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HomeMy WebLinkAbout2006-07-05 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, JUNE 21, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. INVOCATION: Rev. Richard Drasen, Palm Springs Church of Today, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: One Item was added to the Closed Session Agenda as Item I.D. under Government Code Section 54956.8 Conference with Real Property Negotiator for the Winters Parcel to consider negotiations with Frank Tysen and give direction to the City's negotiator David Ready. Motion by Mayor Oden, seconded by Councilmember Mills and unanimously carried on a 4-0 vote, noting the absence of Councilmember Pougnet. City Attorney Holland reported that at 4:30 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Mills requested Items 2.B. and 2.H. be removed from the Consent Calendar for separate discussion and noted his business related abstention on Consent Calendar Item 21. Councilmember Pougnet requested that Public Hearing Item I .C. be continued and that the City Council request the developer install story poles and/or other visual aids on the subject property. Discussion was held regarding story-poles, other types of visual indicators, the impacts to the public by continuing the public hearing, requiring developers retroactively to comply, the technical aspects of story-poles of this size. ACTION: 1) Table Public Hearing Item I.C. to an Adjourned Regular Meeting on July 12, 2006; 2) Direct the City Clerk to post a Notice of Continued Public Hearing; and 3) Direct the Applicant to prepare story poles and/or other visual aids and place on the Item No. n . B . City Council Minutes June 21, 2006 Page 2 subject property. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and carried 3-2 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: Councilmember McCulloch and Councilmember Mills. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Foat, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Police K9 Kaiser for 5-years of public service. Mayor Oden and the City Council presented a Certificate of Appreciation to Team Depot and Home Depot for providing materials and volunteers to paint the exterior of the Mizell Senior Center. 1. PUBLIC HEARINGS: 1.A. APPEAL HEARING OF THE HISTORIC SITE PRESERVATION BOARD ACTIONS REGARDING THE SITE (KNOWN AS THE 400 BLOCK OF NORTH PALM CANYON DRIVE AND NORTH INDIAN CANYON DRIVE, FILED BY JEANNINE RAYMOND ET AL, CASE NO. 5.1091-PD 324: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 21, 2006. Mayor Pro Tern Foat requested staff address if the City has received a current site plan or an approved project. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. LAWRENCE RAEL, outlined his proposed project, addressed the non-historical value of the property and the points in the appeal, and the condition of the property. JEANNINE RAYMOND, Appellant, stated her concerns about development in the City of Palm Springs with respect to historical sites. PHIL CARVINUS, Thousand Palms, spoke in support for the project and stated age is not always historically significant. BRIAN STRAHL, Palm Springs, stated this project was completely discussed by the HSPB and requested the City Council uphold the HSPB decision. City Council Minutes June 21, 2006 Page 3 DON KARVELIS, Palm Springs, stated his support for this development. JAMES CIOFFI, Palm Springs, provided some historical facts regarding the property, and requested the City Council uphold the decision of the RSPB. JOHN STILES, Palm Springs, stated his support for the project and requested the City Council deny the appeal. JERRY LONDON, provided historical information of the site, and requested the City Council uphold the decision of the HSPB. JOEL ROSE, Palm Springs, stated his support for the project. VIC GAINER, Palm Springs, stated his support for the project and requested the City Council uphold the decision of the HSPB. RICH YOUNG, Palm Springs, stated the building should be demolished, commented on the developer and stated his support for the development. HADDON LIBBY, Palm Springs, requested the City Council uphold the decision of the HSPB. RYAN ESPINOSA, Palm Springs, stated his support for the project and requested the City Council uphold the decision of the HSPB. WESLEY COLE, Palm Springs, stated his support for the project and requested the City Council uphold the decision of the HSPB. DON PARKER, Palm Springs, commented on the quality of retail establishments in downtown Palm Springs and stated his support for the development. NORMAN BROWN, requested the City Council uphold the decision of the HSPB. JOY MEREDITH, Palm Springs, stated the area is blighted and requested the City Council uphold the decision of the HSPB. JOEL BROWN, Palm Springs, stated his support for the developer, stated the area needs revitalization and his opposition to the appeal of the HSPB. NANCY STUART, Palm Springs, commented on the business community and development and requested the City Council reject the appeal. JADE NELSON, Palm Springs, commented on Historic Preservation. SHERYL HAMLIN, Palm Springs, commented on adapted reuse and provided examples. City Council Minutes June 21, 2006 Page 4 ED TORRES, stated his support for the project and requested the City Council uphold the decision of the HSPB. REBECCA TERRILL, stated her support for the developer and the project. SHELLY SAUNDERS, Palm Springs, provided background on the current site and buildings, and requested the City Council uphold the decision of the HSPB. SCOTT LYLE, Palm Springs, stated the developer reviewed the possibility of adaptive reuse and the buildings are not worth saving; requested the City Council uphold the decision of the HSPB. JIM STUART, Palm Springs, provided background information on the site and the buildings and requested the City Council uphold the decision of the HSPB. BOB HELBLING, Palm Springs, stated his support of the downtown plan and the project and commented on the demolition permit process. JANE SMITH, Palm Springs, commented on development and construction related illnesses. CAROL ANN NELSON, stated her support for revitalization. JON CAFFERY, Palm Springs, commented on the appeal process and requested the City Council uphold the decision of the HSPB. MARK ANDERSON, Palm Springs, stated his support for revitalization in the downtown area. ROXANN PLOSS, Palm Springs, commented on adaptive reuse along Palm Canyon and requested a plan be approved before the property is demolished. PAUL MEDIANO, Palm Springs, stated his support for the revitalization of the downtown area and in support of the project. CHARLES SACHS, Palm Springs, stated his opposition to the proposed project and stated we could save a part of the building. TIM CLARK, stated his support for the project and the revitalization of downtown. TRACY TURNER, Palm Springs, stated his support for the "Village" atmosphere. ROBERT IMBER, stated this appeal is about quality of life and successful development and the HSPB did not fully review all aspects of the historical value of the site. City Council Minutes June 21, 2006 Page 5 CHRISTY EUGENIS, stated her support for smart growth and revitalization and stated the scale is out of proportion for the area. DANA STEWART, stated her support for preserving the site. TOM ADAMO, spoke in support of the project. FRANK TYSEN, Palm Springs, stated his support for preservation of the site. SAM SPINELLO, Palm Springs, stated his support for the project. KITTY HAYES, Palm Springs, provided background information on the Historic designation of this site. LAWRENCE RAEL, Applicant, reiterated his position on the project and the readiness of the developer. JEANNINE RAYMOND, Appellant, restated her position and stated she is not "anti-development." No further speakers coming forward, the public hearing was closed. Councilmember Pougnet requested the City Attorney address the nature of the legislative action under consideration. Mayor Pro Tern Foat requested staff review the process of allowing the demolition of a building prior to new plans being submitted, commented on the condition of the area and the condition of the building. Councilmember Mills provided background information on the site, and commented on the blighted area. Councilmember McCulloch commented on the study and findings of the HSPB, and commented that the building does not qualify for preservation. Councilmember Pougnet thanked staff for the comprehensive staff report, commented on the Urban Design Guidelines and a possible Historic District. Mayor Oden commented on the make-up of the HSPB and provided background information on the site for redevelopment. ACTION: Adopt Resolution No. 21621, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION OF THE HISTORIC SITE PRESERVATION BOARD TAKEN MAY 23, 2006 AND ALLOWING THE DEMOLITION OF CERTAIN STRUCTURES AND City Council Minutes June 21, 2006 Page 6 PRESENTATION OF HISTORIC MATERIAL FOR PERMANENT PUBLIC RECORD AND DISPLAY ON THE SITE, INTEGRAL WITH THE PROPOSED NEW DEVELOPMENT." Motion Councilmember Mills, seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote. Mayor Oden stated he had to leave the meeting early and commented on the recent passing of Jack Oberle, and grants received from the Auga Caliente Band of Cahuilla Indians for Police and Fire services in the City of Palm Springs. The City Council recessed at 8:54 P.M. Mayor Oden left the meeting. The City Council reconvened at 9:03 P.M. I.B. PROPOSED INCREASE IN THE SEWER CONNECTION FEE: Troy Butzlaff, Assistant City Manager - Administration, provided background information as outlined in the staff report dated June 21, 2006. Mayor Pro Tem Foat opened the public hearing, and the following speakers addressed the City Council. FRED BELL, Building Industry Association, stated the study does not meeting the nexus requirements under the Government Code. No further speakers coming forward, the public hearing was closed. Mayor Pro Tem Foat requested staff address the request of the BIA, and the current fee. Councilmember McCulloch requested the City Attorney address the timing concerns. ACTION: Adopt Resolution No. 21622, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INCREASE IN THE SEWER FACILITY FEE ASSESSED ON NEW CONSTRUCTION." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. 1.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 APPROXIMATELY 36,217 SQUARE City Council Minutes June 21, 2006 Page 7 FEET SITE LOCATED AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON AND CAHUILLA ROAD: Continued to July 12, 2006 under Approval of the Agenda. I.D. APPEAL HEARING BY WESSMAN DEVELOPMENT OF A PLANNING COMMISSION RESOLUTION DENYING A VARIANCE AND CONDITIONAL USE PERMIT TIME EXTENSION LOCATED AT 102 NORTH SUNRISE WAY, ZONE P, SECTION 13: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 21 , 2006. Councilmember Pougnet requested staff address the Planning Commission discussion and the finding that the Applicant has not demonstrated "good cause." Councilmember Mills requested staff address if the project has a right-of-zone, commented on the CUP process, and on the site with respect to a drive-thru. Mayor Pro Tern Foat opened the public hearing, and the following speakers addressed the City Council. MARTHA HIGGINS, Representing Applicant, commented on the timing issues of finding a tenant which require the extension, and stated the adjoining property owner approves of the project. SAM SPINELLO, commented on delay due to finding an appropriate tenant and the proposed site plan. MARK RABER, Del Taco, provided background information with the permitting process with respect to the application for Del Taco at this site. CURT EALY, commented on the relationship between the subject property and the adjoining property. No further speakers coming forward, the public hearing was closed. Councilmember McCulloch requested staff address the issuance of a CUP, conditions of approval, and commented on the drive-thru. Councilmember Mills commented on the site plan and the use of the property, adding conditions for the reciprocal easement, continue thru architectural review and further signage requirements. Councilmember Pougnet requested clarification of the action being suggested this evening. City Council Minutes June 21, 2006 Page 8 ACTION: 1) Overturn the decision of the Planning Commission and grant the Appeal of Wessman Development by approving a one-year time extension for Case No. 5.0988, Conditional Use Permit and 6.486 Variance, to allow a drive- thru facility located at 102 North Sunrise Way, Zone P, Section 13; 2) Add three Conditions to the Planning Commission Resolution, requiring a reciprocal easement agreement with the adjoining property owner, requiring the project for further review with the Architectural Advisory Committee, and to the extent feasible, limit signage in a manner consistent with prior use of the property. Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None, ABSENT: Mayor Oden. The City Council convened as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency at 9:45 P.M. JOINT PUBLIC HEARING: RA1. AMENDMENT NO. 3 TO AGREEMENT NO. A0339C AN AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY TO THE SPA HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED PROJECT AREA NO. 2: ACTION: 1) Continue the Public Hearing; and 2) Direct staff to re-notice the Hearing. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. RA2. AMENDMENT NO. 2 TO AGREEMENT NO. A0490C, A DEVELOPMENT AND DISPOSITION AGREEMENT, WITH CENTURY CROWELL COMMUNITIES, LP D/B/A/ MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA NO. 1: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 21, 2006. City Council Minutes June 21, 2006 Page 9 Mayor Pro Tern Foat opened the public hearing, and the following speakers addressed the City Council. TOM HILL, Century Homes, provided background information on the conditions and the sales of the homes based on the agreement. No further speakers coming forward, the public hearing was closed. Mayor Pro Tem Foat requested staff explain a silent second mortgage. Councilmember McCulloch commented on the fiscal impact statement and requested information with respect to the source of funds. ACTION: Adopt Resolution No. 21623, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0490C, BETWEEN CENTURY CROWELL COMMUNITIES, LP D/B/A/ MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA NO. 1." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. The City of Palm Springs Community Redevelopment Agency adjourned at 9:59 P.M. and the City Council continued. PUBLIC COMMENT: WILSON HONG, Palm Springs, commented on the rent increases imposed on the residents at the Horizon Village Mobile Home Park. JOY MEREDITH, Palm Springs, commented on Item 4.A. and requested the City Council extend the unrestricted parking in the downtown area. BOB HELBLING, Palm Springs, commented on the development process and a definable process for development. City Council Minutes June 21, 2006 Page 10 JOHN TYMON, Palm Springs, commented on the rent increase at Horizon Village, and read a poem about development and tourism. KE=1TH McCORMICK Palm Springs, spoke in support of Item 4.A., and requested the City Council extend unrestricted parking in the downtown area for one-year. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready provided information on a new non- stop flight by Air-Canada to Palm Springs International Airport. 2. CONSENT CALENDAR: Councilmember Mills requested Item 2.13. be returned to the Consent Calendar for approval. ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.J., 2.K., 2.L., 2.M., and 2.N. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the June 21, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.B, AWARD OF BID IFB 06-05 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS: ACTION: Adopt Minute Order No. 7875, Awarding Bid (IFB) 06-05 for Palm Tree Trimming at various locations in the City of Palm Springs to Desert View Tree Service with a unit price basis of $21.00 per tree and a projected total cost of $62,097.00 for Fiscal Year 2006-07. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD MAY 1 THROUGH MAY 31, 2006: ACTION: Receive and file the Staff Authorized Agreements covering the period May 1 through May 31, 2006. Approved as part of the Consent Calendar. 2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21624, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING City Council Minutes June 21, 2006 Page 11 PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1013523 THROUGH 1013752 IN THE AGGREGATE AMOUNT OF $1,770,396.11 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21625, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 6-03-06 BY WARRANTS NUMBERED 410384 THROUGH 410438 TOTALING $78,142.62, LIABILITY CHECKS NUMBERED 1013753 THROUGH 1013782 TOTALING $129,002.31, THREE WIRE TRANSFERS FOR $53,566.03 AND THREE ELECTRONIC ACH DEBITS OF $897,756.19 IN THE AGGREGATE AMOUNT OF $1,158,467.15 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. REHABILITATE TAXIWAYS A, B, AND C - CITY PROJECT NO. CP 2006-09, AIP 3-06-0181-40: ACTION: 1) Adopt Minute Order No. 7876, Approving the bid documents for the construction of the Rehabilitate Taxiways A, B, and C, Runway 13L/31 R Safety Improvements, City Project No. 2006-09, AIP 3-06-0181-40, and the engineer's construction cost estimate of $5,320,000; and 2) Direct staff to proceed with the solicitation of bids. Approved as part of the Consent Calendar. 2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A5101 WITH PALM SPRINGS CLASSIC, LLC, FOR PLACEMENT AND REIMBURSEMENT OF PUBLIC ART: ACTION: 1) Adopt Minute Order No. 7877, Approving Amendment No. 2 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of three additional works of public art at the Escena Project; and 2) Authorize the City Manager to execute all necessary documents. A5101. Approved as part of the Consent Calendar. 2.C. 2006 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT: ACTION: Adopt Resolution No. 21626, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT A BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL REFORM ACT." Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A5252 WITH SPEER CIVIL FOR PROFESSIONAL ENGINEERING STAFF SERVICES TO ASSIST THE DEPARTMENT OF PUBLIC WORKS & ENGINEERING WITH DEVELOPMENT AND CAPITAL PROJECT WORKLOADS THROUGH NOVEMBER 30, 2006: ACTION: 1) Adopt Minute Order No. 7879, Approving Amendment No. 1 to Agreement No. A5252 with Speer Civil for professional engineering services to assist the Department of Public Works & Engineering with development and capital project workload through November 30, 2006, for an additional amount of $39,000, total contract amount not to exceed $74,000; and 2) Authorize the City City Council Minutes June 21, 2006 Page 12 Manager to execute all necessary documents. A5252. Approved as part of the Consent Calendar. 2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5289 FOR CONSULTANT SERVICES WITH AEOLIAN SOLUTIONS TO PROVIDE GRADING AND DUST INSPECTION SERVICES, TERMINATING ON SEPTEMBER 22, 2006 WITH THREE, FOUR-WEEK EXTENSION OPTIONS: ACTION: 1) Adopt Minute Order No. 7880, Approving Amendment No. 1 to Agreement No. A5289 with Aeolian Solutions for grading and dust inspection services through September 22, 2006, for an additional amount of $28,800, total contract amount not to exceed $38,400, with three four-week extension options at staffs discretion; and 2) Authorize the City Manager to execute all necessary documents. A5289. Approved as part of the Consent Calendar. 2.K. BATTING CAGES/CONCESSION LEASE AT DEMUTH PARK: ACTION: 1) Adopt Minute Order No. 7881, Authorizing the City Manager to negotiate a lease agreement with Palm Springs Batting Range, LLP for the operation of the batting cages and concession located at fields #7 and #8 in DeMuth Park; and 2) Authorize the City Manager to execute all necessary documents. A5305. Approved as part of the Consent Calendar. 2.L.. AUTHORIZE TRANSFER OF FUNDS FOR CONVENTION CENTER KITCHEN REMODEL TO CAPITAL IMPROVEMENT FUND: ACTION: Adopt Resolution No. 21627, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.M. FILING OF NUISANCE ABATEMENT PROCEEDINGS AND ACCOUNTING REPORTS FOR 12 PUBLIC NUISANCES: ACTION: 1) Receive and file the proceedings and accounting reports for the abatement of 12 public nuisances located throughout the City; and 2) Direct the City Clerk to set the public hearing for July 19, 2006. Approved as part of the Consent Calendar. 2.N. AMENDMENT NO. 3 OF AGREEMENT NO. A3469 WITH ARNOLD PALMER MANAGEMENT LLC, FOR GOLF COURSE MANAGEMENT SERVICES AT TAHQUITZ CREEK GOLF RESORT: ACTION: 1) Adopt Minute Order No. 7882, Approving Amendment No. 3 to Agreement No. A3469 with Arnold Palmer Management, LLC extending the term for a period of six months through December 31, 2006, with one, six-month extension. A3469. Approved as part of the Consent Calendar. City/ Council Minutes June 21, 2006 Page 13 EXCLUDED CONSENT CALENDAR: 2.H. INSURANCE RENEWALS FOR THE CITY'S AIRPORT LIABILITY, AERO SQUADRON AIRCRAFT, ALL-RISK PROPERTY, EARTHQUAKE/FLOOD (PRIMARY LEVEL), CRIME, BOILER & MACHINERY, EXCESS GENERAL LIABILITY, AND AUTO PHYSICAL DAMAGE (CALEASE) INSURANCE, AND EXCESS WORKERS' COMPENSATION: Councilmember Mills stated he feels the City is over-insured in earthquake and flood and recommended adjusting the insurance with respect to the quake/flood premium to the previous year's level. ACTION: Adopt Minute Order No. 7878, Approving the City of Palm Springs' insurance renewals for the City's airport liability, Aero Squadron aircraft, all-risk property, earthquake/flood (primary level), crime, boiler and machinery, general liability, and auto physical damage (CaLease) and excess workers' compensation renewal effective July 1, 2006. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: Councilmember Mills. ABSENT: Mayor Oden. 3. LEGISLATIVE: 3.A. AN INTERIM URGENCY ORDINANCE PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 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: City Attorney Holland provided background information as outlined in the staff report dated June 21, 2006. Councilmember Pougnet requested the City Attorney address the number of votes needed to adopt the Ordinance and commented on the proposed Ordinance as its relates to Senior Citizen parks. ACTION: 1) Waive reading of the Ordinance text and adopt by title only; and 2) Adopt Ordinance No. 1691, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS WITHIN THE CITY OF PALM City Council Minutes June 21, 2006 Page 14 SPRINGS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND USE REGULATIONS." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 4. UNFINISHED BUSINESS: 4.A. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD JULY 1, 2006, THROUGH DECEMBER 31, 2006, OR JUNE 30, 2007, FOR DOWNTOWN CITY-OWNED PARKING LOTS AND PARKING STRUCTURE: Tom Wilson, Assistant City Manager - Development Services, provided background information as outlined in the staff report dated June 21, 2006. Mayor Pro Tern Foat requested staff address the reduction in cost of parking enforcement based on less service. Councilmember Pougnet requested staff address the considerations, and commented on the fiscal impact. Councilmember Mills commented on parking problems in the downtown area and future impacts. Councilmember McCulloch requested staff evaluate some of the parking alternatives such as two-hour parking in certain locations. Mayor Pro Tem Foat commented on the book The High Cost of Free Parking and requested Planning take into consideration: parking for construction works during redevelopment, restricted parking from 3:00 AM to 5:00 AM and development of a shuttle service. ACTION: Adopt Resolution No. 21628, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING TIME LIMITS ON PARKING OF MOTOR VEHICLES ON CITY OWNED PARKING LOTS IN THE CITY BETWEEN JULY 1, 2006, AND JUNE 30, 2007." Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. City Council Minutes June 21, 2006 Page 15 5. NEW BUSINESS: 5.A. WASTEWATER SERVICES AGREEMENT WITH VEOLIA WATER NORTH AMERICA-WEST, LLC: Troy Butzlaff, Assistant City Manager - Administration, provided background information as outlined in the staff report dated June 21, 2006. Councilmember Pougnet provided the history of the contract over the last 18- months. Councilmember Mills commented on the lease extensions and the relationship with Veolia. Mayor Pro Tern Foat commented on the new and innovative components of the contract. ACTION: 1) Adopt a Minute Order No. 7883, Approving, in a form acceptable to the City Attorney, an Amended and Restated Wastewater Services Agreement with Veolia Water North America-West, LLC. (formerly US Filter Operating Services Incorporated) for the operations and maintenance of the City's Wastewater Treatment Plan and related collection system; and 2) Authorize the City Manager to execute all documents necessary to effectuate this action. Amendment No. 7 of Agreement No. A4123. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: None. ABSENT: Mayor Oden. 5.B. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO ADDRESS ACTIVITIES AT THE PALM SPRINGS AIR MUSEUM: ACTION: Appoint Mayor Pro Tern Foat and Mayor Oden to a City Council subcommittee to address activities at the Palm Springs Air Museum. Motion Councilmember McCulloch, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. City Council Minutes June 21, 2006 Page 16 5.C. APPOINT A MEMBER OF THE CITY COUNCIL TO THE RIVERSIDE COUNTY CHILD SAFETY COMMISSION: ACTION: Appoint Councilmember Pougnet to the Riverside County Child Safety Commission. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills requested staff research and address the ordinance limiting office use on the ground floor in the downtown area; requested the Planning Commission Meetings include attendance. Councilmember McCulloch commented on the Horizon Village rent issues. Mayor Pro Tom Foat requested staff update the Council on overlay zones, commented on a recent show at the Palm Springs Pavilion, and requested the meeting be adjourned in memory of Jack Oberle and Albert Lee Bousquet. ADJOURNMENT: The City Council adjourned, in memory of Jack Oberle and Albert Lee Bousquette, at 11:04 P.M. to a Study Session, Wednesday, June 28, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5TH DAY OF JULY, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, JUNE 7, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Mayor Oden requested a moment of silent reflection. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson, City Treasurer Graves. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated that staff requests Legislative Item 4.A. be heard concurrently with Public Hearing Item 1.13. City Clerk Thompson stated that staff requests Consent Calendar Item 2.0 be heard concurrently with Public Hearing Item 1.C. and as a Joint Public Hearing of the City Council .and the Community Redevelopment Agency Item RA2. Mayor Pro Tem Foat requested Item 2.P. be removed from the Consent Calendar for separate discussion. Councilmember McCulloch noted his business related abstention on Consent Calendar Itern 2.C., Warrant No. 103310; and requested Item 2.D. be removed from the Consent Calendar for separate vote. Councilmember Mills requested Items 2.H. and 2.N. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. City Council Minutes June 7, 2006 Page 2 PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Jeff Hunter, Executive Director, California Tow Truck Association, for their community service by providing assistance to individuals hit hardest by Hurricane Katrina. The Office of Neighborhood Involvement Committee presented the City Council the New Resident Information Packets. 1. PUBLIC HEARINGS: 1.A. SMOKETREE COMMONS, CASE 5.1050, GENERAL PLAN SMOKE TREE AREA PLAN TEXT CHANGE, GENERAL PLAN CIRCULATION MAP STREET RECLASSIFICATION, AND PLANNED DEVELOPMENT DISTRICT-312, ACCOMMODATING A 170,265-SQUARE FOOT SHOPPING CENTER WITH FOURTEEN BUILDINGS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 7, 2006. City Attorney Holland provided the City Council with a revised Resolution for consideration by the City Council. Mayor Oden opened the public hearing and the following speakers addressed the City Council. JEFF CHAMBERS, Representing Applicant, stated he was available for questions. MICHAEL LEBERMAN, Representing Applicant, provided background information with respect to the development. CHRIS ELLIOTT, Representing Applicant, provided the City Council with an update on the proposed tenants. EMERSON SCHARTZKOPT, Palm Springs, stated the homeowners association is not opposed to the project, but they are opposed to the extension of La Reina Way. JOHN MORRIS, Palm Springs, President of Garden Villas, stated he is opposed to the site plan, and recommended the City Council follow the recommendation of the Planning Commission. LYNDA KERNEY, Palm Springs, stated she is in favor of the project, but opposed to the third traffic signal and requested the main entrance on Farrell. City Council Minutes June 7, 2006 Page 3 JOY MEREDITH, Palm Springs, spoke in support of the project. No further speakers coming forward, the public hearing was closed. Mayor Oden requested staff address the noticing process. Councilmember McCulloch requested staff respond to the extension of the roadway. Councilmember McCulloch requested staff address the discussion of architecture and the site plan at the Planning Commission and Architectural Advisory Committee meetings. Councilmember Mills noted the sequential numbering on page 3 of the Conditions of approval, noted Condition No. 11 does not apply to this project and the condition should be deleted from the Conditions; and Condition No. 15 does not pertain to commercial properties and should be deleted in the conditions. Councilmember Mills commented on and requested staff address several components of the site plan and proposed several alternatives. Mayor Pro Tern Foat commented on several elements of the project, and noted her concerns with excessive traffic lights; requested staff address components of the site plan. Councilmember Pougnet commented on the mix of retailers, noted his agreement with previous comments made by the City Council with respect to the site plan, requested the City Council have final approval of the architecture, stated his support for the elimination of Frontage Road, requested the Applicant address the specialty store and suggestions made by the City Council. Mayor Pro Tern Foat requested staff address the proposed delivery route and the potential disturbance caused to the condos on Baron. Mayor Oden commented on the grouping of certain stores in the retail center, stated his agreement with Councilmember McCulloch regarding the traffic signal and his agreement with Councilmember Pougnet on the Frontage Road, commented on the setbacks, and stated he would request the City Council have the final approval on the architectural review. Councilmember Mills commented on the planning and development of retention basins, and stated that the City Council is only approving one drive-thru restaurant. City Council Minutes June 7, 2006 Page 4 ACTION: 1) Adopt Resolution No. 21609, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR CASE 5.1050 PD-312 IS ADEQUATE AND COMPLETE, CERTIFYING THAT REPORT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AMENDING THE GENERAL PLAN TEXT TO ALLOW A SPECIALTY MARKET WITHIN THE SMOKE TREE AREA PLAN; AMENDING THE GENERAL PLAN CIRCULATION MAP TO RECLASSIFY THE SECTION OF EAST PALM CANYON DRIVE ADJACENT TO THE PROJECT SITE AS A "MAJOR THOROUGHFARE" IN ORDER TO FACILITATE THE ELIMINATION OF THE FRONTAGE ROAD, AND ADOPTING PLANNED DEVELOPMENT DISTRICT 312, APPROVING THE SITE DEVELOPMENT PLAN, ON AN APPROXIMATE 17.99-ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND FARRELL DRIVE, ZONE C-S-C, SECTION 36" as amended by correctly numbering the Conditions of Approval, deleting Condition No. 11 with respect to the Section 14 Specific Plan and deleting Condition No. 15 regarding the Public Safety CFD; and 2) Refer the conceptual architectural design to the Architectural Advisory Committee and the Planning Commission for review and action, with the City Council to have approval of the Preliminary Architectural Plan. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 1.B. APPLICATION BY VIA ESCUELA LAND PARTNERS, LLC, CASE 5.10388, TO APPEAL PLANNING COMMISSION ACTION OF MAY 24, 2006, DENYING THE REQUEST TO AMEND TENTATIVE TRACT MAP 33542 AND PD-310 TO REMOVE CONDITION OF APPROVAL NO. 51, LOCATED AT THE SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON DRIVE, ZONE PD-310, SECTION 3, APN 504-310-035: The City Council heard Items I.B. and 4.A. concurrently. Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 7, 2005. Mayor Oden requested staff address State Route 111 in this area, and the role of Sunline in the determination of the proposed bus stop. Councilmember McCulloch requested staff address if the small turn-out is not approved by Cal-Trans. Councilmember Pougnet requested staff address the parking shoulder area, before the encroachment on State Route 111. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. City Council Minutes June 7, 2006 Page 5 ERIC GUINEAN, Representing Applicant, commented on the best solution, however, Cal-Trans must approve that solution, stated this hearing is applicable and needed if Cal-Trans does not approve that solution. MARK MCNALLY Applicant, commented on the Cal-Trans feedback to "popping out" the curb. No further speakers coming forward the public hearing was closed. Mayor Pro Tern Foat stated her support for the project as outlined in the letter submitted by Eric Guinean and recommended we allow for the 4 foot turn-out or remove Condition No. 51. Councilmember Mills requested staff address the requirement for Cal-Trans approval and if Cal-Trans has imposed a condition if the curb stays as-is; commented on the loss of four Palm Trees at the entry to the City, and requested staff address if a possible center left-turn lane would ever have to be installed. Councilmember Pougnet commented on the decision of staff, and stated his support for the Applicants request and would support the elimination of Condition No. 51. Councilmember McCulloch requested staff address eliminating Condition No. 51 as opposed to the alternate solution; commented on the removal of Palm Trees. Mayor Oden commented on the removal of Palm Trees and the effects of this stop on the Riviera Hotel. Councilmember Mills commented on elimination of the turn-out, but not the bus shelter and requested Condition 51 be amended but included. ACTION: 1) Grant the Appeal of Via Escuela Land Partners, LLC, Case No. TTM33542, PD-310, APN 504-310-035 amending Condition No. 51 of Exhibit A to Resolution No. 21387 to read "Prior to issuance of occupancy permits, the applicant shall install a bus shelter along the project's North Palm Canyon right-of way at a location to be determined by the City Engineer and in compliance with State and Federal accessibility requirements. The design of the shelter shall complement the project architecture and shall be reviewed by the Director of Planning Services prior to installation." and 2) Adopt Resolution No. 21610 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33542 FOR PROPERTY LOCATED AT 2003 NORTH PALM CANYON DRIVE, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA ESCUELA LAND PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY;' and 3) Authorize the City Manager to execute City Council Minutes June 7, 2006 Page 6 all necessary documents. A5291. Motion Councilmember McCulloch, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. The! City Council recessed at 8:12 P.M. The: City Council reconvened at 8:24 P.M. The City Council convened as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency at 8:24 P.M. 1I.C. ADOPTION OF CITY OF PALM SPRINGS FISCAL YEAR 2006-07 BUDGET AND COMMUNITY REDEVELOPMENT AGENCY BUDGET: The City Council heard Items 1.C., RA2., and 2.0. concurrently. City Manager Ready provided background information as outlined in the Budget documents. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. Mayor Pro Tem Feat requested the City Manager address the funding for the Tahquitz Canyon Wash improvements. Councilmember Pougnet provided information on the TOT pilot project and enforcement of the TOT requirements in the City. Mayor Oden commented on the TOT pilot project and commented on grant opportunities. Councilmember McCulloch commented on employee costs, historical overview and fund balance. Councilmember Mills requested staff address the reserve on a percentage basis, library services, and commented on the desert landscape conversion for Tahquitz and modifications to City Hall. Mayor Pro Tern Foat commented on the focus of the City Council toward the income side of the budget. Councilmember Pougnet commented on the revenues and the revitalization of the Downtown area. Councilmember McCulloch requested the motion and the vote between the City, Agency and Allocated Positions be separated. City Council Minutes June 7, 2006 Page 7 Mayor Oden commented on the focus on revenue side of the budget process. ACTION: 1) Adopt Resolution No. 21611, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR THE FISCAL YEAR 2006-07;" and 2) Direct the City Manager and Director of Finance and Treasurer to take the necessary action to execute the adoption of the budget. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and carried 4-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. ACTION: Adopt Resolution No. 21612, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2006-07." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. RA1. AMENDMENT NO. 1 TO AGREEMENT NO. A0495C, WITH VISTA SUNRISE APARTMENTS, LP, RESTATED AND AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT TO APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $200,000: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 7, 2006. Mayor Pro Tern Foat requested staff address the participation of the investor, and any contingency fund. Councilmember Mills requested staff address the timing of the original construction bid. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 21613, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1, A RESTATED AND AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT, PROMISSORY NOTE, AND DEED OF TRUST WITH THE ASSIGNMENT OF RENTS WITH VISTA SUNRISE APARTMENTS, LP TO APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $200,000;" and 2) Authorize the City Manager to execute all necessary documents. A0495C. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. City Council Minutes June: 7, 2006 Page 8 RA2. PUBLIC HEARING - ADOPTION OF FISCAL YEAR 2006-07 BUDGET: Heard concurrently with Public Hearing Item I.C. The City of Palm Springs Community Redevelopment Agency adjourned at 9:10 P.M. and the City Council continued. PUBLIC COMMENT: MIC:HAEL BOWLING, Palm Springs, commented on crime in his neighborhood, and requested an increase in funding for the Police Department. DR. WAYNE MCKINNY, commented on Consent Calendar Item 2.H. and requested the City Council support the extended hours at the Cooling Center. JOY MEREDITH, Palm Springs, commented on Item 5.E. and requested the City Council overrule the decision of the VillageFest Board. BOB HELBLING, Palm Springs, commented on the Joint Meeting of the City Council, Planning Commission and the Architectural Advisory Committee and in support of future meetings. SARA MUNRO, Josha Tree, commented on Item 5.E. and requested the City Council overrule the VillageFest Board. CRAIG BLAU, Palm Springs, commented on the current initiative being circulated regarding height limitations. Councilmember McCulloch stated he had to leave the meeting early and left the meeting at 9:29 P.M. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.1., 2.J., 2.K., 2.L., 2.M., 2.Q., and 2.R. Motion Mayor Pro Tem Foat, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. City Council Minutes June 7, 2006 Page 9 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the June 7, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.1B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of May 17, 2006, May 24, 2006, and May 31, 2006. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21614, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-6-06 BY WARRANTS NUMBERED 410275 THROUGH 410328 TOTALING $72,315.26, LIABILITY CHECKS NUMBERED 1012893 THROUGH 1013192 TOTALING $126,898.33, THREE WIRE TRANSFERS FOR $55,616.57 AND THREE ELECTRONIC ACH DEBITS OF $897,694.72 IN THE AGGREGATE AMOUNT OF $1,152,524.88 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21615, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1013193 THROUGH 1013492 IN THE AGGREGATE AMOUNT OF $2,680,964.72 DRAWN ON BANK OF AMERICA" noting the abstention of Councilmember McCulloch on Warrant No. 103310 and 3) Adopt Resolution No. 21616, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-20-06 BY WARRANTS NUMBERED 410329 THROUGH 410383 TOTALING $68,482.84, LIABILITY CHECKS NUMBERED 1013493 THROUGH 1013522 TOTALING $127,354.38, THREE WIRE TRANSFERS FOR $54,934.49 AND THREE ELECTRONIC ACH DEBITS OF $837,999.49 IN THE AGGREGATE AMOUNT OF $1,088,771.20 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E:. APPROVAL OF A NOTICE OF SUBDIVISION COMPLETION BETWEEN THE CITY OF PALM SPRINGS AND AMERICAN REALTY TRUST, INC., FOR PARCEL MAP 30745, DESTINATION RAMON: ACTION: 1) Adopt Minute Order No. 7863, Approving Notice of Subdivision Completion for Parcel Map 30745, Section 20, Township 4 South, Range 5 East with American Realty Trust, Inc.; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct the City Clerk to record the Agreement with the Riverside County Recorder. Approved as part of the Consent Calendar. 2.F. TREASURER'S INVESTMENT REPORT AS OF APRIL 30, 2006: ACTION: Receive and File Treasurer's Investment Report as of April 30, 2006 Approved as part of the Consent Calendar. City Council Minutes June 7, 2006 Page 10 2.G. ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL WINE AT FAME TOBACCONIST LOCATED AT 155 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15: ACTION: Adopt Resolution No. 21617, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL WINE AT FAME TABACCONIST LOCATED AT 155 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." Approved as part of the Consent Calendar. 2.1. PROPOSED AGREEMENTS AWARD TO FIVE FULL-SERVICE AIRPORT RENTAL CAR OPERATORS (AVIS RENT A CAR SYSTEM, LLC, BUDGET RENT A CAR SYSTEM, INC., DTG OPERATIONS, INC., THE HERTZ CORPORATION, VANGUARD CAR RENTAL USA INC., AND TO ONE LIMITED SERVICE AIRPORT RENTAL CAR OPERATOR ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES) TO OPERATE AIRPORT RENTAL CAR CONCESSIONS: ACTION: 1) Approve Minute Order No. 7864, Authorizing five, full-service airport rental car concession agreements to Avis Rent A Car System, LLC, Budget Rent A Car System, Inc., DTG Operations, Inc. (Dollar/Thrifty), The Hertz Corporation, and Vanguard Car Rental USA Inc. (National/Alamo), and one limited service airport rental car concession agreement to Enterprise Rent-A-Car Company of Los Angeles for a term of three years and two one-year optional periods at the discretion of the City; and 2) Authorize the City Manager to execute all necessary documents. A5292, A5293, A5294, A5295, A5296 and A5302. Approved as part of the Consent Calendar. 2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5033 WITH SIERRA AVIATION GROUP, INC: ACTION: 1) Approve Minute Order No. 7865, Approving Amendment No. 1 to Agreement No. A5033 with Sierra Aviation Group, Inc., Non-Exclusive Operating and Lease Agreement effective February 1, 2006 and valid until January 31, 2008, to delete the wheelchair storage space from the agreement; and 2) Authorized the City Manager to execute all necessary documents. A5033. Approved as part of the Consent Calendar. 2.N:. DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION: ACTION: 1) Adopt Resolution No. 21618, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS);" and 2) Authorize the City Manager to execute all necessary documents. A5297. Approved as part of the Consent Calendar. City Council Minutes June 7, 2006 Page 11 21. CONTRACT SERVICES AGREEMENT WITH CONTRERAS CONSTRUCTION COMPANY FOR FIRE STATION NO. 1, PARKING LOT RESURFACING: ACTION: Adopt Minute Order No. 7866, Approving an agreement with Contreras Construction for the construction of whitetopping concrete application resurfacing for the parking lot at Fire Station No. 1, in the amount of $38,760, City Project No. 06-10; and 2) Authorize the City Manager to execute all necessary documents. A5298. Approved as part of the Consent Calendar. 2.M. ACCEPTANCE OF RIGHT-OF-WAY FOR SOUTH PALM CANYON DRIVE FROM NATBECK INVESTMENTS, SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-05-15: ACTION: 1) Adopt Minute Order No. 7867, Accepting a dedication of Right-of- Way for South Palm Canyon Drive from Natbeck Investments, Section 34, Township 4 South, Range 4 East; and 2) Authorize the City Clerk to prepare a Certificate of Acceptance, and submit the Grant of Right-of-Way to the Riverside County Recorder for recordation. Approved as part of the Consent Calendar. 2.0. ALLOCATED POSITIONS AND COMPENSATION PLAN FOR POSITIONS IN THE CITY SERVICE FOR FISCAL YEAR 2006-07: ACTION: Item heard concurrently with Public Hearing Item I.C. Approved as part of the Consent Calendar. 2.0. PURCHASE CYRUN CAD AND RMS COMPUTER SYSTEM: ACTION: 1) Adopt Minute Order No. 7870, Authorizing the City Procurement Department to purchase the Cyrun's Alliance PD Central CAD and RMS software system in the amount of $298,730; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.R. AGREEMENT WITH MSA CONSULTING, INC. FOR "FOCUSED ENTITLEMENT" PLANNING SERVICES FOR THE PALM SPRINGS ART COLONY, A PROPOSED MIXED-USE RESIDENTIAL AND RETAIL DEVELOPMENT ON APPROXIMATELY 15 ACRES ON THE SOUTH SIDE OF RACQUET CLUB ROAD BETWEEN NORTH PALM CANYON DRIVE AND NORTH INDIAN CANYON DRIVE, CASE 5.1113 PD-329/3.2903: ACTION: 1) Adopt Minute Order No. 7871, Approving an agreement with MSA Consulting, Inc. for "Focused Entitlement and EIR" planning services for Palm Springs Art Colony, a proposed mixed-use residential and retail development on approximately 15 acres on the south side of Racquet Club Road between North Palm Canyon Drive and North Indian Canyon Drive, not to exceed $39,000; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5301. Approved as part of the Consent Calendar. City Council Minutes June 7, 2006 Page 12 EXCLUDED CONSENT CALENDAR: 2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1690, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1: ACTION: Waive further reading and adopt Ordinance No. 1690, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 1." Motion Mayor Pro Tem Foat, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oder. NOES: None. ABSENT: Councilmember McCulloch. 2.H. TEMPORARY MODIFICATIONS TO OPERATE A COOLING CENTER IN CONJUNCTION WITH RIVERSIDE COUNTY'S SUMMER CRISIS PLAN TO BE HOSTED BY THE WELL IN THE DESERT, DBA THE DESERT RESOURCE CENTER: Councilmember Mills requested staff provide information on the other Cooling Centers in the City, and the close proximity of Cooling Centers. Mayor Pro Tem Foat indicated the Sub-Committee is not addressing the services at the Frey Building. Mayor Oden asked the sub-committee members if this action is congruent with the overall direction of sub-committee reviewing Homeless issues. ACTION: Direct the City Manager to modify the days and hours of operation, on an as-needed basis, at the Dr. R.G. Frey-Jaycees Community Building for the designated Cooling Center operated by The Well in the Desert, dba the Desert Resource Center. Motion Councilmember Pougnet, seconded by Mayor Pro Tem Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oder. NOES: None. ABSENT: Councilmember McCulloch. City Council Minutes June 7, 2006 Page 13 2.N. CONTRACTS FOR LANDSCAPE MAINTENANCE SERVICES FOR PARKS, PARKWAYS, ASSESSMENT DISTRICTS AND MISCELLANEOUS LANDSCAPED AREAS: Councilmember Mills requested staff address the provisions of the new contract with respect to park maintenance. ACTION: 1) Adopt Minute Order No. 7868, Approving an agreement with Kirkpatrick Landscape Services for parks landscape maintenance services for an initial term of three years, with two additional two-year renewal options at the City Manager's discretion, in the amount of $1,756,350.15, plus annual CPI adjustments, if earned, for the initial term, and subject to approval of final form of contract by the City Attorney; 2) Adopt Minute Order No. 7869, Approving an agreement with Merchants Landscape Services for parkways and assessment district landscape maintenance services for an initial term of three years, with two additional two-year renewal options at the City Manager's discretion, in the amount of $1,721,184.00, plus annual CPI adjustments, if earned, for the initial term, and subject to approval of final form of contract by the City Attorney; and 3) Authorize the City Manager to prepare and execute contractual agreements with Kirkpatrick Landscape Services for landscape maintenance of City parks and Merchants Landscape Services for landscape maintenance of City parkways, assessment districts and miscellaneous landscape areas. A5299. A5300. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. 2.13. APPROVE RFP FOR ROTATIONAL TOW PROGRAM: Mayor Pro Tem Foat wanted to verify that the RFP included a provision for customer service and other types of training. ACTION: Adopt Resolution No. 21619, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING A REQUEST FOR PROPOSALS FOR POLICE TOW SERVICES AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR PROPOSALS." Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. City Council Minutes June 7, 2006 Page 14 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. FINAL MAP 33542 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA ESCUELA LAND PARTNERS, LLC, FOR A ONE LOT TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT 2003 NORTH PALM CANYON DRIVE, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST: Item heard concurrently with Public Hearing Item 1.13. 5. NEW BUSINESS: 5.A. APPOINTMENT OF COUNCILMEMBER TO THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS PROJECT, PROJECT TEAM: ACTION: Appoint Councilmember Mills to serve on the "Project Team" for the Gene Autry Trail Gateway Landscaping Improvements Project. Motion Mayor Pro Tern Foat, seconded by Mayor Oden and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. 5.B. ISSUANCE OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) CITY OF PALM SPRINGS SPECIAL TAX BONDS, 2006 SERIES A, IN AN AMOUNT NOT TO EXCEED $15,000,000: Craig Graves, Director of Finance, provided background information as outlined in the staff report dated June 7, 2006. ACTION: 1) Adopt Resolution No. 21620, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS, AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS, 2006 SERIES A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000; AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;" and 2) Authorize the City Manager and Director of Finance to execute all necessary documents. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. City Council Minutes June 7, 2006 Page 15 5.C. REQUEST FROM SAFEHOUSE OF THE DESERT FOR WAIVER OF VILLAGEFEST FEES: The City Council heard Items 5.C. and 5.D. concurrently. Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated June 7, 2006. Mayor Pro Tem Foat requested staff address if the other non-profit organizations are paying fees. Councilmember Pougnet commented on the policy issue of waiving fees. Councilmember Mills requested staff address the current fee for non-profit organizations. Mayor Oden requested staff address the fee to the Shriners. ACTION: Adopt Minute Order No. 7872, Denying the request for waiver of VillageFest fees for the SafeHouse of the Desert. Motion Mayor Pro Tem Foat, seconded by Councilmember Pougnet and carried 3-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: Mayor Oden. ABSENT: Councilmember McCulloch. S.D. REQUEST FROM THE PALM SPRINGS SHRINERS FOR WAIVER OF VILLAGEFEST FEES: ACTION: Adopt Minute Order No. 7873, Denying the request for waiver of VillageFest fees for the Palm Springs Shriners. Motion Mayor Pro Tem Foat, seconded by Councilmember Pougnet and carried 3-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: Mayor Oden. ABSENT: Councilmember McCulloch. 5.E:. REQUEST FROM SARA MUNRO TO APPEAL THE DECISION OF THE VILLAGEFEST BOARD: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated June 7, 2006. Mayor Oden commented on the performances of Sara Munro and the provisions of entertainers at VillageFest. City Council Minutes June 7, 2006 Paige 16 ACTION: Adopt Minute Order No. 7874, Granting the Appeal of Sara Munro and overruling the decision of the VillageFest Board to deny the application of Sara Munro to sell hula hoops at VillageFest. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried, noting the absence of Councilmember McCulloch. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet commented on overlay zones, the materials provided by Bob Helbling and requested a study session on overlay zones, commented on a letter with respect to outlets needed for electric vehicles, and the current initiative with respect to height limits. Mayor Oden requested the Council subcommittee address the requirements of the Downtown Guidelines. Mayor Pro Tern Foat commented on the activities at the Air Museum and requested the City Council form a subcommittee to address activities at the Air Museum, requested an update on women and minority own businesses ordinance, requested a legal management letter with respect to the OPA on the Wessman Hotel and the Shadowrock project. Councilmember Mills requested the City Attorney review the ordinance that currently requires the Planning Commission to review OPA and DDA extensions and requested staff review the planning and installation of public toilets in the Downtown area and perhaps including in developers Conditions of Approval. Mayor Oden outlined the activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 10:21 P.M. to the next Regular Meeting, Wednesday, June 21, 2006, at 6:00 P.M., City Hall Large Conference Room, preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs. City Council Minutes June 7, 2006 Page 17 APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF JULY, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL SPECIAL MEETING AND STUDY SESSION MINUTES WEDNESDAY, JUNE 28, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern Foat called the Study Session and Special Meeting to order at 6:09 P.M. PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. ABSENT: Mayor Oden. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern Foat requested the City Council take Item 3.A. out of order and consider Item 3.A. prior to the Study Session. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. PRESENTATIONS: None. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 3. LEGISLATIVE: 3.A. INTERIM URGENCY ORDINANCE PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER SUBJECT TO A CONDITIONAL USE PERMIT, FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL City Council Minutes June 28, 2006 Page 2 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: JIM STUART, Palm Springs, provided background information and requested the City Council support the Urgency Ordinance. WILSON HONG, commented on the rent increase at the Horizon Village Mobile Home Park. City Attorney Holland provided background information as outlined in the staff report dated June 28, 2006. Councilmember Mills requested the City Attorney comment on the effective date of the ordinance and requested staff address the ordinance in relation to the business license process. Councilmember Pougnet commented on the need for the urgency ordinance and the effect to the Downtown corridor. Councilmember McCulloch commented on the effects of this type of business in the downtown area. Councilmember Mills requested staff define the boundaries of the historic business district and commented on the prepared staff report. Mayor Pro Tern Foat requested staff address the effects on business in the district that may be in the process of opening. ACTION: 1) Waive reading of the Ordinance text and adopt by title only; and 2) Adopt Ordinance No. 1692, "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." Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. City Council Minutes June 28, 2006 Page 3 The City Council Special Meeting was adjourned at 6:33 P.M., and the City Council continued with the Study Session. PUBLIC COMMENT: INEZ CARDOZO-FREEMAN, Palm Springs, commented on the current programs at Well in the Desert, and spoke in support of a permanent solution to provide assistance to the homeless. JASON BRUECKS, Palm Springs, expressed concerns with the current location of the homeless society near businesses, schools, the library, and community activity centers. JOSETTE MCNARY, Palm Springs, commented on the effects of the current homeless location near the Palm Springs Library, and requested the City Council not renew the lease at the Frey Building. WAYNE MCKINNY, provided background information on the services to the homeless and stated the Well in the Desert was given no opportunity in the site selection of a Homeless Resource Center, and spoke in opposition of the proposed location near the Interstate 10. JULIE WARREN, Palm Springs, commented on the conditions at the Palm Springs Library due to the services provided to the homeless, and requested the City not renew the lease on the Frey Building. WILSON, MCNARY, Palm Springs, commented on the damage to the community due to the homeless population, and requested the City Council not renew the lease at the Frey Building. WALLACE BROWN, Palm Springs, stated the proposed location near Interstate 10 would not be used, and requested the City Council consider other locations near the Airport or the Dog Park. ARLENE ROSENTHAL, stated concerns with respect to the proposed site near Interstate 10, and stated the Well in the Desert wants to work with the Community to solve the issues and meet the social service needs of the poor. NANCY VALDIVIA, stated her concerns with the homeless at the Palm Springs Library and the safety of city employees at the library, and requested the City Council not renew the lease at the Frey building. BOB HUNT, Palm Springs, stated we need solutions for the homeless for today, the present and the future, stated the airport location would be more appropriate than the Interstate 10 location. City Council Minutes June 28, 2006 Page A KEITH KNAUS, Palm Springs, stated the Interstate 10 site is appropriate for a Homeless Resource Center. BATIYA KUGLER, commented on the patrons of the Well in the Desert and the services provided. AIMEE SALZMANN, Palm Springs, commented on homeless issues in the Sunrise Area and the Leisure Center and requested the City Council not renew the lease at the Frey Building. SHELLY SAUNDERS, Palm Springs, requested the City Council place the Homeless Resource Center at the Interstate 10 site, and requested the City Council not renew the lease of the Frey Building. PAULA AUBURN, Palm Springs, stated her support for the placement of a Homeless Resource Center at the Interstate 10 location. MATT BOUSQUETTE, commented on impacts of the homeless at Sunrise Park and the Palm Springs Library, and stated the current homeless facility is in the wrong place. ED DIETRICH, commented on the history of the homeless and stated we need a long- term solution, recommended the Interstate 10 location. MILT LEVINSON, Palm Springs, commented on the problems at the Library and Sunrise Park due to the homeless population, and requested the City Council not renew the lease at the Frey Building. VIC GAINER, Palm Springs, commented on the clients of Well of the Desert and the services offered. SLY ZELNYS, stated the Resource Center does need to be relocated as soon as an alternative site is selected, stated the Interstate 10 location is not the best choice. DARYL JAMES, Palm Springs, stated the Well in the Desert does need to be relocated and commented on the services provided to homeless veterans, and recommended the Interstate 10 site. ANDREW STARKE, stated the current facility is not suitable for a Homeless Resource Center and the facility needs to move, requested the City Council not renew the lease at the Frey Building. JIM STUART, Palm Springs, commented on parolees' use of the homeless shelters and requested the Well in the Desert provide security. RON WILLISON, stated the Well in the Desert is a bad situation and in the wrong location, and stated the lease should not be renewed at the Frey Building. City Council Minutes June 28, 2006 Page 5 ELIZABETH FAUSTO, commented on the police presence and actions in Sunrise Park and that the Well in the Desert contacts the Police Department for homeless issues that do not involve clients of Well in the Desert. LISA KENNEDY, Palm Springs, commented on Homeless issues, the Frey Building and the Senior Center, and requested the City Council not renew the lease at the Frey Building. MARC PARKER, commented on different types of homeless and the reactions of the Police Department. ROMEO BERGERON, Palm Springs, commented on the history of the homeless population. GAYLE HODGES, Palm Springs, stated the people in the community causing the problems are not the Well in the Desert clients. ALFRED KOWALSKI, commented on the homeless issues. JUAN FRASCO, commented on the services provided by the Well in the Desert. The: City Council recessed at 7:56 P.M. The City Council reconvened at 8:05 P.M. 1. STUDY SESSION: I.A. HOMELESS RESOURCE CENTER - POTENTIAL SITES AND PROGRAMS: Mayor Pro Tem Foat provided the history of the Homeless Task Force and the Homeless and Economically Disadvantaged Blue Ribbon Committee. City Manager Ready provided background information on the current site at the Frey Building, provided information on possible sites for a Resource Center. COuncilmember Pougnet thanked the Task Force, provided background information on the Blue Ribbon Committee and the needs of the homeless and the economically disadvantaged, and requested City Council input on providing a Desert Resource Center. Mayor Pro Tern Foat commented on the cooperation between the Cities and Riverside County to provide services to the homeless and economically disadvantaged. Councilmember McCulloch commented on current situations at Sunrise Park and the Well in the Desert, the Interstate 10 location, "magnet center" concept to a Homeless Program, and stated his support for a regional solution at the Interstate 10 location. City Council Minutes June 28, 2006 Page 6 Councilmember Mills commented on the proposed sites, and stated his support for the Interstate 10 site as a regional site along with a satellite site near where the clients are looted, commented on the temporary nature of the proposed location and stated we need to deal with the problems at Sunrise Park. Councilmember Pougnet commented on concerns with the property owners near the Interstate 10 site and transportation issues at the site. Mayor Pro Tern Foat commented on the collaborative efforts and stated the City would not be providing services, benefits of having partners and requested clarification on the concept of an interim site. City Manager Ready provided background information with regard to the offer from Burrtec to lease the site on a temporary basis. Councilmember Mills commented on the temporary nature of the site, and participation from CVAG as well. Mayor Pro TernFoat commented on the activities of CVAG with respect to the homeless issues. Councilmember Pougnet requested the City Council Subcommittee meet with Supervisor Wilson and get a plan quickly. City Manager Ready commented on the role of staff and requested direction from the City Council with respect to the Frey Building lease and activities in Sunrise Park, the Library, Mizell Senior Center and the Baseball Stadium. Gary Jeandron, Police Chief, commented on the rights of the homeless and outlined the activities of the Police Department. Councilmember McCulloch requested information on the status of the Blue Ribbon Committee. Councilmember Pougnet outlined the Tasks of the Blue Ribbon Committee such as site, programs, and on-going funding, and participation of the Neighborhood Organizations for short-term feeding centers. Councilmember Mills requested the Police Chief address the concerns and the number of complaints in-and-around the park, enforcement, and the impacts to the surrounding facilities. Councilmember Pougnet requested the City Manager address the impacts to the surrounding facilities and specifics with the Well in the Desert license agreement. City Manager Ready outlined the tools he intends to implement to safeguard the surrounding areas and facilities, and some specifics of the license agreement. City Council Minutes June 28, 2006 Page 7 Mayor Pro Tern Foat requested the City Manager work with the library staff to address the parking needs of employees, and a process for looking at other temporary sites. Councilmember Mills requested the Director of Library Services address the activities and enforcement at the Library, the City Manager review the direction he has received with respect to the lease at the Frey Building, and a daily monitoring system and reporting back-to the City Council if the Frey Building license agreement is extended. ACTION: Direct the City Manager to proceed with the placement of a Homeless Resource Center at the Interstate 10 site; 2) Direct the Homeless and Economically Disadvantaged Blue Ribbon Committee to report on costs, programs and partnerships with other agencies; 3) Direct the City Manager to return to the City Council with a day- to-day license agreement for Well in the Desert for the use of the Frey Building along with a monitoring and reporting program; and 4) Direct the City Manager to initiate programs and policies to alleviate the current homeless issues in Sunrise Park and adjoining facilities. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet commented on the July 4th celebration and thanked the Committee. Councilmember Mills requested staff return Case No. 5.1056 PD314 Mesquite Village to the City Council for review. Mayor Pro Tern Foat announced Free Taxi Cab program on July 4th, the 4th of July Celebration and Palm Springs Power Baseball, and requested the City Manager investigate another staff person for the City Council. ADJOURNMENT: The City Council adjourned at 9:27 P.M. to the Regular Meeting, Wednesday, July 5, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5Te DAY' OF JULY, 2006. MAYOR ATTEST: City Clerk