Loading...
HomeMy WebLinkAbout7/3/2002 - STAFF REPORTS (5) MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 5, 2002 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Chairman Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 5, 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: Agency Members Hodges, Mills, Oden, Reller-Spurgin, and Chairman Kleindienst Absent: None REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on May 31, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PUBLIC COMMENTS: None APPROVAL OF MINUTES: It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Oden abstaining on May 1, 2002 that the Minutes of May 1 and 15, 2002 be approved. PUBLIC HEARING: A. 2002-03 FISCAL YEAR BUDGET Recommendation: That the Agency adopt the proposed 2002-03 Fiscal Year budget. Director of Finance & Treasurer reviewed the handouts. Chairman declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 1177 as recommended was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, that R1177 be adopted, PUBLIC COMMENTS: None CRA Minutes 6-5-02, Page 2 LEGISLATIVE ITEMS: B. DECORATIVE LIGHT FIXTURES Recommendation: That The Agency approve purchase of 17 decorative lighting fixtures from Delta Lighting Systems, Inc., for$51,320, total cost to be reimbursed by program participants. Executive Director reviewed the staff report, no further report was given. Resolution 1178 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that R1178 be adopted. ADJOURNMENT There being no further business, Chairman declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary MINUTES OF CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY JUNE 19, 2002 A Regular Meeting of the Community Redevelopment Agency of the City of Palm Springs, California, was called to order by Vice-Chair Reller-Spurgin, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 19, 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: Agency Members Hodges, Oden, Vice-Chair Reller- Spurgin Absent: Agency Member Mills and Chairman Kleindienst REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Agency procedures on June 14, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PUBLIC COMMENTS: None PUBLIC HEARING: A. PA9-C - BURNETT DDA-SUNRISE WAY AND SAN RAFAEL Recommendation: That the Agency approve a Disposition and Development Agreement with Burnett Companies on a 10.17 acre parcel and a 22.21 acre parcel to facilitate the development of a major single-family home development and lot line adjustment for property located at the corner of Sunrise Way and San Rafael Road. A-----. Director of Community and Economic Development stated that there are some issues outstanding and requested the matter be withdrawn from consideration. Vice Chair Reller-Spurgin declared the Hearing open; there being no appearances, the Hearing was closed. Executive Director withdrew the item. PUBLIC COMMENTS: None LEGISLATIVE ITEMS: None ADJOURNMENT There being no further business, Vice Chair declared the meeting adjourned. PATRICIA A. SANDERS Assistant Secretary CITY OF PALM SPRINGS CITY COUNCIL MINUTES May 29, 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 Convention Center, 277 N. Avenida Caballeros, on Wednesday, May 29, 2002, at 5:30 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. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 24, 2002. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business PRESENTATIONS: None CONSENT AGENDA: None EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None PUBLIC COMMENTS: None LEGISLATIVE ACTION: 1. MEMORANDUM OF UNDERSTANDING — BELARDO BRIDGE Recommendation: That the City approve a Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians outlining the responsibilities for the design and construction of the Belardo Road Bridge and Roadway Improvements Project. A-----. City Manager stated that the matter does not yet have all issues resolved and withdrew the item. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Council Minutes 05-29-02, Page 2 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 JUNE 5, 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, June 5, 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 Ronald Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on May 31, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 9 of agenda this date. PRESENTATIONS: CAL ID's Golden Bear Award 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: The following persons spoke in favor of item 18: Trace Dean, Desert Hot Springs David Justin Lynch, Palm Springs Dan Graff, La Quinta Lawson Skala, Cathedral City Tara Graff, La Quinta Elliot Smith, no address given Colin Webster-Watson, read prepared letter for Lisa Goforth, Palm Springs Ken Feenstra, Palm Springs Ray Baddour, Palm Springs Leslie Kaufman, no address given Steve Nichols, Palm Springs Heidi Deedstroms, Sky Valley Susie Thomas, Bermuda Dunes Kala Verby, no address given Laura Graff, LaQuinta Michael Layne, Claremont Cory Smith, no address given Howard Lowry, no address given Council Minutes 06-05-02, Page 2 The following persons spoke supporting other options rather than item 18: Marilee Riva, representative Playwrite Circle Allen Worthy, no address given Carol Newell, no address given Irma Granet, no address given Dr. John Granet, no address given Shep Sanders, no address given The following persons spoke regarding difficulties with building permits: Ruthie Frazee, Palm Springs Rick Combs, Palm Springs Andrew Lineahan, Attorney, representing above homeowners in Palm Springs The following person spoke of need for traffic light at Louella & Livemore Hardy Torrez, Palm Springs APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Mills, and unanimously carried, that Items 1 thru 12, Hodges abstaining on Minutes of April 3 and Oden abstaining on Minutes of May 1 and excluding 8, be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Hodges questioned safety features of a 15-passenger van. Councilmember Mills stated that the 15-passenger van does require a driver with a chauffeur's license that should be able to address any safety issues. 1. Minutes of April 3, May 1, 8, and 15, 2002. Hodges abstain April 3; Oden abstain May 1. 2. MO 7084 approving purchases of one 3;000 gallon and two 1,500-gallon Aircraft Rescue and Fire Fighting (AARF) vehicles from Oshkosh for $1,838,127.12. 3. MO 7085 approving an agreement with Courtesy Vending Service for vending services at the airport for a three-year period for a percentage of the gross revenue. A4513. 4. MO 7086 approving lease modification 001 to A4326 with the FAA for a minor expansion of the Airport Surveillance Radar (ASR-9) site located at the airport. 5. MO 7087 approving Amendment 5 to A4382 with Gensler for architectural services related to security improvements at the airport for$27,016, 6. Res 20348 setting the time and meeting date for Closed Sessions to start at 5:30 p.m., to be held each Wednesday. 7. Res 20349 authorizing the submission of an application to the California Integrated Waste Management Board for a playground cover grant through the Used Tire Recycling Program. Council Minutes 06-05-02, Page 3 8. SEE EXTENDED CONSENT AGENDA 9. MO 7088 awarding purchase order to Desert View Tree Service for Palm Tree trimming, removal of seedpods and fronds at various locations in the City for a total cost of$48,331. IFB 02-06. 10. MO 7089 approving the cooperative purchase from Ramsey Street Ford of one E-350 CNG powered passenger van through a County of Riverside contract for $28,000.35. 11. Not Used. 12. Res 20350, 20351 and 20352 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 976227 Spurgin Spouse 976691 Mills 976241 Tenet Business Related EXTENDED CONSENT AGENDA: 8. CS 6.458 —VARIANCE —4733 E. PALM CANYON —VONS Resolution 20353 overruling the Planning Commission decision and denying Case 6,458, a variance to allow a 298 square foot kiosk with a fueling center and a minimum distance of 100 feet between the site and abutting residential zone, located at 4733 E. Palm Canyon Drive, C-D-N Zone, Section 30 was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and carried by the following vote, that R20353 be adopted. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. PUBLIC HEARINGS: 13. DELINQUENT WASTE DISPOSAL SERVICES Recommendation: That the Council place delinquent waste disposal service accounts for the fiscal year ending June 30, 2002 on the Riverside County property tax rolls. Director of Finance & Treasurer reviewed the staff report. Mayor declared the Hearing open. The following persons expressed opposition to being billed for services not requested nor needed. Don Krufall, Palm Springs Ray Hernandez, Palm Springs Council Minutes 06-05-02, Page 4 There being no further appearances, the Hearing was closed. City Attorney stated that the contract with the disposal company includes the method of charging delinquent waste disposal services; that the City does experience a high level and quality of service from the contractor; that the costs of providing the opportunity for service is spread over all property owners; and that this is a common mechanism for collection. Councilmember Hodges stated that the entire Community does pay it's fair share for the service; that the Community standards for cleanliness is higher than other cities in the valley; and that the service does help maintain that standard. Mayor stated that the process for collection is effective. Resolution 20354 as recommended was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, that R20354 be adopted. 14. CASE 5.0804 — PD254 — TTM29077 — TAHQUITZ VENTURE LLC. & CT. REALTY CORPORATION Recommendation: That the Council consider approval of Case 5.0804, PD254 for Preliminary Planned Development District and Tentative Tract Map 29077 for the subdivision of a 6.8 acre parcel into 50 residential lots and seven common area lots, for the development of a gated 50-unit multi-family cluster residential development located to the southwest of the intersection of Tahquitz Canyon Way and Museum Drive, subject to conditions. R-2 and R-3 zones, Section 15. APN 513-121-035 and 513-141-012. Director of Planning & Building reviewed the staff report and visual site plans located in the Chamber; and in answer to questions by Council stated that the applicant will be able to review the cost per unit; that parking is a concern due to shortage of parking space available in the area, however, each unit does have two covered parking spaces and guests will be able to park around and in the project; that the parking for the project does exceed requirements; that the retention basin was reviewed during site planning stages; that the stone wall on the south side of Tahquitz will remain; that the wall is somewhat eroded, but there is no plan to remove the wall in the proposed plans; that the final plans will be reviewed by the Planning Commission; that there will be a need for some fencing of the project; that at times the retention basin will hold run off water; and that further discussions will be held with the Tribe regarding the protection of its sacred grounds. Mayor declared the Hearing open. The following persons spoke in opposition to the project. Tim Helyer, Palm Springs Steven Cheroske, Palm Springs Rose Mihata, Palm Springs Sheryl Hamlin Palm Springs Tracey Conrad, Palm Springs Abe Johnson, Palm Springs Marshall Roath, Palm Springs Frank Tysen, Palm Springs Council Minutes 06-05-02, Page 5 The following persons spoke in favor of the project. David Baron, Palm Springs Karen Tablah, Palm Springs David Ball, no address given There being no further appearances, the Hearing was closed. Councilmember Hodges stated the project was not unique enough for the location; that the property does border on Tribal sacred ground; that the project does need to make a statement as an enhancement to the City; that parking is an issue; and that there is concern for congestion resulting in an issue of safety. Councilmember Mills questioned if there were any proposals on the setting of the boundaries, such as use of berms. Director of Planning & Building stated that there will be some fencing around the property; and that the Planning Commission will review the plans at a final stage. Councilmember Oden stated that previously, support was given to the project; that following the vote, a site visit was made; that it is a unique piece of property; that it is special to the City, but that this particular project is not the one for this property; that a property owner should be able to build right of zone; that all parties do know the width of the street and the adverse condition it creates; that the fire and safety issues have been addressed by professionals; that the parking issues can be addressed; that there are many mitigation measures that can be put in place; but that at this time, this particular project is not unique enough to be supported. Councilmember Mills concurred with Councilmember Oden and added that it is important to understand that the property is R-3 zoning with high density parameters; that the project is being proposed as a Planning Development District; that with such, it does require Planning Commission and Council approval; that thus far, none of the previous proposals for the site has been close to this quality; that there is concern of what the City could end up with on the site, merely by right of zone, which would not require the hearing process; that the Planned Development process is proper for this project; that the owner of the property is a resident of the City; that the quality of the project is good; that the architecture feel of the buildings do give a village feel; that the project will create an atmosphere that will fit in with the area; that,by the time the final site plans are drawn, all site plans will be refined; that with the proposed, the City is aware of what it is getting, and that should the Council choose to disapprove the project, it may end up with no legal input. Councilmember Hodges questioned the cost of the units. Mr. Baron stated that the cost would range from $350,000 to $500,000. Councilmember Hodges stated that the parking situation is of concern; that the amount of parking will be higher during the weekends; that there is concern for congestion and safety; that during the review of the Planning Commission meeting, there was not a high level of comfort generated; that there is no personal conflict with the project since Mr. Bergheer is not involved; that while the architecture is alright, it could be better; that the quality for the proposed Council Minutes 06-05-02, Page 6 location could be better; that it is not clear why an EIR was not done; that the last project sent back for an EIR did result in a better project being produced; that construction hours do need to be discussed; and that the highest quality does need to be put into the project. Mayor stated that there are concerns with the width of the street which do need to be addressed by property owners; that the street width, however, is not the issue before the Council; that the project was modified to be all single story; that the revision is a step in the right direction; that the main issue is that what is being proposed could be built anywhere; that the project lacks luster; that with the prices proposed for the units, one should expect more; that there should be more outdoor amenities; that the experience in the compound is not exciting; that the clustering and density is of concern; that the roofing would be better as terra cotta and muddied; that the landscaping is disappointing; that a great opportunity is being missed and that an additional traffic study for Tahquitz would be recommended. Councilmember Reller-Spurgin stated that architecture is not her expertise, but that the project does have a nice look and that it would be best for the developer to work more with the neighbors of the surrounding properties. Director of Planning & Building stated that traffic studies did not indicate any significant impact; that there will be some congestion at times, but that the street design itself does not encourage vehicular traffic; that the environment assessment process did not find significant impacts to warrant a full environmental impact report; that there have been many projects proposed for the site ranging from a 4 —5 story building to 150 or so condominiums. Councilmember Mills questioned the street to the west of the Willows and if it is private, on the Master Plan, and if there were conditions in the project concerning the road. Director of Planning & Building stated that the City did start the street vacation, but it was never finished; that the street is public, that it is not on the Master Plan; and that the road is offsite and not on the subject property. Councilmember Mills stated that the street is 17 feet wide and questioned if additional right of way would be requested from adjacent property owners to improve the street. Director of Planning & Building stated that the department has not received request for consideration of widening of the street. Councilmember Oden questioned if the proposed resolution could be modified for denial. City Attorney stated that the denial should contain findings; that it seems the concerns are with design; that if desired, the Council could direct the matter to review by the Planning Commission with specific direction and the matter could come back to the Council; that the matter does need to move timely; and that it is advisable that the Council take an action at this meeting. Council Minutes 06-05-02, Page 7 Councilmember Hodges stated that the City does need high end housing; that this project could be divided into large lots with $2 — 3 million dollar estates being offered. Councilmember Mills stated that the proposal by Councilmember Hodges is understandable, but that is not what the developer is offering or wants to offer; that this is a quality project and that if the common areas are of concern, something should be able to be worked out. Councilmember Oden stated that the Council should not be looking to redesign the project; that it should go back to the Planning Commission; that the project proposed could be built anywhere in the City and sell for $300,000; that this is a pristine area; that to approve the proposed project is almost a waste; and that specific design issues should be redirected to the Planning Commission. Mayor stated that the retention along Tahquitz is of concern; that the project has a lot of concrete; that there should be more amenities; that the site plan is too stiff and too forced; that the setbacks between the buildings is not appealing; and that the moat concept is not desirable. Councilmember Hodges stated that the project has the look of a commercial building. Councilmember Mills stated that a more informal site is being requested that is more free flowing. Councilmember Reller-Spurgin concurred. Councilmember Mills stated that the project has been though the processes of the City multiple times; that should the developer decide on a right-of-zone project, the Council will not have any input and that caution is advised. Council direction to prepare resolution of denial, without prejudice, for June 19, 2002 was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following vote, that the motion be adopted. AYES: Members Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NO: Member Mills ABSENT: None. 15. ORANGE AVENUE RIGHT-OF-WAY VACATION Recommendation: That the Council vacate a portion of the right-of-way dedicated for the public street named Orange Avenue, Section 19, T4S, R5E. File R-01-011. Director of Public Works/City Engineer reviewed the staff report; no further report was given. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 06-05-02, Page 8 Resolution 20355 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20355 be adopted. 16. EAST PALM CANYON DRIVE RIGHT-OF-WAY VACATION Recommendation: That the Council vacate a portion of the right-of-way dedicated for the public street named East Palm Canyon Drive, Section 25, T4S, R4E. File R-02-013. Director of Public Works/City Engineer reviewed the staff report; no further report was given. Mayor declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20356 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20356 be adopted. 17. FISCAL YEAR 2002-03 BUDGET ADOPTION AND ALLOCATED POSITIONS AND COMPENSATION PLAN Recommendation: That the Council approve the fiscal year 2002-03 budget and the Allocated Positions and Compensation Plan for positions in City service for 2002-03 fiscal year. City Manager highlighted changes in handout to include, the Planning & Building Department divided into separate Departments; that the General Plan update will be started; that a new animal shelter facility and parking structure would be funded; that VillageFest would be enhanced with water closets; and that a balanced budget is being presented. Councilmember Oden questioned with the separation of the Department of Planning & Building, would the support staff be divided as well. City Manager stated that the staffing for each department would remain as it is. Councilmember Oden questioned if the Building Department would have secretarial support without increase of additional employees or costs. City Manager affirmed. Mayor declared the Hearing open. Editorial Note: The following person spoke during public comments, but is reflected at this point. Ellen Brannigan, stated that the rates for Parks and Recreational uses should not be increased for residents; that there are few offerings in the summer for the residents and that it will be difficult for all to participate should the fees be increased. There being no appearances, the Hearing was closed. Council Minutes 06-05-02, Page 9 Councilmember Hodges questioned the status of funding of the skate park. City Manager stated that the skate park is fully funded; that it is the rest of the project that lacks completion of funding, but that it is anticipated that full funding will occur during the fiscal year. Councilmember Hodges questioned the fee increases in Parks & Recreation. City Manager stated that all fees are factored into the budget; that the increases are minimal, but across the board to be fair and equitable. Councilmember Reller-Spurgin stated that the major goal was to reinvest in the Community and that goal was achieved. Councilmember Oden stated that when the process was started there was concern that there was not enough information; that the end result is good; that there are goals for revenue potential for the next fiscal year; that the losses are projected to allow for planning during the upcoming year; that revenues increased this fiscal year by 4% and expenditures by 8%; that the bottom line is that new business will be needed for the upcoming fiscal year; that the initial step has been taken; and that the perception of business friendly will need to be addressed. Mayor stated that the results are impressive; and that a balanced budget is achieved with enhanced reserves and reinvestments in tourism, convention center and establishment of the Economic Development Fund. Resolution 20357 and 20358 as recommended were presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that R20357 and 20358 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 18. PALM CANYON THEATER LEASE Recommendation: That the Council approve Amendment 3 to A3785 with the Palm Canyon Theater extending the term of the lease for five years to April 30, 2007 for property located at Frances Stevens Park, 538 North Palm Canyon Drive, in a form subject to City Attorney approval. City Manager reviewed the staff report. Councilmember Oden stated that public comments have been heard; that the Layne's have made a proposal and kept it; that the commitment and investment has been made; that the lease has been complied with; that it is hoped that the Layne's will find ways to open up the theater for more community involvement in any way they can; that there are many facilities that can be used by groups, such as the Palm Springs Youth Center; that some problems did occur this year that Council Minutes 06-05-02, Page 10 did impact the theater such as the fire; and that the theater is a benefit to the community; and that Council should support the amendment. Councilmember Hodges stated that many have spoken from the Community that are involved with the Arts; that the City does have loyalty to those who invest in the Community; that the Layne's took a chance when there was not a lot happening; that the building needed repair; and they did the repairs with thought to the future. Councilmember Mills stated that it is important to note that the original lease was set up on a 10-year amortization schedule for improvements; that the investment was $400,000; that the renewal period was established to allow an exit if the return on the investment was not happening; that the theater is working; and that the City does have an obligation to allow the Layne's to regain their investment. Mayor stated that the site was a gift from Prescott Stevens; that the gift deed should be protected to the fullest extent of the law; that there is a lot of support valley-wide for the theater; that loss was experienced due to the fire; that a modified rent could be applied due to the loss of space; that the bathroom facilities have been addressed; that there are many resources available in the Community; that the theater is one of the assets; and that the Layne's support and contribution to the Community is appreciated and acknowledged. Minute Order 7090 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7090 be adopted. 19. SALE OF FORMER CROCKER BRANCH LIBRARY Recommendation: That the Council authorize the City Manager to execute all necessary documents necessary to complete the sale of the former Crocker Branch Library to Udo Kierspe for$300,000 for property located at 2555 N. Via Miraleste. A4514. City Manager stated that the authorized bid process did encounter problems; but that the bid received was a good price and the Library Board recommends it for approval. Councilmember Mills stated that during the bid process there was one bid that was determined nonresponsive; and that there is concern that the bid could be challenged in the future. City Attorney stated that the Library did complete the process; that a last, best final offer was requested; that two bids were considered; that one bid was submitted on a real estate form; that the bid for the property to be used as a home did contain a bid escalator; that the working was unusual; that the Board was advised that the bids could be thrown out or that one could be accepted, with the knowledge that either bid could be legally represented either way. Councilmember Mills stated that it might be a mistake to allow a bid process to proceed based on the fact that the Attorney feels that legally, the bid can be defended, is not the way to go and that caution should be used to require the bid be submitted on the proper form. Council Minutes 06-05-02, Page 11 Minute Order 7091 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that MO7091 be adopted. 20. VILLAGEFEST CLOSURE ON JULY 4T", 2002. Recommendation: That the Council authorize the closure of the July 4, 2002 VillageFest event. City manager reviewed the staff report, no further report was given. Resolution 20359 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20359 be adopted. 21. ABANDONED VEHICLE ABATEMENT Recommendation: That the Council extend the Abandoned Vehicle Abatement Program to May 31, 2014. City Manager reviewed the staff report. Councilmember Hodges questioned if the cost has escalated over the years. Director of Planning & Building stated that while the formula may rise the ending result is less. Resolution 20360 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20360 be adopted. 22. 2001-02 FISCAL YEAR BUDGET AMENDMENT ECONOMIC DEVELOPMENT PROGRAM ACCOUNT Recommendation: That the Council approve amending the 2001-02 Fiscal Year budget for$465,000 to establish an Economic Development Program Account. City Manager reviewed the staff report. Councilmember Oden questioned whether the funds used could be used regarding projects versus the issue of gifting of public funds and prevailing wage. City Attorney stated that the Agency is subject to the prevailing wage issue and that there will be a mechanism set in place to avoid the gifting of public funds. Councilmember Oden stated that the establishment of the fund does move the City in the right direction. Resolution 20361 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20361 be adopted. Council Minutes 06-05-02, Page 12 23. ORDINANCES FOR SECOND READING &ADOPTION (Intro 5-15-02) City Clerk read Titles of Ordinance 1611 and 1612 as follows: Ordinance 1611, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO THE COMMUNITY SHOPPING CENTER ZONE INCLUDING USES PERMITTED, USES PROHIBITED AND PERFORMANCE STANDARDS AND CONDITIONAL USE PERMIT CONDITIONS FOR SHOPPING CENTERS, TO PROMOTE CONSISTENCY WITH THE PROPOSED SMOKE TREE AREA PLAN and; Ordinance 1612, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROIVING A CHANGE OF ZONE FROM C-D-N (DESIGNED NEIGHBORHOOD SHOPPING CENTER), R-3 (MULTIPLE FAMILY RESENTIAL AND HOTEL ZONE) AND R-G-A(6) (CLUSTER RESIDENTIAL) TO C-S-C (COMMUNITY SHOPPING CENTER) FOR THE PROPERTY LOCATED ADJACENT AND SOUTH OF EAST PALM CANYON DRIVE BETWEEN LAVERN WAY AND BARONA ROAD, ZONE C-D- N, R-3, R-G-A(6), SECTION 25 after which, it was moved by Oden, seconded by Mills and unanimously carried, that further reading be waived and Ordinance 1611 and 1612 be adopted. 24. CONFLICT OF INTEREST CODES — BIENNIAL UPDATES Recommendation: That the Council direct each Board, Commission and/or Department which has an adopted Code to review and change, if necessary, and submit the amended Code in accordance with provisions of the Government Code. City Clerk reviewed the staff report, no further report was given. Minute Order 7092 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, that MO7092 be adopted. 25. COMPREHENSIVE FEE SCHEDULE Recommendation: That the Council adopt a re-codified Comprehensive Fee Schedule for Citywide fees. City Manager reviewed the staff report and added that as an overview the Planning & Building fees have not been increased since 1994; that the fees are increased 5% or $5.00 whichever is greater; that the biggest increase for any one item is $75.00; that the in-lieu fees for $12,000 have been revised to include property down to Amado Road; and that the fee increases are factored in the budget. Councilmember Mills questioned the legality of charging for initiative petition filing. City Clerk stated that the fees are allowable under the Election Code and that should the petitions qualify, the filing fee is refunded. Council Minutes 06-05-02, Page 13 Councilmember Mills questioned how fast is fast-tracking for the building and planning permitting process and added that a definition on what it is and what to expect needs to be made. Director of Planning & Building stated that there will be a per hour charge and that the Department will put a brochure together to inform the customer. Resolution 20362 as recommended was presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that R20362 be adopted. ADDITIONAL LEGISLATIVE ITEMS: 26. AWARD TWO INFORMAL QUOTATIONS FOR CONSTRUCTION SERVICES Recommendation: That Council award an informal bid in the amount of $18,250 to G & M Construction, for site preparation and utility work for Demuth Park Restroom Facilities, and award an informal bid to G & M Construction for tile work for Demuth Park Restroom Facilities, in the amount of $13,500. A4507, A4508 Director of Procurement and Contracting reviewed the staff report, no further report was given. Minute Order 7093 and 7094 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried that MO7093 and 7094. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 27. Treasurer's Investment Report as of April 30, 2002 — Received and Filed Councilmember Hodges requested a discussion of Council generated concerns for possible action, be scheduled for Study Session. Councilmember Oden requested the Citywide Parking Program be formalized at a regularly scheduled meeting; and requested that the Economic Development Corporation review any economic development issues. Mayor requested a report on the PM10 match. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 12, 2002 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 12, 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 a Moment of Silence REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 7, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PRESENTATIONS: None PUBLIC COMMENTS: None APPROVAL OF CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: None ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: Council Minutes 06-12-02, Page 2 CITY COUNCIL reports or requests 1. APPOINTMENTS TO BOARDS/COMMISSIONS -- SEE ATTACHED LIST Mayor recommended appointments to the following Boards and Commissions: AIRPORT (3) 3-term ending 6-30-05 HISTORIC SITE (6) 4-term ending 6-30-04 2-term ending 6-30-05 HUMAN RIGHTS (3) 3-term ending 6-30-05 LIBRARY (1) 1-term ending 6-30-05 PARKS & REC (4) 1-term ending 6-30-03 3-term ending 6-30-05 PERSONNEL (1) 1-term ending 6-30-05 PLANNING (2) 2-term ending 6-30-05 PUBLIC ART (2) 2-term ending 6-30-05 RENT REVIEW (2) 2-term ending 6-30-05—Advertise for 1 Opening "VILLAGEFEST—Re-advertise for Jeweler It was moved by Mills, seconded by Oden and unanimously carried, that the appointments to Board and Commission be ratified. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JUNE 19, 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, June 19, 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, Oden, Reller-Spurgin Absent: Councilmember Mills and Mayor Kleindienst The meeting was opened with the Salute to the Flag, and an invocation by Reverend Richard Drasen-New Thought Center-Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 14, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Palm Springs New Police Officers —Swear-in. 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: Ruth Frazee, Palm Springs, submitted a prepared report, copy on file in Office of the City Clerk, outlining past actions of code violations cited against her property. John Stiles, Palm Springs, read a prepared letter, copy on file in Office of the City Clerk, on behalf of the Economic Development Corporation. Michael McCullough, Palm Springs concurred with Mr. Stiles Brett Smith, Palm Springs, stated unfair treatment at Camelot Theater should be investigated. The following persons spoke against the project listed as Item 27. Steve Cheroske, Palm Springs Rose Mihata, Palm Springs Shirley Hamlin, Palm Springs Tracey Conrad, Palm Springs Marshall Roath, Palm Springs Phil Davis, Palm Springs The following persons requested a continuance to July 3, 2002 for Item 27. Council Minutes 06-19-02, Page 2 David Baron, Palm Springs, attorney for applicant David Ball, applicant for Item 27 Mr. Bergerman, La Valliuris Councilmember Hodges requested resolution be found regarding the property situation of Ms. Frazee. City Attorney stated meetings have been held with the property owner, her attorney and City staff; that it was thought resolution had been found and that Council could be briefed under potential litigation at the next Closed Session. APPROVAL OF CONSENT AGENDA: Items 1 thru 19. It was moved by Hodges, seconded by Oden, and unanimously carried, Mills and Kleindienst absent that Items 1 thru 19 be adopted. Review by City Manager of Consent Items to be clarified. Councilmember Hodges stated that Item 2 is another indication of how the City is affected from the tragedy of September 11, 2001. 1. MO 7095 approving Amendment 2 to A4334 with Simat, Helliesen & Eichner, Inc (SH&E) for an additional one year of air service development and marketing for the Palm Springs International Airport for$180,000. 2. MO 7096 awarding the purchase to Dell for 11 computers for use at the Palm Springs International Airport through the Western State Contracting Alliance Cooperative Purchase Program for $24,162. Ninety percent of funding via FAA grant. 3. MO ----- approving Consent to Assignment of Lease 1764 with Palm Springs FBO, LLC to Palm Springs FBO Two, LLC. Continued to 6-26-02. 4. MO 7097 approving Amendment 1 to A4407 with O'Linn Security for a six-month extension for airport security services for $70,000. Total contract $150,000. 5. MO 7098 awarding purchase order to Motorola, Inc., for purchase of 800 MHz radio equipment for security operations at the Palm Springs International Airport for $40,830.61. 6. Res -----declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Street Lighting Maintenance Districts (SLMD) 1. Withdrawn, 7. Res 20363 declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Street Lighting Maintenance District (SLMD) 3. 8. Res 20364 declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Street Lighting Maintenance District (SLMD)4. Council Minutes 06-19-02, Page 3 9. Res 20365 declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Parkways Maintenance District (PMD) 6A, 6B and 6C. 10. Res 20366 declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Parkways Maintenance District (PMD) 7. 11. Res 20367 declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Parkways Maintenance District (PMD) 8. 12. Res 20368 declaring intent to levy and collect annual assessments for 2002-03, and setting July 17, 2002, for hearing thereon for Parkways Maintenance District (PMD) 9. 13. MO 7099 approving agreement with DBX, Inc., for the Tahquitz Canyon Way Traffic Signal Interconnect Project, Bid Schedule A and Additive Bid Schedule E, for$755,303. CP00-05. A4522. 14. MO 7100 approving Supplement M011 to A1459 with Caltrans for environmental studies for the Gene Autry Trail Railroad Bridge Widening Project for $10,000. (City portion $3,000; Federal portion $7,000). 15. MO 7101 approving sole-source purchase from Johnson Power Systems for caterpillar engine repair parts for a period of one year for$100,000. 16. MO 7102 approving purchase from Nalco Chemical for water treatment chemicals for the City's Co-Generation Plants, through the State purchase agreement, for fiscal year 2002-03, for$60,000. 17. MO 7103 approving renewal with Employers' Reinsurance for City excess coverage for Workers' Compensation Insurance effective July 1, 2002 for$59,546. 18. Res 20369 approving insurance renewals for the City's Airport Liability, Aero Squadron Aircraft, All-Risk Property, Earthquake/Flood (primary level), Crime, Boiler & Machinery, through coverage provided by Davis & Graeber; and General Liability and Auto Physical Damage (Calease) Insurance through coverage provided by ICRMA; effective July 1, 2002, for a total of$634,518. 19. Res 20370 and 20371 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 977108 Spurgin Spouse EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: Council Minutes 06-19-02, Page 4 20. SEWER SERVICE CHARGES FISCAL YEAR 2002-03 Recommendation: That the Council authorize collection on the Riverside County property tax rolls the fiscal year ending June 30, 2003 sewer service charges pursuant to Ordinance 1111. Director of Finance & Treasurer reviewed the staff report, no further report was given. Mayor pro tem declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20372 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, Mills and Kleindienst absent, that R20372 be adopted. 21. CUP 5.0902 —AT &T WIRELESS — 1776 NORTH PALM CANYON DRIVE Recommendation: That the Council approve Conditional Use Permit 5.0902 with AT & T Wireless for the installation of a commercial communications antenna on a 55-foot tall monopole designed to look like a palm tree and a small equipment cabinet within an 800 square foot leased area located on the southwest corner of an existing parking lot at 1776 North Palm Canyon Drive, Zone C-1, Section 3. Applicant: AT & T Wireless. Director of Planning & Building reviewed the staff report. Councilmember Hodges stated that even disguised as a palm tree it is not aesthetically pleasing to have cell towers located on Palm Canyon Drive. Mayor pro tem declared the Hearing open; there being no appearances, the Hearing was closed. Resolution 20373 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote that R20373 be adopted. AYES: Member Oden and Mayor pro tem Reller-Spurgin NO: Member Hodges ABSENT: Member Mills and Mayor Kleindienst. 22. TTM 30574, CS 5.0908 - PD276 — 772 PRESCOTT DRIVE ZONING MAP ORDINANCE AMENDMENT Recommendation: That the Council approve Tentative Tract Map 30574 and Planned Development District 276 for the subdivision of 35,554 square feet of land into 5 lots located at 772 Prescott Drive, R-2 Zone, Section 10. Applicant: Architectural Properties. Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber. Council Minutes 06-19-02, Page 5 Mayor pro tem declared the Hearing open. The following persons spoke in favor of the project. Alan Miller, Architectural Properties Ralph Hitchcock, Palm Springs There being no further appearances, the Hearing was closed. Councilmember Oden stated that it is good to see a project come forward with the vision to exceed Council expectations; and that the project will be good for the Community. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT (PD276) APPLICATION BY ARCHITECTURAL PROPERTIES FOR THE SUBDIVISION OF 35,554 SQUARE FEET 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 by the following vote that further reading be waived and the Ordinance in introduced for first reading. AYES: Members Hodges, Oden and Mayor pro tem Reller-Spurgin NO: None ABSENT: Member Mills and Mayor Kleindienst and Resolution 20374 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R20374 be adopted. 23. TPM 30143 — SOUTHWEST INTERSECTION 1-10 & GENE AUTRY TRAIL Recommendation: That the Council file a Negative Declaration and approve Tentative Parcel Map 30143 for the subdivision of a 99 acre parcel into three parcels ranging in size from 28 to 40 acres, for lot sales purposes, for property located one quarter mile southwest of the intersection of 1-10 and Gene Autry Trail, Zone M-1-P, Section 25. Applicants are Jim Miller, Norm and Niki Sirota, Van Kleech Enterprises and Albert Fejer. Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber. Mayor pro tem declared the Hearing open; there being no appearances, the Hearing was closed. Council Minutes 06-19-02, Page 6 Resolution 20375 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R20375 be adopted. 24. TTM 30050 - CS 5.0899 — PD271 — NORTHEAST CORNER OF PALM CANYON &ACANTO DRIVES ZONING MAP ORDINANCE AMENDMENT Recommendation: That the Council file Negative Declaration and approve Specific Plan #1 Amendments; and Tentative Tract Map 30050 and Case 5.0899, Planned Development District 271, allowing a 67 lot residential subdivision on a 29.54-acre parcel located on the northeast corner of Acanto Drive and South Palm Canyon Drive. Zone R-1-13, W-R-1-13, SP-1, Section 35. Applicant: Palm Canyon LLC. Director of Planning & Building reviewed the staff report and visual site plans on display in the Chamber and stated that additional revisions were made to the Conditions of Approval and recommended approval based on inclusion of the revisions. Mayor pro tem declared the Hearing open. Marvin Roos, representing developer, stated that the revisions concern the width of the streets; that the developer is in agreement with the revisions and requested approval of the matter. There being no further appearances, the Hearing was closed. Councilmember Oden requested clarification regarding parking on the narrow street. Director of Planning & Building stated that the street is proposed to be 32 feet wide; that rolled or wedged curbing will be used; that parking will be delineated in the pavement; that the narrowness of the street gives a rural feel to the project; that a 20 foot fire land will be demarked; and that the conditions will be outlined in the Conditions, Covenants and Restrictions for the project. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 271 (PD271) WITHIN THE CANYON PARK RESORT AND SPA SPECIFIC PLAN AMENDMENT AREA FOR A 29.54 ACRE AREA INCLUDING ZONES R-1-B, W-R-1-13, SP-1 FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-13, W-R-1-B, SP-1 ZONE, SECTION 35 Council Minutes 06-19-02, Page 7 after which, it was moved by Oden, seconded by Hodges and unanimously carried by the following vote that further reading be waived and the Ordinance in introduced for first reading. AYES: Members Hodges, Oden and Mayor pro tem Reller-Spurgin NO: None ABSENT: Member Mills and Mayor Kleindienst and Resolutions 20376 and 20377 as revised were presented; after which, it was moved by Oden, seconded by Hodges and unanimously carried, Mills and Kleindienst absent, that R20376 and R20377 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None LEGISLATIVE ACTION: 25, PUBLIC AGENCY VOLUNTEERS—WORKERS COMPENSATION Recommendation: That the Council rescind Resolution 17549; and declare Police and Fire Reserves and Citizens on Patrol to be deemed employees of the City for limited purposes of providing them with Workers' Compensation coverage while performing volunteer services, training and participation in community events when requested; and approving the purchase of first dollar Workers' Compensation Insurance coverage through State Compensation Insurance Fund for the volunteers effective July 1, 2002, at an estimated cost of $14,435. Mayor pro tem stated Conflict of Interest due to spouse's involvement with the Mounted Police Search and Rescue volunteers. Director of Human Resources reviewed the staff report, no further report was given. Resolution 20378 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and carried by the following vote, that R20378 be adopted. AYES: Members Hodges and Oden NO: None ABSENT: Member Mills and Mayor Kleindienst ABSTAIN: Member Reller-Spurgin. 26. DOWNTOWN PARKING STRUCTURE —TRADE BIDS Recommendation: That the Council award trade bids for the construction of the downtown parking structure. Bid openings scheduled July 18, 2002. A4515, A4516, A4517, A4518, A4519, A4520, A4521. Executive Director—Airports reviewed a supplemental staff report, copy on file in Office of the City Clerk. Council Minutes 06-19-02, Page 8 Councilmember Hodges stated that the task is a job well done. Councilmember Reller-Spurgin stated that Bid Schedule A needs clarification that under-lighting of the canopy and the elevator are required. Minute Orders 7104, 7105, 7106, 7107, 7108 and Resolutions 20379 and 20380 as recommended were presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, Mills and Kleindienst absent, that MO7104 —7108 and R20379 and 20380 be adopted. 27. CS 5.0804 — PD254 — TAHQUITZ VENTURE, LLC/CT REALTY CORPORATION On June 5, 2002 Council approved denial of the project, without prejudice. Staff was directed to prepare the necessary documents for formal denial on the June 19, 2002 regular meeting. Additional discussions have been held with the developer, key neighbors and City staff to resolve and address the issues raised by the Council, based on the discussions held, Council may desire to consider all options at this time. Director of Planning & Building stated that resolution has been sought between neighborhood concerns, Council issues and the developer; that some headway had been made; that the concerns are being addressed and if possible, incorporated into the project; that it is requested that the item be continued to July 17, 2002 with reopening of the Hearing to allow possible resolution to the project. City Attorney stated that there is a resolution of denial without prejudice recommended for approval; that since the last meeting the developer has revised the project with significant differences; and that should the Council desire, it could direct a new public hearing on the matter for the July 17, 2002 meeting. Councilmember Oden stated that at the last meeting he was opposed to the project; that even though the opposition was expressed, if there are communications between the developer and the Community taking place, then support will be given to a continuance of the matter. Councilmember Hodges concurred. Motion to continue the matter to July 17, 2002 with public hearing noticed was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and unanimously carried, Mills and Kleindienst absent, that the item be continued and noticed for public hearing on July 17, 2002. 28. BELARDO ROAD BRIDGE AND ROAD IMPROVEMENTS MOU Recommendation: That the Council approve a Memorandum of Understanding for the Belardo Road Bridge and related roadway improvements with the Agua Caliente Band of Cahuilla Indians. A4523. Council Minutes 06-19-02, Page 9 City Attorney stated that the Tribal Counsel had reviewed and approved the Memorandum of Understanding. Minute Order 7109 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, Mills and Kleindienst absent, that MO7019 be adopted. 29. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 30. PUBLIC NUISANCE ABATEMENTS PROCEEDING & ACCOUNTING REPORTS FOR 20 PUBLIC NUISANCES — received & filed Councilmember Hodges requested a discussion of the Boards/Commissions appointment process be scheduled at the next Study Session. Councilmember Oden requested a discussion of Assessment Districts be scheduled at a future Study Session. PUBLIC reports or requests: None STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk