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HomeMy WebLinkAbout5/15/2002 - STAFF REPORTS (5) CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 20, 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, March 20, 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, 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 March 15, 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: Brenda Willhide, 2786 Tahquitz stated that the property located at 255 South Indian Canyon has been approved for condemnation by the City; that there have been no negotiations between the City and the business owner, Mr. Pagano; that the only contact has been through Councilmember Reller-Spurgin; that there is no reason not to negotiate with Mr. Pagano; and requested assistance from the Council. David Lynch, Civic Drive, stated the City must be fair to the Saloon owner and to Mr. Pagano; that people invest in Palm Springs and should be assured they will be dealt with fairly by the City; that the City should negotiate in good faith; that a mediator may be needed; that it is important to include penalty clauses in the contract for the parking structure; and recommended the penalty escalate after a certain period of time. Richard Golay, 4420 E. Mesquite, stated that Mesquite between Vella and El Cielo in the past two years has increased in traffic; that the street is being torn up as a result; that traffic is heavy and speeds; that chi&en are present and the residents see no relief in sight; that traffic calming measures need to be implemented and that additional stop signs should be deployed. Ruth Frazel, 1048 S. Calle Marcus, stated that something does need to be done regarding the traffic on Mesquite; that the issues involving her house have not been resolved; that the issues are consuming her life and that resolution is needed. 1 Council Minutes 03-20-02, Page 2 John Kirchdoerfer, 9 Palomino Road, stated that there are signs posted illegally for the April 9m election all over town; that Code Enforcement should be enforcing the signage laws; and by not doing so, favoritism is shown. Denis Chicola, 5 Palomino Road, read a prepared letter on behalf of Ken Turner, stating that traffic calming measures on Mesquite should be continued and that the residents of Deep Well are committed to traffic calming. Thomas Van Etten, 1379 Barrymore Place, expressed his opinion regarding Council's discussion on appointment to Commission vacancies; and recommended that the Members of the Council be consistent in all actions. Casey Jones, 2617 S. Camino Real, managing partner of Caliente Tropics Resort, stated that the Historic Site Preservation Board plays a critical role in Palm Springs with its designation of historic sites; than the Board is handicapped by its vacancies, and encouraged appointments to be made to the Board. Ralph Villani, 1028 E. San Lorenzo Road, Item 16, stated that the City Engineer did an impressive report; that it is clear from the report that the problems will never be solved with the placement of stop signs; that additional police enforcement is needed; that if it is the intent to actually solve the speeding problems, then an increase of police officers must be made, and it may be that the Community would be willing to pay for the increase services through taxation. John Kimberling, 1180 Los Robles Drive, stated that there is a concern regarding the upcoming election; that it does seem that the election has turned partisan; that the election for Members of the City Council should be non-partisan; that a team is needed to look out for what is best for Palm Springs and urged the Council to continue to be independent and non-partisan. Carrie Allen, 832 San Lorenzo, expressed appreciation for the $52,000 given to the Mizell Senior Center for operational support; and stated that additional help is needed; that the Center is in an $80,000 deficit and that formal requests will be made to the City for assistance. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that Items 1 thru 9 be adopted. Review by City Manager of Consent Items to be clarified. 1. Minutes of February 6, 20, 27 and March 6, 2002. 2. MO 7029 terminating lease agreement A3544 with TDM Airport Concessions for operation of a business center located at the airport, effective April 6, 2002. 3. MO 7030 approving the purchase from Restroom Facilities Corporation for a prefabricated restroom structure to be used at DeMuth Park for $169,408 plus tax. Council Minutes 03-20-02, Page 3 4. MO 7031 approving Amendment 3 to A4382 with Gensler for architectural design services for airport security improvements for $239,425. Funded at 100% FAA grant. 5. MO 7032 ratifying Closed Session approval of March 13, 2002 to approve a severance agreement with Gareld Ellers, copy on file in Office of the City Clerk. A4460. 6. MO 7033 approving an agreement with Dokken Engineering for environmental and engineering design services for the Indian Canyon Drive Street and Bridge Widening project for$421,500. CP01-11. A4461. 7. MO 7034 approving an agreement with Albert Grover and Associates for engineering design services for the Indian Canyon Drive/Palm Canyon Drive two- way conversion project for$73,900. CP00-35. A4462. 8. MO 7035 approving Amendment 5 to A3082 with Palm Springs Disposal Services for solid waste Collection services extending the term to December 31, 2002. 9. Res 20290 and 20291 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 973884 Spurgin Spouse 974009 Spurgin Mills 973771 C. Kell-Smith Business related 973894 Tenet Business related EXTENDED CONSENT AGENDA: PUBLIC HEARINGS: 10. TTM 30453 - PDD 266 - HEAVENSTONE COLLECTIONS, LLC Recommendation: That the Council approve Tentative Tract Map 30453 for the subdivision of 1.37 acres into 6 lots for a multi-family residential complex and approve minor revisions to PDD 266 located on the northeast corner of Indian Canyon Drive and Alejo Road. R-3 zone, Section 11. Mayor Kleindienst stated conflict of interest due to business interests with applicant. Director of Planning and Building reviewed the staff report and visual site plans on display in the Chamber. Councilmember Oden questioned if all were aware of the changes to Indian and the impacts. Director of Planning & Building stated that the curb line is set; that the increase will be from 30 feet to 38 feet; that there will be less landscaping on Indian, but Council Minutes 03-20-02, Page 4 that in the long run, it is better to put all street improvements in at this point so that individual homeowners will not have to do so at a later date. Mayor pro tem declared the hearing open. Mark Temple, representing developer stated availability, along with Nick Debary, for possible questions. There being no further appearances, the hearing was closed. Councilmember Oden stated that the issue is before the Council due to some minor revisions being made after previous Council approval. Resolution 20292 as recommended was presented; after which, it was moved by Oden, seconded by Mills, and unanimously carried, Kleindienst abstaining, that R20292 be adopted. 11. 2002 SERIES A AND B MOBILE HOME PARK REVENUE BONDS (Sahara) Recommendation: On February 20, Council continued the hearing to authorize the issuance of not to exceed $12,750,000 aggregate principal amount of City of Palm Springs Mobile Home Park Revenue Bonds (Sahara) 2002 Series A & B; and authorize execution of necessary documents. A4464. City Manager stated that Ms. Harrell, Bond Counsel, was available for any questions. Director of Redevelopment reviewed the staff report and added that the action is a companion to Community Redevelopment Agency item A. Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolution 20293 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20293 be adopted. COUNCIL COMMENTS/ANNOUNCE:MENTS/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. See Council report and requests for additional comments. Council Minutes 03-20-02, Page 5 LEGISLATIVE ACTION: 12. MUNICIPAL CODE AMENDMENT FOR SECOND READING (Intro 2-27-02) City Clerk read Title of Ordinance 1607 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that further reading be waived and that 01607 be adopted. 13. 2001-02 AIRPORT FINANCIAL RECOVERY PROGRAM Recommendation: That the Council approve a recovery plan to assist the airport in covering a project shortfall of$2.2 million for fiscal year 2001-02. City Manager stated that due to the 9-11 attacks the airport is dealing with a rising deficit; that it is hoped the airport will bounce back with its revenues; that at the present time there is a $2.2 million deficit; that the proposal is to use most of the reserves, but there is still a $300,000 gap to be funded; that the recommendation is to advance the airport fund the funds with the caveat that the funds will be paid back when the problem is alleviated. Mayor stated that work at the airport is stellar; that the funds are enterprise; and that this problem is not just Palm Springs, but an international dilemma. Executive Director — Airports stated that the increase security mandates by the FAA has added incredible expense to the airport; that the expansion slated will not happen, due to the increased expenses; that the help requested does impact police and fire department overtimes; that there is a change to the resolution indicating that the funds would be a loan to be repaid; and that the Airport Commission did recommend that the loan not be repaid. Mayor questioned the allocation listed in the AD155 reserve. Executive Director — Airports stated that the request is in the bond setaside designating 25% of the operational budget; that years past on Assessment District 155 there has been the funds setaside and that, in this case, the funds would be moved to capital improvements. Resolution 20294 as revised was presented; after which, it was moved by Reller- Spurgin, seconded by Oden and unanimously carried, that R20294 be adopted. 14. AIR SERVICE DEVELOPMENT SUMMER 2002 INCENTIVE PROGRAM Recommendation: That the Council establish an air service development summer 2002 incentive program known as the "Freeport 2002 Air Carrier Operational Cost Reduction Initiative". Council Minutes 03-20-02, Page 6 City Manager stated this is an aggressive program; that hopefully the program will be valley-wide in the next few months and that this will enhance the marketing for the airport. Executive Director - Airports reviewed the staff report and added that this will be a mechanism for a no charge to landing fees for any additional new flights; that this is the fist step in the proposal; that next year the program will be more aggressive and that it is hoped to not only bring additional flights to the Valley, but to bring national publicity to the airport. Mayor questioned if the waiver would impact the Passenger Facility Charge. Executive Director—Airports stated that the PFC is $4.50; and that the net effect is .08 cents of that charge. Mayor stated that there have been discussions for the long range luring of airlines; that if the existing fees were lowered all revenue would disappear; that this is an incentive to the airlines; that it will add new service levels, without negatively affecting revenue; and that it may end up being a catalyst for June, July and August. Councilmember Mills questioned if an existing flight adds a stop to a flight would that apply to the waiver. Executive Director -Airports stated that condition would not be applicable. Resolution 20295 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that R20295 be adopted. 15. MUNICIPAL CODE AMENDMENT—SPEED LIMIT ZONES Recommendation: That the; Council approve modification of speed limits on major arterials, secondary thoroughfares and collector streets throughout the City; and authorize the City Engineer to place signage on those streets posting notice. Director of Public Works/City Engineer reviewed the staff report and added that the requirement by the California Vehicle Code is to review the limits every five years. Councilmember Mills stated that in review of the report, there seems to be some inconsistencies; that some residential streets went to 25 MPH while others were at 30 MPH; and questioned the difference in situations. City Engineer stated that not all streets are the same; that the Vehicle Code requires speed limits be set based on engineering and traffic studies; that any given street may have definitions that necessitate a lowering of the recommended levels due to the presence of schools and the like; that the same type of condition may not be present on another street; that the number of residences on a street is listed on the City's functional classification making it Council Minutes 03-20-02, Page 7 eligible for State and Local funding; and that with the posting of the limits the police officers are enabled to enforce speed limits so that the violator's tickets are upheld in court. Councilmember Mills questioned if the largest adjustment made was 5 MPH. City Engineer stated that in the undeveloped areas some of the limits were increased from 35 to 50; but that most of the speed limits were adjusted to reflect the average speed of the vehicles. Councilmember Mills stated that it is difficult to determine the logic of the study; that on one street there is R-1-C density with a school and residences on both sides of the street, and the speed limit goes from 35 to 30; that another area is by a park with R-1-D density and the limit is lowered to 25. City Engineer stated that the speed of vehicular traffic is a determining factor; that stated criteria must be met; that speed limits must be factually set, otherwise the limits are considered speed traps, thus illegal. Councilmember Mills questioned if residential areas were limited to 25 MPH. City Engineer stated that some streets were not functionally classified streets. Mayor stated that the concern is for residential streets; that it is understood that the limits are based on percentage of average speed and widths, but questioned if traffic calming devices could be used to reduce speeds. City Engineer stated that the traffic calming devices could be used; that with the use speed will reduce and that when the next study is done the average speed will be lowered. Mayor stated in the past it seemed the Council was continually raising the speed; that in this study 22 are lowered with 110 remaining at the same limit; that there are some recommendations of limits that do not seem concluded correctly, and that, for instance, on Mesquite from El Cielo to Gene Autry the limit is 35 MPH. Councilmember Oden stated that the approval of the item is support to law enforcement in its issuing of speeding tickets; that with the study, the tickets are defendable in court; and that it is clear that traffic calming measures can be used where needed in the Community. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF CERTAIN SPEED ZONES. after which, it was moved by Oden, seconded by Mills and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. Council Minutes 03-20-02, Page 8 16. CITYWIDE NEIGHBORHOOD TRAFFIC CALMING PROGRAM Recommendation: That the Council approve the Neighborhood Traffic Calming Program for the City. Director of Public Works/City Engineer stated that the study had taken some time to produce a program that would be applicable for the City; that at a previous study session the item had been discussed and neighborhood meetings have been held; that the program will provide a structured means for traffic calming and help to identify the priorities; that there are currently 12 requests pending; that the program is a combination of other programs used in California; that the worksheet for prioritization is included in the packet; that there will be costs with the program; that some of the costs will be offset by the applicants; and that should a consultant be needed for an individual program, the cost would be approximately $50.00. Councilmember Oden stated that it is good that the Community has been involved and questioned if all were aware of the final program being recommended. City Engineer stated that all concerns of each neighborhood are addressed in the program. Councilmember Oden questioned the communication process for the organizations and neighborhoods that have a concern that a program is now in place. City Engineer stated that if the recommendation is approved the cases on file will be ranked for priority; and that the request forms for the study will be placed on the web site for Community use. Councilmember Oden stated that a study session should be scheduled for full discussion in order to educate the public. Mayor stated that an ONIPP meeting is scheduled with the City Manager; that the program could be discussed at that meeting; that in addition, the City's Public Information Officer could publicize the program. Councilmember Oden stated that while not opposed to moving the recommendation forward, it is important that before the program is approved, the Community should be aware of all options that can comprise the program. Councilmember Mills questioned if the Level 2 process could be more scientifically defined as to avoid adverse situations. City Engineer stated that when a request moves to Level 2, the neighborhoods would have selected a committee to determine the alternatives. Councilmember Mills stated :some verbiage may need adjusting; that the program is not clear if consensus needed to approve an alternative is through the number of attending or the number of mailing; that it is prudent to tie down the process before the process starts. Council Minutes 03-20-02, Page 9 City Engineer stated that the program does include if the number of consensus of attendees at the meeting is not clear, then the residents of the neighborhood may be asked to vote. Councilmember Mills stated that with a possible financial commitment by the neighborhood, the standard must be clear; that supporting documents should be available to the residents; that the solutions to the problems be set out clearly; that it is important that the vehicle of proposal to the residents indicates the aesthetics of the program and how it will solve traffic problems, and exactly what the neighborhood will get for its cost; and added that the Median Island as a traffic calming measure should not be listed as a maybe, but rather as an excellent way to handle the problem. Councilmember Oden stated that the points brought up by Councilmember Mills may be concerns of the residents; that based on the comments, the legal department should review the program; and that before action is taken, the matter should be fully discussed to be sure the program is accurate with the analysis and recommendations. City Manager stated that it is a comprehensive plan; that it is agreeable that the City Attorney should review the issue particularly for hearing notices; that the matter will be presented to ONIPP at its next meeting and that the item will be brought to study session for full discussion. Councilmember Mills directed that the fee schedule be brought forward at the same discussion. Council consensus to direct City Manager to schedule the program for full discussion at a future Study Session date. 17. SUNRISE GATEWAY REVITALIZATION PLANNING AREA Recommendation: That the Council approve the Sunrise Gateway Revitalization Planning Area for the purpose of creating a unified set of objectives and approaches to development in the north end of Palm Springs. Councilmember Oden stated conflict of interest. Councilmember Mills stated conflict of interest. City Clerk prepared lots for the purpose of participation of forming a quorum. Councilmember Mills selected. Councilmember Oden left the; meeting. City Attorney stated that Councilmember Mills may not participate in the discussion, and is present to simply form a quorum to consider the item. Council Minutes 03-20-02, Page 10 Director of Community & Economic Development reviewed the staff report and handed out a boundary map. Councilmember Reller-Spurgin questioned the Planning Commission determination on the boundaries. Director of Community & Economic Development stated that the Planning Commission did not review the matter; that the recommendation does not affect the General Plan or the Zoning Ordinance. Councilmember Reller-Spurgin stated that typically the Planning Commission reviews these types of recommendations. Mayor stated that the item is an economic and quality of life issue. Director of Planning & Building stated that the recommendation does not add new policy or a new statement to the Plans; that the recommendation is merely an identification of an area for additional focus. Mayor questioned how the boundaries were formed. Director of Community & Economic Development stated that areas were reviewed that had potential for projects or projects pending; that the focus was to form an area to include Indian Avenue corridor; that the reason Racquet Club was not included was that there were no significant redevelopment challenges; and that areas that were challenged with infrastructure issues were included. Mayor questioned the goals of the plan. Director of Community & Economic Development stated that the area in place will allow for grant applications for State and Federal level for development; that if a project is in a revitalization plan, the developer also will receive benefits; that the area will receive a prioritization of Block Grant funds; that the area is not designated a project area; that project areas do have special powers, such as taxing; that demographics are figured into the creation of the area; and that population for the area is also considered. Councilmember Reller-Spurgin stated that growth for the City is north. Mayor questioned if the property owners indicated any concern with the formation. Council Minutes 03-20-02, Page 11 Director of Community & Economic Development stated that the response was in support and that most development opportunity is in the area. Resolution 20296 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Kleindienst and carried by the following vote, that R20296 be adopted. AYES: Member Reller-Spurgin and Mayor Kleindienst NO: None ABSENT: None ABSTAIN: Members Mills and Oden. 18. MUNICIPAL CODE AMENDMENT - HANDBILLS Recommendation: That the Council amend Chapter 5.20 of the Palm Springs Municipal Code related to handbill distribution within the City. City Manager withdrew the item. ADDITIONAL LEGISLATIVE ITEMS: 19. DOWNTOWN PARKING STRUCTURE DESIGN SERVICES Recommendation: That the Council approve an agreement with Walker Parking Consultants for the preparation of parking structure bid documents for site demolition and construction of the parking structure located on the west side of the 200 block of South Indian Canyon Drive in the amount of $325,000.00. A4465. Director of Downtown Development reviewed the staff report and added that there will be no loss of work or fee during the transition period; that approval of the recommendation will allow for the project to proceed on schedule; that the approval is based on City Attorney final language of the agreement; and that the request is for$325,000 plus reimbursable up to $18,000. Councilmember Mills stated that the timeline is based on an approval of April 3; and that with a decision would the timetable move up. Director of Downtown Development stated that the timeline would move up by two weeks. Councilmember Mills stated that would be occupancy of the first level by Thanksgiving. Director of Downtown Development concurred. City Attorney stated that the contracts are being finalized through the legal departments; that occupancy/ of the first floor has not been fully discussed; that the intent of the agreement will be to meet any and all deadlines put forth in the contract. Council Minutes 03-20-02, Page 12 Councilmember Mills stated that the cost of phasing the project includes 50 sets of plans per phase. Mayor questioned who the designated owners representative is. City Manager stated that the designation has been reviewed; that there will be weekly internal meetings; that it is clear a contract person will be needed to oversee the project and review change orders; and that a recommendation will be brought to Council at its next meeting for third party monitoring of the contract. Mayor stated that the third party charges are not included in this approval; but will be worth it for the good of the project. Resolution 20297 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, that R20297 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 20. Treasurers Investment Report as of January 31, 2002 Received and Filed. 21. Board and Commission Opening/Application process. Councilmember Mills stated that the Director of Planning & Building has expressed an immediate need to fill the vacancy on the Planning Commission; that the Minutes of the Commission indicate several close votes; that the slot is a determining factor for the consideration of projects; and recommended appointment be made. Mayor stated there are three; openings on the Planning Commission; that of the three, one is to fill a vacancy. Councilmember Oden stated that this process brings back somewhat unpleasant memories; that the last time; the Council as a body tried to fill seats, the first period of chaos started; that the recommendation to fill the vacancy on the Planning Commission is an affront to other Commissions who repeatedly have requested their vacancies be filled; that the last time recommendations were made by the Council, they were not honored; that it was felt by the Members that the time put into the recommendations was a waste; that rather than repeat the same action this year, it would be better to have the Mayor make the appointments; that the process does need to be reviewed; that there are a lot of questions in the Community on how the process is handled; that all who apply want to serve; that there is no communication with those that are not selected; and that the Charter is clear that the appointments are under the Mayor's jurisdiction. Council Minutes 03-20-02, Page 13 Councilmember Reller-Spurgin stated that the Council as a body has always done the interviews of the short list; that the recommendations were given to the Mayor and the appointments made; that the process had been followed up until last year; that it is clear that an appointment is needed for the Planning Commission; that personally two of the people that have applied are familiar; that the other applicant is not personally known, but that an interview could be conducted to meet the person; and clarified that the Historic Site Preservation Board was never fully appointed during the last process. Mayor stated that he personally made recommendations for four appointments two separate times last year for the Historic Site Preservation Board. Councilmember Oden stated that the Members of the City Council made recommendations that were ignored by the Mayor, because others were desired; that it is the purview of the Mayor for the appointments; and that it would be in the best interest of everyone if the policy is for the Mayor to make the appointments, with Council ratification. Mayor stated in the case of the Historic Site Preservation Board, of the names nominated, 4 were acceptable by all; that it was the choice of the Council to accept none of the nominations; and that in reality, the nominations were made twice. Mayor recommended Jerry Grence to fill a vacant term on the Planning Commission, expiring June 30, 2004. Councilmember Oden stated that last year Mr. Grence was interviewed; that the applicant was acceptable, but that in light of the flawed process, support could not be given to the nomination. Motion to appoint Jerry Grence to the Planning Commission was presented; after which, it was moved by Kleindienst, seconded by Mills and carried by the following vote, that Mr. Grence be appointed. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None Council direction to bring upcoming vacancies to next regular Council meeting, April 3, 2002. Council Minutes 03-20-02, Page 14 a) Councilmember Oden requested the various members of the Ministry be given direction regarding the invocation to avoid partisan and denominational reference and comment. b) Councilmember Oden requested a report regarding the status of the Desert Highland Unity Center Advisory Committee to include how many meetings have been held and how much training has been given to staff. c) Councilmember Oden requested the Mizell Senior Center funding request be added for discussion at the budget workshop. d) Mayor requested the City Manager be directed to work with the promoter of the LaQuinta Arts Fair to provide Palm Springs as a venue. 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 APRIL 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, April 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 Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Jerry Johnson — Lily of the Valley Church REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 29, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 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: Karen Hudon, 2320 Palermo, requested Council review of a single-family residential construction at 820 Olivera; in that neighborhood, vistas are being blocked. Wayne McKinny MD, 616 Cameo Dr, stated that help is needed for the poor and homeless in the City; that a proposal has been brought forward to convert the JC Frey Building into a usable building for feeding the homeless by way of CDBG grants to renovate the building; that when the food program is not being administered, other non- profit groups could also use the building; and that an area on the side of the building could be shielded for use of picnic tables. Bruce Johnson, 1219 Primavera Drive, stated that action does need to be taken on the Biltmore Hotel; that six months have passed since the Council's directive and that the building and property should be abated. Dolliah the Black Dahlia, stated that a claim against the City had been filed in the amount of$251,000 regarding the dry-cleaning of a wedding gown. Thomas Van Etten, 1379 Barrymore, stated that accusations had been made regarding his previous comments to the Council; and that in fact, he and his partner have been awarded and featured in many magazines. Council Minutes 04-03-02, Page 2 Brenda Willhide, 2786 Tahquitz Canyon, stated that the business owner of the Saloon should be compensated for his business loss and relocation; that the City is spending a lot of funds on a matter that could be resolved through a reappraisal. Mr. Garland Weary, Palm Springs, ;stated that the City should monitor its special events, and questioned any data that was collected; that the City does depend on tourism; and that it must be sure the right message is being portrayed. Jim Ferguson, stated that on behallf of Kurt and Anna Haagstrom, the City should enter into a lease for the Tennis Center; and by doing so, will allow the City to have a profitable Center in the Community. APPROVAL OF CONSENT AGENDA: Items 1 thru 12. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 12, excluding 7, be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. Councilmember Oden stated that item 3 should be supported, but for the future it would be best if the artwork were freely accessible by the public. 1. Approval of Minutes of March 13 & 26, 2002. 2. MO 7036 rescinding Minute Order 7013 approving Amendment #1 to A4235 for increased architectural design services for the expansion of the airport fire station. Mills Abstain. 3. MO 7037 approving Amendment #1 to A4266 with Chihuly, Inc., to extend the option for purchase of Chihuly artwork located around the interior fountain at the airport to July 1, 2002. 4. MO 7038 approving agreement with the County of Riverside for Colmac Grant funding to assist in the purchase of 5 CNG fueled vehicles, total award $50,000. A4468. 5. MO 7039 approving Amendment #1 to A3865 with Building Industry Association for the installation and maintenance of offsite directional signs for a term of March 31, 2006. 6. MO 7040 approving purchase from 3M for 54 new traffic signal emitters for use on police patrol vehicles for$57,894.08. 7. SEE EXTENDED CONSENT AGENDA 8. MO 7041 approving supplemental agreement (008-M) with CalTrans for preliminary engineering design of Indian Canyon Drive Widening (Garnet to railroad bridge) to 6 lanes for $35,000, total City match of $4,014. CP01-11 A1459. Council Minutes 04-03-02, Page 3 9. Res 20298 accepting a portion of Baristo Road and Indian Canyon Drive street improvements of Parcel Map 13574 into the City street system. 10. MO 7042 approving agreement with Contreras Construction Co., for Ruth Hardy Park sidewalk improvements, Bid Schedule A, for$17,835. CP01-28. A4470. 11. MO 7043 approving the plans, specifications and working details and authorizing advertisement for the construction bids for the 1999-00 PM-10 Control Measure Paving Project. CP99-21. 12. Res 20299 and 20300 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 974363 Tenet Business Related Reller-Spurgin 974352 Spurgin Spouse EXTENDED CONSENT AGENDA: 7. SEPTEMBER 11 AFTERMATH IN OUR COMMUNITY Recommendation: That the Council approve an agreement with County of Riverside, Department of Public Social Services/Community Action, for the Human Rights Commission to conduct a community dialogue entitled "September 11 Aftermath In Our Community: Preparing For The Future", at no cost to the City. A4469. Public Information Officer reviewed the staff report. Debra Jackson and Marie Horez, representing Riverside County; stated that Riverside County Community Action Committee will be the lead agency for the 9- 11 issue; that there has been good response thus far from the forums; that it is a family event that will be held not only in Palm Springs, but in Riverside and Hemet; that the Human Rights Commission will coordinate the effort for the City; and that the flyers are in process. Councilmember Oden expressed appreciation that the City was selected to host the forum. Minute Order 7044 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7044 be adopted. PUBLIC HEARINGS: 13. 2002-03 COMMUNITY DEVELOPMENT BLOCK GRANT Director of Community & Economic Development reviewed the staff report and added that the entitlement was down due to the census; that Palm Springs did not grow as anticipated which resulted in a 3% decrease in funding Councilmember Oden questioned the source for the reprogrammed $40,000. Council Minutes 04-03-02, Page 4 Director of Community & Economic Development stated the funding was originally slotted for Desert Aids; that the funds were not used and rolled over to this year's allotment to be used by that Agency for capital improvements. Mayor declared the hearing open. Lynne Bushore, Library Chair, stated that the library did request a grant of $15,300 to fund the Literacy Program at Desert Highland Center; and asked that the Council approve this request. Bob Marre, CEO of the Desert Healthcare Foundation, stated that the Foundation is thankful for the $15,000 grant to help fund the Smile Factory Program, which is a mobile dental office for children from low-income households. Phillip Kaplan, ADA Coordinator for the City of Palm Springs, stated that the $51,750 grant will fund improvements at Demuth Park to make the picnic area accessible for mobility challenged citizens; and that the funds will also provide new modular restrooms that are vandal resistant and ADA compliant. Bob Swoboda, Palm Springs Youth Center, requested approval of the request of $31,750 to re-roof the building, which will conserve energy and decrease the operating costs. Wayne Fleisher, Program Director for AIDS Assistance Program, stated that $22,500 was approved for Food Vouchers this year, however, the funds are just being delivered from last year's approved grant. Sister Georgette Kahill, stated that good relationships have been established with the Palm Springs Fire and Police Departments; that they help so much at Christmas and all through the year; that Nightengale Manor is at capacity, with 2 or 3 families on the waiting list, and the $10,000 grant will help fund temporary shelter through motel vouchers, and then permanent housing, if available. John Brown, stated his appreciation for the grant of $246,820, to renovate their facility with exterior safety and landscape improvements, including new sidewalks along Vista Chino and Sunrise Way; that they will combine last year's grant of $40,000 with this year's allocation, and undertake a much needed project; that they feel it is smarter to request funds in a 2 or 3 year cycle, rather than small amounts each year, and then have to wait until enough is put aside to start and finish a larger project; that they do not expect this high of an amount every year. Lewis Porter, Palm Springs Adult School, stated that the requested funds will cover job training in television and video production techniques; and that the students assist with the broadcasting of various City Meetings over public access Channel 17. Mayling Fong, Fair Housing Council, stated that they were hoping for a few more dollars in this year's grant; that the Fair Housing Council helps the community in many ways; that the request was for$30,000; $29,000 was approved, and asked the Council to consider the approval of the extra money. Margaret Roades, City Librarian, state her request to restore the $15,300 for the Literacy Program at the Desert Highland Unity Center. Council Minutes 04-03-02,Page 5 There being no further appearances, the Mayor declared the hearing closed. Councilmember Reller-Spurgin stated she would have to abstain on number 8, under the Public Facilities and Improvements Category, as she is now employed by the Mizell Senior Center. City Attorney stated the only way Councilmember Reller-Spurgin could abstain on just a single item from the: report, is to have the Council discuss and vote on it separately. It was moved by Oden, seconded by Mills, and unanimously carried, Reller- Spurgin abstaining, to have a separate vote on the Mizell Senior Center grant request. Resolution 20301 as recommended was presented; after which, It was moved by Oden, seconded by Mills, and unanimously carried, Reller-Spurgin abstaining, that R20301 be adopted. Councilmember Oden questioned the reason for denial of the Well in the Desert request for funds. Community Development Administrator stated the application was incomplete; that the Committee was sensitive to the need, but there simply was not enough information to consider funding the request. Director of Community and Economic Development stated that under the Community Redevelopment revitalization program funds will be added to enhance the program; that there must be formal request on the application in order for justification to HUD. City Manager stated that the; Committee did meet and make recommendations; that the intent was a transition of program to assist groups in need. Mayor stated that the process is pressured; that a decision has to be made at this meeting; that if a decision is not made, a Special Meeting must be called; that it would be best for the Council to have a chance to review the recommendations with discussion before being required to vote on the matter. City Manager stated if a Member has a specific request, the staff will work to fulfill the desire. Councilmember Mills stated that some of the programs involve construction and that staff should monitor the project to be sure that all standards of the City are met. Councilmember Oden stated that it seems that repetitive groups request the funding and the question needs to be why; that the purpose of the funds is to help the groups to get on their feet, not to sustain yearly operations. Council Minutes 04-03-02, Page 6 Committee Chairwoman, stated that after the major funding was allotted, the balance of funds was distributed to try to bring in new programs for the City; that the Committee is working to stay away from the funding becoming an entitlement to a group; that each program was reviewed to determine the greatest need; but that in the future, greater direction is needed from the Council to the Committee. Resolution 20302 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that R20302 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. METRO LINK— RIVERSIDE LINE RIGHTS Recommendation: That the Council support priority treatment of Metro Link's Riverside Line by Union Pacific Railroad. Mayor stated that the proposed resolution is affirming priority access to passenger lines; that ridership is in jeopardy due to the rights being given to freight; and added that all Cities in the Valley are being asked to support the Resolution. Resolution 20303 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried that R20303 be adotped. 15. SPECIAL ASSESSMENT AND COMMUNITY FACILITY DISTRICT MUNICIPAL BOND FINANCING POLICY Recommendation: That the Council adopt policy and procedure regarding municipal bond financing for selected development projects and make revision to the Policies and Procedures for Special Districts and Mello-Roos Community Facility District Financing Programs. Director of Finance & Treasurer reviewed the staff report and added that if approved, the policy would be citywide. Councilmember Oden stated that there have been many difficulties in the past with Mello-Roos; that this is an item that causes concern; that there are distinct advantages for the developer, but this method is not always good for the buyer; that many do not understand when buying what is involved; that this particular mechanism is not needed in the City; and that it is one that will not be supported. Councilmember Mills stated that this is a vehicle to assist development; that the Council could condition the approval to require all developments that have Mello- Roos come back to the Council for approval; that the condition would allow for individual consideration of each project; that Mello-Roos is an incentive to Council Minutes 04-03-02, Page 7 develop housing; that all advertising of the development is required to list it is a Mello-Roos project; that the Council should require all advertising to state the development is Mello-Roos; and that would be informative to the buyer. City Attorney stated that it is not the development of a Mello-Roos project that has caused concern, but rather the real estate marketing of the homes; that buyers have been resistive to buying Mello-Roos due to experience in the early 90's; that the mechanism did create a disincentive for buyers; that as long as the buyer is aware of the district and that the developer is required to advertise the development as Mello-Roos, then the choice becomes the developers on whether to use the district.; that the district is an economical way to do infrastructure; that up to this point, the City had a policy not to allow Mello-Roos; that before the Council are defining guidelines that the developer must follow for use of the district; and that the approval merely creates an opportunity of choice for the developer. Councilmember Mills stated that the biggest concern is disclosure; that in some cases an impound account is created; and with the transfer of ownership, the estimated monthly costs are disclosed; and questioned if there are any tax consequences for the City with the implementation of Mello-Roos. Director of Finance & Treasurer stated that it is a property tax and is on the tax bill. Councilmember Mills stated that this is another vehicle to assist in bringing development to the City and an incentive to bringing the development in. Councilmember Oden stated that all members on the Council are for economic development, but that Mello-Roos does have a bad track record and that one should be leery of a program that has such a negative connotation. City Attorney stated that the City could authorize a prepared form to be attached to the policy disclosing Mello Roos that would be required to be furnished to potential buyers. Councilmember Mills stated that the language of the resolution should be modified to include that all advertising is required to note it is a Mello-Roos project and include an explanation of what Mello-Roos is; that by doing so, should encourage the buyer to ask questions; and that with each consideration of a project it could be required to include the advertising program for Council approval. Mayor questioned if the intent is to require all advertising to explain what Mello- Roos entails. Councilmember Mills stated all text advertising. Council Minutes 04-03-02, Page 8 Councilmember Oden stated that the revisions are appreciated, but that this particular Council may not always be in place; that it is the program itself that is questionable and cannot be supported. Resolution 20304 as revised, to include inclusion of the explanation of Mello- Roos in all advertising and that a disclosure form, outlining the impact of Mello- Roos be included in buyers information was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and carried by the following vote that R20304 be adopted. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Oden ABSENT: None. 16. ORDINANCE FOR SECOND READING &ADOPTIONS (Intro 3-20-02) City Clerk read Title of Ordinance 1608 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that further reading be waived and Ordinance 1608 be adopted. 17. TRAMVIEW ROAD STREET AND SEWER IMPROVEMENTS 2001-02 BUDGET AMENDMENT Recommendation: That the Council approve an agreement with G & M Construction for the Tramview Road Street and Sewer Improvement Project, Bid Schedules A and B, for $388,750; and amend the budget in the amount of $160,000, thereto. CP01-19. A4471. City Manager reviewed the staff report, no further report was given. Minute Order 7045 as recommended and Resolution 20305 amending budget were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7045 and R20305 be adopted. 18. STATE OF CALIFORNIA CAL-CARD PROGRAM Recommendation: That the Council approve participation with the State of California Cal-Card program, including Amendment#1. A4472. City Manager reviewed the staff report, no further report was given. Councilmember Oden stated that the project was initially met with opposition and that now after thorough review the Council is eager to move ahead. Minute Order 7046 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7046 be adopted. Council Minutes 04-03-02, Page 9 19. ADDITIONAL LEGISLATIVE ITEMS: 19A. DOWNTOWN PARKING STRUCTURE Recommendation: That the Council approve an agreement with Michael E. Fontana and Associates for project owners representative services for $88,500; and Turner Construction Company for construction management services for $499,600, both related to the Downtown Parking Structure project. A4473, A4474. City Manager reviewed the staff report and requested the item be approved subject to City Attorney final language approval of the contracts. Director of Downtown Development stated that the recommendation is the best to move the project on a fast track and is the most cost efficient; that the time line for the project is tight and is key to keeping the project in budget; that using an owners representative is a time tested way to do construction of this magnitude and will be the best way to meet the objectives of the Council. Minute Order 7047 and Minute Order 7048 as recommended were presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, that MO7047 and 7048 be adopted. 19B. PALM SPRINGS TENNIS CENTER LEASE Recommendation: That the Council consider an agreement with Plaza Tennis Club for lease of the Palm Springs Tennis Center. A4475. City Manager stated that it is recommended the Council approve the lease as presented. City Attorney stated that there will be no costs by the City; that improvements will be made by the Haagstroms; that the lease does include maintenance, utilities and rent to the school district; that there was some concern with competitive tennis operations in the area; and that those concerns have been addressed. Mayor questioned Exhibit E and whether the Agua Caliente Band of Cahuilla Indians donation was figured into the expense. City Attorney stated that the Haagstroms were operating in a location that is being bought by the Tribe; that the Tribe wants to contribute to this lease to help with the transition; that the Tribe has agreed to pay $1,500 a month toward the lease payment until October; and that the Tribe has also agreed to make a contribution toward capital improvement costs. Mayor stated that the concern is that the Exhibit calls for $100,000 in capital improvements; that if for some reason the Tribe does not contribute the $50,000 there would be an expectation for the Haagstrom's to fund the full amount and that should be expected from the operator. City Attorney stated that there is confidence the situation will work out, but that if an issue arises, the matter will come back to the Council for consideration. Council Minutes 04-03-02, Page 10 Councilmember Oden expressed appreciation to Councilmember Reller-Spurgin for working to bring two groups on opposite ends together; that the lease before the Council would not be there without the efforts by Councilmember Reller- Spurgin; and that the proposal by the Haagstrom's does address no subsidy by the City and that does address a major concern. Councilmember Reller-Spurgin stated that the negotiations did take some time, but that the end result is that the taxpayers will not subsidize a for profit business; and that the lease is a win-win for the parties involved. Minute Order 7049 as revised, subject to City Attorney final contract language was presented; after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried, that MO7049 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 20. Council Liaison appointment. for the Tribal Alliance of Sovereign Indian Nations Working Committee. Mayor - designate and Mills - alternate. 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 APRIL 23, 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 Tuesday, April 23, 2002, at Noon. ROLL CALL: Present: Councilmembers 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 April 19, 2002. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Wayne Patterson, no address given, stated that the election is over; that now is the time for the healing process to begin; that many diversities of the City worked together in the election and should continue to work together; and added that it is good that Councilmember Hodges was elected to further the healing. LEGISLATIVE ACTION: 1. 2002 SPECIAL GENERAL MUNICIPAL ELECTION - RESULTS Recommendation: That the Council declare the results of the April 9, 2002, Special General Municipal Election. City Clerk reviewed the staff report and recommended approval of the Resolution. Resolution 20306 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried that R20306 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS - None 2. SWEAR-IN NEWLY ELECTED COUNCILMEMBER City Clerk administered Oath of Office to newly elected Deyna L. Hodges. Council Minutes 04-23-02, Page 2 3. COMMENTS BY NEWLY ELECTED COUNCILMEMBER Councilmember Hodges expressed appreciation to the organizations and people who worked diligently on her campaign; that now is the time to be thoughtful, committed and to bring the community together; that she was elected to be an independent thinker and an independent voice; and that her commitment is to work with the Members of the Council for the betterment of the City of Palm Springs. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests - None 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 APRIL 24, 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, April 24, 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 Shauna Segundo — Baha'i Faith. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 19, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 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: Mike McCulloch and Thomas Van Eiten, residents of Palm Springs, stated that the Community needs to come together; that now is the time for all citizens to pledge to work for the betterment of Palm Springs; and that goal would be common ground for all. Jeanne Marie Baer, E. Stevens Road, submitted a petition urging the Council to continue the lease with the Palm Canyon Theater. Richard Gayo, no address given, stated that traffic calming is needed on Mesquite between El Cielo and Vella Road; and added that the area is waiting for an accident to occur. Dr. Wayne Me Kinny, Well in the Desert, requested that the matter of the JC Frey Building with possible renovation funds from CDBG be scheduled for consideration; that leadership is needed to address the poor and homeless issue. Garland Weary, Palm Springs, read an excerpt from the Desert Post Weekly regarding a quote from Mayor Kleindienst and data gathered concerning special events and requested copies of the reports. Council Minutes 04-24-02, Page 2 David Justin Lynch, 1111 Tahquitz Canyon Way, stated that the Palm Canyon Theater is well attended and is worthy of a lease renewal by the City. APPROVAL OF CONSENT AGENDA: Items 1 thru 15. Review by City Manager of Consent, Items to be clarified. Councilmember Mills questioned item 8 on whether the contract was increased for architectural items or additions in the construction documents or observation. City Engineer stated that it is not an increase in the contract, but a one time all inclusive service agreement. Councilmember Mills questioned item 9 whether the increase in the contract was due to stoppage of work by the property owner, or if the City stopped the work. City Engineer stated that Council had approved Change Order 1; that the improvement included utilities in the Crossley tract; that the attempt was to have the property owner pay for the upgrades to the utilities due to the age; that there was a policy that allowed the City to impose on future developers the costs, but that full concurrence was needed from the property owners; that there was verbal agreement, but the documents took some time to be executed and returned to the City and that the Council had directed that the owner agreement must be in place before work could be started. Councilmember Mills questioned item 13 whether the Airport was fully supported by Cogan. Executive Director — Airports stated that about half of the airport is functional with Cogen; that this request is for emergency backup to power, if needed, for the entire airport including the new jet way bridges and that the costs are fully funded through FAA funds. It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 15, Hodges abstaining on Item 1, be adopted. 1. Approval of Minutes of April 'I I & 17, 2002. 2. Res 20307 authorizing submission of grant application to the Land and Water Conservation Fund Program for the design and construction of the skate park at Sunrise Plaza for$150,000, 3. Res 20308 authorizing submission of grant application to the Roberti-Z'Berg- Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Costal Protection Bond Act of 2000 for$126,000. 4. Res 20309 authorizing submission of grant applications to the California Integrated Waste Management Board for household hazardous waste grants for a period of three years through June 2005. 5. Res 20310 authorizing submission of funding request form to the Department of Conservation's Division of Recycling for the allocation of$12,431 per fiscal years 2001-02 and 2002-03. Council Minutes 04-24-02, Page 3 6. MO 7051 approving the purchase from Rental Service Corporation (RSC)for one JLGN35 articulating boom lift:for$33,543.65. 7. MO 7052 approving an agreement with Site Design Group for provision of design and construction observation services for the construction of a skate park and renovation of the City of Palm Springs Swim Center for $162,500.00; agreement subject to approval of City Attorney. A4485. (Revised) 8. MO 7053 approving an agreement with Parsons Brinckerhoff for architectural and engineering services for the; aesthetic treatment of the proposed interchange redesign at 1-10 and Gene Autry Trail for$30,675. A4486. 9. MO 7054 approving Change Order 2 to A4368 with E.L. Yeager Construction Co., for Crossley Tract Street and Drainage Improvements, Phase 4, for an increase of$3,240.40. Total contract $303,315.40. CP00-31. 10. MO 7055 approving the plans, specifications and working details and authorize advertisement for construction bids for the Tahquitz Canyon Way Traffic Signal Interconnect Project. CP00-05. 11. Res 20311 declaring intention to vacate right, title and interest in a portion of the right-of-way dedicated for the public street named Orange Avenue, in Section 19, T4S, RSE; and setting public hearing for May 15, 2002. File R-01-011. 12. MO 7056 approving the purchase from Dell Computers for 12 computers and 64 monitors for use in the police department through participation in the Western States Contracting Alliance price schedule for$78,385.97. 13. MO 7057 approving Change Order 2 to A4363 with BergElectric Corporation for additional equipment related to the emergency standby generator at the airport for$24,791. Subject to FAA approval. 14. MO 7058 approving the assignment of A4218 with Coast Intelligen, Inc., to Western Energy Marketers, Inc. 15. Res 20312 and 20313 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 974835 Spurgin Spouse 974977 Mills 974723 C. Kell-Smith Business Related 974844 Tenet Business Related EXTENDED CONSENT AGENDA: None. Council Minutes 04-24-02, Page 4 PUBLIC HEARINGS: 16. PALM SPRINGS MODERN HOMES— 705 EAST ARENAS ROAD Recommendation: That the Council approve Tentative Tract Map 30313, with conditions, for the subdivision of 2 acres into 24 condominium units and approve the associated Architectural ,Approval application for property located at 705 East Arenas Road, R-4 zone, Section 14. Applicant: Palm Springs Modern Homes, L.L.C. Director of Planning and Building reviewed the staff report and visual plans on display in the Chamber, Mayor declared the Hearing open. Marvin Roos, Manierio, Smith & Associates, stated availability for questions and requested approval of the project. There being no further appearances the Hearing was closed. Resolution 20314 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried that R20314 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. PALM SPRING INTERNATIONAL AIRPORT ENGINEER Recommendation: That the Council approve the selection of VSA Airports, Inc., to perform ongoing airport engineering services for a term of three years; the agreement is multi-project with the current proposed project work for $763,500. A4487. Executive Director — Airports reviewed the staff report, no further report was given. Minute Order 7059 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7059 be adopted. Council Minutes 04-24-02, Page 5 18. PALM SPRINGS SMOOTH JAZZ Recommendation: That the Council approve sponsorship of the 2002 Palm Springs Smooth Jazz Festival; authorize the expenditure of$2,900 for the cost of City support services; waive the banner fees; and suspend certain regulatory ordinances for the event. Director of Parks, Recreation and Facilities reviewed the staff report and added that the event would end at 10 p.m. Councilmember Reller-Spurgin stated that the event does benefit the Hanson House for families in need; and that the event is fully supported by Emergency Room Medical Doctor Erkalee. Councilmember Mills stated that at the last Main Street meeting the event was supported. Minute Order 7060 and Resolution 20315 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7060 and R20315 be adopted. 19, MUNICIPAL CODE AMENDMENT— PARKING STRUCTURE CONSTRUCTION Recommendation: That the Council temporarily suspend noise and construction hours regulatory ordinances for the term of the Downtown Parking Structure construction, term through January 31, 2003. Executive Director—Airports reviewed the staff report. City Attorney stated that there did need some additional wording in the recitals; that language clarification of the site would also be added; that the Ordinance is not one that is permanently codified and that the minor revisions could be made at this time. City Manager stated that the; project is new territory for staff; and that meetings will be held with the neighborhoods as soon as the construction schedule is complete. Councilmember Hodges recommended that the Ordinance be limited to concrete pours only and questioned if the Ordinance could be repealed during construction if needed. City Attorney stated that the contracts will be awarded based on the allowance of doing the work during the night; that all involved are sensitive to the issues; that meetings will be held with the neighbors and property owners for mitigation measures; and that should the Council choose to change the time lines, it would be at significant expense. Councilmember Mills stated the work hours were discussed at Main Street and that it has been indicated that the construction workers for the project will be encouraged to use the frontage rooms at nearby hotels, but that the biggest concern is the curing of concrete and allowance of time for the proper method. Council Minutes 04-24-02, Page 6 City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PERTAINING TO THE DOWNTOWN PARKING STRUCTURE CONSTRUCTION ACTIVITY TEMPORARILY SUSPENDING THE NOISE ORDINANCE AND CONSTRUCTION HOURS ORDINANCE FOR THE DURATION OF THE DOWNTOWN PARKING STRUCTURE CONSTRUCTION. after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. 20. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None REPORTS & REQUESTS: DEPARTMENTAL reports or requests— Received for Filing. 21, Treasurer's Investment Report as of February 28, 2002 22. Southern California Gas Company Franchise Statement—2001 CITY COUNCIL reports or requests a) Oden — Requested Well of the Desert issue to include CDBG funding be scheduled on the May 15, 2002 agenda. b) Hodges — Requested the Building & Planning process to be discussed at future Study Session; Requested staff check vegetable sales on corner of Alejo and Caballeros; and requested the CVAG— Exec Committee appointment on the May 1, 2002 agenda. c) Reller-Spurgin — Requested a report on the merger of PAL and Youth Center; and requested staff check the location of Ramon Road and Sunrise Way for every weekend yard sale violations. d) Mayor — Requested a Resolution concerning Palm Springs School District be brought for formal action at the May 1, 2002 meeting. 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