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HomeMy WebLinkAbout3/7/2007 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL MINUTES THURSDAY, FEBRUARY 15, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:10 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: None, Mayor Oden and the City Council presented an array of historical photos and a tribute to former Mayor Lloyd Maryanov, 1933 to 2007, in honor of his recent passing. Mayor Oden presented a photo and a tribute to Ray Patencio in honor of his recent passing. REPORT OF CLOSED SESSION: City Attorney Holland stated that the City Council did not meet in Closed Session prior to the meeting and the Closed Session was adjourned to immediately following the Study Session. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. PUBLIC COMMENT: TAYLOR CUSHMORE, Palm Springs, commented on the City loan to Dick Taylor Productions for Cirque Dreams and the proposal to have a Gran Prix in the City of Palm Springs. Mayor Oden requested the City Attorney address the details of the loan to Dick Taylor Productions and the City Manager address loans to other events such as the Palm Springs Follies. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. ITEM NO. City Council Minutes February 15, 2007 Page 2 1. STUDY SESSION: 1.A. CONVENTION CENTER EXPANSION AND PARKING: City Manager Ready provided background information as indicated in the previous studies for the Convention Center expansion and parking. Councilmember Foat requested the City Manager address the triangle parcel in terms of future build-out. Mayor Pro Tern Pougnet requested the City Manager address a time line in response to future expansion. Councilmember Foat requested the City Manager address the fact that the City is not currently planning to expand the Convention Center. Councilmember McCulloch commented on the current development proposed and that future expansion would not be possible without some master planning. Councilmember Mills commented on the previous two expansions of the Convention Center, and the need to master plan for future change, commented on current parking as holding areas, construction costs, and estimated TOT to fund a future expansion. Lance Harris, Economics Research Associates, provided background information as outlined in the previous parking study for the Convention Center. Mayor Oden requested the consultant address truck loading and unloading, and how many hotel rooms we are going to need for new convention center space. Councilmember Foat stated the Study validated what we expected, but how does the City estimate how many hotel rooms are needed for future convention center expansion, and requested the consultant address parking needs. Mayor Pro Tem Pougnet commented on the hotel mix analysis for committable rooms, requested Convention Center staff address the priorities in order of committable rooms, exhibition space, and then parking, the number of conventions that need 1,200 committable rooms, and commented on the proposal for the school district property. Councilmember Mills commented on the previous ERA study used before the recent expansion, and requested staff address the vacancy rate and committed rooms. City Council Minutes February 15, 2007 Page 3 Councilmember McCulloch requested Convention Center staff address the need for expansion for another 700 to 1,000 committable rooms within a three-block radius, and the number of committable rooms the City would need for some of the proposed ideas for expansion. Mayor Oden requested Convention Center staff whether the Riviera was included in committable hotel rooms, the impact of the type and the quality of hotels, and commented he would like the Convention Center to be used at full potential before 9/11, and the impacts of future construction. Councilmember Mills commented on the 2001 ERA report with respect to the requirements of meeting planners and the quality of hotels, commented on the physical layout in the proposed plans, the plans for flexible green space, and the fact that none of the master plans provide for a front door, and recommended expansion plans to the area to the North. Tom Wilson, Assistant City Manager, provided information with respect to future parking opportunities around the Convention Center, and potential staging area on Avenida Caballeros. Councilmember Mills requested staff address the net parking spaces at parking location 3, the parcel near location 2 as being part of the proposed Westin Hotel, and the parking area for location 5 at the proposed Hard Rock. Mayor Pro Tem Pougnet stated parking location 2 does not appeal to him, and is more in favor of locations 3 and 5. Councilmember Foat commented on a parking structure on Tahquitz and if an entry way is proposed from Tahquitz to the proposed Hard Rock. Councilmember Mills stated his preference of parking location 4, as where the City should be looking in the future. Mayor Oden commented on parking location 4 being good for downtown, on how the parking is going to be done and how it blends with the community. No action taken, The City Council recessed at 8:15 p.m. The City Council reconvened at 8:22 P.M. City Couricil Minutes February 15, 2007 Page 4 1.13 PERIODIC REVIEW OF CITY COUNCIL SUBCOMMITTEES: Councilmember McCulloch requested clarification on the Downtown subcommittee. Councilmember Mills provided some history on the Downtown subcommittee and that it is working towards meeting the goals of Downtown. Councilmember Foat requested staff address if we have a process for changing the subcommittees. Mayor Oden stated we have no formal policy but stated it is up to the City Council to determine how to handle subcommittees. Mayor Oden stated the Council should notify the City Clerk if the subcommittee should not be on the active list, and then bring it forward for ratification. Councilmember McCulloch stated he is the liaison to the Palm Springs Economic Development Corporation and that it is not on the list. No action taken. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tem Pougnet requested a status of the Orchid Tree Inn and if the vacant building ordinance can be applied, requested staff report on the status of the three projects: Palm Hotel, Spanish Inn and Indian Manor, and the traffic calming issues; and requested staff provide an estimate on the opening of the Ramada and the Riviera. Councilmember McCulloch commented on the Tour de Palm Springs event. Councilmember Foat commented on the Historic Tennis Club Neighborhood Meeting, and requested a status report of the property adjacent to the Viceroy, requested a report of the repairs for the fire destroyed apartment building at Vista Chino and Palm Canyon, commented on the Friends of the Palm Springs Animal Shelter, and stated the City is in need of a new Animal Shelter, Mayor Oden provided information on the activities and events attended by the Mayor's office, and thanked the Public Arts Commission and local artists who participated in the art show at City Hall, City Attorney Holland stated the City Council will recess into Closed Session to discuss the items on the Closed Session Agenda, but requested the City Council add two items to the Closed Session Agenda pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator, City Negotiator, David Ready, City Manager, City Council Minutes February 15, 2007 Page 5 with Palm Springs Ventures, LLC, Avenida Caballeros and Amado Road, APN's 508- 070-038 and 508-580-075. Councilmember Mills stated he has a business related conflict of interest with respect to the items requested to be added to the Closed Session Agenda, would not participate in the discussion or the vote, and left Council Chamber. ACTION: 1) Make the finding that the Items came to the attention of the City subsequent to the posting of the agenda; 2) Make the determination there is a need to take action or hear the items; and 3) Add two items to the Closed Session Agenda pursuant to Government Coded Section 54956.8, Conference with Real Property Negotiator, David Ready, City Manager, City Negotiator, and Palm Springs Ventures LLC, two properties at Avenida Caballeros and Amado Road, APN's 508-070-038 and 508-580-075 discussion of price and terms. Motion Mayor Pro Tom Pougnet, seconded by Mayor Oden and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. The City Council adjourned into Closed Session 8:44 P.M. to discuss Items contained on the Closed Session Agenda. The City Council reconvened at 9:50 P.M. REPORT OF CLOSED SESSION: City Attorney Holland stated no reportable actions were taken. ADJOURNMENT: The City Council adjourned at 9:50 P.M. to a Regular Meeting, Wednesday, February 21, 2007, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 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 7th DAY OF MARCH, 2007. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 21, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Daniel Manriquez, The Father's House Christian Center, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Oden and the City Council announced that the James O_ Jessie Desert Highland Unity Center expansion, was the recipient of the 2007 Audrey Nelson Community Development Achievement Award from the National Community Development Association, and presented Certificates of Appreciation to those individuals and businesses involved. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4.30 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No. 1018947, and requested Item 2.E. be removed from the Consent Calendar for separate vote. Councilmember Foat requested Item 2.R. be removed from the Consent Calendar for separate vote, and noted her property related abstention on Item 2.E. Councilmember Mills noted his business related abstention on Consent Calendar Items 2.J., and 2.P., and requested Items 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. City Council Minutes February 21, 2007 Page 2 1. PUBLIC HEARINGS: 1.A. THE NICHOLS BUILDING, A MIXED-USE DEVELOPMENT, CASE NO. 5.1110, PLANNED DEVELOPMENT DISTRICT 327, FOR A PROJECT CONSISTING OF FOUR RETAIL STORES ON THE GROUND LEVEL AND EIGHT MULTI-FAMILY DWELLING UNITS ON THE SECOND FLOOR LOCATED AT THE SOUTHWEST CORNER OF HERMOSA PLACE AND NORTH PALM CANYON DRIVE: ACTION: Continue and direct the City Clerk to re-notice the hearing. By consensus of the City Council. PUBLIC COMMENT: JIM STUART, Palm Springs, requested the City Council take no action on Item 5.A. relative to the war in Iraq, and requested the staff address how much money was spent on the issue. DAVID DANOS, requested the City Council sign on to the U. S. Mayors' Climate Protection Agreement for the Cities Working Together to Protect our Air Quality, Health and Environment. TOM SWANN, Rancho Mirage, spoke against the escalation of the war in Iraq. TRACY TURNER, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council adopt the resolution relative to Iraq. TERRY DAVIS, spoke in opposition to the escalation of U.S. Troops in Iraq, and stated the Troops should be brought home. GREG PECK, La Quinta, thanked the City of Palm Springs and the Palm Springs International Airport for its support of the USO at the Palm Springs International Airport. BOB RICHMOND, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government, and not addressed by the City Council. INEZ CARDOZO-FREEMAN, Palm Springs, read a letter opposed to the escalation of U.S. Troops in Iraq. GLEASON FARRIS, Palm Desert, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to the war in Iraq. VAL OGSURN, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government, and not addressed by the City Council. AMALIA DOAZTLAN, Bermuda Dunes, spoke in opposition of the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq. City Council Minutes February 21, 2007 Page 3 SHEILA GRATTAN, Palm Springs, read an editorial in the press Enterprise, relative to the war in Iraq. JOY MEREDITH, Palm Springs, spoke in support of Item 2.E., and requested the City Council support the Downtown and Uptown Business Improvement District. KURT BARRIE, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq. BRIAN STRAHL, Palm Springs, stated the resolution relative to the war in Iraq should be discussed at other levels of government and in the voting booth, and not addressed by the City Council. DENNIS BEACHMAN, Palm Springs, spoke in opposition to the escalation of U.S_ Troops in Iraq, and requested the City Council support the resolution relative to Iraq. GEORGE ZANDER, Palm Springs, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq. NOELLE EBERZ, spoke in opposition to the escalation of U.S. Troops in Iraq, and requested the City Council support the resolution relative to Iraq. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Foat requested Item 5.A. be heard prior to the Consent Calendar. Discussion was held regarding further amending the Agenda, no action was taken. CITY MANAGER'S REPORT: City Manager Ready requested Police Chief Gary Jeandron provide an update on a forcible rape crime being solved by the City of Palm Springs Police Department and the status of the case. The City Council recessed at 7T03 p.m. as the City of Palm Springs Community Redevelopment Agency. The City of Palm Springs Community Redevelopment Agency adjourned At 7:09 P.M. and the City Council reconvened. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.1., 2.J., 2K., 21., 2.M., 2.N., 2.0., 2.P., and 2.Q. Motion Councilmember Foat, seconded by Mayor Pro Tem Pougnet 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 February 21, 2007, City Council Agenda. Approved as part of the Consent Calendar. City Council Minutes February 21, 2007 Page 4 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of February 7, 2007. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21829, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 1-13-07 BY WARRANTS NUMBERED 411399 THROUGH 411459 TOTALING $92,088.98, LIABILITY CHECKS NUMBERED 1018537 THROUGH 1018570 TOTALING $137,353.71, THREE WIRE TRANSFERS FOR $56,476.97 AND THREE ELECTRONIC ACH DEBITS OF $1,003,629,80 IN THE AGGREGATE AMOUNT OF $1,289,549.46 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21830, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1018671 THROUGH 1018851 IN THE AGGREGATE AMOUNT OF $2,354,086.71 DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 21831, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1018852 THROUGH 1018859 IN THE AGGREGATE AMOUNT OF $621,142.10 DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 21832, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 1-27-07 BY WARRANTS NUMBERED 411460 THROUGH 411513 TOTALING $87,178.90, LIABILITY CHECKS NUMBERED 1018860 THROUGH 1018892 TOTALING $142,698.93, THREE WIRE TRANSFERS FOR $58,431.45 AND THREE ELECTRONIC ACH DEBITS OF $988,692.80 IN THE AGGREGATE AMOUNT OF $1,277,002.08 DRAWN ON BANK OF AMERICA." and 5) Adopt Resolution No. 21833, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1018893 THROUGH 1019173 IN THE AGGREGATE AMOUNT OF $2,230,290.88 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember McCulloch on Warrant No. 1018947. 2.D. STAFF AUTHORIZED AGREEMENTS FOR JANUARY 2007: ACTION: Receive and file Staff Authorized Agreements covering the period January 1 through January 31, 2007. Approved as part of the Consent Calendar. City Council Minutes February 21, 2007 Page 5 2.1. MILLS ACT AGREEMENT WITH MARK A. PUOPOLO, FOR "THE HAMRICK HOUSE" LOCATED AT 875 CHINO CANYON ROAD: ACTION: 1) Adopt Minute Order No. 8003, Approving a Mills Act agreement with Mark Puopolo for 'The Hamrick House" located at 875 Chino Canyon Road; and 2) Authorize the City Manager to execute all necessary documents. A5434. Approved as part of the Consent Calendar. 2.J. FINAL MAP 33936 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AMADO HERMOSA 11, LLC, FOR A 42-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1400 AMADO ROAD: ACTION: 1) Adopt Resolution No. 21835, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33936 FOR PROPERTY LOCATED AT 1400 AMADO ROAD, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH AMADO HERMOSA II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5435. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.K. FINAL MAP 33161 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SHERMAN LAS VEGAS ROAD HOUSING, INC., FOR 32 SINGLE FAMILY HOMES LOCATED AT 300 RADIO ROAD: ACTION: 1) Adopt Resolution No. 21836, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33161 FOR PROPERTY LOCATED AT 300 RADIO ROAD, IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SHERMAN LAS VEGAS ROAD HOUSING, INC., A CALIFORNIA CORPORATION;" and 2) Authorize the City Manager to execute all necessary documents. A5436. Approved as part of the Consent Calendar. 2.L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE GENE AUTRY TRAIL WIDENING PROJECT, FROM VISTA CHINO TO UNION PACIFIC RAILROAD BRIDGE, CP02-03: ACTION: 1) Adopt Minute Order No. 8004, Approving the plans and specifications, and authorization to bid Gene Autry Trail Widening City Project No. 02-03. Approved as part of the Consent Calendar. City Council Minutes February 21, 2007 Page 6 2.M. PURCHASE OF A BOBCAT MULTI-TERRAIN LOADER FOR WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA - WEST, LLC: ACTION: 1) Adopt Minute Order 8005, Approving the purchase of one (1) new Bobcat Multi-Terrain Loader for use by the Wastewater Treatment Plant in the amount of $46,039.01 from Inland Bobcat, Inc. of Riverside, CA; 2) Adopt Resolution No_ 21837, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07;" and 3) Authorize the City Manager to execute all documents necessary to effectuate this action. Approved as part of the Consent Calendar. 2.N. PURCHASE OF ONE NEW CCTV PIPELINE INSPECTION VEHICLE FROM CUE'S, INC. FOR USE BY THE WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA - WEST, LLC: ACTION: 1) Adopt Minute Order 8006, Approving the purchase of one (1) new CCTV pipeline inspection vehicle for use by the Wastewater Treatment Plant in the amount of $158,369.91 from Cues Inc. of Orlando, FL; 2) Adopt Resolution No. 21838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07;" and 3) Authorize the City Manager to execute all documents necessary to effectuate this action. Approved as part of the Consent Calendar. 2.0. MILLS ACT AGREEMENT WITH MCB PROPERTIES, LLC, FOR THE "EL MIRADOR GARAGE" LOCATED AT 1090 NORTH PALM CANYON DRIVE: ACTION: 1) Adopt Minute Order No. 8007, Approving a Mills Act agreement with MCB Properties, LLC, for the "FI Mirador Garage" located at 1000 North Palm Canyon Drive; and 2) Authorize the City Manager to execute all necessary documents. A5437. Approved as part of the Consent Calendar, 2.P. AMENDMENT NO. 1 TO AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH THE OASI GROUP FOR A 7.8± ACRE CITY- OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARDO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, EXTENDING THE TERM TO JULY 1, 2007: ACTION: 1) Adopt Minute Order No. 8008, Approving Amendment No. 1 to Agreement No. A5220 with Oasi Group for a 7.8± acre City-owned parcel at the northeast corner of Calle Alvarado and Amado Road, Merged Redevelopment Project Area No. 2, extending the term to July 1, 2007; and 2) Authorize the City Manager to execute all documents related to the amendment. A5220. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. City Council Minutes February 21, 2007 Page 7 2.Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE PALM SPRINGS STADIUM REPAINT PROJECT, CP07-02: ACTION: 1) Adopt Minute Order No. 8009, Approving the plans, specifications, and estimate and authorization to bid Palm Springs Stadium Repaint, City Project No. 07-02. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: Councilmember Foat indicated she has a business ownership related conflict of interest with respect to Item 2.E., would not participate in the discussion or the vote, and left Council Chamber. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1709, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989: ACTION: Waive further reading and adopt Ordinance No. 1709, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA OF LAW OF 1989." Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet and carried 3-1 on a roll call vote. AYES: Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: Councilmember Foat. Councilmember Foat returned to the dais. 2.F. CHANGE ORDER NO. 2 TO AGREEMENT NO. A4382 WITH GENSLER, ADDING INTERIOR COLORS AND FURNITURE SELECTION FOR THE REGIONAL JET TERMINAL PROJECT IN AN AMOUNT NOT-TO-EXCEED $8,160: Councilmember Mills requested staff address the timing as a little late due to the fact the project is well into construction, if the amount is included in the budget and the agreement, and expressed concerned that the City is creating "piece meal" projects at the Airport, without consideration of the over all facility. City Council Minutes February 21, 2007 Page 8 ACTION: 1) Adopt Minute Order No. 8001, Approving Change Order No. 2 to Agreement A4382 (Amendment No. 11) with Gensler adding interior colors and furniture selection for the Regional Jet Terminal Project, to the design contract in an amount not to exceed $8,160, subject to approval by the Federal Aviation Administration; and 2) Authorize the City Manager to execute all necessary documents. A4382. Motion Councilmember Mills, seconded by Mayor Pro Tem Pougnet and unanimously carried on a roll call vote. 2.G. AIRPORT COURTYARD LANDSCAPE - REJECT BID FROM PENN WOODS CORPORATION AS NON-RESPONSIVE AND AWARD THE BASE CONTRACT LESS THE WATER FEATURE TO MARINA LANDSCAPE, INC.: Councilmember Mills requested the City Council consider adding the water feature back in the courtyard landscape project. ACTION: 1) Adopt Resolution No. 21834, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REJECTING THE BID OF PENN WOODS CORPORATION FOR THE AIRPORT COURTYARD LANDSCAPING PROJECT, CITY PROJECT NO. 06-22, AS NON- RESPONSIVE AND AWARDING THE BASE BID TO MARINA LANDSCAPE, INC. IN THE AMOUNT OF $849,995;" amending the resolution to include the proposed water feature; and 2) Authorize the City Manager to execute all necessary documents. A5433. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.H. AMENDMENT NO. 3 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC: Councilmember Mills requested staff address the lighting of the sculpture. ACTION: 1) Adopt Minute Order No. 8002, Approving Amendment No. 3 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of additional work of public art on private property and grant of easement by and between the City of Palm Springs and Palm Springs Classic, LLC and total reimbursement of public art fee in the amount of $425,600 at the Escena Project with the caveat that the sculpture is lit as indicated in Exhibit A; and 2) Authorize the City Manager to execute all necessary documents. A5101. Motion Mayor Oden, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.R. PROPOSED RESOLUTION TO AMEND THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE CONVENTION AND VISITORS AUTHORITY MARKETING CAMPAIGN IN THE AMOUNT OF $50,000: Councilmember Foat commented on the proposed request for a Study Session with the CVA, requested staff address if the other cities may participate in the advertising, and if the Tribe had been approached for support. City Council Minutes February 21, 2007 Page 9 Mayor Oden clarified the purpose of the advertising campaign is to attract Airlines to the Palm Springs International Airport. ACTION: 1) Adopt Resolution No. 21839, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 FOR THE 2007 ADVERTISING CAMPAIGN." Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE ESTABLISHING AND SPECIFYING THE DUTIES AND POWERS OF A SEVEN MEMBER ENERGY CONSERVATION COMMISSION: City Clerk Thompson provided background information as outlined in the staff report dated February 21, 2007. Councilmember Foat requested the subcommittee address the structure of the Commission being residents of the City, not industry representatives. Councilmember Mills requested staff address the concept of environmental conservation as well as energy conservation, recommended renaming the Commission to the Energy and Environmental Conservation Commission, and requested Section 2.24.050(2) be amended to read " . . . may be addressed and advise City Council." Councilmember Foat commented on other requests concerning environmental issues such as the U.S. Mayors' Climate Protection Resolution, AQMD letter regarding Natural Gas, and Pro-Active letter regarding the California Green Builder Program, and requested it be included in the Commission. Mayor Pro Tern Pougnet requested that the proposed Commission look at the U.S. Mayor's Resolution, and that as a Council we could propose guiding principles for the Commission to adopt. Mayor Oden expressed concerns with the emphasis on conservation, including recycling and water within the scope of the Commission. Councilmember Mills suggested that staff review the Ordinance and return to the City Council with a more directed but flexible purpose. Mayor Pro Tem Pougnet commented on the history of the development of the Commission through the subcommittee. City Council Minutes February 21, 2007 Page 10 City Attorney Holland stated the ordinance was drafted narrowly for energy conservation, and if the City Council wanted to include environmental conservation as well, the ordinance should be returned to staff for amendments. Councilmember Foat requested the subcommittee meet with staff and the City Attorney and return quickly with a revised ordinance. ACTION: Direct the City Council subcommittee meet with staff and the City Attorney to revise the proposed Ordinance. By consensus of the City Council. The City Council recessed at 7:43 P.M. The City Council reconvened at 7:52 P.M. 4. UNFINISHED BUSINESS: None, 5. NEW BUSINESS: 5.A. PROPOSED RESOLUTION IN SUPPORT OF SENATE JOINT RESOLUTION NO. 1 (SJR1) (MIGDEN) RELATIVE TO THE WAR IN IRAQ: City Clerk Thompson provided background information as outlined in the staff report dated February 21, 2007. Councilmember Foat commented on the resolution being within the jurisdiction of the City Council, and provided comments on the current status of the U-S. mission in Iraq. Councilmember Mills stated he was put in office to deal with local issues not Federal issues, and stated he does not see it as an issue for the City Council. Councilmember McCulloch commented on his relationship with Veterans for Peace and Tom Swann, and commented on the impact as being a tourist town, and the resolution is outside the jurisdiction that the City Council was elected. Mayor Pro Tern Pougnet commented on his objectives facing the city, commented on his primary role as a Councilmember is to maintain and improve City Services, called for a resolution to reduce the use of oil and energy by 10 percent, and for a solution that would assist the U-S. Troops. Mayor Oden stated we are all affected by the war, and the money spent on the war, and as a Country we need to make some decisions, and indicated the City is not responsible for the decisions of other City Council Minutes February 21, 2007 Page 11 Governmental agencies; however, we do sit down with other agencies and express our concerns when it affects the City. Councilmember Foat stated this is not about the City of Palm Springs trying to end the war, that this is just one venue for a resolution of support. ACTION: Direct the City Manager and City Attorney to work with the City Council to prepare a resolution of what the citizens can do for the troops, the Country, and other parts of the World, and place on a future Study Session agenda. Motion Mayor Pro Tern Pougnet, seconded by Mayor Oden and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden, NOES: Councilmember McCulloch. MOTION: Adopt "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF SENATE JOINT RESOLUTION NO. 1 (SJR 1) (MIGDEN) URGING THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES NOT TO ESCALATE INVOLVEMENT IN IRAQ." Motion failed for lack of a second. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat requested the City Manager provide a place on the agenda for committee reports, and requested staff provide a drop-off center at City Hall, for Hidden Harvest, for home grown fruit and produce donations. Mayor Pro Tern Pougnet stated he would like to move quickly on the Energy and Conservation Commission, and commented on the some potential projects the Commission could consider. Mayor Oden commented on reporting at City Council meetings and suggested the City Council try to provide Committee Reports at Study Sessions, thanked members of the public for designating their properties for Mills Act Agreements, announced the events and activities attended by the Mayor's office, and requested staff place on the next agenda for the City Council to initiate a Zoning Text Amendment with respect to setback reductions on secondary thoroughfares. ADJOURNMENT: The City Council adjourned at 8:46 P.M. to a Regular Meeting, Wednesday, March 7, 2007, 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. City Council Minutes February 21, 2007 Page 12 APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 7'h DAY OF MARCH, 2007. MAYOR ATTEST: City Clerk