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HomeMy WebLinkAbout9/20/2006 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 6, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to.order at 6:14 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Rabbi Sally Olins, Temple Isaiah, Palm Springs, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:00 P.M. the meeting was called to order and the City Council added one item to the Closed Session Agenda under G.C. Section 54956.8 Conference with Real Property Negotiator, Vacant Commercial Building at 1290 Valdivia Way. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried, that the Item arose after the posting of the agenda, determined eligible for consideration and added to the Closed Session Agenda, The City Council then recessed into Closed Session to discuss matters on the Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember McCulloch noted his business related abstention on Consent Calendar Item 2.F., Warrant No. 1014803. Councilmember Mills noted his business related abstention on Consent Calendar Items 2.Y. and 2.AA., and requested Consent Calendar Items 2.J., 2.M., and 2.S. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat noted her abstention on Community Redevelopment Agency Item RA1. Mayor Oden noted he would like to comment on Consent Calendar Items 2.G. and 2.1-1. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. PRESENTATIONS: None. ITEM NO. -- City Council Minutes September 6, 2006 Page 2 1. PUBLIC HEARINGS: 1.A. CASE NO. HSPB 50 AN APPLICATION FOR THE DESIGNATION OF THE PROPERTY AT 875 CHINO CANYON ROAD AS A CLASS 1 HISTORIC SITE: Ken Lyon, Associate Planner, provided background information as outlined in the Staff Report dated September 6, 2006. Mayor Oden opened the public hearing and no speakers coming forward, the public hearing was closed. Councilmember Mills requested staff address if the addition to the structure in the 1980's was included as a component of the historical designation. ACTION: Adopt Resolution No. 21695, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DESIGNATING THE HOME LOCATED AT 875 CHINO CANYON DRIVE AS A CLASS ONE HISTORIC SITE." Motion Mayor Pro Tem Foat, seconded by Councilmember Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember Mills. Councilmember Mills stated he does not feel the City should designate late additions as Class 1 sites which was reflected by his no vote. 1.13. ALCOA WIRELESS SERVICES (SPRINT NEXTEL) CASE NO. 5.1069 CONDITIONAL USE PERMIT TO INSTALL A FORTY-FIVE FOOT TALL WIRELESS COMMUNICATION ANTENNA DESIGNATED AS A MONOPALM AND A TWELVE FOOT TALL ENCLOSED EQUIPMENT SHELTER LOCATED AT THE. METHODIST CHURCH OF PALM SPRINGS, 1555 EAST ALEJO ROAD: David Newell, Assistant Planner, provided background information as outlined in the Staff Report dated September 6, 2006. Councilmember Mills request clarification on the use of Oleanders, and requested a Condition of Approval be added providing for the change of the Oleanders to a material to be negotiated with staff. Mayor Oden opened the public hearing and no speakers coming forward, the public hearing was closed. City Council Minutes September 6, 2006 Page 3 ACTION: Adapt Resolution No. 21696, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1069 CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-FIVE (45) FOOT TALL WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONOPALM, AND A TWELVE (12) FOOT TALL ENCLOSED EQUIPMENT SHELTER LOCATED AT THE METHODIST CHURCH OF PALM SPRINGS, 1555 EAST ALEJO ROAD, ZONE MBR / HR, SECTION 14, T4S, R4E" adding a Condition of Approval that the proposed Oleanders be changed to a material negotiated with City staff. Motion Councilmember Pougnet, seconded by Mayor Pro Tem Foat and carried 4-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: Councilmember Mills. 1.C. AMENDMENT TO THE COMPREHENSIVE FEE SCHEDULE INCREASING THE TAXICAB STANDARD PICK-UP FEE AT THE PALM SPRINGS INTERNATIONAL AIRPORT: Richard Walsh, Director of Aviation, provided background information as outlined in the Staff Report dated September 6, 2006. Mayor Oden inquired if SunLine and the taxi committee were involved in the discussion with respect to fees. Mayor Pro Tem Foat and Councilmember Mills requested the City Council take public testimony on this public hearing this evening. Mayor Oden opened the public hearing and the following speaker addressed the City Council. SERGIO SANTO, President CUTOA, commented on the previous "starter' program, and stated CUTOA was not involved in the discussion and is in opposition to the program as proposed. No further speakers coming forward, the public hearing was closed. Mayor Pro Tem Foat requested the public hearing be continued for further public comment. ACTION: 1) Continue the public hearing open to October 4, 2006; 2) Direct the City Clerk to post a notice of continued public hearing; and 3) Remove related Item 2.R. from the Agenda. By consensus of the City Council. City Council Minutes September 6, 2006 Page 4 1.1). PROPOSED ORDINANCE ESTABLISHING REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS INCLUDING THE CHINO CONE; Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated September 6, 2006. Mayor Oden opened the public hearing and the following speakers addressed the City Council. FRANK GAYDOS, Palm Springs, stated his opposition to the proposed ordinance and requested the City Council consider preservation of the Chino Cone. PETE DANGERMOND, Riverside Land Conservancy, requested an open space overlay be adopted concurrently with the Ordinance and a special study session to open dialog with the parties for preservation. GREG DAY, Palm Springs, provided a summary of the Riverside Land Conservancy requests with respect to the proposed ordinance. GREG TROUSDELL, Palm Springs, spoke in support of the ordinance and stated the ordinance considers open space and development categories; commented on the retention basin issue. VIC GAINER, Palm Springs, thanked the Task Force Members, stated his support for the ordinance, and commented on the density transfer. PETER MORUZZI, Palm Springs, commented on the effects of the ordinance to the Palm Springs Visitors Center as provided in their written testimony. ANDREW VINCENT ALDER, Palm Springs, requested the City Council adopt a vision for the Chino Canyon. ED TORRES, Palm Springs, Economic Development Corporation, stated the proposed ordinance is a fair and balanced solution and requested the City Council adopt the proposed ordinance. JOHN WILLIAMS, Palm Springs, requested the City Council review any proposed action and stated the Chino Cone should be used as a Tourism asset. JADE NELSON, Palm Springs, requested the City Council preserve the Chino Cone. City Council Minutes September 6, 2006 Page 5 DAVID BARON, requested the City Council remove the Snow Creek area from the ordinance or increase the density to two-units per acre in the Snow Creek area. APRIL HILDNER, Palm Springs, spoke in opposition to development on the Chino Cone, commented on open space and requested an open space vision overlay. CHARLES SACHS, Palm Springs, stated his opposition to development on the Chino Cone and requested the Chino Cone be preserved. TOM BREWSTER, Palm Springs, commented on the scenic trails on the Chino Cone. JONO HILDNER, Palm Springs, stated the proposed density is too much for the Chino Canyon, and requested the posting of bond, enforcement and the transfer of density off the Canyon and requested an overlay vision be developed. JEFF BALLINGER, representing Century Vintage, requested the City Council include a density transfer provision outside of the Chino Cone. MARK BRAGG, Palm Springs, stated the ordinance will make his property worthless and is a "taking" and requested the City Council consider exempting his property from the ordinance or to purchase the property. No further speakers coming forward, the public hearing was closed. Councilmember Pougnet commented on the ownership in Planning Area 3, and stated the City owns a small area in Planning Area 7. Mayor Pro Tern Foat requested, and the City Council further discussed and commented on the following: calculating density, allowing for a school or an educational facility, permitting of grocery stores, equestrian facilities, natural grade as opposed to finished grade, specific plan for all of Planning Area 3, utility lines, pad heights, custom lots, establishing a plant palette, gated communities and monument signs, curbs and gutters, posting of bond for grading, slopes, contours and cut-and-fill techniques as mandatory standards, street and site plan layout, street width, water tanks, Guiding Principles General Criteria, landscape lighting, boundary walls, turf, transfer between properties, and commercial transfer. Several modifications were made to the proposed ordinance Councilmember Mills recommended the City Council add the density transfer outside the planning area and the density of Planning Area 9 in an amendment package. City Council Minutes September 6, 2006 Page 6 Mayor Oden commented on the public hearing process and recommended, based on public testimony, additional discussion for certain components. Councilmember Pougnet reiterated the areas for a possible amendment. The City Council recessed at 9.28 PM. The City Council reconvened at 9:43 P.M. Councilmember Mills noted some housekeeping items to be corrected in the ordinance for introduction, requested additional discussion with respect to boundary "flexibility" for a specific plan, adding on-site retention areas to the guidelines, and analysis of environmental work. Several modifications were made to the proposed ordinance. Councilmember McCulloch requested further discussion if Planning Area 9 should be excluded from this ordinance. Councilmember Pougnet requested staff address curbs and shoulders, and modifications were made to the proposed ordinance. Councilmember Pougnet requested the City Attorney address current legislation which may impact this ordinance and the issue of"taking." Councilmember McCulloch requested clarification on the property owned by Mark Bragg in Planning Areas 6 and 7 and provided comments on the down zoning of the property, requested additional information on the difference in zoning from Planning Area 4 and 6, and requested further discussion to exclude Planning Area 9 or increase the zoning from 1 to 2 per acre. Councilmember Mills requested an amendment to include "paving areas" along with streets for decorative concrete and/or pavers. ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried. The City Council recessed at 10:33 P.M. The City Council reconvened at 10:40 P.M. Mayor Oden commented on the public hearing process and stated new significant input was received during the public hearing. Councilmember Pougnet provided background information on the process of public input and the development of the proposed ordinance. City Council Minutes September 6, 2006 Page 7 Mayor Pro Tern Foat requested the City Attorney clarify the options of adopting the proposed ordinance and any further amendments. ACTION: 1) Table the City Council vote on the proposed ordinance until a hard copy is received by the City Council incorporating the modifications as discussed during the public hearing; and 2) Direct staff to schedule a City Council Study Session on September 13, 2006 for further discussion with respect to: density transfer outside of the area, density of Planning Area 9, open space overlay, and bonding/security and enforcement for grading work and restoration. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. Discussion and vote on the proposed ordinance was continued later in the meeting under Councilmember Comments. 1.E. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1699 FOR A PERIOD OF 10 MONTHS AND 15 DAYS PROHIBITING STREET LEVEL OFFICES AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS SUBJECT TO A CONDITIONAL USE PERMIT IN THE HISTORIC VILLAGE CENTER PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER: City Attorney Holland provided background information as outlined in the Staff Report dated September 6, 2006. Mayor Pro Tern Foat requested clarification with respect to businesses at the end of a current lease. Mayor Oden opened the public hearing and the following speaker addressed the City Council. JOY MEREDITH, Palm Springs, spoke in support of the ordinance. No further speakers coming forward, the public hearing was closed. ACTION: 1) Waive the reading of the ordinance text and adopt by title only; and 2) Adopt Ordinance No. 1701, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1699 FOR A PERIOD OF 10 MONTHS AND 15 DAYS, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING STREET LEVEL City Council Minutes September 6, 2006 Page a FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER SUBJECT TO A CONDITIONAL USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS." Motion Mayor Pro Tern Foat, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. PUBLIC COMMENT: JOY MEREDITH, Palm Springs, announced upcoming Main Street events and activities_ SERGIO SANTO, commented on an issue coming before SunLine with regard to Taxi Cab regulations and budget. VIC GAINER, Palm Springs, commented on Proposition 90 on the November 7, 2007, Statewide General Election. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Pro Tern Foat requested the City Clerk report on the placement of the Public Comment section of the agenda. CITY MANAGER'S REPORT: None. The City Council convened as the City Of Palm Springs Community Redevelopment Agency at 11:05 P.M. The Community Redevelopment Agency adjourned at 11:07 P.M. and reconvened as the City Council. 2. CONSENT CALENDAR: Mayor Oden commented on Items 2.G. and 2.H. and thanked Bill Scott and Mary Lou Feenstra for their service to City Commissions. Councilmember Mills requested clarification on Item 2.J., and then stated Items 2.J., 2.M., and 2.S. may be returned to the Consent Calendar, no separate discussion was needed. Item 2.R. was withdrawn from the Agenda under Public Hearing Item 1.C. ACTION: Approve Items 2.A., 2.B., 2,C., 2.D., 2.E., 21., 2.G., 2.H., 2.1., 2.J., 2.K., 21., 2.M., 2.N., 2.0., 2.P., 2.0., 2.5., 2.T., 2.U., 2.V., 2.W., 2.X., 2.Y., 2.Z., City Council Minutes September 6, 2006 Page 9 and 2.AA. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the September 6, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of Wednesday, July 19, 2006, and Wednesday, July 26, 2006. Approved as part of the Consent Calendar. 2.C. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1695 ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING CASE NO. 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE: ACTION: Waive further reading and adopt Ordinance No. 1695, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVE CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE." Approved as part of the Consent Calendar. 2.13. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1697 MODIFYING THE REQUIREMENTS FOR LOCATION OF AMBULANCE SERVICES IN THE PLANNED RESEARCH DEVELOPMENT PARK AND MANUFACTURING ,ZONES OF THE CITY: ACTION: Waive further reading and adopt Ordinance No- 1697, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 92.16.01 D.2 (M-1-P ZONE) AND 92.17.01.01 D.3 (M.2 ZONE) OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING THE REQUIREMENTS FOR LOCATION OF AMBULANCE SERVICES IN THE PLANNED RESEARCH DEVELOPMENT PARK AND MANUFACTURING ZONES OF THE CITY." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1698 ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION: ACTION: Waive further reading and adopt Ordinance No. 1698, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION." Approved as part of the Consent Calendar. City Council Minutes September 6, 2006 Page 10 2.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1. Adopt Resolution No. 21697, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-15-06 BY WARRANTS NUMBERED 410590 THROUGH 410665 TOTALING $101,471.09, LIABILITY CHECKS NUMBERED 1014714 THROUGH 1014742 TOTALING $131,551.76, THREE WIRE TRANSFERS FOR $129,140.03 AND THREE ELECTRONIC ACH DEBITS OF $1,108,142.61 IN THE AGGREGATE AMOUNT OF $1,470,305.48 DRAWN ON BANK OF AMERICA." 2. Adopt Resolution No. 21698, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-29-06 BY WARRANTS NUMBERED 410666 THROUGH 410745 TOTALING $113,443.27, LIABILITY CHECKS NUMBERED 1014991 THROUGH 1015018 TOTALING $132,021.67, THREE WIRE TRANSFERS FOR $75,715.43 AND THREE ELECTRONIC ACH DEBITS OF $984,228.67 IN THE AGGREGATE AMOUNT OF $1,305,409.04 DRAWN ON BANK OF AMERICA." 3. Adopt Resolution No. 21699, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDE❑ 08-12-06 BY WARRANTS NUMBERED 410746 THROUGH 410821 TOTALING $85,359.54, LIABILITY CHECKS NUMBERED 1015296 THROUGH 1015323 TOTALING $132,533.79, THREE WIRE TRANSFERS FOR $54,647.81 AND THREE ELECTRONIC ACH DEBITS OF $912,914.75 IN THE AGGREGATE AMOUNT OF $1,185,455.89 DRAWN ON BANK OF AMERICA." 4. Adopt Resolution No. 21700, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1014743 IN THE AMOUNT OF $3,000.00 DRAWN ON BANK OF AMERICA." 5. Adopt Resolution No. 21701, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1014744 THROUGH 1014987 IN THE AGGREGATE AMOUNT OF $2,064,191.79 DRAWN ON BANK OF AMERICA." 6. Adopt Resolution No. 21702, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Minutes September 6, 2006 Page 11 APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1014988 THROUGH 1014990 IN THE AGGREGATE AMOUNT OF $35,840.02 DRAWN ON BANK OF AMERICA." 7, Adopt Resolution No. 21703, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1015019 THROUGH 1015298 IN THE AGGREGATE AMOUNT OF $4,589,364.96 DRAWN ON BANK OF AMERICA." 8. Adopt Resolution No. 21704, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1015324 THROUGH 1015587 IN THE AGGREGATE AMOUNT OF $3,057,793.49 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar noting the business related abstention of Councilmember McCulloch on Warrant No. 1014803. 2.G. ACCEPT THE RESIGNATION OF WILLIAM P. SCOTT OF THE, HISTORIC SITE PRESERVATION BOARD: ACTION: Accept with regret the resignation of William Scott from the Historic Site Preservation Board. Approved as part of the Consent Calendar. 2.H. ACCEPT THE RESIGNATION OF MARY LOU FEENSTRA OF THE LIBRARY BOARD OF TRUSTEES: ACTION: 1) Accept with regret the resignation of Mary Lou Feenstra from the Library Board of Trustees; and 2) Direct the City Clerk to post a Notice of Vacancy and accept applications. Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL. YEAR 2006-07: ACTION: Adopt Resolution No. 21705, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 21612." Approved as part of the Consent Calendar. 2J. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ENGINEERING PLAN CHECK SERVICES: ACTION: 1) Adopt Minute Order No. 7905, Approving an Agreement with Engineering Resources of Southern California, Inc. for Engineering Plan City Council Minutes September 6, 2006 Page 12 Check Services for an initial term of three (3) years with two (2), one-year extensions, upon approval of the City Engineer, for a maximum term of five-years; and 2) Authorize the City Manager to execute the agreement. A5332. Approved as part of the Consent Calendar. 2.K. COST OF LIVING INCREASE (COLA) FOR UNREPRESENTED EMPLOYEES FOR FISCAL YEAR 2006-07: ACTION: Adopt Resolution No. 21706, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING A COST OF LIVING INCREASE FOR UNREPRESENTED EMPLOYEES FOR FISCAL YEAR 2006-07." Approved as part of the Consent Calendar. 2.L. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3085 WITH LENORE ANNENBERG, LEASE OF CERTAIN REAL PROPERTY AT THE PALM SPRINGS INTERNATIONAL, AIRPORT, TO EXTEND THE TERM OF THE LEASE FIVE (5) YEARS: ACTION: 1) Adopt Minute Order No. 7906, Approving Amendment No. 2 to Agreement No. 3085 with Lenore Annenberg to extend the term of the lease five (5) years effective September 15, 2006, through September 14, 2011, for certain real property at the Palm Springs International Airport; and 2) Authorize the City Manager to execute all necessary documents. A3085. Approved as part of the Consent Calendar. 2.M. AMENDMENT NO. 5 TO AGREEMENT NO. 4922 WITH SIMAT, HELLIESEN AND EICHNER, INC. (SH&E) FOR MARKETING SERVICES TO EXTEND THE TERM OF THE AGREEMENT TO JUNE 30, 2007: ACTION: 1) Adopt Minute Order No. 7907, Approving Amendment No. 5 to Agreement No. 4922 with Simat, Helliesen and Eichner, Inc. (SH&E) to extend the term of the agreement to June 30, 2007, to complete the air service development and concession development work previously approved via Amendment Nos. 2 and 3; and 2) Authorize the City Manager to execute all necessary documents. A4922. Approved as part of the Consent Calendar, 2.N. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3192 WITH ROBERT J. POND, LEASE OF CERTAIN REAL PROPERTY AT THE PALM SPRINGS INTERNATIONAL AIRPORT, TO EXTEND THE TERM OF THE LEASE FIVE (5) YEARS: ACTION: 1) Adopt Minute Order No. 7908, Approving Amendment No. 1 to Agreement No. 3192 with Robert J. Pond to extend the term of the lease five (5) years effective September 15, 2006, through September 14, 2011, for certain real property at the Palm Springs International Airport; and 2) Authorize the City Manager to execute all necessary documents. A3192. Approved as part of the Consent Calendar. City Council Minutes September 6, 2006 Page 13 2.0. APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO, 5309 WITH HARRIS REALTY APPRAISAL FOR COMMUNITY FACILITIES DISTRICT 2005-2 (ESCENA PALM SPRINGS): ACTION: 1) Adopt Minute Order No. 7909, Approving Amendment No. 1 to Agreement No. 5309, with Harris Realty Appraisal, an additional amount of $10,000, and for a total amount of $30,000, for Community Facilities District No. 2005-2 (Escena Palm Springs); and 2) Authorize the City Manager to execute all necessary documents. A5309. Approved as part of the Consent Calendar. 2.P. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2006: ACTION: Receive and file. Approved as part of the Consent Calendar. 2.Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID 2006-07 ANNUAL SLURRY SEAL, CITY PROJECT 06-13: ACTION: Adopt Minute Order No. 7910, Approving the plans, specifications and working details for the 2006-07 Annual Slurry Seal, City Project 06-13, and authorizing staff to advertise and solicit bids. Approved as part of the Consent Calendar. 2.5. PURCHASE OF MOBILE DATA COMPUTER AIR CARDS AND CONVERSION OF EXISTING MODEMS TO WIRELESS AIR CARDS IN POLICE AND FIRE DEPARTMENT VEHICLES: ACTION: 1) Adopt Minute Order No. 7911, Approving the purchase of hardware and related services from Sprint/Nextel Wireless in an amount not-to-exceed $48,266.46 to convert the existing modems to wireless air cards in Police and Fire Department Vehicles, annually for a three-year period; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.T. FOCUSED ENTITLEMENT AND PLANNING SERVICES AGREEMENT WITH MSA CONSULTING, INC. FOR THE PALM SPRINGS COUNTRY CLUB - NORTH AND SOUTH VILLAGES: ACTION: 1) Adopt Minute Order No. 7912, Approving an agreement with MSA Consulting, Inc., not-to-exceed $67,000.00 for Focused Entitlement and Planning Services for the Palm Springs Country Club - North and South Villages Project; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5333. Approved as part of the Consent Calendar. City Council Minutes September 6, 2006 Page 14 2.U. REPAIR OF THE GENE AUTRY MEDIAN SCULPTURE SAIL AND MOUNTAIN FROM THE PUBLIC ARTS MAINTENANCE FUND IN AN AMOUNT NOT TO EXCEED $8,000: ACTION: 1) Adopt Minute Order No. 7913, Approving the repair of the Gene Autry Median Sculpture Sail and Mountain with Palm Springs Welding in an amount not-to-exceed $8,000 from the Public Art Maintenance Fund. Approved as part of the Consent Calendar. 2.V. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD JULY 1, 2006, THROUGH JULY 31, 2006: ACTION: Receive and file. Approved as part of the Consent Calendar. 2.W. PROPOSED RESOLUTION ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2007: ACTION: Adopt Resolution No. 21707, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2007." Approved as part of the Consent Calendar. 2.X. PROPOSED RESOLUTION APPROVING RESERVES FOR THE GENERAL FUND, VARIOUS OPERATING AND CAPITAL PROJECT FUNDS: ACTION: Adopt Resolution No. 21708, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECT FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2006." Approved as part of the Consent Calendar. 2.Y. DESERT CHAPEL REQUEST FOR TIME EXTENSION FOR TENTATIVE TRACT MAP 28308, PD 242, CASE NO. 5.0954: ACTION: Adopt Resolution No. 21709, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM APRIL 12, 2006, TO APRIL 12, 2007, FOR TENTATIVE TRACT MAP 28308 (TTM 28308) AND PLANNED DEVELOPMENT DISTRICT 242 (PD 242) LOCATED Al 657 SOUTH SUNRISE WAY, ZONE R-1-C/RMHP, SECTION 23" Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 22. APPROVE PURCHASE OF MICROSOFT OFFICE 2003 SOFTWARE LICENSES: ACTION: Adopt Minute Order No. 7914, Approving the purchase of 95 additional Microsoft Office 2003 software licenses in the amount of City Council Minutes September 6, 2006 Page 15 $32,244.19 from CDW Government Incorporated under the State of California CMAS contract. Approved as part of the Consent Calendar. 2.AA. SUBLEASE WITH UNITED CONDOMINIUMS CORPORATION TO SUBLEASE TO THE CITY A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO (BUSINESS LEASE PSL-236 WITH THE AGUA CALIENTE RESERVATION): ACTION: Adopt Resolution No. 21710, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBLEASE TO BUSINESS LEASE PSL-236) WITH UNITED CONDOMINIUMS CORPORATION FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO AND RESCINDING RESOLUTION NO. 21407 PREVIOUSLY APPROVING A SUBLEASE." A5334. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. EXCLUDED CONSENT CALENDAR: 2.R. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 5215 WITH ACE PARKING FOR AIRPORT PARKING LOT MANAGEMENT: Withdrawn from the Agenda. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. CREATION OF AN ENERGY SUBCOMMITTEE OF THE CITY COUNCIL: City Manager Ready provided background information as outlined in the Staff Report dated September 6, 2006. ACTION: Approve the formation of an Energy Subcommittee of the City Council and appoint Councilmember Pougnet and Councilmember Mills to the Subcommittee. Motion Councilmember McCulloch, seconded by Mayor Oden and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet requested the City Manager direct the Assistant City Manager- Development Services and the Director of Building inspect and report all code violations found on the Desert Fashion Plaza Site, and congratulated City Manager Ready on receiving his Ph.D. City Council Minutes September 6, 2006 Page 16 CONTINUED FROM PUBLIC HEARING ITEM 1.D. PROPOSED ORDINANCE ESTABLISHING REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS INCLUDING THE CHINO CONE: City Clerk Thompson distributed the proposed ordinance establishing regulations for environmentally sensitive development areas including the Chino Cone as revised during public hearing Item 1.D. Councilmember Mills requested one additional modification on Page 12 Section 94.21.1.05(D)(22) be amended to read "No curbs shall be allowed except as may be required where no other viable alternative is available." ACTION: 1) Waive the reading of the ordinance text and introduce by title only; and 2) Introduce Ordinance No. 1700 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1,04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07, AND AMENDING SECTION 91,00.10, OF THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS INCLUDING THE CHINO CONE" as amended Section 94.21.1.05 p 22 . Motion Councilmember Mills, seconded by Councilmember Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. ADJOURNMENT: The City Council adjourned at 11:16 P.M. to an Adjourned Regular Meeting and Study Session, Wednesday, September 13, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 207H DAY OF SEPTEMBER, 2006. MAYOR ATTEST: City Clerk