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HomeMy WebLinkAbout2006-10-18 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, OCTOBER 18, 2006 CITY COUNCIL CHAMBER CALL. TO ORDER: Mayor Oden called the meeting to order at 6:05 P_M_ PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Reverend Devona Cox, Retired Religious Science Ministries, 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. PRESENTATIONS: Police Chief Jeandron administered the Oath of Office to Police Officer Michael Delaney, and introduced Officer Delaney to the City Council, Mayor Oden and the City Council presented a Certificate of Recognition to Lois Ware, a nominee for the California On Location Awards. Mayor Oden announced the City's achievement as recipient of the "Best in the West" 2006 Gold Nugget Award - "In Recognition of Excellence and Value for the Palm Springs Convention Center Expansion." Mayor Oden and the City Council presented a Proclamation to the Visiting Nurses Association of the Inland Counties, for their commitment and dedication in bringing excellent health care services to the citizens of the City of Palm Springs. Alison Elsner, Representing the YMCA, presented the City Council a proclamation for the City's support of the YMCA. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 P.M. the meeting was called to order and the City Council added one item to the Closed Session, by unanimous vote (4-0) noting the absence of Councilmember Mills, for Conference with Real Property Negotiator, to discuss price and terms, for the United Condominium Corporation parcel, Business Lease PSL-236, pursuant to Government Code Section 54916.8; after making the finding that the Item came to the attention to the City after the posting of the Agenda, and the immediate need to take action on the Item. The City Council recessed into Closed Session to discuss matters on the Closed Session City Council Minutes October 18, 2006 Page 2 Agenda. The City Council took action on the United Condominium Corporation parcel, ' Business Lease PSL-236, approving a modification in terms, on-file in the Office of the City Clerk. No other reportable actions were taken. ACCEPTANCE OF THE AGENDA: Mayor Oden requested Public Hearing Item I.E. be taken out of order and heard as the first public hearing. Councilmember Mills noted his business related abstention on Consent Calendar Items 2.G. and 2.H., and requested Item 2.J. be removed from the Consent Calendar for separate discussion. Councilmember Pougnet noted his business related abstention on Consent Calendar Item 2.E_, and requested Items 2.1-1., 2.K., and 2.T. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat noted her property related abstention on Consent Calendar Item 2.K. and requested Item 2.P. be removed from the Consent Calendar for separate discussion. Councilmember McCulloch requested Item 2.G. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: The City Council heard Item 1.E. out of order. 1.E. APPROVAL OF AMENDMENT NO. 3 TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY TO THE SPA HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED PROJECT AREA NO. 2 (A0339C): John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated October 18, 2006. Mayor Oden opened the public hearing, and the following speaker addressed the City Council. TOM DAVIS, Representing the Agua Caliente Band of Cahuilla Indians, ' requested the City Council approve the Amendment. City Council Minutes October 18, 2006 Page 3 No further speakers coming forward, the public hearing was closed. Councilmember Mills requested staff address the vacation of streets. Councilmember Pougnet requested staff address the boundaries of the project. ACTION: Adopt Resolution No. 21741, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY TO THE SPA HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED PROJECT AREA NO. 2." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. Mayor Pro Tem Foat stated she has a property related conflict of interest with respect to Item 1.A. and left Council Chamber. I.A. REQUEST FOR DESIGNATION OF A CLASS 1 HISTORIC SITE FOR PROPERTY LOCATED AT 640 NORTH INDIAN CANYON DRIVE CASE 5.1012 / HSPB NO. 49: Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated October 18, 2006. Mayor Oden requested staff address whether the Council has designated any property under construction. Councilmember Pougnet requested staff address the difference in recommendations with respect to staff and the Historic Site Preservation Board. Mayor Oden requested staff address the designation with respect to "important persons." Mayor Oden opened the public hearing, and the following speakers addressed the City Council. BAI "TOM" TANG, Representing Applicant, commented on the elements 1 that qualify the property for historic designation, and requested the City Council support the designation as a Class 1 Historic Site. City Council Minutes October 18, 2006 Page 4 LISA LUISI, Palm Springs, Representing Owner of the Spanish Inn, ' provided information on the history of the existing complexes, and requested the City Council support the designation as a Historical Site. CHARLES SACHS, Palm Springs, read a statement by Roxann Ploss, and requested the City Council support the designation of the property as a Historic Site. CATHERINE MoMILLAN, Palm Springs, stated her opposition to the property being designated as a Historical Site, and commented on neighborhood problems with the property. No further speakers coming forward, the public hearing was closed. Councilmember McCulloch requested staff address the previously approved schedule of improvements. Mayor Oden commented on the history of the site in relation to the rise of small hotels, the previous code enforcement issues with the site, and requested the Applicant finish the construction before requesting designation. Councilmember Mills requested staff address the historic site process in terms of the current progress and construction of the site, commented on the significance of the site, requested staff address Condition 3 in the proposed resolution, and expressed concerns with the project. Councilmember Pougnet commented on the previous actions by the City Council for an adaptive reuse plan, and requested staff to determine if the property is subject to the City's Vacant Building Ordinance. ACTION: Direct staff to return to the City Council with a resolution denying the request for designation as a Class 1 Historic Site. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tern Foat. Mayor Pro Tern Foat returned to the dais. 1.B. AN APPLICATION BY MESQUITE VILLAS 03, LLC, (MARSHALL , ININNS DESIGN GROUP) FOR A TENTATIVE TRACT MAP, (TTM 32071) FOR A CONDOMINIUM MAP FOR THE DEVELOPMENT OF A ' City Council Minutes October 18, 2006 Page 5 90-UNIT CONDOMINIUM COMPLEX, LOCATED ALONG THE SOUTH A SIDE OF MESQUITE AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated October 18, 2006. Councilmember Pougnet requested staff address the "buildable" area due to slope. Councilmember Mills requested staff address the development standards in relation to the slope. Mayor Pro Tem Foat left the meeting at 7:16 P.M. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. MARSHALL ININNS, Representing Applicant, commented on the open space and "buildable" area, outlined the components of the project, and stated he has contacted and is working the neighborhood. JUDY HALL, Palm Springs, President HOA Park View Mobile Homes, stated the Applicant is working with Park View Mobile Home residents to meet their concerns, and that the majority of the Homeowners support the project. No further speakers coming forward, the public hearing was closed. Councilmember Mills requested staff identify the location of the air conditioning units, requested staff address the backup requirement out of driveways, commented on the landscape plan at the end of Mesquite, and requested the Applicant address the backup requirements out of driveways. Councilmember Pougnet requested staff address the General Plan designation and commented on the fire access. Mayor Oden requested staff address the center car back out plan and requested the Fire Chief address the Fire Department access. ACTION: Adopt Resolution No. 21738, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 32071 THEREBY ALLOWING A PROPOSED PROJECT FOR A 90- UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATELY 6.8-ACRE PARCEL, LOCATED ALONG THE SOUTH SIDE OF MESQUITE City Council Minutes October 18, 2006 Page 6 AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE, ' ZONE R-3, SECTION 22,"and direct staff to review the driveway back-up area requirements, and adjust if necessary during the final map approval process. Motion Councilmember McCulloch, seconded by Councilmember Mills and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Pougnet. ABSENT: Mayor Pro Tern Foat. 1.C, AN APPLICATION BY BRUCE R. OSTRANDER FOR GORDON ELKINS, ET AL, FOR TENTATIVE PARCEL MAP 35046 TO SUBDIVIDE THE AIRSPACE FOR AN APPROXIMATE 0.22-ACRE PARCEL FROM TENANCY-IN-COMMON OWNERSHIP OF FOUR ATTACHED MULTI- FAMILY UNITS TO CONDOMINIUM OWNERSHIP LOCATED AT 993 EAST PAROCELA PLACE, ZONED R-2, SECTION 23: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 18, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. ' BRUCE OSTRANDER, Representing Applicant, requested the City Council approve the project. BOB HELBLING, Palm Springs, stated his support for the project, and requested the City Council approve the project, No further speakers coming forward, the public hearing was closed. Councilmember Mills commented on the lack of covered parking for substandard lots for these types of conversions. Councilmember Pougnet requested staff address the conversion issues and the covered parking issues. Councilmember McCulloch requested the City Attorney address the issue as setting a prescient. ACTION: Adopt Resolution No. 21739, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PARCEL MAP TO SUBDIVIDE AIRSPACE FOR CONDOMINIUM OWNERSHIP OF FOUR EXISTING ATTACHED MULTI- ' FAMILY UNITS, LOCATED AT 993 EAST PAROCELA PLACE, SECTION City Council Minutes October 18, 2006 Page 7 23, APN: 508-215-004." Motion Councilmember Pougnet, seconded by Mayor Oden and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Oden. NOES: Councilmember Mills. ABSENT: Mayor Pro Tern Foat. The City Council directed staff to schedule a City Council study session to discuss covered parking requirements for substandard lots and conversions. 1.D. AN APPLICATION BY FIVE STAR DEVELOPMENT, LLC, OWNERS OF IRONWOOD CONDOMINIUMS, REQUESTING APPROVAL OF A TENTATIVE TRACT MAP 34933 FOR THE DEVELOPMENT OF TWELVE TWO-BEDROOM RESIDENTIAL CONDOMINIUM UNITS, ON A SITE MEASURING APPROXIMATELY THREE QUARTERS OF AN ACRE, LOCATED AT 720 AND 750 SOUTH CALLS PALO FIERRO, ZONE R-3, SECTION 23: Craig Ewing, Director of Planning Services, provided background ' information as outlined in the staff report dated October 18, 2006. Mayor Oden opened the public hearing, and the following speaker addressed the City Council. i ' LARRY HOCHANADEL, Representing Applicant, stated he was available • for any questions, and requested the City Council approve the project. No further speakers coming forward, the public hearing was closed. Councilmember Pougnet requested staff address the use of the adjoining properties. ACTION: Adopt Resolution No. 21740, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34933 TO DIVIDE AIRSPACE FOR A ONE LOT CONDOMINIUM MAP TO CONSTRUCT TWELVE RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 720 AND 750 SOUTH CALLE PALO FIERRO, ZONE R-3, SECTION 23." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. e NOES: None. ABSENT: Mayor Pro Tern Foat. City Council Minutes October 18, 2006 Page 8 PUBLIC COMMENT: ' DAVID MORGAN, Palm Springs, commented on Consent Calendar Item 2.P. and requested the City Council consider a sponsorship opportunity. KENNETH GREGORY, La Quinta, introduced himself as a candidate for Trustee of Area 4 for the Desert Community College District. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready reported on the TUMF fees audit by CVAG, provided an update on code enforcement activities, and commented on the pedestrian bridge at the wash. The City Council recessed at 8:05 P.M. as the Community Redevelopment Agency. The City Council reconvened at 8:11. P.M. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.1., 21., 2.M., 2.N., 2.0., 2.Q., 2.R., and 2.S. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, ' Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tem Foat. 2.A. REPORT ON POSTING Or THE AGENDA: ACTION: Receive and file Report on the Posting of the October 18, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of October 11, 2006. Approved as part of the Consent Calendar. 2.C, APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21742, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1016154 THROUGH 1016292 IN THE AGGREGATE AMOUNT OF $1,254,661.41 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21743, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED ' 1016293 AND 1016294 IN THE AGGREGATE AMOUNT OF $877,342.08 City Council Minutes October 18, 2006 Page 9 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. STAFF AUTHORIZED AGREEMENTS FOR SEPTEMBER 2006: ACTION: Receive and file Staff Authorized Agreements covering the period September 1 through September 30, 2006. Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1702, AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING THE ZONING MAP BY APPROVING CASE NO. 5.1035- CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D (SINGLE-MULTI-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND WEST OF WHITEWATER RIVER: ACTION: Waive further reading and adopt Ordinance No. 1702, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING CASE NO. 5.1035- CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D (SINGLE-MULTI-FAMILY RESIDENTIAL) FOR THE PROPERTY ' LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND • e WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION 6." Noting the business related abstention of Councilmember Pougnet. Approved as part of the Consent Calendar. 2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO, 1703, AN ORDINANCE OF THE CITY OF PALM SPRINGS ' AMENDING SECTION 12.56.042 OF THE PALM SPRINGS MUNICIPAL CODE, ADDING LIVMOR AVENUE TO THE LIST OF STREETS WHERE COMMERCIAL VEHICLES EXCEEDING CERTAIN DESIGNATED WEIGHTS ARE PROHIBITED: ACTION: Waive further reading and adopt Ordinance No. 1703, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ' AMENDING SECTION 12.56.042 OF THE PALM SPRINGS MUNICIPAL CODE, ADDING LIVMOR AVENUE TO THE LIST OF STREETS WHERE COMMERCIAL VEHICLES EXCEEDING CERTAIN DESIGNATED WEIGHTS ARE PROHIBITED." Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 1 TO AIRPORT PARKING LOT MANAGEMENT SERVICES AGREEMENT NO. A5215 WITH ACE PARKING MANAGEMENT, INC: ACTION: 1) Adopt Minute Order No. 7934, Approving Amendment No. 1 to Airport Parking Lot Management Services Agreement No. A5215 with Ace Parking Management, Inc., effective September 1, 2006, and valid until January 31, 2011, to add Taxi Starter Service as a reimbursable City Council Minutes October 18, 2006 Page 10 expense from taxi fees for the remaining four years and five months of the , Agreement; and 2) Authorize the City Manager to execute all necessary documents. A5215. Approved as part of the Consent Calendar. 2.L. APPROVE VEHICLE OUTFITTING FOR POLICE DEPARTMENT: ACTION: Adopt Minute Order No. 7937, Waiving the competitive requirements of the Municipal Code and approving the purchase of equipment and integration services for eight (8) police patrol vehicles from Woodcrest Vehicle Center in the amount of $70,238.88 Approved as part of the Consent Calendar. 2.M. RESIGNATION OF BOB TURANCHIK FROM THE RENT REVIEW COMMISSION: ACTION: 1) Accept with regret the resignation of Bob Turanchik from the Rent Review Commission; and 2) Direct the City Clerk to post a Notice of Vacancy and advertise the vacancy on PSCTV. Approved as part of the Consent Calendar. 2.N. PROPOSED LETTER OF SUPPORT FOR THE INLAND EMPIRE JURISDICTIONS' SUPPORT FOR THE GOODS MOVEMENT INITIATIVE: ACTION: Authorize the Mayor to execute the Statement By Elected ' Representatives of Every Jurisdiction in San Bernardino and Riverside Counties that Must Become Southern California's Overriding Priority document. Approved as part of the Consent Calendar. 2.0. AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE OPERATION OF A HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY: ACTION: 1) Adopt Minute Order No. 7938, Approving an agreement with the County of Riverside for the operation of a permanent household hazardous waste collection facility at the City's Fire Training Center; and 2) Authorize the City Manager to execute all necessary documents. A5358. Approved as part of the Consent Calendar. 2.Q. APPROVAL OF EXPENDITURE PLAN OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT: ACTION: 1) Adopt Minute Order No. 7939, Approving an expenditure plan for $202,000 from a Supplemental Law Enforcement Services Fund (SLESF) Grant from the State of California; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. City Council Minutes October 18, 2006 Page 11 2.R. APPROVE PURCHASE OF A BUILDING ACCESS CONTROL/SECURITY SYSTEM FOR CITY HALL, EDOM HILL. AND POLICE DEPARTMENT: ACTION: Adopt Minute Order No. 7940, Awarding RFP 03-07 to Ingersoll Rand Security Technologies for the purchase and installation of a building access control/security system at City Hall, Edom Hill, and the Police Department in the amount of $110,853.89. Approved as part of the Consent Calendar. 2.5, PROFESSIONAL SERVICES SOFTWARE LICENSE AGREEMENT WITH CYRUN FOR THE COMPUTER-AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM: ACTION: 1) Adopt Minute Order No. 7941, Approving a Professional Services Software License Agreement with Cyrun for the Computer-Aided Dispatch and Records Management System. 2) Authorize the City Manager to execute all necessary documents. A5359_ Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: Councilmember Mills noted his business related conflict of interest with respect to Items 2.G. and 2.H. and left Council Chamber. 2.G. AN AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR FOCUSED ENTITLEMENT AND RELATED PLANNING SERVICES FOR THE i OASI GROUP'S HOTEL PROJECT PA 06-012 WHICH PROPOSES THE CONSTRUCTION OF A HOTEL AND CONDOMINIUM PROJECT CONSISTING OF NO LESS THAN 200 HOTEL ROOMS AND ' APPROXIMATELY 180 RESIDENTIAL CONDOMINIUM VILLAS/LOFTS ON APPROXIMATELY TEN (10) ACRES AT THE CORNER OF NORTH AVENIDA CABALLEROS AND EAST AMADO ROAD: Councilmember McCulloch requested staff address the Master Plan for the area and any potential expansion of the Convention Center. ACTION: 1) Adopt Minute Order No. 7932, Approving an agreement with Terra Nova Planning & Research, Inc. for the focused entitlement and related planning services for the Oasi Group's Hotel Project PA 06-012 not to exceed $33,700.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5354. Motion Councilmember McCulloch, seconded by Councilmember Pougnet and unanimously carried 3-0 on a roll call vote. City Council Minutes October 18, 2006 Page 12 AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills, and Mayor Pro Tern Foat. 2.H. AN AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR FOCUSED ENTITLEMENT AND PLANNING SERVICES FOR THE ONE PALM SPRINGS PROJECT PA 06-013 WHICH PROPOSES THE CONSTRUCTION OF 226+ MULTIPLE-STORY CONDOMINIUM UNITS ON A LEASED-LAND PARCEL AT THE SOUTHEAST CORNER OF EAST AMADO ROAD AND NORTH AVENIDA CABALLEROS: Councilmember Pougnet requested staff address the planning process with respect to the land lease with the Tribe. ACTION: 1) Adopt Minute Order No. 7933, Approving an agreement with Terra Nova Planning and Research, Inc. for Focused Entitlement and Planning Services for One Palm Springs, Project PA 06-013 not to exceed $34,450.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5355. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried 3-0 on a ' roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills, and Mayor Pro Tem Foat. Councilmember Mills returned to the dais. 2.J. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH MARIRIOTT OWNERSHIP RESORTS, INC. D/B/A MARRIOTT VACATION CLUB INTERNATIONAL FOR TERMINAL COUNTER PROMOTIONAL SPACE: Councilmember Mills requested staff address 'open" advertising and who is permitted to advertise. ACTION: 1) Adopt Minute Order No, 7935, Approving Non-Fxclusive Operating and Lease Agreement for Terminal Counter Promotional Space with Marriott Ownership Resorts, Inc. d/b/a Marriott Vacation Club International effective September 1, 2006, and valid until August 31, 2009, with two (2) one-year options; 2) Authorize the City Manager to execute all necessary documents, and ' City Council Minutes October 18, 2006 Page 13 the two one-year options. A5356. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tem Foat. 2.K. LICENSE AGREEMENT WITH ROSENAU INVESTMENTS, INC. DBA PEPPER TREE INN, FOR PLACEMENT OF LAWN CHAIR ON PRIVATE PROPERTY: ' Councilmember Pougnet requested the City Attorney address any liability on the part of the City. ACTION: 1) Adopt Minute Order No. 7936, Approving a License Agreement with ' Rosenau Investments, Inc. DBA Pepper Tree Inn, for placement of Lawn Chair on private property; and 2) Authorize the City Manager to execute all necessary documents. A5357. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tem Foat. 2.P. REQUEST FOR EVENT SPONSORSHIP - 3RD ANNUAL TASTE OF PALM SPRINGS: ACTION: Table to the meeting of November 1, 2006. By consensus of the City Council. 2.T. CONFIRMATION OF THE DIRECTOR OF TOURISM PURSUANT TO AGREEMENT NO. A4992 WITH SMG: Councilmember Pougnet commented on the selection process, welcomed and congratulated Mary Jo Ginther. Mayor Oden commented on the Bureau of Tourism and the history of the Bureau, and welcomed Mary Jo Ginther as the new director. ACTION: Adopt Minute Order No. 7942, Confirming Mary Jo Ginther as the Director of Tourism pursuant to Article 4 of Agreement No. A4992 with SMG. Motion Councilmember McCulloch, seconded by Mayor Oden and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tem Foat. City Council Minutes October 18, 2006 Page 14 3. LEGISLATIVE: None. ' 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet thanked staff for the reports provided on the Convention Center restroom remodel, the Fashion Plaza code violation report, and commented on the Green Building Conference. Councilmember Mills requested staff address the litter and maintenance along Highway 111 near the entry to the City. Mayor Oden outlined the events and activities attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 8.38 P.M. to a Study Session and Adjourned Regular Meeting, Wednesday, October 25, 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 251" DAY OF OCTOBER, 2006. MAYOR ATTEST: / } y Clerk