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HomeMy WebLinkAbout12/7/2005 - STAFF REPORTS (2) CITY COUNCIL/FINANCING AUTHORITY COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 www.ci.palm-springs.ca.uS AGENDA O{PPIM SF� December 7, 2005 5:00 PM CLOSED SESSION 6:00 PM REGULAR MEETING catrroRa4t Ron Oden, Mayor Mike McCulloch, Mayor Pro Tem Ginny Foat, Councilmember Chris Mills, Councilmember Steve Pougnet, Councilmember City of Palm Springs Vision Statement: Palm Springs aspires to be a unique world class desert community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible, sustainable economic growth and to enhance our natural desert beauty. We are committed to providing responsive, friendly and efficient customer service in an environment that fosters unity among all our citizens. David H. Ready, City Manager James Thompson, City Clerk Douglas C. Holland, City Attorney Craig Graves, City Treasurer Troy Butzlaff, Assistant City Manager Thomas Wilson, Assistant City Manager Any person who wishes to speak regarding an item on the agenda or on a subject within the City's jurisdiction during the 'Public Comments" portion of the agenda must file a "Speaker Card" with the City Clerk BEFORE that portion of the agenda is called. Although the City Council/Community Redevelopment Agency Members values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak on a Public Hearing must file a "Speaker Card" with the City Clerk BEFORE the Public Hearing is called. Complete City Council Agenda Packets are available for public inspection at: City Hall Office of the City Clerk, Palm Springs Library and the Palm Springs Police Station. Agenda and staff reports are available on the City's website www.ci.palm-springs.ca.us. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at(760)323-8204. Please note,any agenda item which has not been initiated by 10:00 P.M. may be continued to a subsequent meeting. City Council meetings are cablecast live on PSCTV Channel 17. Meetings are re-broadcast (following the meeting) on Thursday at 8:00 P.M., Saturday at 1:30 P.M. and Tuesday at 7:00 P.M. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act(ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323-8219, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 5:00 P.M. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSION CALL TO ORDER: PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Items contained only on the Closed Session Agenda. RECESS TO CLOSED SESSION: See Closed Session Agenda. 6:00 P.M. CITY COUNCIL REGULAR MEETING CALL TO ORDER: PLEDGE OF ALLEGIANCE: Boy Scout Troop 262. INVOCATION: ROLL CALL: PRESENTATIONS: Administer Oath of Office to Firefighters: Ryland McCracken, Cory Gorospe, John Aguirre, and Richard Maddox. 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 of the Year. Jon Cabrera and K-9 Kaiser, Outstanding Canine Team. ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on consent calendar items, and request consent calendar items be removed from the consent calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda. REPORT OF CLOSED SESSION: PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council relating to Special City Council Items No. 1 and 2. Three (3) minutes assigned for each speaker. SPECIAL CITY COUNCIL ITEMS: S1. PROPOSED RESOLUTION DECLARING THE RESULT OF THE NOVEMBER 8, 2005, REGULAR MUNICIPAL ELECTION: RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER City Council Agenda December 7,2005 Page 3 8, 2005 DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." S2. APPOINTMENT OF MAYOR PRO TEMPORE: RECOMMENDATION: Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2006. 1. PUBLIC HEARINGS: 1.A. TWO RULE 20A UTILITY UNDERGROUNDING DISTRICTS ALONG SUNRISE WAY RECOMMENDATION: 1) Open the Public Hearing and receive public testimony; 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE WEST SIDE OF SUNRISE WAY FROM EAST PALM CANYON DRIVE TO SUNNY DUNES ROAD;" and 3) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A RULE 20A UTILITY UNDERGROUNDING DISTRICT ON THE EAST SIDE OF SUNRISE WAY FROM VISTA CHINO TO SAN RAFAEL DRIVE." 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: RECOMMENDATION: 1) Continue the Public Hearing to December 14, 2005, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council/Community Redevelopment Agency Members on Consent Calendar and other Agenda items; and items of general interest within the subject matter jurisdiction of the City. Although the City Council/Community Redevelopment Agency Members value your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Three (3) minutes assigned for each speaker. Testimony for Public Hearings will only be taken at the time of the hearing. COUNCILMEMBER COMMENTS AND REQUESTS: This portion of the meeting is set aside for general comments, announcements, requests of staff, and/or other issues of concern from members of the City Council. CITY MANAGER'S REPORT: This time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council. The City Council will continue as a Joint Meeting with the City of Palm Springs Financing Authority: City Council Agenda December 7,2005 Page 4 CITY COUNCIL/FINANCING AUTHORITY JOINT PUBLIC HEARING: 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 COUNCIL RECOMMENDATION: 1. Open the Public Hearing and receive public testimony. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING 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." 3. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2005-06 FISCAL YEAR." 4. Authorize the Mayor, City Manager, and Director of Finance and Treasurer to execute all documents necessary. A FINANCING AUTHORITY RECOMMENDATION: 1. Adopt Resolution No. _, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY, CALIFORNIA, APPROVING AN ESCROW AGREEMENT IN CONNECTION WITH THE REFUNDING OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY (PALM SPRINGS REGIONAL AIRPORT) AIRPORT REVENUE BONDS, 1992 SERIES AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH." 2. Authorize the Chair, Executive Director, and Treasurer to execute all documents necessary. A FA2. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City of Palm Springs Financing Authority Minutes of February 16, 2005. City Council Agenda December 7,2005 Page 5 Adjourn as the City of Palm Springs Financing Authority, and convene as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING: 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 FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA NO. 1: COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION: 1) Open the Public Hearing and receive public testimony; 2) Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING AMENDMENT NO 1 TO A0490C, A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN CENTURY CROWELL COMMUNITIES, LP, D/B/A MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC, AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE ALLOWED MODERATE INCOME SALES PRICE BASED ON THE MARCH, 2005 HUD INCOME GUIDELINES FOR FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED AREA NO. 1;" and 3) Authorize the Executive Director, or his designee, to execute all documents related to the agreement. CITY COUNCIL RECOMMENDATION: Adopt Resolution No. , "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." RA2. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City of Palm Springs Community Redevelopment Agency Minutes of November 16, 2005. RA3. LICENSE AGREEMENT FOR THE SHORT-TERM USE OF THE GARDEN SPRINGS APARTMENT SITE WITH CENTURY CROWELL COMMUNITIES FOR CONSTRUCTION STAGING FOR THE MOUNTAIN GATE II PROJECT, AUTHORIZE THE RELEASE OF A REQUEST FOR PROPOSALS (RFP) FOR MODERATE-INCOME HOUSING, APPOINT A SUBCOMMITTEE TO SERVE City Council Agenda December 7,2005 Page 6 ON THE RFP REVIEW PANEL, RELOCATION OF FIRE STATION NO. 3 ON THE SITE: RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING A CONSTRUCTION STAGING LICENSE AGREEMENT BETWEEN CENTURY CROWELL COMMUNITIES, LP AND THE COMMUNITY REDEVELOPMENT AGENCY FOR CONSTRUCTION STAGING ON THE GARDEN SPRINGS APARTMENT SITE, NORTH INDIAN CANYON DRIVE AND SAN RAFAEL ROAD." A 2. Authorize the Executive Director or his designee to execute all documents related to the agreement. 3. Authorize staff to finalize and issue a Request for Proposals for the development of the Garden Springs Apartment site with moderate-income, for-sale housing. 4. Appoint a subcommittee of the Agency to serve on the RFP Review Panel. 5. Authorize staff to proceed with the creation of a .8 acre parcel at the northeast corner of the site for the purpose of relocating Fire Station No. 3. RA4. AMENDMENT NO. 1 TO AGREEMENT NO. A0478C WITH WESSMAN DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF A BOUTIQUE HOTEL AT THE SOUTHWEST CORNER OF CAHUILLA ROAD AND TAHQUITZ CANYON WAY: RECOMMENDATION: 1) Adopt Resolution No. , "A RESOLUTION OF THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 1 TO AGREEMENT NO. A0478C WITH WESSMAN DEVELOPMENT COMPANY, FOR THE DEVELOPMENT OF A BOUTIQUE HOTEL AT THE SOUTHWEST CORNER OF CAHUILLA ROAD AND TAHQUITZ CANYON WAY, MERGED AREA NO. 1;" and 2) Authorize the Executive Director or his designee to execute all related documents. A0478C. Adjourn as the City of Palm Springs Community Redevelopment Agency and reconvene as the City Council. CITY COUNCIL 2. CONSENT CALENDAR: The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Approval of the Agenda. The title is deemed to be read and further reading waived on any ordinance listed on the consent calendar for introduction or adoption. 2.A. REPORT ON POSTING OF THE AGENDA: RECOMMENDATION: Receive and File Report on the Posting of the December 7, 2005, City Council Agenda. City Council Agenda December 7,2005 Page 7 2.13. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City Council Minutes of November 16, 2005. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: RECOMMENDATION: 1) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1009281 THROUGH 1009601 IN THE AGGREGATE AMOUNT OF $3,610,893,84 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 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. , "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." 2.D. AMENDMENT NO. 5 TO ALLOCATED POSITIONS AND COMPENSATION PLAN: RECOMMENDATION: Adopt Resolution No. , "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." 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: RECOMMENDATION: 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 City Council Agenda December 7,2005 Page 8 CODE, RELATING TO THE ADOPTION OF MODIFICATIONS TO PROVISIONS OF THE CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS ORDINANCES." 2.F. REPLACEMENT OF THE FIRE DEPARTMENT'S WIRELESS DATA RADIO NETWORK: RECOMMENDATION: Adopt Minute Order No. , Awarding RFP 09- 0E 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. 2.G. APPROVE AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENTS WITH TIME WARNER THROUGH DECEMBER 31, 2006: RECOMMENDATION: 1) Adopt Resolution No. _, "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. , "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. 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: RECOMMENDATION: 1) Approve Minute Order No. 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. 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: RECOMMENDATION: 1) Adopt Minute Order No. 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. A City Council Agenda December 7,2005 Page 9 2.J. APPROVE PURCHASE OF SIX (6) VEHICLES FROM FRITTS FORD IN THE AMOUNT OF $133,140.85: RECOMMENDATION: Adopt Minute Order No. , Approving the purchase of one Ford F-350 stake-bed truck, four Ford F-150 trucks, and one Ford Freestar passenger van from Fritts Ford in the amount of $133,140.85. 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: RECOMMENDATION: Adopt Resolution No. , "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." 2.L. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2005: RECOMMENDATION: Receive and File Treasurer's Investment Report as of October 31, 2005. 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: RECOMMENDATION: Adopt Resolution No. , "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 AND COMMERCIAL ROAD, ZONE PD-158, SECTION 12." 2.N. APPROVE ANNUAL DISPLAY ADVERTISING CONTRACT WITH DESERT SUN: RECOMMENDATION: Adopt Minute Order No. Approving a Purchase Order with the Desert Sun for Display Advertising in an amount not-to-exceed $50,000. EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time. 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 City Council Agenda December 7,2005 Page 10 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING STANDARDS FOR NEWSRACKS: RECOMMENDATION: 1) Waive the reading of text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING MUNICIPAL 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 AND PUBLICATION VENDING MACHINES." 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. MEMORANDUM OF UNDERSTANDING — SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 700 REPRESENTING THE GENERAL UNIT: RECOMMENDATION: 1) Adopt Resolution No. , "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. , "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." S.B. FISCAL YEAR 2005-06 ANNUAL SLURRY SEAL, CITY PROJECT NO. 05-19: RECOMMENDATION: 1) Adopt Minute Order No. , Approving an agreement with Bond Blacktop, Inc. in the amount of $382,424.50 for Bid Schedules A through D (inclusive), for the Fiscal Year 2005-06 Annual Slurry Seal, City Project No. 05-19; and 2) Authorize the City Manager to execute all necessary documents. A 5.C. APPOINT A TWO-MEMBER CITY COUNCIL SUBCOMMITTEE FOR BUSINESS RETENTION: RECOMMENDATION: Appoint a two-member City Council Subcommittee to address the issues of Business Retention. City Council Agenda December 7,2005 Page 11 COUNCILMEMBER COMMENTS AND REPORTS: Additional reports, general comments, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time. ADJOURNMENT: The City Council will adjourn to 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. Q I'X E MI �A City ®f Palm Springs * Office of the City Cleric �RPOR/IiED� 3200 E.Talsgmtz Canyon Way • Palm Springs,California 92262 O �P Tel: (760)323-8204 • Pax: (760)322-8332 • Web: www 6palm-spungs.ca.us 94/PORN CALL AND NOTICE OF SPECIAL MEETING FINANCING AUTHORITY CITY OF PALM SPRINGS TO: Chair Oden Vice Chair McCulloch Member Foat Member Mills Member Pougnet NOTICE IS HEREBY GIVEN, that the Financing Authority of the City of Palm Springs will conduct a Special Meeting at 6:00 P.M. on Wednesday, December 7, 2005 at, City Hall, City Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the special meeting is to discuss items on the posted Agenda. The Public will be provided the opportunity to speak at this meeting only on those matters specified in this Call and Notice of Special Meeting. Jam s Thompson, City Clerk 'I of Palm Springs, California �J M F ames Thompson, City Clerk of the City of Palm Springs and Secretary of the Financing o hereby certify that the Notice of Special Meeting was delivered to each member of the Authority, posted on the posting board at City Hall and the door to Council Chamber and all parties who have requested such notice this 2nd day of December, 2005. IES THOMPSON ity Clerk of the City of Palms Springs and Secretary of the Financing Authority Post Office Box 2743 • Palm Springs, California 92263-2743 I?ALAI sA CITY OF PALM SPRINGS/CRA CLOSED SESSION AGENDA PALM SPRINGS CITY HALL— SMALL CONFERENCE ROOM V N Wednesday, December 7, 2005 5:00 P.M. �y>OgPIEO vyv CNP COMMUNITY REDEVELOPMENT AGENCY ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Desert Fashion Plaza —Wessman Development A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with John Wessman relative to that certain real property located on the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way known as the Desert Fashion Plaza, and to give direction to its negotiator, David Ready, City Manager, regarding the price and terms of payment relative to this property. B. Undeveloped Parcel Across From the Convention Center— Suitt/Block A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Suitt/Block, and to give direction to its negotiator, David Ready, relative to that undeveloped parcel on the southeast corner of Avenida Caballeros and Amado Road (across the street to the east of the Palm Springs Convention Center), consisting of approximately 9.3 acres, regarding the price and terms of payment for this property. 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: None. CITY OF PALM SPRINGS ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: NONE 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: A. A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Arthen vs. City of Palm Springs. B. A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Johnson vs. City of Palm Springs. 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: A. Exposure to Litigation — One Case A closed session will be held, pursuant to Government Code Section 54956.9(b) (1) and (3) (A) (B), because there is significant exposure to litigation in one case. B. Possible Initiation of Litigation—Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(c), because the City is considering whether to initiate litigation in two cases. 3. PERSONNEL MATTERS: None If additional information is needed, please contact Marilynn Hannon in the Office of the Assistant City Manager at 7601323-8202. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323-8219, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. The telephone number for the hearing impaired(TDD)is 7601864-9527. POSTED 1210212005