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HomeMy WebLinkAbout2006-07-26 AGENDA CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 www.ci.palm-springs.Ca.us AGENDA Fy►L/.�S^ i 41 4:00 PM Closed Session July 26, 2006 " I' 6:00 PM Adjourned Meeting �y ,,,.. °p• 6:00 PM Study Session Ron Oden, Mayor Ginny Foat, Mayor Pro Tem Mike McCulloch, Councilmember Chris Mills, Councilmember Steve Pougnet, Councilmember City of Palm Springs Vision Statement: Palm Springs aspires to be a unique world class desert community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible, sustainable economic growth and to enhance our natural desert beauty. We are committed to providing responsive, friendly and efficient customer service in an environment that fosters unity among all our citizens. David H. Ready, Esq., City Manager James Thompson, City Clerk Douglas C. Holland, City Attorney Craig Graves, City Treasurer Troy Butzlafl', Assistant City Manager Thomas Wilson, Assistant City Manager Any person who wishes to speak regarding an item on the agenda or on a subject within the City's jurisdiction during the "Public Comments" portion of the agenda must file a "Speaker Card" with the City Clerk BEFORE that portion of the agenda is called. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak on a Public Hearing must file a"Speaker Card"with the City Clerk BEFORE the Public Hearing is called. Complete City Council Agenda Packets are available for public inspection at: City Hall Office of the City Clerk, Palm Springs Ubrary and the Palm Springs Police Station. Agenda and staff reports are available on the City's website www.ri.p_alm- springs ra us. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at(760)323-8204. Please note, any agenda item which has not been initiated by 10:00 P.M.may be continued to a subsequent meeting. City Council meetings are wehcast live on the City's website www ci,palm-serinps.ca.us and cablecast live on PSCTV Channel 17, Meetings are re-broadcast (following the meeting) on Thursday at 8:00 P.M., Saturday at 1:30 P.M. and Tuesday at 7:00 P.M. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act(ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need Special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323- 8219,at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 4:00 P.M. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSION CALL TO ORDER: PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Items contained only on the Closed Session Agenda. RECESS TO CLOSED SESSION: See Closed Session Agenda. 6:00 P.M. CITY COUNCIL ADJOURNED MEETING AND STUDY SESSION CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORT OF CLOSED SESSION: ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or"no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda. PRESENTATIONS: 1. PUBLIC HEARINGS: 1.A. ZONING TEXT ORDINANCE MODIFYING M-1-P AND M-2 ZONES TO ALLOW AMBULANCE SERVICES BY CONDITIONAL USE PERMIT PROVIDED THEY ARE FIVE HUNDRED FEET FROM ANY RESIDENTIAL ZONE CASE NO, 5.1086 APPLICATION BY THE CITY OF PALM SPRINGS: RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the text of the Ordinance and introduce by title only; and 3) Introduce for first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTIONS 92.16.00 M-1- P ZONE AND 92.17.01.00 M2 ZONE MODIFYING THE REQUIREMENTS FOR THE LOCATION OF AMBULANCE SERVICES IN THE PLANNED RESEARCH DEVELOPMENT PARK AND MANUFACTURING ZONES CITYWIDE." City Council Agenda July 26.2006 Page 3 1.13. PROPOSED ORDINANCE ZONING TEXT AMENDMENT TO MODIFY SECTION 94.06.01 FINDINGS FOR A MINOR MODIFICATION CASE NO. 5.1114 ZTA, APPLICATION BY THE CITY OF PALM SPRINGS: RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the text of the Ordinance and introduce by title only; and 3) Introduce on first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 94,06,01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION." 1.C. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1691 PROHIBITING MOBILE, HOME PARK CONVERSIONS FOR A PERIOD OF 10 MONTHS AND 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME CONVERSION REGULATIONS AND LAND USE REGULATIONS: RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading the text of the Ordinance and adopt by title only; and 3) Adopt Ordinance No. "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRING, CALIFORNIA, EXTENDING ORDINANCE NO. 1691 PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 10 MONTHS AND 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS WITHIN THE CITY OF PALM SPRINGS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND USE REGULATIONS." (4/57H5VOTE REQUIRED) I.D. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1692 FOR A PERIOD OF 10 MONTHS AND 45 DAYS PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER: Withdrawn from Agenda. See Item 3.C, I.E. THE PALM HOTEL — CASE NO. 5.1089, PLANNED DEVELOPMENT DISTRICT 322, AN APPLICATION FOR THE DEVELOPMENT OF A FOUR-STORY BOUTIQUE HOTEL WITH 51 ROOMS INCLUDING 11 SUITES, ROOF TERRACE AREA WITH CABANAS, A RESTAURANT, A BAR, A WATER FEATURE, AND SWIMMING POOL ON AN APPROXIMATELY 36,217 SQUARE FEET SITE LOCATED AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND CAHUILLA ROAD: RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. "A RESOLUTION OF THE City Council Agenda July 20,2006 Page 4 CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1089, PLANNED DEVELOPMENT DISTRICT 322, FOR THE DEVELOPMENT AND OPERATION OF A 51-UNIT BOUTIQUE HOTEL, ON APPROXIMATELY 36,217 SQUARE FEET PARCEL LOCATED ON THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND CAHUILLA ROAD, SECTION 15." PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Agenda items; and items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Three (3) minutes assigned for each speaker. Testimony for Public Hearings will only be taken at the time of the hearing. COUNCILMEMBER COMMENTS AND REQUESTS: This portion of the meeting is set aside for general comments, announcements, requests of staff, and/or other issues of concern from the City Council. CITY MANAGER'S REPORT: This time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council. 2, CONSENT CALENDAR: The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Approval of the Agenda. The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for introduction or adoption. 2.A. REPORT ON POSTING OF THE AGENDA: RECOMMENDATION: Receive and file Report on the Posting of the July 26, 2006, City Council Agenda. 2.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: RECOMMENDATION: 1) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1014415 THROUGH 1014711 IN THE AGGREGATE AMOUNT OF $2,159,017.38 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1014712 THROUGH 1014713 IN THE AGGREGATE AMOUNT OF $107,854.80 DRAWN ON BANK OF AMERICA." 2.C. ACCEPT WITH GRATITUDE A DONATED TRUCK FOR MOUNTED POLICE SEARCH AND RESCUE UNIT: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE GRACIOUS DONATION OF A City Council Agenda July 26,2000 Page 5 VEHICLE FOR THE MOUNTED POLICE SEARCH AND RESCUE UNIT" valued at $25,917.25. 2,D, RESCIND RESOLUTION NO. 21633, AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2006-07: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESCINDING RESOLUTION NO. 21633 AMENDING THE ALLOCATED POSITIONS AND COMPENSATION PLAN." 2.E. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH 449 CORPORATION (DBA EAGLERIDER MOTORCYCLE RENTAL USA) FOR THE OPERATIONS OF A MOTORCYCLE RENTAL CONCESSION: RECOMMENDATION: 1) Approve Minute Order No. , Approving a Non-Exclusive Operating and Lease Agreement for the Operation of a Motorcycle Rental Concession with 449 Corporation (DBA Eaglerider Motorcycle Rental USA) effective July 1, 2006, and valid to June 30, 2009, with two (2) one-year options; and 2) Authorize the City Manager to execute all necessary documents. A 2.F. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH WVC RANCHO MIRAGE, INC. FOR PROMOTIONAL TERMINAL COUNTER SPACE: RECOMMENDATION: 1) Approve Minute Order No. , Approving a non-exclusive operating and lease agreement for promotional terminal counter promotional space with WVC Rancho Mirage, Inc. effective July 1, 2006, and valid until June 30, 2009, with two (2) one-year options; and 2) Authorize the City Manager to execute all necessary documents. A� 2.G. ACCEPT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION: RECOMMENDATION: 1) Adopt Minute Order No. , Authorizing the City Manager to accept federal grant No. 3-06-0181-40 (AIP 40) for a total amount not to exceed $7,500,000; and 2) Authorize the City Manager to execute all necessary documents. A 2.H. NON-EXCLUSIVE OPERATING PERMIT AGREEMENT WITH EVA'S AT THE PALM SPRINGS AIRPORT FOR RETAIL CARTS NOS, 1 AND 2: RECOMMENDATION: 1) Adopt Minute Order No. ,, Approving non- exclusive month-to-month operating permit agreements with Eva's at Palm Springs for Airport Retail Carts Nos. 1 and 2 effective July 16, 2006; and 2) Authorize the City Manager to execute all necessary documents. A` and A City Council Agenda July 26.2006 Page 6 2.1. REQUEST BY PALI-PALM SPRINGS LLC FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT THE PALI-HOUSE HOTEL, AND RESIDENTIAL COMPLEX LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15: RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT THE PALI-HOUSE HOTEL AND RESIDENTIAL COMPLEX LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15." 2.J. EVENT SPONSORSHIP AGREEMENT WITH PARADES OF PALM SPRINGS FOR SPONSORSHIP OF THE 2006 FESTIVAL OF LIGHTS PARADE: RECOMMENDATION: 1) Adopt Minute Order No. Approving a sponsorship agreement with Parades of Palm Springs for the 2006 Festival of Lights Parade; and 2) Authorize the City Manager to execute all necessary documents. A� 2.K. PROPOSED AGREEMENT WITH CARL WARREN AND COMPANY FOR AS-NEEDED CLAIMS ADMINISTRATION AND ADJUSTMENT SERVICES: RECOMMENDATION: 1) Adopt Minute Order No. Approving an agreement with Carl Warren and Company for as-needed third party claims administration and adjusting services in an amount not-to-exceed $60,000 for Fiscal Year 2006-07; and 2) Authorize the City Manager to execute all necessary documents. A 2.L. CITY COUNCIL, COMMISSIONERS AND BOARD MEMBERS EXPENSE REIMBURSEMENT POLICY AS REQUIRED BY AB1234: RECOMMENDATION: Adopt Resolution No. _, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING EXPENSE GUIDELINES AND AN EXPENSE REIMBURSEMENT POLICY FOR THE CITY COUNCIL, COMMISSIONERS AND BOARD MEMBERS." 2.M. PROPOSED LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS (T-MOBILE) FOR COMMUNICATIONS FACILITIES LOCATED AT SUNRISE PLAZA PARK: RECOMMENDATION: 1) Adopt Minute Order No. Approving a lease agreement, in a form acceptable to the City Attorney, with Omnipoint Communications (DBA T-Mobile Communications), a Delaware based corporation, for certain public property located at 450 South Sunrise Way (Palm Springs Stadium) for the purpose of construction and operating a wireless communication facility. A City Council Agenda July 26,2006 Page 7 2.N. DEDUCTIVE CHANGE ORDER NO. 1 TO AGREEMENT NO. A5257 EXPAND TERMINAL/H OLD ROOMS-AD D CHECKPOINT PHASE 3, PART 2 SCHEDULE I, CITY PROJECT 2005-10: RECOMMENDATION: 1) Adopt Minute Order No, Approving Change Order No. 1 to Agreement No. A5257 with Harbor Construction Co., Inc. for revisions and modifications for the construction of the new regional holdroom DECREASING the amount by $823,365, and reducing the total contract price from $9,278,000 to $8,454,635 pending FAA approval; and 2) Authorize the City Manager to execute all necessary documents. A5257. 2.0. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD: RECOMMENDATION: 1) Approve Minute Order No, Approving Amendment No. 5 to Agreement No. A4366 Memorandum of Understanding regarding measures to minimize and mitigate take of the Coachella Valley fringe-toed lizard; and 2) Authorizing the Mayor to execute the Amendment to the Agreement. A4366. 2.P. APPROVAL. OF FINAL MAP 33933 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH PS AVENIDA CABALLEROS/SAN RAFAEL LLC, FOR 57 SINGLE FAMILY HOMES LOCATED AT 1110 FRANCIS DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST: RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33933 FOR PROPERTY LOCATED AT 1110 FRANCIS DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PS AVENIDA CABALLEROS/SAN RAFAEL LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A 2.Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 1696 RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS: RECOMMENDATION: Waive further reading and adopt Ordinance No. 1696 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.40.015, AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44.020, 11.44.030, 11.44.060, 11.44.080, 11.44.100, 11.68.010, AND 11.68.135, AND AMENDING SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF City Council Agenda July 26,2006 Page a ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS." 2.R. APPROVE CONTRACT SERVICES AGREEMENT WITH CAROLLO ENGINEERS TO PREPARE A CAPITAL REPAIR AND REPLACEMENT PLAN FOR THE CITY'S WASTEWATER TREATMENT PLANT: RECOMMENDATION: 1) Adopt Minute Order No. , Approving in a form acceptable to the City Attorney, a contract services agreement with Carollo Engineers to prepare a Capital Repair and Replacement Plan for the City's Wastewater Treatment Plant in an amount not-to-exceed $77,531; and 2) Authorize the City Manager to execute all necessary documents to effectuate this agreement. A� 2.8, SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS): RECOMMENDATION: 1) Adopt Minute Order No. Approving the Side Letter of Agreement to the July 1, 2005 to June 20, 2007 Memorandum of Understanding between the Municipal Employee Relations Representative and the Management Association of Palm Springs Representing the Professional and Management Unit; and 2) Authorize the City Manager to execute the Side Letter of Agreement. A5158. 2.T, PROPOSED AGREEMENT FOR AIRPORT LANDSCAPE ARCHITECTURAL SERVICES: RECOMMENDATION: 1) Adopt Minute Order No. Approving an agreement for Landscaping and Architectural Services with Michael Bucchino Associates for the Airport terminal courtyards in the amount of $94,000; and 2) Authorize the City Manager to execute all necessary documents. A� 3. LEGISLATIVE: 3.A. AIRPORT CONCESSION PROGRAM DEVELOPMENT PLAN: RECOMMENDATION: 1) Receive and File the Airport Concession Program Development Plan dated June 15, 2006 3.13. PROPOSED ACTIONS REGARDING A REFERENDUM PETITION FILED FOR ORDINANCE NO. 1689, RECONSIDERATION OF THE ORDINANCE, OR CALLING AN ELECTION AND OTHER MATTERS AS REQUIRED BY LAW, REGARDING THE EXTENSION OF A Clry Council Agenda July 26,2000 Page 9 DEVELOPMENT AGREEMENT WITH SHADOWROCK REAL ESTATE DEVELOPMENT, LLC: RECOMMENDATION: 1) Receive and File the Certificate of Sufficiency as prepared and executed by the City Clerk; 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 FOR SIGNATURE VERIFICATION SERVICES RELATING TO A FILED REFERENDUM PETITION;" and 3) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE CITY CLERK TO PREPARE ALL NECESSARY DOCUMENTS TO SUBMIT TO THE QUALIFIED VOTERS AN ORDINANCE APPROVING THE EXTENSION OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC., AT THE MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 6, 2007." 3.C. INTERIM URGENCY ORDINANCE PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL, USE PERMIT FOR A PERIOD OF 45-DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE. CENTER OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS: RECOMMENDATION: 1) Waive reading of the Ordinance text and adopt by title only; and 2) Adopt Ordinance No. , "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE PERMIT, FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS." (4/5"s VOTE REQUIRED) 4. UNFINISHED BUSINESS: None. City Council Agenda July 26 2006 Page 10 5. NEW BUSINESS: 5.A. APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION, BOARD OF APPEALS, VILLAGEFEST BOARD AND PLANNING COMMISSION FOR THE 2006 ANNUAL RECRUITMENT PROCESS: RECOMMENDATION: 1) Appoint three-members to the Human Rights Commission for the term ending June 30, 2009; 2) Appoint one-member to the Board of Appeals (no-term); 3) Appoint two-members to the VillageFest Board for the term ending June 30, 2009; and 4) Appoint three-members to the Planning Commission for the term ending June 30, 2009. SS. STUDY SESSION: SS1. DISCUSSION AND DIRECTION ON A DRAFT ORDINANCE FOR THE CHINO CONE AND ADJACENT AREAS: RECOMMENDATION: Direct staff as appropriate. SS2. GENERAL PLAN UPDATE, PRELIMINARY REVIEW OF THE DRAFT HOUSING ELEMENT AND REVIEW OF DRAFT FINDINGS ON THE CIRCULATION ELEMENT FUTURE TRAFFIC CONDITION MODEL: RECOMMENDATION: Receive and File the draft Housing Element for discussion at a Study Session in September, 2006, COUNCILMEMBER COMMENTS AND REPORTS: Additional reports, general comments, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time. ADJOURNMENT: The City Council will adjourn to the Regular Meeting, Wednesday, September 6, 2006, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 4:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. FeA��spy CITY OF PALM SPRINGS/CRA o CLOSED SESSION AGENDA N PALM SPRINGS CITY HALL— SMALL CONFERENCE ROOM Wednesday, July 26, 2006 * °+roa 4:00 P.M. ..o COMMUNITY REDEVELOPMENT AGENCY ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Prairie Schooner Parcel —Andreas Road A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with Corey Alder, representing Nexus Development Corp., and to give direction to its negotiator, David Ready, City Manager, relative to that certain real property known as the Prairie Schooner parcel on Andreas Road adjacent to the Wyndham Hotel, regarding the price and terms of payment for this property. B. 5.6 Acre Parcel at the Northeast Corner of Amado Road and Calle Alvarado A closed session will be held, pursuant to Government code Section 54956.8, to enable the City Council to consider negotiations with Lauri Kibby, representing the Oasi Group, and to give direction to its negotiator, David Ready, relative to the 5.5 acre parcel located on the northeast corner of Amado Road and Calle Alvarado, regarding the price and terms of payment for this property. C. 141 S. Cahuilla Rd. —Winters Parcel — Frank Tvsen A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Frank Tysen, and to give direction to its negotiator, David Ready, relative to that certain parcel located at 141 S. Cahuilla Road regarding the price and terms of payment for this property. 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: Three A, Mary Justice v. Coachella Valley Water District, et al. A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Mary Justice v. Coachella Valley Water District, et al., Case No. RIC 451297, Riverside County Superior Court, Indio. B. Sierra Club v. City of Palm Springs, et al. A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Sierra Club v. City of Palm Springs et al., Case No. RIC 451297, Riverside County Superior Court, Indio. C. Donald Mangione, et al. v. Veolia Water, et al. A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Donald Mangione, et al. v. Veolia Water, et al., Case No. INC 055887, Riverside County Superior Court CITY OF PALM SPRINGS ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - NONE 2. CONFERENCE WITH LEGAL COUNSEL — ONE A. Liability Claim —Thompson A closed session will be held, pursuant to Government Code Sections 54956.9(b) and 54956,95, to confer with legal counsel regarding a liability claim that has been filed against the City and to give direction to legal counsel regarding terms of a possible settlement. 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Four A. Exposure to Litigation —Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(b) (1) and (3) (A) (B), because there is significant exposure to litigation in two cases. B. Possible Initiation of Litigation —Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(c), because the City is considering whether to initiate litigation in two cases. 2 4. PERSONNEL MATTERS: A. Labor Negotiations with Represented Units — Fire Safety, Police Safety, Fire Management and Management Association (MAPS) A closed session will be held, pursuant to Government Code Section 54957.6, with David Ready, the City's Labor Negotiator, regarding labor negotiations with the City's Fire Safety, Police Safety, Fire Management and the Management Association (MAPS). B. Conference with Labor Negotiator— Unrepresented Units A closed session will be held, pursuant to Government Code Section 54957.6, with David Ready, the City's labor negotiator, regarding negotiations with unrepresented employees (Department Heads). if additional information is needed,please contact Marilynn Hannon in the Office of the Assistant City Manager at 7601323-8202, It is the intention of the City of Palm Springs to comply with the Amencans with Disabilities Act(ADA)in all respects. If, as an attendee or a participant at this meeting,you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323-8219, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. The telephone number for the hearing impaired(TDD)is 7601864-9527. POSTED 0712112006 3