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HomeMy WebLinkAbout2006-07-19 AGENDA CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 www.ci.pal m-sprin sq ca.us AGENDA Op pptA,sAP! N ! 4:00 PM CLOSED SESSION July 19, 2006 6:00 PM REGULAR MEETING Ron Oden, Mayor Ginny Foat, Mayor Pro Tern 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 Butzlaff, 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 at 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 Library and the Palm Springs Police Station. Agenda and staff reports are available on the City's website www.d.inalm-springs.ca.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 webcast live on the City's website www d.oalm-sprinos.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 REGULAR MEETING CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Pastor Bill Johnson, Palm Springs Presbyterian. 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: I.A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2006-07: RECOMMENDATION: 1. Open the Public Hearing to obtain public testimony regarding the 2006-07 annual levy of special assessments for various Citywide street lighting and parkway maintenance districts, and receive any and all property owner protest: ballots. 2. Close the Public Hearing and continue the item to a later time on the agenda, to allow the City Clerk and/or his designee to coordinate with the City's Special Assessment consultant, MuniFinancial, on the opening and tabulation of submitted ballots. 3. Following tabulation of the submitted ballots, reopen the item for consideration by the City Council. City Council Agenda July 19,2006 Page 3 4. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1." 5. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1" 6. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1." 7. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2." 8. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2." 9. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2." 10. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Agenda July 19,2006 Page 4 DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE_ AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4." 11. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4." 12. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4." 13. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6B." 14. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6B." 15. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6B." 16. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED City Council Agenda July 19,2006 Page 5 ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C." 17. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT' REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C." 18. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C." 19. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8." 20. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8." 21. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8." 22. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2006-07 FOR City Council Agenda July 19,2006 Page 6 THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9." 23. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9." 24. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9." 25. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3." 26. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3." 27. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A." 28. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A." 29. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7." Cdy Council Agenda .July 19,2006 Page 7 30. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7." 31. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2." 32. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2." 1.B. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS: RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 572 AVENIDA CERCA." 3. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 578 AVENIDA CERCA." 4. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 586 AVENIDA CERCA." 5. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CTY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 593 AVENIDA CERCA." City Council Agenda July 19,2006 Page S 6. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 3133 EAST VENTURA ROAD." 7. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 580 SOUTH DESERT VIEW." 8. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 247 NORTH MICHELLE ROAD." 9. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1776 North Palm Canyon Drive." 10. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 365 WEST PALM VISTA." 11. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1201 EAST TAMARISK ROAD." 12. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CaTY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2757 EAST VENTURA ROAD." I.C. THE PALMS 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 City Council Agenda July 19,2006 Page 9 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; 2) Adopt Resolution No. , "A RESOLUTION OF THE 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." I.D. AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE: RECOMMENDATION: 1) Continue the Public Hearing to September 6, 2006 with no public testimony; and 2) Direct the City Clerk to re-notice the public hearing. 1.E. OMNIPOINT COMMUNICATIONS — T-MOBILE CASE NO. 5.1106, CONDITIONAL USE PERMIT, REQUESTING APPROVAL TO REPLACE A STADIUM LIGHT POLE WITH A NEW STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND LEASE SPACE FOR EQUIPMENT CABINETS, LOCATED AT SUNRISE PLAZA PARK: RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1106, CONDITIONAL USE PERMIT APPLICATION, FOR THE REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY-FOOT STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND SEVEN-FOOT FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A 346 SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE WAY (PALM SPRINGS STADIUM), O ZONE, SECTION 13, T4S, RSE." 1.17. AN APPLICATION BY PAL.I-PALM SPRINGS, LLC TO SUBDIVIDE A PREVIOUSLY DEVELOPED SITE OF APPROXIMATELY 92,862 SQUARE FEET OR 2.13 ACRES — THE ORCHID TREE INN — FOR CONSTRUCTION OF 34 RESIDENTIAL CONDOMINIUM UNITS, AND A NINE-ROOM HOTEL, NOW CALLED PALI-HOUSE, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN: 513-152- 010, 513-152-014, 513-152-018, 513-152-019: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP 34214, TO City Council Agenda July 19,2006 Page 10 SUBDIVIDE APPROXIMATELY 92,862 SQUARE FEET OR 2.13 ACRES, FOR 34 RESIDENTIAL CONDOMINIUMS, A NINE-ROOM HOTEL, ASSOCIATED LANDSCAPING AND PARKING, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN: 513-152-010, 513-152-014, 513-152-018, 513-152-019." 1.G. GENERAL PLAN AMENDMENT (CASE 5.1101), ZONING TEXT AMENDMENT (CASE 5.1124) AND VACATION OF STREET RIGHT-OF- WAY, FOR THE DEVELOPMENT OF A NEW BMW AUTOMOTIVE DEALERSHIP ON A 7.91 ACRE SITE LOCATED AT 3737 EAST PALM CANYON DRIVE: RECOMMENDATION: 1) Open the public hearing and receive pubic testimony; 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR THE BMW DEALERSHIP PROPOSED ON 7.91 ACRES LOCATED AT 3737 EAST PALM CANYON DRIVE, AND APPROVING CASE NUMBER 5.1101 GENERAL PLAN AMENDMENT, AND THE VACATION OF THE EAST PALM CANYON DRIVE FRONTAGE ROAD;" and 3) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE." PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Consent Calendar and other agenda items; and items of general interest within the subject matter jurisdiction of the City. Although the City Council value 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 members of 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 19, 2006, City Council Agenda. City Council Agenda July 19,2006 Page 11 2.13. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City Council Minutes of July 12, 2006. 2.C. STAFF AUTHORIZED AGREEMENTS FOR JUNE 2006: RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period June 1 through June 30, 2006. 2.1). 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 7-1-06 BY WARRANTS NUMBERED 410513 THROUGH 410589 TOTALING $89,026.18, LIABILITY CHECKS NUMBERED 1014386 THROUGH 1014414 TOTALING $130,399.80, THREE WIRE TRANSFERS FOR $53,222.28 AND THREE ELECTRONIC ACH DEBITS OF $903,428.83 IN THE AGGREGATE AMOUNT OF $1,176,077.09 DRAWN ON BANK OF AMERICA." 2.E. PROPOSED ORDINANCE ESTABLISHING RULES AND REGULATIONS AND MINIMUM OPERATING STANDARDS FOR ACCESS AND USE OF THE PALM SPRINGS INTERNATIONAL AIRPORT: RECOMMENDATION: Waive further reading and adopt Ordinance No. 1693, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING TITLE 16 TO, AND REPEALING CHAPTERS 11.33, 11.34, AND 11.35 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF THE RULES AND REGULATIONS FOR ACCESS TO AND USE OF THE PALM SPRINGS INTERNATIONAL AIRPORT." 2,F. ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE INTEGRATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM AND THE USE OF THE NATIONAL SYSTEM WHICH SHALL BE CONSISTENT WITH THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM IN CALIFORNIA." 2.G. REQUEST BY RSM ARBOURS, LP, TIME EXTENSION FOR TENTATIVE TRACT MAP 32263, TO SUBDIVIDE APPROXIMATELY 2.3 ACRES OF LAND FOR THE PURPOSES OF CONDOMINIUM LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM MAY 19, 2006 TO MAY 19, 2007 FOR TENTATIVE TRACT MAP 32263 TO SUBDIVIDE APPROXIMATELY 2.3 ACRES OF LAND FOR THE City Council Agenda July 19,2006 Page 12 PURPOSES OF CONDOMINIUM LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7." 2.H. AMENDMENT NO. 1 TO AGREEMENT NO. A4393, A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE GENE AUTRY TRAIL WIDENING PROJECT, VISTA CHINO TO INTERSTATE 10: RECOMMENDATION: 1) Adopt Minute Order No. Approving Amendment No. 1 to Agreement No. A4393 with Coachella Valley Association Of Governments (CVAG) for an additional amount of $4,411,428 for a total amount of $10,500,000 (75% CVAG reimbursable) for the Gene Autry Trail widening project, Vista Chino to Interstate 10; and 2) Authorize the City Manager to execute all necessary documents. A4393. 2.1. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2005-06 AND FISCAL YEAR 2006-07 ASPHALT RUBBERIZED HOT MIX OVERLAY, CITY PROJECT 05-22: RECOMMENDATION: Adopt Minute Order No. Approving the plans, specifications, and working details for the Fiscal Year 2005-06 and 2006-07 ARHM overlay, City Project 05-22; and authorize staff to advertise and solicit bids. 2.J. ACCEPTANCE OF VARIOUS PUBLIC SEWER EASEMENTS IN THE PALM SPRINGS COUNTRY CLUB AREA, SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-05-022: RECOMMENDATION: 1) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING VARIOUS PUBLIC SEWER EASEMENTS IN THE PALM SPRINGS COUNTRY CLUB AREA, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" and 2) Authorize the City Clerk to prepare the necessary Certificate of Acceptance, and submit the Grant of Right-of-Way and Resolution accepting the offers of dedication of public sewer easements to the Riverside County Recorder for recordation. 2.K. APPROVAL OF AGREEMENT WITH THE CITY OF CATHEDRAL CITY FOR TRAFFIC SIGNAL MAINTENANCE OF THREE SHARED TRAFFIC SIGNALS ALONG RAMON ROAD. RECOMMENDATION: 1) Adopt Minute Order No. Approving an agreement with the City of Cathedral City for traffic signal maintenance of three shared traffic signals along Ramon Road; and 2) Authorize the City Manager to execute all necessary documents. A 2.L. PURCHASE OF EIGHT (8) NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT: RECOMMENDATION: Adopt Minute Order , Approving the purchase of eight (8) new Ford Crown Victoria 2007 Police Interceptors for city Council Agenda July 19,2006 Page 13 use by the Police Department in the amount of $196,631.84 from Wondries Ford of Alhambra, California. 2.M. ANNUAL PURCHASE OF ELECTRONIC DATABASES FOR THE LIBRARY FROM EBSCO: RECOMMENDATION: Adopt the Minute Order No. , Approving the Fiscal Year 2006-07 renewal of electronic research databases from EBSCO for Library Services in the amount of$36,950. E=XCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time. ;i. LEGISLATIVE: 3.A. PROPOSED ORDINANCE 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 RELATING TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS: RECOMMENDATION: Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. , "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 ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS." 4. UNFINISHED BUSINESS: 4.A. APPROVAL OF PROPOSED LICENSE AGREEMENT WITH THE WELL IN THE DESERT TO OPERATE A HOT MEAL FEEDING PROGRAM, LOCATION COMMONLY KNOWN AS THE FREY BUILDING, 1901 EAST BARISTO ROAD, PALM SPRINGS: RECOMMENDATION: 1) Adopt Minute Order No. Approving a License Agreement with the Well in the Desert, for the purpose of operating a hot meal feeding program at the Frey Building, 1901 East Baristo Road, Palm Springs; and 2) Authorize the City Manager to execute the agreement. A 5. NEW BUSINESS: 5.A. APPOINTMENTS TO THE PUBLIC ARTS COMMISSION AND THE LIBRARY BOARD OF TRUSTEES FOR THE 2006 ANNUAL RECRUITMENT PROCESS: City Council Agenda July 19,2006 Page 14 RECOMMENDATION: 1) Appoint three-members to the Public Arts Commission for the term ending June 30, 2009; and 2) Appoint two- members to the Library Board of Trustees for the term ending June 30, 2009. 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 an Adjourned Meeting, Tuesday, July 25, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. O,FPP`�M Spy CITY OF PALM SPRINGS/CRA K 'y CLOSED SESSION AGENDA U 0 W PALM SPRINGS CITY HALL — SMALL CONFERENCE ROOM Wednesday, July 19, 2006 ** 4:00 P.M. +eo.reo'9yeP' 9Z�FORNX COMMUNITY REDEVELOPMENT AGENCY ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Desert Fashion Plaza 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 John Wessman, representing Wessman Development, relative to that certain real property located on the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way known as the Desert Fashion Plaza, and to give direction to its negotiator, David Ready, City Manager, regarding the price and terms of payment relative to this property. B. 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. C. 5.5 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. D. 141 S. Cahuilla Rd. —Winters Parcel — Frank Tysen 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: None CITY OF PALM SPRINGS ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - NONE 2. CONFERENCE WITH LEGAL COLINSEL -- NONE 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. 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 760/323-8202. 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,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 yourparticular 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(TOD)is 7601864-9527. POSTED 07/14/2006 2