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HomeMy WebLinkAbout2011-07-20 CC MINUTES CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA MIMtMplt M �11lp{M� MEETING MINUTES WEDNESDAY, JULY 20, 2011 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Weigel led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pro Tern Weigel provided an update on the recent tribute to Betty Ford, and announced the City of Palm Springs Help for Homeless campaign. Police Chief Franz announced the upcoming Mizell Senior Center bowling event with the Palm Springs Police Department. Councilmember Foat presented a check from the Friends of the Palm Springs Animal Shelter, and announced the reduction in fees to adopt animals at the Palm Springs Animal Shelter. Mayor Pougnet announced WestJet expands flights from the Palm Springs International Airport to Winnipeg. REPORT OF CLOSED SESSION: The meeting was called to order at 4:00 p.m., and the following speaker addressed the City Council on items contained on the posted Closed Session Agenda. WILLIAM HOUCK Lamar Advertising, commented on the real property negotiations with Lamar Advertising. City Attorney Holland stated the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. City Council Minutes July 20, 2011 Page 2 ACCEPTANCE OF THE AGENDA: Councilmember Mills noted his abstention on Item 2.C. Warrant No. 1049882, his business related abstention on Consent Calendar Item 2.G., and requested Items 2.J. and 2.0. be removed from the Consent Calendar for separate discussion. Councilmember Foat and Mayor Pougnet requested Item 21. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 5.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 20, 2011. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. ANGELO SERIO, Applicant, stated he met with the police regarding the security plan, and is working on accomplishing all of the requirements contained in the Conditional Use Permit, and requested the City Council approve the CUP. SHAUNA HOLMES, commented on the events at Space 120 and stated the altercations in the area are not necessarily as a result of Space 120. No further speakers coming forward, the public hearing was closed. Councilmember Foat request the Police Chief address issues on the proposed security plan, stated she would like more than one-member of the management staff attend the ABC training, and requested staff address the qualifications of the security staff. Councilmember Hutcheson commented on the number of police calls responding to incidents inside the location. Councilmember Mills requested licensed security is included in the approved security plan, and requested staff address the deletion of Condition No. 2. City Council Minutes July 20, 2011 Page 3 Mayor Pro Tern Weigel requested staff address on-site enforcement, and requested the plan shall be implemented and maintained as part of the CUP. ACTION: Adopt Resolution No. 22993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 5.0749 TO INCLUDE A PLANNING COMMISSION REVIEW, A SECURITY PLAN AND THE ELIMINATION OF OUTDOOR SPEAKERS FOR THE COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM CANYON DRIVE," amending Section 3.1 of the Resolution to read "implement and maintain" a security plan, and 2) Direct staff to insure the requirements of ABC training, and requirements of security staff are addressed in the security plan prior to approval by staff. Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Weigel and unanimously carried on a roll call vote. PUBLIC COMMENT: CAROLE SUKMAN, Palm Springs, commented on Item 4.A. and 4.B., and requested enhancements to the tax measure and the project financing agreement. KEITH MCCORMICK, Palm Springs, stated his support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. JULIUS KAZEN, stated his support for Item 4.A. and 4.6. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. HANNA SCHOLLA, Palm Springs, stated her support for Item 4.A. for a proposed sales tax be added to the municipal election. BRUCE TOMINELLO, commented on Item 4.B., the proposed redevelopment of the Desert Fashion Plaza. TIM ELLIS, stated his support for Item 4.A. and 4.6. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. JERRY KELLER, stated his support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. BARBARA KELLER, stated her support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. CHANTAL FRANCISCO, stated his support for Item 4.A. and 4.6. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. City Council Minutes July 20, 2011 Page 4 DARRYL MACDONALD, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. BOB HELBLING, stated his support for Item 4.A. and 4.6. a proposed tax increase and the redevelopment of the Desert Fashion Plaza, and commented on a sunset clause. JASON DIBLER, stated his support for Item 4.A. and 4.6. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. AFTAB DADA, stated his support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. DOUG JONES, Palm Springs, stated his support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. STEVEN NASH, Palm Springs Art Museum, stated his support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. MARNA VAN HORN, stated her support for Item 4.A. and 4.6. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. TAMARA STEVENS, stated her support for Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. STEVE NICHOLS, stated his support for Item 4.B., the redevelopment of the Desert Fashion Plaza. JOY MEREDITH, commented on Item 5.13. Downtown Restrooms and stated her support, commented on Item 4.B., and stated in her support of the revitalization of Downtown. RICK PANTELE, commented on the CAPS and medical cannabis permits. EDDIE GHERA, commented on CAPS and medical cannabis permits. PAUL LEWIN, commented on Item 4.A. and 4.13. a proposed tax increase and the redevelopment of the Desert Fashion Plaza. STEVE ROSENBERG, Palm Springs, commented on the future of Palm Springs, and the redevelopment of Downtown Palm Springs. SAM SPINELLO, stated his support for Item 4.B., the redevelopment of the Desert Fashion Plaza. COUNCILMEMBER COMMENTS: None. City Council Minutes July 20, 2011 Page 5 CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.K., 2.M., 2.N., 2.P., 2.Q., and 2.R. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 2.A. REPORT ON THE POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the July 20, 2011, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council/Community Redevelopment Agency Adjourned Meeting Minutes of July 7, 2011. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22994, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049767 THROUGH 1049906 IN THE AGGREGATE AMOUNT OF $498,109.13, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22995, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 6-25-11 BY WARRANTS NUMBERED 416746 THROUGH 416783 TOTALING $51,714.47, LIABILITY CHECKS NUMBERED 1049907 THROUGH 1049930 TOTALING $124,978.14, FIVE WIRE TRANSFERS FOR $49,123.21, AND THREE ELECTRONIC ACH DEBITS OF $993,720.35, IN THE AGGREGATE AMOUNT OF $1,219,536.17, DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22996, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049931 THROUGH 1049985 IN THE AGGREGATE AMOUNT OF $3,228,207.26, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Councilmember Mills on Warrant No. 1049882. 2.D. CONSIDER A REQUEST FROM PROPERTY OWNERS APPROVING THE ABANDONMENT AND DISSOLUTION OF ASSESSMENT DISTRICT NO. 166: ACTION: Adopt Resolution No. 22997, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ABANDONING AND DISSOLVING ASSESSMENT DISTRICT NO. 155 OF THE CITY OF PALM SPRINGS, CALIFORNIA." Approved as part of the Consent Calendar. City Council Minutes July 20, 2011 Page 6 2.E. PURCHASE OF 17,876 GALLONS OF SEALANT CONCENTRATE FROM GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $133,859.17: ACTION: 1) Approve the purchase of 17,875 gallons of sealant concentrate, as specified in Invitation for Bid No. 11-07, from Granite Construction Company in the amount of $133,859.17; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.F. AGREEMENT WITH SPERRY VAN NESS FOR COMMERCIAL REAL ESTATE BROKER SERVICES FOR AIRPORT PROPERTIES: ACTION: 1) Approve an agreement with Sperry Van Ness for commercial real estate broker services for airport properties; and 2) Authorize the City Manager to execute all necessary documents. A6127. Approved as part of the Consent Calendar. 2.G. APPROVAL OF TRACT MAP 31422 LOCATED AT 2620 ANZA TRAIL AND 2641 MORONGO TRAIL: ACTION: 1) Adopt Resolution No. 22998, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 31422 FOR PROPERTY LOCATED AT 2630 ANZA TRAIL AND AT 2641 MORONGO TRAIL, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.H. SUB-REIMBURSEMENT AGREEMENT WITH CVAG FOR THE LOCAL SHARE OF COSTS FOR THE INTERSTATE 10 INTERCHANGE PROJECT AT RAMON ROAD/BOB HOPE DRIVE: ACTION: 1) Approve a Sub-Reimbursement Agreement by and between CVAG, County of Riverside, City of Palm Springs, City of Cathedral City, City of Rancho Mirage, and City of Desert Hot Springs for the Interchange Project at 1-10 and Ramon Road/Bob Hope Drive; and 2) Authorize the City Manager to execute all necessary documents. A6128. Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 8 TO CVAG REIMBURSEMENT AGREEMENT NO. A4317 FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14): ACTION: 1) Approve Amendment No. 8 to Agreement No. A4317 with CVAG for the Indian Avenue (now Indian Canyon Drive) / Interstate-10 Interchange Project (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A4317. Approved as part of the Consent Calendar. City Council Minutes July 20, 2011 Page 7 2.K. AMENDMENT NO. 11 TO THE AMENDED AND RESTATED WASTEWATER SERVICES AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING SERVICES, INC. FOR THE OPERATION AND MAINTENANCE OF THE CITY'S SEWER SYSTEM: ACTION: 1) Adopt Resolution No. 22999, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12:" and 2) Approve Amendment No. 11 to the Amended and Restated Wastewater Services Agreement No. A4123 with Veolia West Operating Services, Inc. (formerly Veolia Water North America-West, LLC); and 3) Authorize the City Manager to execute all necessary documents. A4123. Approved as part of the Consent Calendar. 2.M. AWARD OF CONTRACT FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, FEDERAL PROJECT NO. PLHL-5282 (020) (CP 87-49): ACTION: 1) Approve an agreement with G & M Construction in the amount of $2,221,366.06, for the Belardo Road Bridge and Roadway Project, Federal Project No. PLHL-5282 (020) (CP 87-49); 2) Authorize the City Manager to approve cumulative change orders of up to 10% of the awarded construction contract amount, or $222,136.61; and 3) Authorize the City Manager to execute all necessary documents. A6129. Approved as part of the Consent Calendar. 2.N. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JUNE 2011: ACTION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2011. Approved as part of the Consent Calendar. 2.P. ACCEPT THE RESIGNATION OF JON CAFFERY FROM THE PLANNING COMMISSION EFFECTIVE AUGUST 11, 2011: ACTION: 1) Accept with regret the resignation of Jon Caffery from the Planning Commission effective August 11, 2011; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012. Approved as part of the Consent Calendar. 2.Q. OUTFITTING OF PUBLIC SAFETY VEHICLES: ACTION: Authorize the City Manager to award and execute all necessary documents, including all purchase orders and associated contracts, in accordance with the procurement bidding procedures, between July 21 and September 6, 2011, to allow the outfitting of the new police vehicles in an amount not to exceed $90,000 to proceed without delay. Approved as part of the Consent Calendar. City Council Minutes July 20, 2011 Page 8 2.R. LEASE-PURCHASE AGREEMENT WITH TORO FINANCING FOR 33 PIECES OF MAINTENANCE EQUIPMENT FOR SERVICE AT THE TAHQUITZ CREEK LEGENDS AND RESORT GOLF COURSES: ACTION: 1) Approve the Lease/Purchase Agreement with Toro Financing for a period of 48 months in an amount of $6,837.38 per month for a total of $328,194.13; and 2) Authorize the City Manager to execute all necessary documents. A6130. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR TRACT NO. 13257 SEWER IMPROVEMENTS (PHASES 1 & 2) (CP 10-02): Councilmember Mills requested staff address if the project may qualify for funding from the Affordable Housing Fund. ACTION: Approve the plans, specifications, and working details for Tract No. 13257 Sewer Improvements (Phases 1 and 2) (CP 10-02) and authorize the bid process. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 2.L. CITYWIDE ENERGY MANAGEMENT PROJECT: The City Council requested that Sustainability Commission be included in the process. ACTION: 1) Receive and file the Comprehensive Energy Analysis dated June 30, 2011, prepared by Chevron Energy Solutions Co.; and 2) Schedule a Study Session for September 28, 2011, for a separate discussion with staff and CES to review the list of ECMs proposed as part of the citywide energy management project, and to determine the final scope of the energy management project undertaken by the City. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 2.0. AWARD OF IFB 11-08 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS: Councilmember Mills requested staff address City staff supervision of contractor. ACTION: 1) Award a contract for Bid (IFB) 11-08, Palm Tree Trimming at various locations in the City of Palm Springs to Padilla Tree Service based on unit prices per tree for a projected cost of $62,051.00; and 2) Authorize the City Manager to execute all necessary documents. Motion Councilmember Foat, seconded by Mayor Pro Tem Weigel and unanimously carried on a roll call vote. City Council Minutes July 20, 2011 Page 9 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, REGARDING A ONE PERCENT TRANSACTIONS, SALES, AND USE TAX: City Manager Ready and City Clerk Thompson provided background information as outlined in the staff report dated July 20, 2011. Councilmember Hutcheson requested staff address the bonding examples as contained in the Finance Terms and Alternatives memorandum, conservative nature of the proposed tax, staggering the issuance of the bonds and other use of the proceeds. Mayor Pougnet commented on the recent budgetary issues and the lack of funding for capital projects, the condition of the Desert Fashion Plaza, the State take away, commented on the ballot question, and stated his support for a 1% tax. Councilmember Foat commented on the history of the redevelopment agency and funding of projects, the State proposal for the elimination of Redevelopment funds, the City's severe budget cuts, and stated it could not be placed on the tax on the ballot as a single use tax, the capital improvements that can be accomplish with additional funding, and requested a sunset clause be added to the measure. Mayor Pro Tern Weigel commented on the benefits of placing this tax on the ballot, and stated the voters should have the opportunity to vote on the measure and would suggest a sunset clause for the ballot measure. Councilmember Mills commented on the benefits of an additional local tax and the funding of capital improvement projects, recommends the creation of a separate line item to track the local sales tax funding, stated the community is in alignment for the renovation of the Downtown area, commented on the lack of funding for capital improvement projects, and noted projects that could be funded with additional funding. Councilmember Hutcheson commented on the anticipated uses of the proposed tax, recommended a 15 year sunset provision be added and a separate line item be created, and recommended a citizens advisory committee be created to report on the accomplishments. Mayor Pro Tern Weigel stated his support to include a sunset clause in the proposed ordinance, and requested staff address leveraging the proceeds received from the proposed tax. City Council Minutes July 20, 2011 Page 10 Councilmember Foat commented on the staggering approach to the issuance of the bonds. The City Council discussed and/or commented on adding a sunset clause to the ballot question and measure, or an alternative type of reconsideration clause. ACTION: 1) Adopt Resolution No. 23000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A ONE PERCENT (1%) TRANSACTIONS, SALES, AND USE TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY RESOLUTION NO. 22957;" and 2) Adopt Resolution No. 23001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS," amending the ballot question and measure to provide for a twenty-five year sunset clause. Motion Councilmember Foat, seconded by Mayor Pougnet and unanimously carried on a roll call vote. The City Council recessed at 8:23 p.m. The City Council reconvened at 8:32 p.m. 4.13. APPROVE A PROJECT FINANCING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS PROMENADE, LLC FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 123 NORTH PALM CANYON DRIVE: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 20, 2011. Mayor Pougnet commented on the proposed financing agreement deal points. Mayor Pro Tem Weigel requested staff address the purpose of the redevelopment, and stated his support for the project financing agreement. Councilmember Hutcheson commented on the items and projects that would be of significant importance to the City, residents, and tourism, and commented on the phasing of the project. City Council Minutes July 20, 2011 Page 11 Councilmember Mills commented on the process to get to this agreement, and noted a few items in the agreement that require additional fine tuning. Councilmember Foat stated that City staff and Mr. Wessman has responded to her items of concern, noted the City is well protected by the agreement, and commented on the process of eminent domain. ACTION: Continue the Item to September 7, 2010. Motion Mayor Pro Tern Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. 4.C. COMMUNITY REDEVELOPMENT AGENCY HEARING FOR A RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF THE DESERT FASHION PLAZA AND THE TOWN AND COUNTRY CENTER: City Attorney Holland requested the City Council continue the hearing to September 7, 2011. ACTION: 1) Continue the hearing to September 7, 2011, with no public testimony at this time; and 2) Direct the Agency Secretary to post a Notice of Continuance. Motion Councilmember Foat, seconded by Mayor Pro Tom Weigel and unanimously carried on a roll call vote. S. NEW BUSINESS: S.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 21-23, 2011: ACTION: Appoint Councilmember Ginny Foat as the Voting Delegate for the 2011 League of California Cities Annual Conference in San Francisco, California, September 21-23, 2011. Motion Mayor Pro Tern Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. S.B. DOWNTOWN AND UPTOWN BUSINESS DISTRICT TEMPORARY PUBLIC RESTROOM PROGRAM: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 20, 2011. City Manager Ready noted some staff changes to the program, stated the program is not limited to restaurants, and the program boundaries would be limited to those of the Palm Springs Business Improvement District. Councilmember Mills stated his support of the project, and recommended a sliding scale in compensation for larger bathroom facilities. City Council Minutes July 20, 2011 Page 12 Councilmember Foat recommended the City not require the log on the restroom door, would support a sliding scale for larger facilities, additional specifics in hours, and requested that hand sanitizer and hot water in the restroom be required, along with an indemnification or insurance, and recommend City staff review the public restroom sign design rather than a window decal. Mayor Pro Tern Weigel stated his agreement for improved provisions for signage, additional specificity for hours, and requested staff address the costs to the City to build and maintain public restrooms. ACTION: 1) Adopt Resolution No. 23002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DOWNTOWN AND UPTOWN TEMPORARY PUBLIC RESTROOM PROGRAM GUIDELINES AND APPLICATION/ AGREEMENT," amending the program to modify the boundaries of the program and not limiting the program to restaurants, 2) Direct staff to consider and incorporate other changes as discussed by the City Council; and 3) Adopt Resolution No. 23003-2, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. S.C. DISCUSS POTENTIAL CITY COUNCIL INITIATION OF A ZONE TEXT AMENDMENT WITH REGARD TO CHANGEABLE COPY AND OTHER SIGNS PURSUANT TO PALM SPRINGS ZONING CODE SECTION 94.07.01(A)(1)(b): Craig Ewing, Director of Planning Services, provided background information on the City Council initiation of a Zone Text Amendment. Councilmember Hutcheson requested the amendment address creative ideas for signage of vacant spaces, for lease signs, and look at the banner ordinance. Councilmember Mills requested the amendment review menu boards with electronic copy, and quality of signs for major complexes for lease. Councilmember Foat requested staff address the status of barber pole revisions to the sign ordinance, requested staff address any substitute process for electronic billboards, and requested the amendment address digital signs generally. ACTION: Initiate a Zone Text Amendment for changeable copy and other signs pursuant to Palm Springs Zoning Code Section 94.07.01(A)(1)(b) City Council Minutes July 20, 2011 Page 13 and refer to the Planning Commission. By consensus of the City Council. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None. ADJOURNMENT: The City Council adjourned in memory of Commissioner John Ege and Human Resources Specialist Martin Munoz, at 9:51 p.m. to Wednesday, September 7, 2011, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 7T" DAY OF SEPTEMBER, 2011. STEPHEN P. POUGNET, MAYOR ATTEST: MES THOMPSON, CITY CLERK