that delays can not be experienced and that it is requested that should the Utility User Tax be rescinded that scenario B be implemented with 20% cuts across the board for all departments. Joy Meredith, Tourism Board and President of Main Street, stated that Roctoberfest was slow in starting, but is evolving into a great event for the downtown; that the street closure is requested to go to Amado; that there will be a lot going on in the downtown; that there are some concerns with the closure of Tahquitz due to safety, but that otherwise full support is given to the event. Christina Cook, Palm Springs Hotel Association, stated the Association is giving full support to the expansion of the Convention Center. Dr. Gregory, Palm Springs, stated the Greyhound Bus Station is in deployable condition; that the Council does need to take aggressive abatement action; that there are immediate health and safety concerns; and that there is willingness to serve on a volunteer panel to address the issue. Council Minutes 09-10-02, Page 2 APPROVAL OF CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 1. FISCAL YEAR 2002-03 BUDGET Recommendation: That the Council consider adoption of a Resolution of Intention to incorporate reductions by Fiscal Year Budget 2002-03 end, effective after the November 5, 2002 election, should the Utility User Tax (Measure U) be rescinded. City Manager reviewed handouts, copy on file in Office of the City Clerk. Councilmember Oden questioned the difference between Scenario E and B. City Manager stated the difference in Scenario E is that some Departments could not withstand additional personnel cuts or would not function at all; Scenario E moves additional personnel cuts to other Departments that can withstand additional cuts and still somewhat function. Councilmember Oden stated that E should be supported; that the Convention Center is the future of the City and must be expanded and that the voter just approved an increase to the Transient Occupancy Tax in the last election to allow the expansion. Councilmember Reller-Spurgin stated Measure Y was likewise approved by the voters to allow the skate park, but that if the Utility User Tax fails, those funds will be lost and the skate park will not be able to move forward. City Manager stated that with a decrease of 70 employees, there would be many programs that will not continue. Mayor stated that future revenues of Measure Y were committed to build the skate park and that if the Utility User Tax is repealed, it will not be able to move forward and the Council will be looking for ways to allow the City to survive. Councilmember Reller-Spurgin stated that if Measure U passes, this will be a difficult City to live in; that programs such as DARE and PAL will be cut; that everything the Council has worked for to put in place for its citizens will have to be stopped; and that it may be that the County will need to be contacted to pick up some services. Councilmember Mills stated that the scenarios before the Council are concepts; that if the Utility User Tax is repealed, the Council will have to meet and confer again on solid cuts of service to the Community; that at this point it would be recommended for the Members of the Council to choose a scenario that best represents what would be cut so that the Community can be aware of what is being considered. Council Minutes 09-10-02, Page 3 Mayor stated it would be difficult to allow the Convention Center expansion to proceed if all else in the City is gone. Councilmember Oden stated the Convention Center will be the City's lifeline; that it cannot be cut and to do so plays into the proponents hands. Councilmember Hodges stated that each scenario portrays what can happen in the City, that it is uncertain if the expansion of the Convention Center could stay; and that it may be best to put all scenarios forward to the citizens. Motion to approve the budget using Scenario E was presented; after which, it was moved by Oden, seconded by Mills and failed by the following vote. AYES: Member Oden NO: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst ABSENT: None. Councilmember Oden stated the Council must come up with a budget that indicates the ramifications so that the citizens will not think these are idle threats; that the budget needs to be specific in order to show sincerity. Motion to approve the budget using Scenario E, with modifications for the Convention Center to be reevaluated to alter the scope or to eliminate the expansion should Measure U pass was presented; after which, it was moved by Mills, seconded by Oden and failed by the following vote. AYES: Members Mills and Oden NO: Members Hodges, Reller-Spurgin and Mayor Kleindienst ABSENT: None. Mayor stated the Resolution approved should condition a final analysis of the budget to include all departments and programs, excluding no function of the City. Councilmember Oden stated the City only has one main industry, tourism; and the industry needs support at all times, even through ideology. Councilmember Hodges stated a lot of work has been done in reviewing each department and program and recommending the cuts; that it would be best to present all the information to the voters so that a true reading of what will happen can be given. Councilmember Reller-Spurgin stated support should be given to Scenario C and requested City Manager review the scenaro. City Manager read Scenario C, copy on file in Office of the City Clerk. Council Minutes 09-10-02, Page 4 Resolution 20457 as recommended w/Scenario C was presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst and carried by the following vote that R20457 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. 2. TMG COMMUNICATIONS, INC. Recommendation: That the Council approve an agreement with TMG Communications, Inc for a voter information campaign concerning the November 5, 2002 ballot measures for an amount not to exceed $125,000. A4561. Assistant City Manager reviewed the agreement in detail and with recommendations of the Council, determined that the copy shall be two-color, the performance bond would be waived; that the card mailing would be deleted and that the agreement would be subject to City Attorney approval as to form. Councilmember Hodges stated that the timing for the information might be too late. Minute Order 7153 as revised to $125,000 for final contract amount was presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote, that MO7153 be adopted. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: None and Resolution 20458 amending the budget was presented; after which, it was moved by Oden, seconded by Mills and carried by the following vote that R20458 be adopted. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: None. 3. ROCTOBERFEST Recommendation: That the Council consider possible street closures for the October 10 through 13, 2002, Roctoberfest. Director of Tourism reviewed the event and requested the street closure be approved. SEPT (Special Events Planning Taskforce) representative stated that the closure of Tahquitz had not been considered by the committee and would need to go before that Board. Council Minutes 09-10-02, Page 5 Mayor stated that SEPT should be directed to consider the closure, if requested. Minute Order 7154 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7154 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 18, 2002 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 18, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Oden 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 13, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business 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: Mitch Levine, Executive Director of Nortel Palm Springs International Film Festival, requested approval of Item 1; and added that the funding is need to cover local vendor expenses from the short festival held during the month of August. Ana Haagstmm, Palm Springs, requested as joint operator of the Tennis Center, that Item 15 be continued to allow review of the Amendment by all parties. Dave Baron, representing Palm Springs Tennis Center Owners Association, requested item 15 be considered for approval; that the lease is ready for action; that all development plans are on file with the City and requested the common maintenance fee be reassessed to determine real costs. Mr. Hough, Palm Springs, stated the police blotter should be in the newspaper and requested same; and questioned if the information being given by the DeVille Group regarding the trash contract is correct. Scott Kennedy, Palm Springs, stated that the cell tower proposed in the area of Victoria Park has been reviewed by some of the neighbors and that the consensus is that the tower would best be located near a building. Council Minutes 09-18-02, Page 2 Police Chief stated that the police blotter issue is under review at the department; and that it is the Desert Sun that determines whether or not to include the statistics. APPROVAL OF CONSENT AGENDA: City Manager withdrew items 7 and 8. It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Oden absent, that Items 1 thru 11, excluding 1 and 9 be adopted. Review by City Manager of Consent Items to be clarified. 1. SEE EXTENDED CONSENT AGENDA 2. Res 20459 approving release of land by the Federal Aviation Administration for the sale of a 4.762-acre parcel on airport property currently housing the Palm Springs Unified School District Operations & Maintenance Facility; and rescinding R20381 regarding same. Oden Absent. 3. MO 7155 terminating lease with Illinois Tool Works A3308 for airport property located at 3101 Alejo Road; and Res 20460 approving a lease with KARBZ, Inc dba SSC Racing for a term of 10 years with monthly rental payment of $4,708. A4563. Oden Absent. 4. Res 20461 extending the period for retaining properties acquired by the Community Redevelopment Agency using monies from low and moderate income housing fund to August 19, 2007. Oden Absent. 5. MO 7156 ratifying a purchase order with Ross Associates for vehicle refurbishment of an undercover vehicle utilized by the Palm Springs Narcotics Task Force for$25,069.02. Oden Absent. 6. Res 20462 approving Parcel Map 29638 for Warner Engineering representing Sunrise Place to subdivide property located at 425 Sunrise Way into eight parcels. Section 14, T4S, R4E, APN 508-110-007, 508-110-008, 508-110-040, 508-110-041, 508-110-042. Oden Absent. 7. Res ----- making a finding pursuant to Section 33445 of the California Health & Safety Code relating to a Disposition and Development Agreement of the Community Redevelopment Agency to effectuate the construction of a vacation ownership resort located on South Palm Canyon Drive in Merged Project Area 1. See CRAA. Withdrawn. 8. Res ----- concurring with the Community Redevelopment Agency regarding the approval of a Disposition and Development Agreement with SCHLPS, LLC. See CRAA. Withdrawn. 9. SEE EXTENDED CONSENT AGENDA 10. MO 7157 approving agreement with The Planning Center of Costa Mesa to finalize the City's Housing Element and submission to the California Department Council Minutes 09-18-02, Page 3 of Housing and Community Development for $14,667. City portion $5,678.61. A4564. See CRA C. Oden Absent, 11. Res 20463 and 20464 approving Payroll Warrants and Claims & Demands. Oden Absent. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 979792 Spurgin Spouse 979894 Spurgin Spouse EXTENDED CONSENT AGENDA: 1. NORTEL PALM SPRINGS INTERNATIONAL FILM FESTIVAL Recommendation: That the Council approve Amendment 2 to A3090 with the Palm Springs International Film Festival for financial operational support in the amount of$150,000 for a term 6-30-03. Councilmember Hodges stated that in the past week the Council did take action to support Scenario C in case the Utility User Tax is rescinded in November; that this is not the time for expenditures and that the item should be postponed until after the election. City Attorney stated staff did include provisions in the Amendment should Measure U pass, the second and final payment of the year will not be made. Councilmember Reller-Spurgin stated the City is not sure of its funding at this point; however, the funding being requested is to fill the gap from the August short film festival; that the outcome of the election is essential, but that the business of the City must continue. Councilmember Mills stated the City has sponsored this event in the past; that the operations of the City or commitments made by the City should not come to a halt awaiting the outcome of an election; that the budget can be adjusted after the election, but that the City does need to live up to its commitments. Mayor stated funding is addressed in the agreement should the Utility User Tax be rescinded; that all funding will need reassessment at that point; that right now we need to send a clear and strong message that business is continuing in the City; that the Council has worked hard in the past to improve the quality of life for its citizens, and has been successful; that open and public support of the event should be given for support with the condition included relating to outcome of the election and that once an event is lost it is near impossible to regain. Minute Order 7158 was presented; after which, it was moved by Kleindienst, seconded by Mills and carried by the following vote that MO7158 be adopted. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: Member Oden. Council Minutes 09-18-02, Page 4 9. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) Recommendation: That the Council authorize a correction to Amendment 15 of the California Public Employees' Retirement System contract. A37. Mayor questioned what an inactive member not yet qualified is. Assistant City Manager reviewed the staff report and added that an inactive member not yet qualified is one that has left the PERS system, but is not yet receiving retirement benefits. Resolution 20465 was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, Oden absent, that R20465 be adopted. PUBLIC HEARINGS: 12. TPM 30703 —700 W. STEVENS ROAD Recommendation: That the Council approve Tentative Parcel Map 30703, subject to conditions, with John L. Sanborn for Melvyn Haber Revocable Trust to divide one parcel; into two parcels for property located at 700 W. Stevens Road. Zone R-1-A, Section 10. Director of Planning and Zoning reviewed the staff report, no further report was given. Mayor declared the Hearing open. John Sanborn, Sanborn A & E, stated availability for any questions. There being no further appearances, the Hearing was closed. Resolution 20466 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried, Oden absent, that R20466 be adopted. 13. TPM 30581 —STROKE ACTIVITY CENTER Recommendation: That the Council approve Tentative Parcel Map 30581, subject to conditions, with the Stroke Activity Center to subdivide four acres into two parcels located on the northeast corner of Alejo Road and Commercial Road. Zone PD158, M-1-P, Section 12. Director of Planning & Zoning reviewed the staff report and added that the Center did request and that it is recommended that Conditions 10-15 be waived. Mayor declared the Hearing open. Margo Thibault, representing the Stroke Center, concurred with staff and added that Conditions 100-015 are requested to be waived. Council Minutes 09-18-02, Page 5 There being no further appearances, the Hearing was closed. Councilmember Hodges questioned the imposing of so many improvements when the action is to simply divide a lot. Director of Planning and Zoning stated a parcel covers the land in its entirety; that when a request for subdivision is made, the Ordinance requires street improvements to be incorporated with the approval process; that in this case the front parcel does have an existing building, but in most cases that is not the case. Councilmember Hodges stated it might be that the Ordinance should be reviewed; that there may be an unnecessary burden of expense being added to the applicant. Director of Planning & Zoning stated when a subdivision of land occurs, there are a new set of circumstances created; that in some cases the curbs and gutters need to be pulled back to meet the General Plan requirements; and that the Ordinances currently in place are reflective of what most Cities have in place. Councilmember Hodges questioned the difference between item 12 and 13. Director of Planning & Zoning stated in the case of Item 12 there is a covenant in place that does defer the improvements through the building and planning processes. Resolution 20467 as revised deleting Conditions 10 — 15 was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Oden absent, that R20467 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: 14. COACHELLA VALLEY ELECTRIC DISTRIBUTION RATES Recommendation: That the Council approve an agreement with Henwood Energy Services for an independent rate comparison of local electric distribution rates and revenues for $20,000; and authorize a budget adjustment for fiscal year 2002-03. A4565. Assistant City Manager reviewed the staff report. and added that Southern California Edison will fully reimburse $20,000. Councilmember Hodges stated the CVAG group has disbanned and the support is gone for this issue and that it is surprising that the item is being considered. Council Minutes 09-18-02, Page 6 Assistant City Manager stated support is waning, but not totally gone; that Southern California Edison has agreed to the third party analysis to verify the pervious study and is at no cost to the City. Mayor stated the belief that the rates are not accurate is prevalent; that there is an ebb and flow of interest in the subject; that with the study the information will be provided and that it is at no cost to the City. Minute Order 7159 as recommended was presented; after which, it was moved by Hodges, seconded by Mills, and unanimously carried, Oden absent, that MO7159 be adopted. Minute Order 7160 as recommended was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, Oden absent, that MO7160 be adopted. 15. TENNIS CENTER LEASE Recommendation: That the Council approve a lease with the Palm Springs Tennis Club Owners Association for the development and operation of the northern undeveloped portion of the Palm Springs Tennis Center, located at 1300 East Baristo Road; and approve Amendment 1 to A4475 with Kurt and Ana Haggstrom regarding maintenance and repair of common areas. A4566. Director of Community & Economic Development reviewed the staff report and added that the terms between the two contracts are basically the same; that the agreements do set out a system for maintenance costs for common areas; that the cost has been set at $500.00 per, month to be equally divided between the parties; and that it is recommended to remove language in Exhibit G, Section 4 relating to the last sentence. City Attorney stated the estimates for maintenance were done; that the proposed amount does allow for an appropriate margin of error; that the walkway on the Matzner development plans still need approval through the planning process and input will be provided during that process. Councilmember Reller-Spurgin stated this issue has been ongoing for some time; that the Council was told that the maintenance costs would be up to $500.00; that the costs need to be covered, but that each party is entitled to a correct amount that will be due and payable; that a reestimate by the landscape contractor would be in order. Motion to approve the lease subject to re-estimate of common area maintenance costs were presented; after which it was moved by Reller-Spurgin and died due to a lack of second. City Attorney stated it is not clear who will be the landscape contactor; that the amount proposed is to try and prevent future arguments over costs. Councilmember Mills questioned the length of review time the leasers have had with the lease and lease amendment. Council Minutes 09-18-02, Page 7 Director of Community & Economic Development stated both parties have exceeded a week for review. Minute Order 7161 and 7162 as recommended to include amendment to Exhibit G and the addition of restripping to the lease and amendment was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and carried by the following vote that MO7161 and 7162 be adopted. AYES: Members Hodges, Mills and Reller-Spurgin NO: Mayor Kleindienst ABSENT: Member Oden. 16. HSPB 33— CAREY-PIROZZI HOUSE—651 VIA ESCUELA Recommendation: That the Council approve a Historic Property Preservation Agreement (Mills Act) with the Pirozzi Family Trust for the Carey-Pirozzi House, located at 651 W. Via Escuela. A4567. Director of Planning & Zoning reviewed the staff report. Councilmember Mills questioned if the designation follows property ownership. Director of Planning & Zoning stated that the designation can follow ownership and is reviewed annually and that if the site is not historically maintained then the agreement is violated and the designation is terminated. Minute Order 7163 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that MO7163 be adopted. 17. MUNICIPAL CODE AMENDMENT—SUBDIVISION ORDINANCE Recommendation: That the Council amend the Municipal Code Chapter 9.62 regarding Tentative and Final Maps. Director of Planning & Zoning reviewed the staff report and added that this action would extend the exclusion to property owners in Palm Springs and would be an enhanced modification to the Ordinance. City Clerk read Title of Ordinance 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 Hodges and unanimously carried, Oden absent, that further reading be waived and the Ordinance be introduced for first reading. Council Minutes 09-18-02, Page 8 18. ENGINEERING PLAN CHECK COMPREHENSIVE FEE SCHEDULE Recommendation: That the Council approve an agreement with Fomotor Engineering and Engineering Resources of Southern California for plan check services for 2 years with option of renewal for an additional two years each for a total of$100,000 per year. A4568, A4569. Councilmember Mills questioned if the performance for both firms has been on time and satisfactory, adding that approval should not only be based on low bid, but performance also. City Engineer stated that an RFP process was not performed; that Fomotor is an existing contractor and for the most part does plan checks on time. Minute Orders 7164 and 7165 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Oden absent, that MO7164 and 7165 be adopted. Resolution 20468 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Oden absent, that R20468 be adopted. 19. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 20. Treasurer's Investment report of July 31, 2002 — received and filed. 21. Villagefest Sub-Committee schedule interview dates. 10-3-02, 3 to 5 p.m. 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 SEPTEMBER 19, 2002 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, at the Hyatt Regency Hotel, 285 N. Palm Canyon Drive, on Thursday, September 19, 2002, at 7:00 p.m., at which time, the City Clerk adjourned the meeting due to a lack of quorum to September 25, 2002. ROLL CALL: Present: Councilmember Reller-Spurgin and Mayor Kleindienst Absent: Councilmembers Hodges, Mills, and Oden PATRICIA A. SANDERS City Clerk