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HomeMy WebLinkAbout2005-12-07 CC MINUTES PALM SPRINGS CITY COUNCIL ' MINUTES WEDNESDAY, DECEMBER 7, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. 114VOCATION: Mayor Oden requested a moment of silent reflection. ROLL CALL: PRESENT: Councilmember Foat, COuncilmember Mills, Councilmember Pougnet, Mayor Pro Tem McCulloch, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, and City Treasurer Graves. PRESENTATIONS: Fire Chief Goetz Administered the Oath of Office to Palm Springs Firefighters Ryland McCracken, Cory Gorospe, John Aguirre, and Richard Maddox. Police Chief Jeandron recognized Palm Springs Police Officers that received Peace Officer and Public Safety Appreciation Day Awards: Officer Simon Min, All Around Excellence in Law Enforcement. Roger Coldiron, Service to Youth Award. Palm Springs Mounted Police Search and Rescue Unit, Volunteer Program. Jon Cabrera and K-9 Kaiser, Outstanding Canine Team. ACCEPTANCE OF THE AGENDA: Staff requested Item 5.B. Slurry Seal Project and Item 2.J. Vehicle Purchase be withdrawn from the Agenda. Councilmember Pougnet requested Items 2.G. and 2.K. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.H. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Item 2.K. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. City Council Minutes December 7,2005 Page 2 REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. ' Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. PUBLIC COMMENT: None. SPECIAL CITY COUNCIL ITEMS: S1. PROPOSED RESOLUTION DECLARING THE RESULT OF THE NOVEMBER 8, 2005, REGULAR MUNICIPAL ELECTION: City Clerk Thompson provided background information as outlined in the staff report dated December 7, 2005. ACTION: Adopt Resolution No. 21463, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005 DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. S2. APPOINTMENT OF MAYOR PRO TEMPORE: Mayor Oden opened nominations for Mayor Pro Tempore and Councilmember Pougnet nominated Councilmember Ginny Foat. No other nominations brought forward, nominations were closed. The City Council expressed its appreciation to outgoing Mayor Pro Tern McCulloch. ACTION: Appoint Councilmember Foat as Mayor Pro Tempore for the term ending December, 2006. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. 1. PUBLIC HEARINGS: I.A. TWO RULE 20A UTILITY UNDERGROUNDING DISTRICTS ALONG SUNRISE WAY: David Barakian, City Engineer, provided background information as outlined in the staff report dated December 7, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. DAVID FRANCE, Palm Springs, stated he would be financially affected by 'I requiring the property owners with covenants to pay and requested clarification with the status of reserve funds. City Council Minutes December 7,2005 Page 3 JOHN WESSMAN, spoke to the fairness of the 20A rule, stated property owners must pay for 20A funds on their own utility bill and the property owners who have a convenant must also pay a direct assessment. CHUCK LAROCO, Palm Springs, questioned the fairness of the direct assessment to property owners with covenants. JOHN BUSH, Palm Springs, submitted a letter to the City Council regarding rule 20A and the legality of the proposed direct assessment; commented on sound transmission into his home. No further speakers coming forward the public hearing was closed. The City Council commented and/or discussed the following with respect to the Undergrounding District: options for property owners with covenants, 13 property owners all residential properties who would be responsible for payment of the undergrounding and the funding, prior use of Rule 20A funds for residential projects in the City, interruption of electrical service, repairing the landscaping and sidewalks, financing the portion for property owners who have a direct assessment, alternative areas to use the 20A funds, use of funds for any voltage line, alternative projects to fund with Rule 20A funds. ACTION: Direct staff to return to the City Council with additional projects and/or alternative uses for Rule 20A undergrounding and policy directives with respect to communication/notification of property owners. By consensus of the City Council. 1.13. PROPOSED ORDINANCE ESTABLISHING CERTAIN DRAINAGE, ROAD, BRIDGE, AND FIRE PROTECTION IMPACT FEES IN THE PALM CANYON AREA OF THE PALM SPRINGS MUNICIPAL CODE: ACTION: 1) Continue the Public Hearing to January 4, 2006, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried. PUBLIC COMMENT: JIIM STUART, Palm Springs, commented on Item 2.G. and requested the City Council review the rates and service of Time Warner Cable and their Exclusive Franchise Agreement; commented on election signs. BOB HELBLING, Palm Springs, spoke on Item RA4 regarding the extended agreement with Wessman Development and requested the Agency Members add restrictions on the extended agreement. City Council Minutes December 7,2005 Page 4 PAULA AUBURN, Palm Springs, stated she is opposed to the placement of a homeless t shelter in her neighborhood at Tachevah and Farrell. PATRICIA MYERS, presented a written statement from Edward Dietrich regarding the placement of a homeless shelter in their neighborhood. NANCY GUTIERREZ, Palm Springs, spoke regarding Item 5.13. and requested the City Council not award the contact to the proposed vendor. RICHARD KAY, Palm Springs, commented on problems he is having with a building project/development behind his property and the deterioration of wildlife due to the development. ROXANN PLOSS, Palm Springs, presented a preliminary copy of a downtown height limit initiative. CHARLES SACHS, Palm Springs, spoke regarding development in Tuscany Heights and environmental concerns. JONATHAN MARCUS, presented information to the City Council regarding ChemTrails, air pollution from jet planes. DON FRANK, presented information to the City Council regarding ChemTrails and air pollution. DANA STEWART, Palm Springs, presented a letter regarding building in the hillside canyons of Palm Springs. JOY MEREDITH, Palm Springs, spoke in support of Item 3.A. regarding restrictions for newsracks and requested the City Council support the proposed ordinance; provided an update regarding the activities of MainStreet. The City Council recessed at 8:16 PM. The City Council reconvened at 8:30 PM. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready presented an update on the Neighborhood Organizations forming under the Neighborhood Involvement Program, and provided an update from CVAG on proposed regulations with regard to the scalping of grass. The City Council continued as a Joint Meeting with the City of Palm Springs Financing 'I Authority at 8:34 P.M. City Council Minutes December 7,2005 Page 5 JOINT PUBLIC HEARING WITH THE CITY OF PALM SPRINGS FINANCING AUTHORITY: FA1. APPROVING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF PALM SPRINGS 2006 AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REFUNDING REVENUE BONDS (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH: City Treasurer Graves and Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated December 7, 2005. Mayor Oden opened the public hearing; no speakers coming forward the public hearing was closed. The City Council discussed and/or commented on the following with respect to the Bond Issue: years remaining on the existing bond to 2022, other Airports financing in this manner, total cost of refinancing the bonds of approximately $500,000, funding the repayment of bonds by facility income charges. ACTION: 1) Adopt Resolution No. 21464, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF PALM SPRINGS 2006 AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REFUNDING REVENUE BONDS (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH;" 2) Adopt Resolution No. 21465, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2005- 06 FISCAL YEAR;" and 3) Authorize the Mayor, City Manager, and Director of Finance and Treasurer to execute all documents necessary. A5202, A5203, A5204. Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. The City of Palm Springs Financing Authority adjourned at 8:43 P.M., the City Council continued as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency. JOINT PUBLIC HEARING WITH THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY: RA1. AMENDMENT NO. 1 TO AGREEMENT NO. A0490C A DISPOSITION AND ' DEVELOPMENT AGREEMENT BETWEEN CENTURY CROWELL COMMUNITIES, LP, D/B/A MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE FOR City Council Minutes December 7,2005 Page 6 FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME ' HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA NO. 1: Thomas Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated December 7, 2005. Mayor Oden opened the public hearing; no speakers coming forward the public hearing was closed. The City Council discussed and/or commented on the following with regard to the Disposition and Development agreement: upon resale the new sales price would reflect the Moderate Income Formula with an allowance for improvements. ACTION: Adopt Resolution No. 21466, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH CENTURY CROWELL COMMUNITIES, LP D/B/A MOUNTAIN GATE 11 PALM SPRINGS VENTURE, LLC ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE ON FIVE MODERATE INCOME HOMES IN THE DESERT HIGHLAND AREA OF MERGED AREA NO, 1." Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. The City of Palm Springs Community Redevelopment Agency adjourned at 9:48 P.M. and the City Council continued. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.1., 21., 2.M., and 2.N. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the December 7, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of November 16, 2005. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21467, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1009281 THROUGH 1009601 IN THE AGGREGATE AMOUNT OF $3,610,893.84 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21468, "A RESOLUTION OF THE CITY COUNCIL OF City Council Minutes December 7,2005 Page 7 THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11/05/05 BY WARRANTS NUMBERED 409519 THROUGH 409585 TOTALING $73,308.97, LIABILITY CHECKS NUMBERED 1009252 THROUGH 1009280 TOTALING $127,491.56, THREE WIRE TRANSFERS FOR $53,770.13, AND THREE ELECTRONIC ACH DEBITS OF $875,025.77 IN THE AGGREGATE AMOUNT OF $1,129,596.43 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21469, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11/19/05 BY WARRANTS NUMBERED 409586 THROUGH 409650 TOTALING $70,749.94, LIABILITY CHECKS NUMBERED 1009602 THROUGH 1009630 TOTALING $129,164.12, THREE WIRE TRANSFERS FOR $54,770.13, AND THREE ELECTRONIC ACH DEBITS OF $892,973.73 IN THE AGGREGATE AMOUNT OF $1,147,657.92 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. AMENDMENT NO. 5 TO ALLOCATED POSITIONS AND COMPENSATION PLAN: ACTION: Adopt Resolution No. 21470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN ADOPTED BY RESOLUTION 21284." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1679, MODIFYING THE PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS: ACTION: Waive further reading and adopt Ordinance No. 1679, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01,140, 1.06.020, 1.01.150, 8.04.340, SUBSECTIONS 1.06.030 A, 1.06.040 B, 1.06.040 C, 1.06.060 A, 1.06.220 A, 2.50.080 (a), 11.72.220 A, AND 11.72.220 E OF, AND REPEALING SECTION 8.04.135 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF MODIFICATIONS TO PROVISIONS OF THE CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS ORDINANCES." Approved as part of the Consent Calendar. 2.F. REPLACEMENT OF THE FIRE DEPARTMENT'S WIRELESS DATA RADIO NETWORK: ACTION: Adopt Minute Order No. 7780, Awarding RFP 09-06 to Digital Internet Services Corporation (DISC) for replacement of the wireless data radio network at Fire Stations 1, 3, 4, 5, and the Fire Training Center in the amount of$26,947.62. Approved as part of the Consent Calendar. City Council Minutes December 7,2005 Page 8 2.G. APPROVE AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENTS WITH TIME WARNER THROUGH DECEMBER 31, 2006: Removed from the Consent Calendar for separate discussion. 2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A4922 WITH SIMAT, HELLIESEN & EICHNER, INC. (SH&E) TO CONDUCT A MARKET STUDY AND FORECAST OF AIRPORT PASSENGER FACILITY CHARGES: Removed from the Consent Calendar for separate discussion. 2.1. APPROVAL OF ENCROACHMENT LICENSE TO THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR A PRIVATE FIBER OPTIC COMMUNICATION FACILITY WITHIN TAHQUITZ CANYON WAY: ACTION: 1) Adopt Minute Order No. 7782, Approving an Encroachment License between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs, for installation of a private fiber optic communication line within public right-of-way, from 600 E. Tahquitz Canyon Way to 707 E. Tahquitz Canyon Way; and 2) Authorize the City Manager to execute all necessary documents. A5205. Approved as part of the Consent Calendar. 2.J. APPROVE PURCHASE OF SIX (6) VEHICLES FROM FRITTS FORD IN THE AMOUNT OF $133,140.85: Withdrawn from the Agenda at the request of staff. 2.K. ACCEPT THE GRACIOUS DONATION FROM THE CIELO VISTA ELEMENTARY SCHOOL AND PALM SPRINGS RESIDENTS FRANK AND DANA BOYD FOR THE PURCHASE OF TWO POLICE DEPARTMENT CANINES: Removed from the Consent Calendar for separate discussion. 2.L. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2005: ACTION: Receive and File Treasurer's Investment Report as of October 31, 2005. Approved as part of the Consent Calendar. 2.M. TENTATIVE PARCEL MAP 30581 (TPM 30581), LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONE M-1-P, SECTION 12, APN 507-380-025: ACTION: Adopt Resolution No. 21474, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM SEPTEMBER 18, 2005, TO SEPTEMBER 18, 2006, FOR TENTATIVE PARCEL MAP 30581 TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD City Council Minutes December 7,2005 Page 9 AND COMMERCIAL ROAD, ZONE PD-158, SECTION 12." Approved as part of the Consent Calendar. 2.N. APPROVE ANNUAL DISPLAY ADVERTISING CONTRACT WITH DESERT SUN: ACTION: Adopt Minute Order No. 7783, Approving a Purchase Order with the Desert Sun for Display Advertising in an amount not-to-exceed $50,000. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.G. APPROVE AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENTS WITH TIME WARNER THROUGH DECEMBER 31, 2006: Troy Butzlaff, Assistant City Manager Administration, provided background information as outlined in the staff report dated December 7, 2005. The City Council discussed and/or commented on the following with regard to the extension: reasons for the delay, current programming on The Weather Channel, current service levels provided by Time Warner, lack of reporting to the City Council from staff, comparable rates for service with other cities in the Coachella Valley. ACTION: 1) Adopt Resolution No. 21471 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION FRANCHISE GRANTED TO PALMER CABLEVISION UNDER AGREEMENT NO. A2792 THROUGH DECEMBER 31, 2006;" 2) Adopt Resolution No. 21472, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION FRANCHISE GRANTED TO WARNER CABLE COMMUNICATIONS UNDER AGREEMENT NO. A2535 THROUGH DECEMBER 31, 2006;" and 3) Authorize the City Manager to sign all documents necessary to effectuate this action. A2792. A2535. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and carried on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet and Mayor Pro Tern Foat. NOES: Councilmember Mills and Mayor Oden. 2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A4922 WITH SIMAT, HELLIESEN & EICHNER, INC. (SH&E) TO CONDUCT A MARKET STUDY AND FORECAST OF AIRPORT PASSENGER FACILITY CHARGES: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated December 7, 2005. The City Council discussed and/or commented on the following with respect to the Agreement: Approval by the Airport Commission. City Council Minutes December 7,2005 Page 10 ACTION: 1) Approve Minute Order No. 7781, Authorizing the City Attorney to ' prepare and approving Amendment No. 4 to Agreement No. A4922 with Simat, Helliesen & Eichner, Inc. (SH&E) to conduct a market study and forecast of the Airport Passenger Facility Charge (PFC) in an amount not to exceed $75,000; and 2) Authorize the City Manager to execute all necessary documents. A4922. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried. 2.K. ACCEPT THE GRACIOUS DONATION FROM THE CIELO VISTA ELEMENTARY SCHOOL AND PALM SPRINGS RESIDENTS FRANK AND DANA BOYD FOR THE PURCHASE OF TWO POLICE DEPARTMENT CANINES: Police Chief Jeandron provided background information as outlined in the staff report dated December 7, 2005. The City Council expressed their appreciation to the donors for their generosity. ACTION: Adopt Resolution No. 21473, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING WITH GRATITUDE THE DONATION FROM THE CIELO VISTA ELEMENTARY SCHOOL AND PALM SPRINGS RESIDENTS FRANK AND DANA BOYD FOR THE PURCHASE OF TWO POLICE DEPARTMENT CANINES." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. ACTION: Continue past the 10:00 PM tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE DELETING PALM SPRINGS CODE SECTIONS 14.16.461 THROUGH 14.16.466 RELATING TO PUBLICATION VENDING MACHINES AND ADDING CHAPTER 14.26 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING STANDARDS FOR NEWSRACKS: City Attorney Holland provided background information as outlined in the staff report dated December 7, 2005. The City Council discussed and/or commented on the following with respect to the proposed ordinance: significant issue outside downtown, color preference of the proposed newsracks. ACTION: 1) Waive the reading of text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1680, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING MUNICIPAL CODE SECTIONS 14.16.461 THROUGH 14.16.466 City Council Minutes December 7,2005 Page 11 RELATING TO PUBLICATION VENDING MACHINES AND ADDING CHAPTER 14.26 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING STANDARDS FOR NEWSRACKS AND PUBLICATION VENDING MACHINES." Motion Councilmember Mills, seconded by Mayor Pro Tom Foat and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. MEMORANDUM OF UNDERSTANDING — SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 700 REPRESENTING THE GENERAL UNIT: City Manager Ready provided background information as outlined in the staff report dated December 7, 2005. The City Council expressed their appreciation to the employees of the General Unit. ACTION: 1) Adopt Resolution No. 21475, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT IN THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 700 REPRESENTING THE GENERAL UNIT, FOR THE PERIOD JULY 1, 2005, THROUGH JUNE 30, 2007, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney; and 3) Adopt Resolution No. 21476, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 21284." A5206. Motion Mayor Pro Tom Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 53. FISCAL YEAR 2005-06 ANNUAL SLURRY SEAL, CITY PROJECT NO. 05-19: Withdrawn from the Agenda at the request of staff. 5.C. APPOINT A TWO-MEMBER CITY COUNCIL SUBCOMMITTEE FOR BUSINESS RETENTION: ACTION: Appoint Mayor Pro Tern Foat and Mayor Oden to a City Council Subcommittee to address the issues of Business Retention. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried. City Council Minutes December 7,2005 Page 12 COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills requested the City Manager place on a future agenda an appropriation of$5,000 to MainStreet "seed" money for future activities and projects. Councilmember Pougnet acknowledged employees who received employee compliment cards. Mayor Pro Tern Foat requested the City Manager develop a policy and report back to the City Council for contract enhancements for Women and Minority Owned Businesses. Mayor Pro Tem Foat requested routine written reports regarding the cable franchise agreement with Time Warner. Councilmember Pougnet announced the Palm Springs High School Football Championships and congratulated Desert Chapel in their recent championship football games. Mayor Oden outlined the activities and events attended by the Mayor's Office and expressed appreciation for another successful Festival of Lights Parade. Mayor Oden requested the Fire Chief provide an update with respect to the Mobile Command Vehicle. Fire Chief Goetz announced the upcoming open-house of the new Mobile Command Vehicle. Mayor Pro Tern McCulloch reminded property owners that property taxes are due December 10, 2005, to the County of Riverside, Treasurer/Tax Collector. ADJOURNMENT: The City Council adjourned at 10:29 P.M. to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., preceded by a Closed Session at 5:00 P.M., Wednesday, December 14, 2005, City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 4tn DAY OF JANUARY, 2006. MAYOR ATTEST: /.City Clerk