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HomeMy WebLinkAbout9/5/2007 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, JULY 25, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:08 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: Mayor Oden and the City Council recognized City Employees with 30 years of service, Sharon Ainsworth, Blake Goetz, Gary Jeandron, Terry Tatum, and Sherman Ferguson. Police Chief Jeandron, Mayor Oden and the City Council presented the Life Saving Medal to Officer Alberto Cantu and John Mejia for their service above the call of duty responding to a recent fire in the City. Fire Chief Goetz, Mayor Oden and the City Council presented Bystander Assistance Commendations to Edna Dickson and Tammy Olesiak, who assisted a victim at a recent Palm Springs Power baseball game. Mayor Oden presented a video on the Wildlife Way Station and its importance to the City of Palm Springs, and requested staff place on a future agenda the possible relocation of the site to Palm Springs. 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; staff did brief the City Council that staff had settled the litigation of Jane Smith v. City of Palm Springs, consistent with previous direction by the City Council, a copy of the Settlement Agreement will be on file with the City Clerk. A5532. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested an Item be added to the Agenda which was brought to the attention of the City after the posting of the Agenda, Authorizing the City Manager to accept a Federal Grant for the Airport Master Plan Process in an amount not-to-exceed $1,000,000, a 4/5ths vote is required to add the Item. ITEM NO. City Council Minutes July 25, 2007 Page 2 ACTION: Determine that the Item was brought to the attention of the City after the posting of the Agenda, there is an immediate need to consider and take action on the item; and 2) Add the Item to the July 25, 2007 Agenda as Item 2.S., AUTHORIZE THE CITY MANAGER TO ACCEPT A FEDERAL AVIATION ADMINISTRATION GRANT IN AN AMOUNT NOT-TO-EXCEED $1,000,000 FOR THE AIRPORT MASTER PLAN PROCESS. Motion Mayor Pro Tern Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. City Clerk Thompson stated staff requested the City Council hear Public Hearing Item 1.G. and New Business Item 5.A. concurrently under Public Hearings. City Clerk Thompson stated staff recommends the City Council withdraw Item 5.B. from the Agenda at the request of the event organizer. Councilmember Foat requested Item 2.B. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his business related abstention on Consent Calendar Items 21. and 2.P. Mayor Oden requested a timeline for Consent Calendar Items 2.F. and 2.G. and noted he would like to comment on Consent Calendar Item 2.Q. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. CASE NO. TPM 35507 - D. R. WEST, LLC - REQUEST TO APPROVE TENTATIVE PARCEL MAP 35507 TO SUBDIVIDE AN APPROXIMATE 6.54 ACRES INTO THREE PARCELS FOR THE PROPOSED GENE AUTRY PLAZA LOCATED ON THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL: David Newell, Assistant Planner, provided background information as outlined in the staff report dated July 25, 2007. Mayor Oden opened the public hearing, and no furlher speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 21999, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35507 TO SUBDIVIDE AN APPROXIMATE 6.54 ACRES INTO THREE PARCELS FOR THE PROPOSED GENE AUTRY PLAZA LOCATED ON THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE W-M-1, 000002 City Council Minutes July 25, 2007 Page 3 SECTION 20." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1.13. CASE NOS. 5.1139 / 5.1140, REQUEST BY SPENCER RECOVERY CENTERS, INC. TO APPEAL THE PLANNING COMMISSION'S DECISION DENYING A ZONE CHANGE. FROM C-1 TO R-3 AND A CONDITIONAL USE PERMIT TO ALLOW AN ASSISTED LIVING CENTER / SUBSTANCE. ABUSE RECOVERY CENTER AT 1404 NORTH PALM CANYON DRIVE, THE LAS PALMAS HOTEL: Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated July 25, 2007. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. JAMES BRIGHENTI, Applicant, addressed the concerns of the Planning Commission with respect to the project, commented on the other facilities and requested the City Council approve the project. CHRIS SPENCER, Applicant, provided information on the programs, the benefits of the programs, and the benefits of the location. VIC GAINER, Palm Springs, commented on the impact to the Community due to substance abuse, and requested the City Council approve the project. DONNA KING, stated her support for Spencer Recovery Center. JEANETTE BARISH, commented on the programs of Spencer Recovery Center. KATHY OYLER, commented on the programs of Spencer Recovery Center. RYAN SHAPIRO, commented on the programs of Spencer Recovery Center. KEITH SCHAFFER, commented on the programs of Spencer Recovery Center. MICHAEL COHAN, commented on the programs of Spencer Recovery Center. LORIANN WITTE, commented on the programs of Spencer Recovery Center. 000003 City Council Minutes July 25, 2007 Page 4 GABE HYNES, commented on the programs of Spencer Recovery Center. CHRIS SPENCER, Rebuttal, commented on the programs and the commitment of Spencer Recovery to the Community. No further speakers coming forward, the public hearing was closed. Councilmember Foat requested the Applicant address any proposed renovations to the building, and the proximity of liquor stores near the facilities. Mayor Oden requested staff address assisted living, the impact to Transient Occupancy Taxes, requested the Applicant address the number of beds at the facility, requested staff address the number of staff, commented on the needs of the community and the location, requested the Applicant address the concerns of the neighborhoods. Mayor Pro Tem Pougnet commented on the needs of the Community, and on the location. Councilmember McCulloch commented on the current use of the property and the location. Councilmember Mills requested the Applicant address the aspects of the programs and the number and ratio of patients, requested staff address zone change in lieu of a PD❑ and other zoning options, and requested licensing be included in any Conditions of Approval. Councilmember Foat requested staff address if the zoning change could be tied to the CUP, and requested the Applicant address the current use of the building. Councilmember Mills requested the Applicant address the installation of Fire Sprinklers, and requested that staff not include "recommendations" in the Conditions of Approval. ACTION: Direct staff to prepare the necessary resolution memorializing the proceedings, granting the appeal and overturning the decision of the Planning Commission, and include two additional Conditions of Approval with respect to State licensing requirement, and regulating subsequent 006064 City Council Minutes July 25, 2007 Page 5 uses of the property. Motion Councilmember Foat, seconded by Councilmember McCulloch and carried 4-1 on a roll call vote, AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Mayor Pro Tern Pougnet- I.C. TENTATIVE PARCEL MAP 34771 - GREGG RAPP - TO SUBDIVIDE A 3.73 ACRE PARCEL INTO TWO LOTS FOR THE PURPOSE OF CREATING ONE ADDITIONAL BUILDING LOT, LOCATED AT 2433 SOUTHRIDGE DRIVE: Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated July 25, 2007. Mayor Oden opened the public hearing, and the following speaker addressed the City Council. MARNA VAN HORN, Representing Applicant, requested the City Council support the project. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Pougnet requested staff address the issues of Riverside County Health Department with respect to sewers. Councilmember Foat requested staff address comments from the neighborhood. Councilmember Mills stated this is a hillside lot and subject to the hillside regulations. ACTION: Adopt Resolution No. 22000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 34771 TO SUBDIVIDE A 3.73 ACRE PARCEL INTO TWO LOTS FOR THE PURPOSE OF CREATING ONE ADDITIONAL BUILDING LOT, LOCATED AT 2433 5OUTHRIDGE DRIVE, ZONED R-1-A, SECTION 25, APN 510 260-029." Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. 1.1). CASE NO. 5.1104 - LAURICH PROPERTIES - A GENERAL PLAN AMENDMENT REQUEST IN SECTION 14, SPECIFIC PLAN, TO ALLOW FINANCIAL INSTITUTIONS WITH DRIVE-THROUGH TELLER FACILITIES AND DRUG STORE / PHARMACIES WITH 000005 City Council Minutes July 25, 2007 Page 6 PRESCRIPTION PICK-UP WINDOWS BE PERMITTED IN THE RESORT/ATTRACTION (RA) ZONE: ACTION: 1) Continue the public hearing to September 5, 2007; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Mayor Pro Tom Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. The City council recessed at 7:50 P.M. The City Council reconvened at 8:05 P.M. Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.E., would not participate in the discussion or the vote, and left Council Chamber. 1.E. CASE NO. 5.1127, A REQUEST FROM KHALIL AILABOUNI FOR A GENERAL PLAN AMENDMENT TO RE-CLASSIFY THE SUBJECT PROPERTY FROM M-15 (MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) AND PLANNED DEVELOPMENT DISTRICT 332 TO ESTABLISH NEW DESIGN STANDARDS AND GUIDELINES FOR A RETAIL COMMERCIAL AND OFFICE COMPLEX LOCATED AT THE. SOUTHWEST CORNER OF WEST SAN RAFAEL ROAD AND NORTH INDIAN CANYON DRIVE: Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated July 25, 2007. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. JOHN RIVERA, Representing Applicant, requested the City Council support the project. MARK INGRAM, Palm Springs, stated his opposition to the project, and not in any favor of adding commercial use to the existing neighborhood. UNNAMED SPEAKER, stated the neighborhood is in need of local commercial amenities, and spoke in support of the project. CHRIS BENZ, stated his support of the project. No further speakers coming forward, the public hearing was closed. Councilmember Foat requested staff address the proposed driveway cuts. Mayor Pro Tern Pougnet tluestioned why this project was brought forward as a PDD, for the height. City Council Minutes July 25, 2007 Page 7 Mayor Oden commented on the potential residential use and the benefit of the project to the neighborhood. ACTION: Adopt Resolution No. 22001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1127, A GENERAL PLAN AMENDMENT TO RE-CLASSIFY THE SUBJECT PROPERTY FROM M-15 (MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) AND PLANNED DEVELOPMENT DISTRICT 332 TO ESTABLISH NEW DESIGN STANDARDS AND GUIDELINES FOR A RETAIL COMMERCIAL AND OFFICE COMPLEX LOCATED AT THE SOUTHWEST CORNER OF WEST SAN RAFAEL ROAD AND NORTH INDIAN CANYON DRIVE, SECTION 3, APN 504-121-005, 504-121-006, AND 504 121-010." Motion Mayor Pro Tem Pougnet, seconded by Councilmember McCulloch 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. Councilmember Mills returned to the dais- I.F. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS: Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 25, 2007. Councilmember Foat requested staff address the process and previous lien processes. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. ANGELA HOWARD, Palm Springs, stated she has not received an accounting and requested the City Council not put a lien on her property. GREGORY FREED, requested the tax lien not be placed on the 618 E. Mesquite Avenue property. WILLIE HOLLAND, commented on his experience with similar problems with liens on the tax rolls. 000007 City Council Minutes July 25, 2007 Page 8 No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Pougnet requested the City Attorney address the process and the purpose of the charges. Mayor Oden commented on the process of public nuisance properties. ACTION: 1) Adopt Resolution No. 22002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2860 N. DE ANZA ROAD;" 2) Adopt Resolution No. 22003, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2930 E. WYMAN DRIVE;" and 3) Adopt Resolution No. 22004, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 618 E. MESQUITE AVENUE." Motion Mayor Pro Tern Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. The City Council heard Items I.G. and 5.A. concurrently. I.G. APPEAL OF DECISION BY THE PLANNING COMMISSION TO APPROVE CASE NO, 5.1115, A CONDITIONAL USE PERMIT TO DEVELOP FIVE 1-MEGAWATT WIND ENERGY CONVERSION SYSTEMS (WECS) AND ASSOCIATED CASE NO. 6.493, A VARIANCE TO EXCEED THE 300 FOOT HEIGHT LIMIT, LOCATED APPROXIMATELY 6,000 FEET WEST OF INDIAN AVENUE, NORTH OF INTERSTATE 10, SOUTH OF DILLION ROAD, AND EAST OF STATE HIGHWAY 62: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated July 25, 2007. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. DAVID RUTTER, Representing Applicant, provided background information on the project. DANA STEWART, Palm Springs, spoke in opposition to the project, wind energy and the height. 000008 City Council Minutes July 25, 2007 Page 9 RENEE ROBIN, PPM Energy, commented on the letter she submitted on June 21, 2007, in response to the comments by the Appellant, and requested the City Council support the project. VIC GAINER, commented on energy generation and costs, spoke in support of the project. FRED NOBEL, commented on energy rates and uses of wind energy, stated this project replaces old windmills, and requested the City Council support the project. No further speakers coming forward, the public hearing was closed. Councilmember Foat commented on the bird study, the current zoning, and the current status of wind energy. Mayor Oden commented on alternate energy sources, and the cost of current energy with Southern California Edison. ACTION: Adopt Resolution No. 22005, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT, REJECTING TWO APPEALS AND APPROVING CONDITIONAL USE PERMIT NO. 5.1115 AND VARIANCE NO. 6.493 FOR THE INSTALLATION AND OPERATION OF FIVE 1-MEGAWATT WIND ENERGY CONVERSION SYSTEMS LOCATED APPROXIMATELY 6,000 FEET WEST OF INDIAN AVENUE, NORTH OF INTERSTATE 10, SOUTH OF DILLION ROAD, AND EAST OF STATE HIGHWAY 62, ZONE E-I, SECTION 19." Motion Councilmember Mills, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. 5.A. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY WITHIN PARCEL MAP 11456 AND APPROVAL OF AN ENCROACHMENT LICENSE TO DILLON WIND PROJECT, LLC, FOR A PRIVATE HIGH-VOLTAGE ELECTRIC SYSTEM WITHIN THE RIGHT-OF-WAY OF DIABLO ROAD, DILLON ROAD, AND MELISSA LANE IN SECTION 9, T3S, RSE: ACTION: 1) Adopt Resolution No. 22016, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING RIGHT-OF-WAY FOR MELISSA LANE, ELDRIDGE AVENUE, KAREN AVENUE, AND TIFFANY WAY, REPRESENTED BY LOTS 'A' THROUGH 'H' INCLUSIVE OF PARCEL MAP 11456;" and 2) Adopt Resolution No. 22017, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONDITIONALLY APPROVING AN ENCROACHMENT LICENSE ISSUED TO DILLON WIN❑ PROJECT, LLC, FOR INSTALLATION OF APPROXIMATELY 000009 City Council Minutes July 25, 2007 Page 10 3,700 LINEAR FEET OF 34.5 KV UNDERGROUND DIRECT BURIAL HIGH VOLTAGE CONDUCTORS WITHIN THE PUBLIC RIGHT-OF-WAY OF DIABLO ROAD, DILLON ROAD, AND MELISSA LANE, LOCATED IN SECTION 9, T3S, RSE." A5531. Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. PUBLIC COMMENT: PETER DeMARTINO, reported on the events and activities of the upcoming Desert AIDS Conference. WILLIE HOLLAND, commented on the Desert Highland Neighborhood and stated community assistance is needed. SID CRAIG, announced the upcoming activities of the Palm Springs Short Film Festival. JOY MEREDITH, spoke in support of Item 3.A. regarding Park Fees. DANA STEWART, commented on windmills and wind energy. JOHN TYMON, requested the City Council look at a member of the Human Rights Commission. ARLENE BATTISHILL, thanked the City Council for their service, expressed her concerns with the way City funds are being spent and Council travel. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Foat requested staff provide a report on the single-stream recycling program, and to place this Item on the Agenda in the beginning of September, and requested the City Manager place on an Agenda in September or October a presentation from "MOMS." Councilmember McCulloch commented on Council outreach to the Community. CITY MANAGER'S REPORT: None. The City Council continued as a Joint Meeting with the Community Redevelopment Agency at 9:22 P.M. Councilmember Mills stated he has a business related conflict of interest with respect to Item RA1., would not participate in the discussion or the vote, and left Council Chamber. 000010 City Council Minutes July 25, 2007 Page 11 RA1, REIMBURSEMENT AGREEMENT WITH SUNCAL COMPANIES FOR THE PAVING OF A PORTION OF SAN RAFAEL ROAD, MERGED PROJECT AREA NO. 1, IN THE AMOUNT OF $27,984.80: Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 25, 2007. ACTION: Adopt Resolution No. 22006, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING A FINDING PURSUANT TO SECTION 33421.1 OF THE CALIFORNIA HEALTH & SAFETY CODE RELATING TO THE FINANCING OF CERTAIN ROAD IMPROVEMENTS BY THE COMMUNITY REDEVELOPMENT AGENCY TO EFFECTUATE THE REDEVELOPMENT PLAN IN MERGED PROJECT AREA NO. 1." A0520C. Motion Councilmember Foat, seconded by Councilmember McCulloch 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 recessed at 9:24 P.M. and the Community Redevelopment Agency continued. Councilmember Mills returned to the dais. The Community Redevelopment Agency adjourned at 9:42 P.M., and the City Council reconvened. 2, CONSENT CALENDAR: Councilmember Foat requested Item 2.B., be added back to the Consent Calendar. Mayor Oden requested a timeline for the construction project on Items 2.G. and 2.H. ACTION; Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 21., 2.M., 2.N., 2.0., 2.P., 2.Q., 2.R., and 2.S. Motion Mayor Pro Tern 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 July 25, 2007, City Council Agenda. Approved as part of the Consent Calendar. 090011 City Council Minutes July 25, 2007 Page 12 2.8. ESTABLISHMENT OF RATES AND CHARGES FOR OFFICIAL POLICE TOW SERVICES PROVIDERS: ACTION: Adopt Resolution No. 22007, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING RATES AND CHARGES FOR TOWING AND STORAGE OF VEHICLES THAT OFFICIAL TOW SERVICES PROVIDERS CAN CHARGE THE PUBLIC PURSUANT TO PALM SPRING MUNICIPAL CODE SECTION 11.82.070." Approved as part of the Consent Calendar. 2.C. APPROVAL OF CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22008, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1022018 THROUGH 1022225 IN THE AGGREGATE AMOUNT OF $2,152,268.86 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.13. AMENDMENT NO. 1 OF AGREEMENT NO, A5322 WITH CARL WARREN & COMPANY FOR AS-NEEDED CLAIMS ADMINISTRATION AND ADJUSTMENT SERVICES: ACTION: 1) Adopt Minute Order No. 8069, Approving Amendment No. 1 of Agreement No. A5322 with Carl Warren & Company for as-needed third party claims administration and adjusting services in an amount not-to- exceed $60,000 for Fiscal Year 2007-08; and 2) Authorize the City Manager to execute all necessary documents. A5322. Approved as part of the Consent Calendar. 2.E. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of July 18, 2007, and the Financing Authority Minutes of July 18, 2007. Approved as part of the Consent Calendar, 2.F. AWARD OF CONTRACT FOR THE. FARRELL DRIVE SIDEWALK PROJECT TO B & T WORKS, INC. IN THE AMOUNT OF $58,916, CITY PROJECT 06-16: ACTION: 1) Adopt Minute Order No. 8070, Awarding the contract for the Farrell Drive Sidewalk Project to 6 & T Works, Inc., in the amount of $58,916, City Project 06-16; and 2) Authorize the City Manager to execute all necessary documents. A5523. Approved as part of the Consent Calendar. 000012 City Council Minutes July 25, 2007 Page 13 2.G. AWARD OF CONTRACT FOR THE GENE AUTRY TRAIL WIDENING, FROM VISTA CHINO TO THE UNION PACIFIC RAILROAD (UPRR), CITY PROJECT 02-03: ACTION: 1) Adopt Minute Order No. 8071, Awarding the contract to McKenna General Engineering, Inc., in the amount of $4,383,933 for Bid Schedules A and B, for the Gene Autry Trail Widening, from Vista Chino to Union Pacific Railroad (UPRR), City Project 02-03; and 2) Authorize the City Manager to execute all necessary documents. A5524. Approved as part of the Consent Calendar. 2.H. APPROVAL OF A CONTRACT SERVICES AGREEMENT FOR "TURN- KEY" PROJECT ADMINISTRATION SERVICES FOR THE GENE. AUTRY TRAIL WIDENING, VISTA CHINO TO THE UNION PACIFIC RAILROAD (UPRR), CITY PROJECT 02-03: ACTION: 1) Adopt Resolution No. 22009, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH WEC CORPORATION, IN THE AMOUNT OF 5339,856, FOR "TURN-KEY' PROJECT ADMINISTRATION SERVICES FOR THE GENE AUTRY TRAIL WIDENING, VISTA CHINO TO THE UNION PACIFIC RAILROAD (UPRR), CITY PROJECT 02-03, AND AUTHORIZING SPECIAL CHANGE ORDER AUTHORITY TO THE CITY MANAGER;" and 2) Authorize the City Manager to execute all necessary documents. A5525. Approved as part of the Consent Calendar. 2.1. APPROVE PARCEL MAP 33989 FOR THREE SINGLE FAMILY HOMES LOCATED AT 560 AND 588 SEPULVEDA ROAD, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: Adopt Resolution No. 22010, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 33989 FOR THREE SINGLE FAMILY HOMES LOCATED AT 560 AND 588 SEPULVEDA ROAD, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST." Approved as part of the Consent Calendar. 2.J. APPROVAL OF MITIGATION AGREEMENT WITH CALTRANS AND CVAG FOR THE INDIAN AVENUE INTERCHANGE: ACTION: 1) Adopt Minute Order No. 8072, Approving a Mitigation Agreement between the State of California, acting by and through its Department of Transportation (CalTrans), the Coachella Valley Association of Governments (CVAG), and the City of Palm Springs, related to the Indian Avenue Interchange and associated arterials; and 2) Authorize the City Manager to execute all necessary documents. A5526. Approved as part of the Consent Calendar. 000013 City Council Minutes July 25, 2007 Page 14 2.K. TREASURER'S INVESTMENT REPORT AS OF MAY 31, 2007: ACTION: Receive and File the Treasurer's Investment Report as of May 31, 2007. Approved as part of the Consent Calendar. 2.L. APPROVAL OF BUDGET TRANSFER TO CAPITAL PROJECTS FUND AND CONTINUING APPROPRIATIONS: ACTION: 1) Adopt Resolution No. 22011, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08;" and 2) Adopt Resolution No. 22012, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2006-07 TO FISCAL YEAR 2007-08." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.M, APPOINTMENT OF A CITY COUNCIL LIAISON TO THE TRENO NEIGHBORHOOD ORGANIZATION COMMITTEE FOR THE TAHQUITZ CREEK MINI PARK: ACTION: Appoint Councilmember Foat as the City Council Liaison to the TRENO Neighborhood Organization Committee for the Tahquitz Creek Mini Park. Approved as part of the Consent Calendar. 2.N. ADOPTION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR 2007-08: ACTION: Adopt Resolution No. 22013, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2008." Approved as part of the Consent Calendar. 2.0. ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES: ACTION: Adopt Resolution No. 22014, "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 PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2007." Approved as part of the Consent Calendar, 2.P. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1717, APPROVING A ZONE CHANGE FROM R-1-A (SINGLE- FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R 1-C (SINGLE-FAMILY RESIDENTIAL, 10,000 SQUARE FOOT MINIMUM LOT SIZE) FOR A 34-LOT SUBDIVISION ON 20 GROSS ACRES LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD: ACTION: Waive further reading and adopt Ordinance No. 1717, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, 000014 City Council Minutes July 25, 2007 Page 15 APPROVING A ZONE CHANGE FROM R-1-A (SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1-C (SINGLE-FAMILY RESIDENTIAL, 10,000 SQUARE FOOT MINIMUM LOT SIZE) FOR A 34-LOT SUBDIVISION ON 20 GROSS ACRES LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.Q. EVENT SPONSORSHIP AGREEMENT WITH PARADES OF PALM SPRINGS FOR SPONSORSHIP OF THE 2007 FESTIVAL OF LIGHTS PARADE: ACTION: 1) Adopt Minute Order No. 8073, Approving a sponsorship agreement with Parades of Palm Springs to produce the 2007 Festival of Lights Parade; 2) Adopt Resolution No. 22015, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08;" and 3) Authorize the City Manager to execute all necessary documents. A5527. Approved as part of the Consent Calendar. 2.R, PURCHASE OF VEHICLE AND LEASE AGREEMENT WITH THE INTERNATIONAL SCHOOL OF TACTICAL MEDICINE RELATED TO THE AWARD OF A P.O.S.T. GRANT: ACTION: 1) Adopt Minute Order No. 8074, Approving the purchase of a new 2008 Ford F-250 for the P.O.S.T_ grant program from Wondries Ford in the amount of $45,329.08; 2) Adopt Minute Order No. 8075, Approving a lease agreement with International School of Tactical Medicine Incorporated for the use of P.O.S.T. funded training aids and equipment for a term of five years; and 3) Authorize the City Manager to execute all necessary documents. A5528. Approved as part of the Consent Calendar. 2.S. AUTHORIZE THE CITY MANAGER TO ACCEPT A FEDERAL AVIATION ADMINISTRATION GRANT IN AN AMOUNT NOT-TO- EXCEED $1,000,000 FOR THE AIRPORT MASTER PLAN PROCESS: ACTION: 1) Approve Minute Order No. 8076, Authorizing the City Manager to accept a Federal Aviation Administration (FAA) Grant, not-to- exceed $1,000,000 for the Airport Master Plan process; and 2) Authorize the City Manager to execute all necessary documents. A5534. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: None. 000015 City Council Minutes July 25, 2007 Page 16 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE TO ADD SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT: Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 25, 2007. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1718, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION G TO SECTION II AND SUBSECTION G TO SECTION VI OF ORDINANCE NO. 1632 RELATING TO PARK FEES FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT." Motion Councilmember Mills, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: 4.A. SPONSORSHIP OF PALM SPRINGS WALK OF STARS CLASSIC FILM FESTIVAL "STARFAIR" AT THE PALM SPRINGS CONVENTION CENTER DECEMBER 7-9, 2007: Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated July 25, 2007, Councilmember Mills requested staff address unallocated Council priority fund and remaining balance. ACTION: 1) Approve Minute Order No. 8077, Authorizing the City Attorney to prepare an Event Sponsorship Agreement with the Palm Springs Walk of Stars in an amount not-to-exceed $25,000 to be a Platinum Sponsor of the Palm Springs Classic Film Festival "Starfair" at the Palm Springs Convention Center December 7-9, 2007; and 2) Authorize the City Manager to execute all documents necessary to effectuate this action. A5529. Motion Councilmember Foat, seconded by Mayor Oden and unanimously carried on a roll call vote. 4.B. SPONSORSHIP OF THE 21st ANNUAL UNITED STATES CONFERENCE ON AIDS AT THE PALM SPRINGS CONVENTION CENTER NOVEMBER 7-10, 2007: Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated July 25, 2007. 000016 City Council Minutes July 25, 2007 Page 17 Councilmember Foat commented on the events and activities, and suggested a staff liaison to work with the conference organizers. Councilmember McCulloch requested staff provide an updated accounting on unallocated special events, and requested the City Council be provided a post event report, Mayor Pro Tern Pougnet requested the event organizer address if any other Coachella Valley Cities have contributed funds to the conference. Councilmember Mills requested staff address the monitoring aspects of the event, and how the City tracks the benefits on the events. Mayor Oden commented on the tracking of special events in the City. ACTION: 1) Approve Minute Order No. 8078, Authorizing the City Attorney to prepare an Event Sponsorship Agreement with the Desert AIDS Project in an amount not-to-exceed $25,000 to be the Host City for the 21st Annual United States Conference on AIDS at the Palm Springs Convention Center November 7-10, 2007; and 2) Authorize the City Manager to execute all documents necessary to effectuate this action. A5530. Motion Councilmember Foat, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 5. NEW BUSINESS: S.A. Item S.A. was heard concurrently with Item 1.G. 5.8. REQUEST FROM CAMELOT THEATRES AND R&R BROADCASTING FOR SPONSORSHIP OF THE YOUNG AMERICANS PRODUCTION "THE MAGIC OF CHRISTMAS" DECEMBER 13-16, 2007, IN THE AMOUNT OF $25,000: Tabled at the request of the event organizer. 5.C. REQUEST FROM THE PALM SPRINGS HIGH SCHOOL SPIRIT OF THE SANDS BAND FOR SPONSORSHIP OF A CONCERT SERIES IN THE AMOUNT OF $6,000: ACTION: 1) Authorizing the City Attorney to prepare an Event Sponsorship Agreement with Palm Springs High School in the amount of $6,000, for sponsorship of the Spirit of the Sands Concert Series; and 2) Authorize the City Manager to execute the agreement. A5533. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. 000017 City Council Minutes July 25, 2007 Page 18 COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills announced the City Manager's Birthday. Mayor Oden outlined the activities and events attended by the Mayor's Office- Mayor Pro Tern Pougnet thanked the Police Department for the recovery of stolen vehicles. ADJOURNMENT: The City Council adjourned at 10:20 P.M. to a Regular Meeting, Wednesday, September 5, 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 5TH DAY OF SEPTEMBER, 2007. MAYOR ATTEST: City Clerk