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HomeMy WebLinkAbout2006-01-04 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, DECEMBER 7, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 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 Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, and City Treasurer Graves. PRESENTATIONS: Fire Chief Goetz Administered the Oath of Office to Palm Springs Firefighters Ryland McCracken, Cory Gorospe, John Aguirre, and Richard Maddox. Police Chief Jeandron recognized Palm Springs Police Officers that received Peace Officer and Public Safety Appreciation Day Awards: Officer Simon Min, All Around Excellence in Law Enforcement. Roger Coldiron, Service to Youth Award. Palm Springs Mounted Police Search and Rescue Unit, Volunteer Program. Jon Cabrera and K-9 Kaiser, Outstanding Canine Team. ACCEPTANCE OF THE AGENDA: Staff requested Item 5.13. Slurry Seal Project and Item 2.J. Vehicle Purchase be withdrawn from the Agenda. Councilmember Pougnet requested Items 2.G. and 2.K. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.H. be removed from the Consent Calendar for :separate discussion. Councilmember Foat requested Item 2.K. be removed from the Consent Calendar for separate discussion. ,ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, :seconded by Councilmember Mills and unanimously carried. p Item No. 2.p PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, DECEMBER 7, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 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 Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. ABSENT: None. ,ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, and City Treasurer Graves. (PRESENTATIONS: Fire Chief Goetz Administered the Oath of Office to Palm Springs Firefighters Ryland McCracken, Cory Gorospe, John Aguirre, and Richard Maddox. Police Chief Jeandron recognized Palm Springs Police Officers that received Peace Officer and Public Safety Appreciation Day Awards: Officer Simon Min, All Around Excellence in Law Enforcement. Roger Coldiron, Service to Youth Award. Palm Springs Mounted Police Search and Rescue Unit, Volunteer Program. Jon Cabrera and K-9 Kaiser, Outstanding Canine Team. ACCEPTANCE OF THE AGENDA: Staff requested Item 5.B. Slurry Seal Project and Item 2.J. Vehicle Purchase be withdrawn from the Agenda. Councilmember Pougnet requested Items 2.G. and 2.K. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.H. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Item 2.K. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. City Council Minutes December 7,2005 Page 2 REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. PUBLIC COMMENT: None. SPECIAL CITY COUNCIL ITEMS: S1. PROPOSED RESOLUTION DECLARING THE RESULT OF THE NOVEMBER 8, 2005, REGULAR MUNICIPAL ELECTION: City Clerk Thompson provided background information as outlined in the staff report dated December 7, 2005. ACTION: Adopt Resolution No. 21463, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005 DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. S2. APPOINTMENT OF MAYOR PRO TEMPORE: Mayor Oden opened nominations for Mayor Pro Tempore and Councilmember Pougnet nominated Councilmember Ginny Foat. No other nominations brought forward, nominations were closed. The City Council expressed its appreciation to outgoing Mayor Pro Tern McCulloch. ACTION: Appoint Councilmember Foat as Mayor Pro Tempore for the term ending December, 2006. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. 'I. PUBLIC HEARINGS: 1.A. TWO RULE 20A UTILITY UNDERGROUNDING DISTRICTS ALONG SUNRISE WAY: David Barakian, City Engineer, provided background information as outlined in the staff report dated December 7, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. DAVID FRANCE, Palm Springs, stated he would be financially affected by requiring the property owners with covenants to pay and requested clarification with the status of reserve funds. City Council Minutes December 7,2005 Page 3 JOHN WESSMAN, spoke to the fairness of the 20A rule, stated property owners must pay for 20A funds on their own utility bill and the property owners who have a convenant must also pay a direct assessment. CHUCK LAROCO, Palm Springs, questioned the fairness of the direct assessment to property owners with covenants. JOHN BUSH, Palm Springs, submitted a letter to the City Council regarding rule 20A and the legality of the proposed direct assessment; commented on sound transmission into his home. No further speakers coming forward the public hearing was closed. The City Council commented and/or discussed the following with respect to the Undergrounding District: options for property owners with covenants, 13 property owners all residential properties who would be responsible for payment of the undergrounding and the funding, prior use of Rule 20A funds for residential projects in the City, interruption of electrical service, repairing the landscaping and sidewalks, financing the portion for property owners who have a direct assessment, alternative areas to use the 20A funds, use of funds for any voltage line, alternative projects to fund with Rule 20A funds. ACTION: Direct staff to return to the City Council with additional projects and/or alternative uses for Rule 20A undergrounding and policy directives with respect to communication/notification of property owners. By consensus of the City Council. I.B. PROPOSED ORDINANCE ESTABLISHING CERTAIN DRAINAGE, ROAD, BRIDGE, AND FIRE PROTECTION IMPACT FEES IN THE PALM CANYON AREA OF THE PALM SPRINGS MUNICIPAL CODE: ACTION: 1) Continue the Public Hearing to January 4, 2006, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried. PUBLIC COMMENT: JIM STUART, Palm Springs, commented on Item 2.G. and requested the City Council review the rates and service of Time Warner Cable and their Exclusive Franchise Agreement; commented on election signs. BOB HELBLING, Palm Springs, spoke on Item RA4 regarding the extended agreement with Wessman Development and requested the Agency Members add restrictions on the extended agreement. City Council Minutes December 7,2005 Page 4 PAULA AUBURN, Palm Springs, stated she is opposed to the placement of a homeless shelter in her neighborhood at Tachevah and Farrell. PATRICIA MYERS, presented a written statement from Edward Dietrich regarding the placement of a homeless shelter in their neighborhood. NANCY GUTIERREZ, Palm Springs, spoke regarding Item 5.B. and requested the City Council not award the contact to the proposed vendor. RICHARD KAY, Palm Springs, commented on problems he is having with a building project/development behind his property and the deterioration of wildlife due to the development. ROXANN PLOSS, Palm Springs, presented a preliminary copy of a downtown height limit initiative. CHARLES SACHS, Palm Springs, spoke regarding development in Tuscany Heights and environmental concerns. JONATHAN MARCUS, presented information to the City Council regarding ChemTrails, air pollution from jet planes. DON FRANK, presented information to the City Council regarding ChemTrails and air pollution. DANA STEWART, Palm Springs, presented a letter regarding building in the hillside canyons of Palm Springs. JOY MEREDITH, Palm Springs, spoke in support of Item 3.A. regarding restrictions for newsracks and requested the City Council support the proposed ordinance; provided an update regarding the activities of MainStreet. The City Council recessed at 8:16 PM. The City Council reconvened at 8:30 PM. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready presented an update on the Neighborhood Organizations forming under the Neighborhood Involvement Program, and provided an update from CVAG on (proposed regulations with regard to the scalping of grass. The City Council continued as a Joint Meeting with the City of Palm Springs Financing ,Authority at 8:34 P.M. i City Council Minutes December 7,2005 Page 5 JOINT PUBLIC HEARING WITH THE CITY OF PALM SPRINGS FINANCING AUTHORITY: FA1. APPROVING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF PALM SPRINGS 2006 AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REFUNDING REVENUE BONDS (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH: City Treasurer Graves and Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated December 7, 2005. Mayor Oden opened the public hearing; no speakers coming forward the public hearing was closed. The City Council discussed and/or commented on the following with respect to the Bond Issue: years remaining on the existing bond to 2022, other Airports financing in this manner, total cost of refinancing the bonds of approximately $500,000, funding the repayment of bonds by facility income charges. ACTION: 1) Adopt Resolution No. 21464, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF PALM SPRINGS 2006 AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REFUNDING REVENUE BONDS (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH;" 2) Adopt Resolution No. 21465, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2005- 06 FISCAL YEAR;" and 3) Authorize the Mayor, City Manager, and Director of Finance and Treasurer to execute all documents necessary. A5202, A5203, A5204. Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. The City of Palm Springs Financing Authority adjourned at 8:43 P.M., the City Council continued as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency. JOINT PUBLIC HEARING WITH THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY: RA1. AMENDMENT NO. 1 TO AGREEMENT NO. A0490C A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN CENTURY CROWELL COMMUNITIES, LP, D/B/A MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE FOR City Council Minutes December 7,2005 Page 6 FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA NO. 1: Thomas Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated December 7, 2005. Mayor Oden opened the public hearing; no speakers coming forward the public hearing was closed. The City Council discussed and/or commented on the following with regard to the Disposition and Development agreement: upon resale the new sales price would reflect the Moderate Income Formula with an allowance for improvements. ACTION: Adopt Resolution No. 21466, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 1 TO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH CENTURY CROWELL COMMUNITIES, LP D/B/A MOUNTAIN GATE 11 PALM SPRINGS VENTURE, LLC ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE ON FIVE MODERATE INCOME HOMES IN THE DESERT HIGHLAND AREA OF MERGED AREA NO. 1." Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. The City of Palm Springs Community Redevelopment Agency adjourned at 9:48 P.M. and the City Council continued. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.1., 21., 2.M., and 2.N. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the December 7, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of November 16, 2005. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21467, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1009281 THROUGH 1009601 IN THE AGGREGATE AMOUNT OF $3,610,893.84 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21468, "A RESOLUTION OF THE CITY COUNCIL OF City Council Minutes December 7,2005 Page 7 THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11/05/05 BY WARRANTS NUMBERED 409519 THROUGH 409585 TOTALING $73,308,97, LIABILITY CHECKS NUMBERED 1009252 THROUGH 1009280 TOTALING $127,491.56, THREE WIRE TRANSFERS FOR $53,770.13, AND THREE ELECTRONIC ACH DEBITS OF $875,025.77 IN THE AGGREGATE AMOUNT OF $1,129,596.43 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21469, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11/19/05 BY WARRANTS NUMBERED 409586 THROUGH 409650 TOTALING $70,749.94, LIABILITY CHECKS NUMBERED 1009602 THROUGH 1009630 TOTALING $129,164.12, THREE WIRE TRANSFERS FOR $54,770.13, AND THREE ELECTRONIC ACH DEBITS OF $892,973.73 IN THE AGGREGATE AMOUNT OF $1,147,657.92 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. AMENDMENT NO. 5 TO ALLOCATED POSITIONS AND COMPENSATION PLAN: ACTION: Adopt Resolution No. 21470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN ADOPTED BY RESOLUTION 21284." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1679, MODIFYING THE PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS: ACTION: Waive further reading and adopt Ordinance No. 1679, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01.140, 1.06.020, 1.01.150, 8.04.340, SUBSECTIONS 1.06.030 A, 1.06.040 B, 1.06.040 C, 1.06.060 A, 1.06.220 A, 2.50.080 (a), 11.72.220 A, AND 11.72.220 E OF, AND REPEALING SECTION 8.04.135 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION OF MODIFICATIONS TO PROVISIONS OF THE CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS ORDINANCES." Approved as part of the Consent Calendar. 2.F. REPLACEMENT OF THE FIRE DEPARTMENT'S WIRELESS DATA RADIO NETWORK: ACTION: Adopt Minute Order No. 7780, Awarding RFP 09-06 to Digital Internet Services Corporation (DISC) for replacement of the wireless data radio network at Fire Stations 1, 3, 4, 5, and the Fire Training Center in the amount of$26,947.62. Approved as part of the Consent Calendar, City Council Minutes December 7,2005 Page S 2.G. APPROVE AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENTS WITH TIME WARNER THROUGH DECEMBER 31, 2006: Removed from the Consent Calendar for separate discussion. 2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A4922 WITH SIMAT, HELLIESEN & EICHNER, INC. (SH&E) TO CONDUCT A MARKET STUDY AND FORECAST OF AIRPORT PASSENGER FACILITY CHARGES: Removed from the Consent Calendar for separate discussion. 2.1. APPROVAL OF ENCROACHMENT LICENSE TO THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR A PRIVATE FIBER OPTIC COMMUNICATION FACILITY WITHIN TAHQUITZ CANYON WAY: ACTION: 1) Adopt Minute Order No. 7782, Approving an Encroachment License between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs, for installation of a private fiber optic communication line within public right-of-way, from 600 E. Tahquitz Canyon Way to 707 E. Tahquitz Canyon Way; and 2) Authorize the City Manager to execute all necessary documents. A5205. Approved as part of the Consent Calendar. 2.J. APPROVE PURCHASE OF SIX (6) VEHICLES FROM FRITTS FORD IN THE AMOUNT OF $133,140.85: Withdrawn from the Agenda at the request of staff. 2.K. ACCEPT THE GRACIOUS DONATION FROM THE CIELO VISTA ELEMENTARY SCHOOL AND PALM SPRINGS RESIDENTS FRANK AND DANA BOYD FOR THE PURCHASE OF TWO POLICE DEPARTMENT CANINES: Removed from the Consent Calendar for separate discussion. 2.L. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2005: ACTION: Receive and File Treasurer's Investment Report as of October 31, 2005. Approved as part of the Consent Calendar. 2.M. TENTATIVE PARCEL MAP 30581 (TPM 30581), LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONE M-1-P, SECTION 12, APN 507-380-025: ACTION: Adopt Resolution No. 21474, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM SEPTEMBER 18, 2005, TO SEPTEMBER 18, 2006, FOR TENTATIVE PARCEL MAP 30581 TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD City Council Minutes December 7,2005 Page 9 AND COMMERCIAL ROAD, ZONE PD-158, SECTION 12." Approved as part of the Consent Calendar. 2.N. APPROVE ANNUAL DISPLAY ADVERTISING CONTRACT WITH DESERT SUN: ACTION: Adopt Minute Order No. 7783, Approving a Purchase Order with the Desert Sun for Display Advertising in an amount not-to-exceed $50,000. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.G. APPROVE AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENTS WITH TIME WARNER THROUGH DECEMBER 31, 2006: Troy Butzlaff, Assistant City Manager Administration, provided background information as outlined in the staff report dated December 7, 2005. The City Council discussed and/or commented on the following with regard to the extension: reasons for the delay, current programming on The Weather Channel, current service levels provided by Time Warner, lack of reporting to the City Council from staff, comparable rates for service with other cities in the Coachella Valley. ACTION: 1) Adopt Resolution No. 21471 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION FRANCHISE GRANTED TO PALMER CABLEVISION UNDER AGREEMENT NO. A2792 THROUGH DECEMBER 31, 2006;" 2) Adopt Resolution No. 21472, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION FRANCHISE GRANTED TO WARNER CABLE COMMUNICATIONS UNDER AGREEMENT NO. A2535 THROUGH DECEMBER 31, 2006;" and 3) Authorize the City Manager to sign all documents necessary to effectuate this action. A2792. A2535. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and carried on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet and Mayor Pro Tern Foat. NOES: Councilmember Mills and Mayor Oden. 2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A4922 WITH SIMAT, HELLIESEN & EICHNER, INC. (SH&E) TO CONDUCT A MARKET STUDY AND FORECAST OF AIRPORT PASSENGER FACILITY CHARGES: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated December 7, 2005. The City Council discussed and/or commented on the following with respect to the Agreement: Approval by the Airport Commission. City Council Minutes December 7,2005 Page 10 ACTION: 1) Approve Minute Order No. 7781, Authorizing the City Attorney to prepare and approving Amendment No. 4 to Agreement No. A4922 with Simat, Helliesen & Eichner, Inc. (SH&E) to conduct a market study and forecast of the Airport Passenger Facility Charge (PFC) in an amount not to exceed $75,000; and 2) Authorize the City Manager to execute all necessary documents. A4922. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried. 2.K. ACCEPT THE GRACIOUS DONATION FROM THE CIELO VISTA ELEMENTARY SCHOOL AND PALM SPRINGS RESIDENTS FRANK AND DANA BOYD FOR THE PURCHASE OF TWO POLICE DEPARTMENT CANINES: Police Chief Jeandron provided background information as outlined in the staff report dated December 7, 2005. The City Council expressed their appreciation to the donors for their generosity. ACTION: Adopt Resolution No. 21473, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING WITH GRATITUDE THE DONATION FROM THE CIELO VISTA ELEMENTARY SCHOOL AND PALM SPRINGS RESIDENTS FRANK AND DANA BOYD FOR THE PURCHASE OF TWO POLICE DEPARTMENT CANINES." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. ,ACTION: Continue past the 10:00 PM tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE DELETING PALM SPRINGS CODE SECTIONS 14.16.461 THROUGH 14.16.466 RELATING TO PUBLICATION VENDING MACHINES AND ADDING CHAPTER 14.26 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING STANDARDS FOR NEWSRACKS: City Attorney Holland provided background information as outlined in the staff report dated December 7, 2005. The City Council discussed and/or commented on the following with respect to the proposed ordinance: significant issue outside downtown, color preference of the proposed newsracks. ACTION: 1) Waive the reading of text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1680, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING MUNICIPAL CODE SECTIONS 14.16.461 THROUGH 14.16.466 City Council Minutes December 7,2005 Page 11 RELATING TO PUBLICATION VENDING MACHINES AND ADDING CHAPTER 14.26 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING STANDARDS FOR NEWSRACKS AND PUBLICATION VENDING MACHINES." Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. MEMORANDUM OF UNDERSTANDING — SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 700 REPRESENTING THE GENERAL UNIT: City Manager Ready provided background information as outlined in the staff report dated December 7, 2005. The City Council expressed their appreciation to the employees of the General Unit. ACTION: 1) Adopt Resolution No. 21475, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT IN THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 700 REPRESENTING THE GENERAL UNIT, FOR THE PERIOD JULY 1, 2005, THROUGH JUNE 30, 2007, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney; and 3) Adopt Resolution No. 21476, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN ADOPTED BY RESOLUTION NO, 21284." A5206. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 5.13. FISCAL YEAR 2005-06 ANNUAL SLURRY SEAL, CITY PROJECT NO. 05-19: Withdrawn from the Agenda at the request of staff. 5.C. APPOINT A TWO-MEMBER CITY COUNCIL SUBCOMMITTEE FOR BUSINESS RETENTION: ACTION: Appoint Mayor Pro Tern Foat and Mayor Oden to a City Council Subcommittee to address the issues of Business Retention. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried. City Council Minutes December 7,2005 Page 12 COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills requested the City Manager place on a future agenda an appropriation of$5,000 to MainStreet "seed" money for future activities and projects. Councilmember Pougnet acknowledged employees who received employee compliment cards. Mayor Pro Tern Foat requested the City Manager develop a policy and report back to the City Council for contract enhancements for Women and Minority Owned Businesses. Mayor Pro Tem Foat requested routine written reports regarding the cable franchise agreement with Time Warner. Councilmember Pougnet announced the Palm Springs High School Football Championships and congratulated Desert Chapel in their recent championship football games. Mayor Oden outlined the activities and events attended by the Mayor's Office and expressed appreciation for another successful Festival of Lights Parade, Mayor Oden requested the Fire Chief provide an update with respect to the Mobile Command Vehicle. Fire Chief Goetz announced the upcoming open-house of the new Mobile Command Vehicle. Mayor Pro Tern McCulloch reminded property owners that property taxes are due December 10, 2005, to the County of Riverside, Treasurer/Tax Collector. ADJOURNMENT: The City Council adjourned at 10:29 P.M. to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., preceded by a Closed Session at 5:00 P.M., Wednesday, December 14, 2005, City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 4th DAY OF JANUARY, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED MEETING MINUTES WEDNESDAY, DECEMBER 14, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:09 P.M. PLEDGE OF ALLEGIANCE: Assistant City Manager Thomas Wilson led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, and City Treasurer Graves. PRESENTATIONS: None. ACCEPTANCE OF THE AGENDA: Staff requested the City Council take Study Session Item 1.6. out of order, and hear the Item as the first Study Session Item. Councilmember Mills requested Item 2.C. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Foat, seconded by Mayor Oden and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. PUBLIC COMMENT: COURTNEY NEWMAN, commented on area 5A and 56 and the Visitors Center in the Task Force Report and stated the Citizens Task Force Recommendations do not consider the historic landmark status of the Visitor Center. GREG DAY, Palm Springs, thanked the Citizens Task Force, and commented on the Task Force Report; stated the plan falls short for the Chino Cone area and requested restrictive building in the Chino Cone area. City Council Minutes December 14,2005 Page 2 CHUCK NISBET, Palm Springs, commented on Measures A and B on the March ballot, his frustration with the Task Force, and its recommendations; requested the City Council adopt a compromise plan. DANA STEWART, Palm Springs, expressed disappointment with respect to the meetings during the holiday season; commented on the Task Force Report and stated her concerns with certain areas of the Task Force recommendations, such as the Boulders and Crescendo developments be incorporated into the Task Force recommendations. JAN CILETTI, stated her concerns with the proposed Developer with respect to the purchase of her home and outlined some of the problems. JOY MEREDITH, Palm Springs, spoke in support of Item 4.A. and requested the City Council support the suspension of parking restrictions. JONO HILDNER, Palm Springs, presented written comments to the City Council regarding the Task Force and stated the recommendations do not reflect the concurrence with the community. MARVIN ROOS, Palm Springs, commented on the recommendations from the Citizens Task Force and commented on open space. ROXANN FLOSS, commented on the Citizen Task Force recommendations with respect to the berm and recommended the creation of a Blue Ribbon Committee to seek grants and funds to purchase open space. JOEL DOUGLAS, Palm Springs, commented on the present condition of the parking lot at Belardo and Chino Drive. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1. STUDY SESSION: The City Council took Study Session Item I.B. out of order. 1.B. PRESENTATION OF THE FINAL REPORT AND RECOMMENDATIONS TO THE CITY COUNCIL BY THE CITIZENS TASK FORCE FOR MOUNTAIN AND FOOTHILL PRESERVATION: Councilmember Pougnet and Vic Gainer provided background information as outlined in the report titled Citizens' Task Force for Mountain and Foothill Preservation and Planning, Summary Recommendations and Findings. City Council Minutes December 14,2005 Page 3 The City Council discussed and/or commented on the following with respect to the presentation and the Task Force Recommendations: the Task Force recommendation regarding grandfathering projects, issue of "taking," group involvement and land owner participation, the implementation road map and if the current application for Century Vintage Homes meets the standards in the Task Force Report and the zoning standards that will be in effect during the next ! 10-months, coordinating with the Tribe Master planning, creating an Acquisition Task Force. ACTION: Direct the City Manager to place on the next agenda the creation of an Acquisition Task Force or Subcommittee to start gathering information and resources available. By consensus of the City Council. The City Council recessed at 7:27 P.M. The City Council reconvened 7:39 P.M. 1.A. PRESENTATION OF BUDGET FOR FISCAL YEAR 2004-05 RECAP AND UPDATE OF FISCAL YEAR 2005-06 THROUGH OCTOBER 31, 2005: Craig Graves, City Treasurer, provided background information as outlined in the Budget Review Document dated December 14, 2005. Troy Butzlaff, Assistant City Manager Administration provided information on fuel costs and the effect on the budget. The City Council discussed and/or commented on the following with respect to the Budget update: add another category with the percentage of a revenue or an expenditure expected for the time period, cash reserve calculations, property tax projections, the lag-time with Riverside County assessing and collecting property taxes, future study session with respect to the feasibility of the co-generation plants, effect of the increase to the City's Utility User Tax. No action taken. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.D., and 2.E. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the December 14, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21477, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, I I City Council Minutes December 14,2005 Page 4 APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1009631 THROUGH 1009875 IN THE AGGREGATE AMOUNT OF $2,102,543.82 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.C. GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS 2005 TRANSPORTATION ENHANCEMENT (TE) GRANT APPLICATION: Removed from the Consent Calendar for separate discussion. 2.1). SUBMISSION OF AB 1600 DEVELOPMENT FEES REPORT FOR FISCAL YEAR 2004-05: ACTION: Receive and File AB 1600 Development Fees Report for Fiscal Year 2004-05. Approved as part of the Consent Calendar. 2.E. CONSTRUCTION AND REHABILITATION OF THE COMMUTER TERMINAL APRON CHANGE ORDER NO. 2 TO AGREEMENT NO. 5094 WITH AMD CONSTRUCTION CP 2005-11 (AIP 3-06-0181-39): ACTION: 1) Approve Minute Order No. 7784 Authorizing Change Order No. 2 to Agreement No. 5094 with AMD Construction Inc. in the amount of $277,974., to provide demolition work on the construction and rehabilitation of the commuter terminal apron; and 2) Adopt Resolution No. 21479, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." A5094. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR ITEMS: 2.C. GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS 2005 TRANSPORTATION ENHANCEMENT (TE) GRANT APPLICATION: The City Council expressed appreciation for effort by staff and other agencies that worked on bringing the grants forward. ACTION: Adopt Resolution No. 21478 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE NOMINATION OF THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENTS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES FUNDING." Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. i I I City Council Minutes December 14,2005 Page 5 4. UNFINISHED BUSINESS: 4.A. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD JANUARY 1, 2006, THROUGH JUNE 30, 2006, FOR DOWNTOWN CITY I OWNED PARKING LOTS AND PARKING GARAGE: City Manager Ready provided background information as outlined in the staff report dated December 14, 2005. The City Council discussed and/or commented on the following with respect to suspending parking restrictions: subsidized parking, monitoring of the program by MainStreet, monthly reports to the City Council on the progress of the parking in Downtown, ill-will created by parking-fines. ACTION: 1) Adopt Resolution No. 21480, "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 JANUARY 1, 2006, AND JUNE 30, 2006;" and 2) Direct staff to develop and implement a monitoring and evaluation program over the six-month period. Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 5. NEW BUSINESS: 5.A. APPROVAL OF CONTRACT WITH SUNGARD PENTAMATION TO UPGRADE FINANCIAL SOFTWARE AND HARDWARE: City Treasurer Graves provided background information as outlined in the staff report dated December 14, 2005. The City Council discussed and/or commented on the following with respect to the agreement: training and travel budget, interface with the current payroll system, and operational status of current system. ACTION: 1) Adopt Minute Order No. 7785, Approving an Agreement with Sungard Pentamation, Inc. to upgrade current Financial Application Software and Hardware in the amount of $92,508 plus expenses; 2) Adopt Minute Order No. 7786, Authorizing the purchase of a new server and auxiliary hardware from Dell Computer required for the upgrade not to exceed $6,004.52; 3) Authorize the City Manager to execute the Agreement subject to final review and approval by the City Attorney. A5208. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 5.13. APPOINTMENT TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL BOARD: ACTION: Appoint Sharon Lock to the Coachella Valley Mosquito and Vector Control Board for the term ending December 31, 2007. Motion City Council Minutes December 14,2005 Page 6 Mayor Pro Tern Foat, seconded by Councilmember Pougnet and unanimously carried. 5.C. PROPOSED JOINT POWERS AGREEMENT (JPA) CREATING THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC): City Attorney Holland provided background information as outlined in the staff report dated December 14, 2005. ACTION: 1) Adopt Minute Order No. 7787, Approving a Joint Powers Agreement creating the Coachella Valley Conservation Commission (CVCC) with the City of Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Rancho Mirage, County of Riverside, Coachella Valley Water District and Imperial Irrigation District; and 2) Authorize the Mayor to execute the Agreement. A5209. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tern Foat requested staff place on a future agenda the appointment of an alternate representative to the CVAG Human Resources Committee. Mayor Pro Tern Foat commented on the condition of the parking lot at Belardo and Chino Drive. Councilmember Pougnet commented on the La Sierra University parking lot. Councilmember Mills requested staff review the maintenance schedule for the parking lot at Belardo and Chino Drive and requested the Police Chief monitor the lot for activity that should not be in the lot. Councilmember Pougnet requested staff place on the January 4, 2006 agenda the creation and appointment of a City Council Subcommittee to look at needy and homeless issues in Palm Springs. Councilmember McCulloch commented on the passing of Frankie Ware and his services and wished Planning Commissioner Leo Cohen a Happy Birthday. Mayor Oden outlined the activities and events attended by the Mayor's Office, and noted the Mayor's State of the City address will be on February 1, 2006, at the Palm Springs Convention Center. Mayor Oden commented on the open house and operational readiness of the new Palm Springs Mobile Command Vehicle. City Council Minutes December 14,2005 Page 7 Councilmember Mills announced the upcoming 25th Anniversary of Alaska Airlines service at the Palm Springs International Airport. Mayor Oden commented on a new Riverside County Transportation Commission's public partnership program to obtain private enterprise to invest in public infrastructure. Mayor Oden and the Members of the City Council wished the residents and business owners and operators a happy holiday season. ADJOURNMENT: The City Council adjourned at 8:59 P.M. to the Regular Meeting Wednesday, January 4, 2006, at 6:00 P.M. City Hall Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. No meeting will be held on Wednesday, December 21, 2005. APPROVED BY A MOTION OF THE PALM SPRINGS THIS 4T" DAY OF JANUARY 2006. MAYOR I ATTEST: City Clerk