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HomeMy WebLinkAbout11/2/2005 - STAFF REPORTS (6) PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, OCTOBER 19, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Mayor Oden requested a moment of silent reflection. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem 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: Police Chief Gary Jeandron swore-in new Palm Springs Police Officers Chad Albertson, Lembit Kulbin, Marcus Litz and Andrew Sylleloglou. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff has requested Consent Calendar Item 2.S. be withdrawn from the Agenda. Mayor Oden requested the City Council hear Public Hearing Item 1.D. as the first Public Hearing, prior to Item 1.A. Mayor Pro Tern McCulloch noted his abstention on Warrant No. 1008371, Item 2.D. as business related. Councilmember Pougnet requested Item 21. be removed from the Consent Calendar for separate discussion, and noted his abstention on Item 2.P as business related. Councilmember Mills requested Items 2.M., 2.N., 2R., and 2.T. be removed from the Consent Calendar for separate discussion, and noted his abstention on Item 2.0. as business related. Councilmember Foat requested Items 2.J., 2.K., and 2.Q be removed from the Consent Calendar for separate discussion, and noted a correction on Item 2.B. Minutes of October 5, 2005 Councilmember Comments. Mayor Oden noted his abstention on Item 2.B. Minutes of October 5, 2005. Item No. 2 . B , City Council Minutes October 19,2005 Page 2 ACTION: Approve the Agenda as Amended. Motion Councilmember Mills, seconded by Councilmember Pougnet 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. The City Council gave direction to the City Attorney on Closed Session Item 4.B., and the City Manager direction on Closed Session Items 6.A. and 6.B. No reportable actions were taken. 1. PUBLIC HEARINGS: The City Council heard Public Hearing Item I .D. out of order. I.D. CASE NO. 5.1073 CUP — AN APPLICATION BY DICK TAYLOR PRODUCTIONS FOR A CONDITIONAL USE PERMIT TO CONSTRUCT THE PALM SPRINGS PAVILION THEATRE —A 23,729 SQUARE FOOT, 1,000-SEAT PAVILION TENT TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR A PERIOD OF THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513-560-008: Craig Ewing, Planning Services Director, provided background information as outlined in the staff report dated October 19, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. DICK TAYLOR, Palm Springs, outlined the aspects of the proposed project, addressed parking issues and lighting the trees on Tahquitz Canyon; requested City Council support. JOY MEREDITH, Palm Springs, spoke in support of the project. MITCH SPIKE, commented on well-done show and requested the City Council support the project. MARTHA HIGGINS, Palm Springs, spoke in support of the project and requested the City Council support the project. No further speakers coming forward the public hearing was closed. The City Council commented and/or discussed the following with regard to the project: sign for theatre parking on Palm Canyon, lighting trees on Tahquitz Canyon, limited parking and print information on tickets, General Plan designation, public art requirement and an informational booklet from Main Street at the show. City Council Minutes October 19,2005 Page 3 ACTION: Adopt Resolution No. 21432, "A RESOLUTION OF CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1073 CUP SUBJECT TO THE CONDITIONS OF APPROVAL, FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 23,729 SQUARE FOOT 1,000-SEAT PAVILION TENT, TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513-560-008" amending conditions 3 and 4 as outlined in the staff memorandum dated October 19, 2005; and directing staff to provide and include the lighting of trees on Tahquitz Canyon along with a Maintenance Agreement for such trees. Motion Councilmember Pougnet, seconded Councilmember Foat and unanimously carried on a roll call vote. 1.A. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), CITY OF PALM SPRINGS AND AUTHORIZATION TO LEVY A SPECIAL TAX: Troy Butzlaff, Assistant City Manager Administration, provided background information as outlined in the staff report dated October 19, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. CHRIS KRAMER, Fire Department, requested continued support of the District for Fire Safety Services. ED KIBBEY, Palm Desert, Building Industry of the Coachella Valley, stated the District does not meet the requirements of the law, outlined the services as in Exhibit A; requested the District include commercial and industrial properties; requested the City Council not proceed with the District in the present form. No further speakers coming forward the public hearing was closed. The City Council discussed and/or commented on the following with regard to the proposed Community Facilities District: revisions to the boundary map of site 3, inclusion of only residential property and excluding the golf course and other amenities, level of service, in the future adding commercial properties into the District, clarification of the use of funds for public safety services and specialized equipment for the public safety personnel, timing of the tax in relation to the timing of the developments, procedural point introducing the Ordinance. ACTION: 1. Adopt Resolution No. 21427, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Minutes October 19,2005 Page 4 AMENDING THE BOUNDARY MAP ADOPTED BY RESOLUTION NO. 21401 SHOWING THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2005-1, AND SUBSTITUTING AMENDED BOUNDARY MAP FOR THE ORIGINAL BOUNDARY MAP IN THE RESOLUTION OF INTENTION AND RESOLUTION NO. 21401." 2. Adopt Resolution No. 21428, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FORMING AND ESTABLISHING A COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND AUTHORIZING THE SUBMITTAL OF LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS." 3. Adopt Resolution No. 21429, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2.005-1 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO FINANCE POLICE PROTECTION SERVICES, AND FIRE PROTECTION AND SUPPRESSION SERVICES THEREIN AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT." ACTION: Adopt Resolution Nos. 21427, 21428, and 21429. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet and Mayor Oden. NOES: Mayor Pro Tern McCulloch. ABSTAIN: None. ABSENT: None. City Clerk Thompson opened the ballots received pursuant to Resolution No. 21429, tabulated the results and canvass of the Election and stated the results. Measure A: Total Number of Eligible Votes: 385 Total Number of Yes Votes: 355 Total Number of No Votes: 30 Measure B Total Number of Eligible Votes: 385 Total Number of Yes Votes: 355 Total Number of No Votes: 30 City Council Minutes October 19,2005 Page 5 City Clerk Thompson stated that both Measures required a 2/3rds majority vote (or 257 votes) for the City Council to proceed. 355 votes were received on both Measures and the City Council may proceed with the formation of the Community Facilities District No. 2005-1 by adopting the Resolution and introducing the Ordinance as set forth in the staff report. 4. Adopt Resolution No. 21430 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN." 5. Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1677, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)." ACTION: Adopt Resolution No. 21430, and introduce on first reading Ordinance No. 1677. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet and Mayor Oden. NOES: Mayor Pro Tem McCulloch. ABSTAIN: None. ABSENT: None. 1.B. PROPOSED RESOLUTION INCREASING USER FEES FOR VILLAGEFEST: Scott Mikesell, Parks and Recreation Director, provided background information as outlined in the staff report dated October 19, 2005. Mayor Oden opened the public hearing and no speakers coming forward the public hearing was closed. The City Council commented and/or discussed the following with regard to the proposed increase in user fees for VillageFest: fees for food vendors and seasonal vendors, definition of a stand-by vendor, studies of the VillageFest Board. ACTION: Adopt Resolution No. 21431, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCREASING USER FEES FOR VILLAGEFEST AND AUTHORIZING City Council Minutes October 19,2005 Page 6 THE CITY CLERK TO INCORPORATE SUCH FEES IN THE COMPREHENSIVE FEE SCHEDULE." Motion Councilmember Foat, seconded Councilmember Mills and unanimously carried on a roll call vote. 1.C. PROPOSED ORDINANCE MODIFYING REGULATIONS FOR THE USE OF ALARMS AND ALARM SYSTEMS: ACTION: 1) Continue the Public Hearing to November 2, 2005 without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Mills, seconded Councilmember Pougnet and unanimously carried. The City Council recessed at 7:35 P.M. The City Council reconvened at 7:49 P.M. 1.11). CASE NO. 5.1073 CUP — AN APPLICATION BY DICK TAYLOR PRODUCTIONS FOR A CONDITIONAL USE PERMIT TO CONSTRUCT THE PALM SPRINGS PAVILION THEATRE — A 23,729 SQUARE FOOT, 1,000-SEAT PAVILION TENT TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR A PERIOD OF THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513-560-008: The City Council took Item I.D. out of order. 1.E. CASE 5.0984 PD-291, APPLICATION BY GEIGER, LLC TO DEVELOP AN APPROXIMATELY 393,000 SQUARE FOOT COMMERCIAL CENTER ON APPROXIMATELY 37 ACRES AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111): Craig Ewing, Planning Services Director, provided background information as outlined in the staff report dated October 19, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. ARMAN GABAY, Representing Applicant, thanked staff and outlined the aspects of the project and requested some of the conditions be more business friendly; requested support. MILAN GARRISON, Representing Applicant, spoke regarding the traffic conditions and the traffic signal, stated the height of the building has been reduced. TRAYCI NELSON, Representing Applicant, stated she was available for any questions and requested the City Council support the project. City Council Minutes October 19,2005 Page 7 GEORGE RAY, Home Depot, requested clarification of condition number 10 for holiday sales, addressed the effectiveness of electronic cart systems, the color of the roof, and ingress/egress with the traffic signal and setbacks. MYRNA CHARITON, Cathedral City, requested clarification of ingress/egress on San Luis Rey and stated it is a wonderful project. No further speakers coming forward the public hearing was closed. The City Council commented and/or discussed the following with regard to the project: special events in the seasonal garden area, cart theft system, access plan, staff recommends Option D, widening of San Luis Rey, condition 10 with CUP, including bike racks, project before Architectural review, decorative paving difference in the plans, 10 parking spaces in the rear for vehicle rental, 12-foot wail at the rear (residence side) of the development, designation of drive-thru sites and conditions, outdoor display areas, vending machines, adding a condition not allowing roof-top advertising, possible traffic signal for the middle driveway on Gene Autry Trail. ACTION: Adopt Resolution No. 21433 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2003121001) FOR THE SPRINGS COMMERCIAL CENTER (CASE 5.0984 PD-291) AS COMPLETE, ADOPTING THE CORRESPONDING STATEMENT OF FACTS AND FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING AN APPLICATION BY GEIGER LLC SUBJECT TO CONDITIONS OF APPROVAL, TO DEVELOP APPROXIMATELY 393,000 SQUARE FEET OF COMMERCIAL SPACE ON APPROXIMATELY 37 ACRES, LOCATED AT NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE M-1-P, SECTION 17, APNs 677-280-041, 677-420-032, AND 677- 420-034" incorporating Option D, modifying conditions as outlined in the staff memorandum of October 19, 2005, modifying condition 12 not allowing roof top advertising, adding conditions regarding final approval of the site plan establishing an 8 foot wall and modifications to the North/South drives off of Ramon with a visual focal point and direct staff to work with the Applicant with respect to vending machine placement. Motion Councilmember Foat, seconded Councilmember Pougnet and unanimously carried on a roll call vote. The City Council recessed at 8:55 P.M. The City Council reconvened at 9:07 P.M. City Council Minutes October 19,2005 Page 8 I.F. CASE NO. 5,1057 CUP — AN APPLICATION BY NEXTEL COMMUNICATIONS TO CONSTRUCT SIX COMMERCIAL COMMUNICATION ANTENNAS CONCEALED WITHIN A NEW 60 FOOT MONOPOLE AND AN EQUIPMENT SHELTER ON A 1,050 SQUARE FOOT LEASE AREA AT 19345-65 NORTH INDIAN AVENUE, ZONE HC, SECTION 15, APNS 666-330-051 AND 666-330-053: Craig Ewing, Planning Services Director, provided background information as outlined in the staff report dated October 19, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. BARBARA SAITO, Applicant, commented on the design and requested City Council approval. No further speakers coming forward the public hearing was closed. The City Council commented and/or discussed the following with regard to the project: live palm trees, paint color. ACTION: Adopt Resolution No. 21434, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 5.1057 CUP, AN APPLICATION BY NEXTEL COMMUNICATIONS, TO CONSTRUCT SIX COMMERCIAL COMMUNICATION ANTENNAS CONCEALED WITHIN A NEW 60 FOOT MONOPOLE AND AN EQUIPMENT SHELTER ON A 1,050 SQUARE FOOT LEASE AREA AT 19345-65 NORTH INDIAN AVENUE." Motion Councilmember Mills, seconded Mayor Oden and unanimously carried on a roll call vote. 1.G. CASE NO. 5.1058 CUP — AN APPLICATION BY ALCOA WIRELESS FOR NEXTEL COMMUNICATIONS FOR A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A COMMERCIAL COMMUNICATIONS FACILITY TO INCLUDE FLUSH MOUNTED ANTENNAS ON AN EXISTING 60 FOOT TALL LIGHT TOWER AND AN EQUIPMENT SHELTER WITHIN A 700 SQUARE FOOT LEASE AREA BEHIND THE POWER BASEBALL DIAMOND SCOREBOARD AT SUNRISE PARK, LOCATED AT 450 SOUTH SUNRISE WAY, ZONE O, SECTION 8, APN 502-200-001: ACTION: 1) Continue the Public Hearing without public testimony; and 2) Direct the City Clerk re-notice the Public Hearing. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. City Council Minutes October 19,2005 Page 9 PUBLIC COMMENT: 130B DANITZ, commented on the closure of the mental health facilities and programs at Desert Regional Medical Center. KEN TURNER, Palm Springs, commented on the use of short-term rentals of Single Family Homes becoming a noise nuisance and creating problems in the area. MELANIE LURK, Palm Springs, thanked staff and spoke in favor of Item 2.R., requested City Council support. DENNIS CUNNINGHAM, Palm Springs, commented on election signs on his property in Palm Springs. DENNIS MASON, Palm Springs, commented on scalping of grass in Palm Springs and the problem it creates; requested the City Council prohibit scalping. WESLEY COLE, Palm Springs, commented on scalping of grass in Palm Springs and requested the City Council prohibit scalping. DONNA CHABAN, Palm Springs, commented on scalping of grass in Palm Springs and requested the City Council prohibit scalping. MICHAEL STERN, Palm Springs, stated his opposition on Item 5.13. regarding purchase of public artwork. C:OUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. The City Council recessed at 9:36 P.M. and convened as the City of Palm Springs Community Redevelopment Agency. The City Council reconvened at 9:45 P.M. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.0., and 2.P. Motion Councilmember Mills, seconded by Councilmember Pougnet 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 October 19, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of October 5, 2005, and October 12, 2005. Approved as part of the Consent Calendar, noting a City Council Minutes October 19,2005 Page 10 correction to Councilmember Foat's comments on the October 5, 2005 minutes and the abstention of Mayor Oden on the October 5, 2005 minutes. 2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2005: ACTION: Receive and file Staff Authorized Agreements covering the period September 1 through September 30, 2005. Approved as part of the Consent Calendar. 2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21435, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1008307 THROUGH 1008596 IN THE AGGREGATE AMOUNT OF $3,611,638.88 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21436, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1008597 THROUGH 1008597 IN THE AGGREGATE AMOUNT OF $12,750.00 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21437, "A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 09-24-05 BY WARRANTS NUMBERED 409313 THROUGH 409381 TOTALING $103,376.85, LIABILITY CHECKS NUMBERED 1008301 THROUGH 1008306 TOTALING $2,488.91, AND THREE ELECTRONIC ACH DEBITS OF $1,109,339.56 IN THE AGGREGATE AMOUNT OF $1,215,205.32 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Mayor Pro Tern McCulloch on Warrant No. 1008371. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1672 AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA): ACTION: Waive further reading and adopt Ordinance No. 1672, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT." Approved as part of the Consent Calendar. 2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1673, AMENDING SECTIONS 9.61.020, 9.61.030, 9.63.040, AND 9.63.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MERGERS OF CONTIGUOUS PARCELS OF LAND: ACTION: Waive further reading and adopt Ordinance No. 1673, "AN ORDINANCE OF CITY OF PALM SPRINGS AMENDING SECTIONS City Council Minutes October 19,2005 Page 11 9.61.020, 9.61.030, 9.63.040, AND 9.63.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MERGERS OF CONTIGUOUS PARCELS OF LAND." Approved as part of the Consent Calendar. 2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1674 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.22.020(B), REGARDING CERTAIN QUALIFICATIONS FOR VILLAGEFEST BOARD MEMBERS: ACTION: Waive further reading and adopt Ordinance No. 1674, "AN ORDINANCE OF CITY OF PALM SPRINGS AMENDING SECTION 2.22.020(B), REGARDING CERTAIN QUALIFICATIONS FOR VILLAGEFEST BOARD MEMBERS." Approved as part of the Consent Calendar. 2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1675, ADDING SECTIONS 10.04.090, 10.04.100, 10.04.110 AND 10.24.011 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE REGULATION OF DOMESTIC ANIMALS IN THE CITY: ACTION: Waive further reading and adopt Ordinance No. 1675, "AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS 10.04.090, 10,04.100, 10.04.110 AND 10.24.011 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE REGULATION OF DOMESTIC ANIMALS IN THE CITY." Approved as part of the Consent Calendar. ZI. AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FISCAL YEAR 2005-06: ACTION: Adopt Resolution No. 21438, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION 21284." Approved as part of the Consent Calendar. 2.J. COGENERATION PLANT ELECTRICAL CERTIFICATION SERVICES: Removed from the Consent Calendar for separate discussion. 2.K. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CRV MONTE SERENO, LP, RELATED TO CONSTRUCTION OF RIP-RAP CHANNEL LINING IMPROVEMENTS ALONG PALM CANYON WASH, IDENTIFIED AS PALM CANYON WASH, STAGE 6, TRACT NO. 30046, PROJECT NO. 6-0-0040-06: Removed from the Consent Calendar for separate discussion. 2.L. AIRPORT CAPITAL PROJECTS, FAA AIP 3-06-0181-39, 5% LOCAL FUNDING MATCH, $118,900 BUDGET AMENDMENT: Removed from the Consent Calendar for separate discussion. City Council Minutes October 19,2005 Page 12 2.M. REHABILITATION OF COMMUTER APRON, CITY PROJECT 2005-11: Removed from the Consent Calendar for separate discussion. 2.N. APPROVE BUDGET AMENDMENT OF $350,000 TO THE MOTOR VEHICLE REPLACEMENT RESERVES FOR THE PURCHASE OF CITY VEHICLES AND SPECIALIZED EQUIPMENT: Removed from the Consent Calendar for separate discussion. 2.0. CONVENTION CENTER PROJECT, RE-ROOFING CHANGE ORDER NO. 6 TO AGREEMENT NO. 4858 WITH AL MILLER & SONS: ACTION: 1) Adopt Minute Order No. 7760, Approving Change Order No. 6 to Agreement No. A4858 in the amount of $564,900 to Al Miller & Sons Roofing, Inc. to re-roof the older portions of the Convention Center; and 2) Authorize the City Manager to execute all necessary documents. A4858. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.P. APPROVAL OF FINAL MAP 31940 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 43 SINGLE FAMILY HOMES AND 9 OPEN SPACE LOTS, LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21441 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31940 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5178. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Pougnet. 2.Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2005/2006 ANNUAL SLURRY SEAL, CITY PROJECT 05-19: Removed from the Consent Calendar for separate discussion. 2.R. ACCEPTANCE OF BOGERT TRAIL RIGHT-OF-WAY WITHIN ANDREAS HILLS PHASES 4 AND 5, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST: Removed from the Consent Calendar for separate discussion. City Council Minutes October 19,2005 Page 13 2.S. PROPOSED CHANGE ORDERS FOR EXPANDSION/HOLDROOM — SECURITY CHECKPOINT PHASE III (PART 2) AIP 3-06-0181-37, CHANGE ORDER NO. 2 TO AGREEMENT A4925 WITH ANTAR- COM/SYSTEMS INTEGRATION, INC., FOR ADDITIONAL CONSTRUCTION WORK; CHANGE ORDER NO. 1 TO AGREEMENT NO. A5094 WITH AMD CONSTRUCTION GROUP, INC., FOR ADDITIONAL CONSTRUCTION WORK; AMENDMENT NO. 12 TO AGREEMENT NO. A4382, WITH GENSLER ARCHITECTURAL SERVICES, FOR ADDITIONAL DESIGN WORK; AND CHANGE ORDER NO. 1 TO AGREEMENT NO. A5167, WITH SOUTHERN CALIFORNIA SOILS & TESTING, INC., FOR ADDITIONAL MATERIAL AND TESTING: Withdrawn from the Agenda at the request of staff. 2.T. EXPANSION TERMINAL/HOLDROOM-ADD CHECKPOINT PHASE III (PART 2), CITY PROJECT NO. 2005-10, AIP 3-06-0181-38: Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.J. COGENERATION PLANT ELECTRICAL CERTIFICATION SERVICES: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 19, 2005. The City Council discussed and/or commented on the feasibility of increasing the output of the plant and costs to operate. ACTION: 1) Adopt Minute Order No. 7757, Approving the purchase of testing, repair and certification services for the protective relays, circuit breakers, transformers and meters at the City's cogeneration facilities from Power Engineering Services Inc. in an amount not to exceed $42,000.00; and 2) Authorize the City Manager to execute any necessary documents to effectuate the purchases. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried. 2.K. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CRV MONTE SERENO, LP, RELATED TO CONSTRUCTION OF RIP-RAP CHANNEL LINING IMPROVEMENTS ALONG PALM CANYON WASH, IDENTIFIED AS PALM CANYON WASH, STAGE 6, TRACT NO. 30046, PROJECT NO. 6-0-0040-06: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 19, 2005. ACTION: 1) Adopt Minute Order No. 7758, Approving a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, and CRV Monte Sereno, L.P., a California limited City Council Minutes October 19,2005 Page 14 partnership, associated with the construction, operation, and maintenance of flood control improvements adjacent to the Palm Canyon Wash, identified as 'Palm Canyon Wash, Stage 6", Tract No. 30046, Project No. 6-0-0040-06, subject to final changes by the City Attorney and County Counsel; and 2) Authorize the City Manager to execute all necessary documents. A5175. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried. 21. AIRPORT CAPITAL PROJECTS, FAA AIP 3-06-0181-39, 5% LOCAL FUNDING MATCH, $118,900 BUDGET AMENDMENT: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated October 19, 2005. The City Council discussed and/or commented on the following: Airport Fund retained earnings and capital expenditure reserves. ACTION: Adopt Resolution No. 21439, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. 2.M. REHABILITATION OF COMMUTER APRON, CITY PROJECT 2005-11: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated October 19, 2005. The City Council discussed and/or commented on the following: engineers estimate and budget. ACTION: 1) Approve Minute Order No. 7759, Awarding to Granite Construction, the construction contract for the rehabilitation of commuter apron, City Project No. 2005-11, AIP 3-06-0181-39, in the amount of $2,178,000, subject to Federal Aviation Administration approval; and 2) Authorizing the City Manager to execute all necessary documents. A5176. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. 2.N. APPROVE BUDGET AMENDMENT OF $350,000 TO THE MOTOR VEHICLE REPLACEMENT RESERVES FOR THE PURCHASE OF CITY VEHICLES AND SPECIALIZED EQUIPMENT: Troy Butzlaff, Assistant City Manager Administration, provided background information as outlined in the staff report dated October 19, 2005. The City Council discussed and/or commented on the following: prior year vehicle purchases and current short-fall. City Council Minutes October 19,2005 Page 15 ACTION: Adopt Resolution No. 21440, "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. 2.Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2005/2006 ANNUAL SLURRY SEAL, CITY PROJECT 05-19: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 19, 2005. The City Council discussed and/or commented on certain streets needing additional work beyond slurry seal. ACTION: Adopt Minute Order No. 7761, Approving the plans, specifications and working details for the 2005/2006 Annual Slurry Seal, City Project 05-19, and authorizing staff to advertise and solicit bids. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried. 2.R. ACCEPTANCE OF BOGERT TRAIL RIGHT-OF-WAY WITHIN ANDREAS HILLS PHASES 4 AND 5, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 19, 2005. The City Council thanked the homeowner associations and staff for their efforts regarding this item and following through to completion. ACTION: 1) Adopt Resolution No. 21442 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING DEDICATIONS OF RIGHT-OF-WAY FOR BOGERT TRAIL FROM PROPERTY OWNERS WITHIN ANDREAS HILLS PHASES 4 AND 5, TRACT 8132, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST, AND THE DECLARATION OF BOGERT TRAIL BETWEEN REDFORD DRIVE AND ANDREAS HILLS DRIVE AS A PUBLIC STREET;" 2) Direct the Director of Planning Services to proceed with a variance as necessary to effectuate the dedication of Bogert Trail to the City as a public street, and the resulting creation of legal, non-conforming structures within the R-1-C Zone with regard to front yard setbacks; and 3) Authorize the City Manager to execute all necessary documents. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried. ACTION: Continue past the tentative 10:00 P.M. adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. City Council Minutes October 19,2005 Page 16 2.T. EXPANSION TERMINAL/HOLDROOM-ADD CHECKPOINT PHASE III (PART 2), CITY PROJECT NO. 2005-10, AIP 3-06-0181-38: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated October 19, 2005. The City Council discussed and/or commented on the following: packaging the program and repackage with a planned phase-in according to budget. ACTION: Adopt Minute Order No. 7762, Rejecting all bids and releasing bid bonds, and direct staff to re-package and re-bid the Expansion Terminal/Holdroom-Add Checkpoint Phase III (Part 2), City Project No. 2005-10, AIP 3-06-0181-38. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. 3. LEGISLATIVE: None. 4.. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. MEMORANDUM OF UNDERSTANDING — PALM SPRINGS POLICE MANAGEMENT ASSOCIATION: City Manager Ready provided background information as outlined in the staff report dated October 19, 2005. ACTION: Adopt Resolution No. 21443, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA), FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING." A5179. Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 5.13. AUTHORIZATION TO PURCHASE AND SALE OF PUBLIC ARTWORK BETWEEN THE CITY OF PALM SPRINGS AND BUSCHLEN MOWATT GALLERIES, LLC: City Manager Ready and John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated October 19, 2005. The City Council commented and/or discussed the following as it relates to the proposed purchase: vote of the Public Arts Commission and the City Council Minutes October 19,2005 Page 17 Airport Commission, funding mechanisms, artist background, moving one or more of the pieces, lack of interest and participation from other cities in the Valley. ACTION: 1) Adopt Minute Order No. 7763, Approving an Agreement with Buschlen Mowatt Galleries, LLC, to purchase public artwork of three Corten steel sculptures by Jean Claude Farhi in the amount of $190,000 subject to final approval of the City Attorney; 2) Adopt Resolution No. 21444 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06; and 3) Authorize the City Manager to execute the agreement. A5177. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: Councilmember Foat. ABSTAIN: None. ABSENT: None. 5.C. REAPPOINTMENTS TO THE CITY COUNCIL SUBCOMMITTEE FOR THE SDC, LLC TAHQUITZ CREEK GOLF COURSE HOTEL PROJECT: ACTION: Appoint Mayor Oden to the City Council Subcommittee for the SDC, LLC Tahquitz Creek Golf course Hotel Project. Motion Mayor Oden, seconded by Councilmember Mills and unanimously carried on a roll call vote. Mayor Oden left the dais at 10:27 P.M. 5.D. REQUEST FROM CABALLEROS TO PROVIDE POLICE SECURITY AND WAIVE COSTS FOR A BENEFIT CONCERT OCTOBER 22, 2005 FROM 6:00 TO 10:00 PM AT PALM SPRINGS HIGH SCHOOL: ACTION: Direct staff to provide the service and waive the associated costs/fees. Motion Councilmember Foat, seconded by Councilmember Mills and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet. NOES: Mayor Pro Tern McCulloch. ABSTAIN: None. ABSENT: Mayor Oden. Mayor Oden returned to the dais at 10:30 P.M. City Council Minutes October 19,2005 Page 18 C:OUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat requested a Study Session for the construction of Downtown and commented on the possibility of creating a Task Force regarding the sale of the Wastewater Treatment Plant. Councilmember Mills requested staff report on an Ordinance or a program/recommendations with respect to "Party Houses," short-term rentals in residential zones. Mayor Oden, Councilmember Pougnet and Councilmember Foat commented on short- term rentals. Councilmember Mills commented on scalping and directed staff to look at alternatives with CVAG. Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden commented on scalping. City Manager Ready recommended he request CVAG place this on a CVAG agenda to develop a model ordinance for the Coachella Valley. Mayor Pro Tern McCulloch requested the City Manager provide some recommendations for a letter or resolution regarding the recent closing of mental health facilities in the City of Palm Springs. Mayor Oden outlined the activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 10:47 P.M. to a City Council Cabinet Meeting at 6:00 P.M., Wednesday, October 26, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way. ND APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2 DAY OF NOVEMBER, 2005. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION/CABINET-COUNCIL MINUTES WEDNESDAY, OCTOBER 26, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:01 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tern McCulloch led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, and City Clerk Thompson. PRESENTATIONS: Mayor Oden and the City Council Proclaimed October 30, 2005 as Change your Smoke Alarm Batteries while Changing Your Clock day in the City of Palm Springs. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland stated the City Council did not hold a Closed Session prior to the Study Session. PUBLIC COMMENT: E=VAN MATZNER, Palm Springs, spoke regarding a development in Palm Springs and the placement of boulders near an adjoining property. RICHARD KAY, Palm Springs, spoke regarding the placement of boulders adjacent to his property on Milo drive in Palm Springs. TRISHA SANDERS, Palm Springs, commented on her campaign and the November 8tn election. C:OUNCILMEMBER COMMENTS AND REQUESTS: None. Councilmember Foat requested staff follow-up with resident Richard Kay. Mayor Pro Tern McCulloch commented on the Grand Opening of the Wal*Mart Super Center in Palm Springs, Councilmember Pougnet acknowledged City employees receiving complement cards in the month of October. City Council Minutes October 26,2005 Page 2 Mayor Oden acknowledged Councilmember Mills for his participation and award in the World Championship Senior Softball League in Palm Springs; and outlined the activities and events attended by the Mayor's office. Mayor Oden commented on the Roses for Rosa Parks memorial held at City Hall. Mayor Oden and the City Council requested the meeting be adjourned in memory of Rosa Parks. CITY MANAGER'S REPORT: None. SS1. COUNCIL/CABINET -- BOARD AND COMMISSION REPORTS: VillageFest Board: Scott Meredith, Vice Chair, VillageFest Board, provided an update to the City Council on the activities of the Board. Vice Chair Meredith reported on: the new coordinator, event safety and increased revenues, and vendor participation and success. The City Council discussed and/or commented on the following: moving vendors toward the center of the street, and a certified farmers market component. Public Arts Commission: Janice Kleinschmidt, Chair, Public Arts Commission, provided an update to the City Council on the activities of the Commission. Chair Kleinschmidt reported on: a stage installation at Desert Fashion Plaza and a backdrop of murals, Paints and Chutes Annual Art Show, future acquisitions at Sunrise Park, transferring of pieces to the newly renovated Convention Center, provided an update of art in- lieu projects and maintenance of the rain-maker fountain. The City Council discussed and/or commented on the annual amount expended for public art per year, independent appraisal or process when art is purchased, insurance of public art, and artwork installed at the Wal*Mart Super Center. Planning Commission: Dianne Marantz, Chair, Planning Commission, provided an update to the City Council on the activities of the Commission. Chair Marantz reported on: modifications to executive staff in the Planning Department, streamlining the agenda and study session process, and the neighborhood notification process. The City Council discussed and/or commented on the progress made on the noticing and public information, the positive comments from the community and developers. Parks and Recreation Commission: Lauri Aylaian, Chair, Parks and Recreation Commission, provided an update to the City Council on the activities of the Commission. Chair Aylaian reported on the parks element of the General Plan, improving the security and safety at City Council Minutes October 26,2005 Page 3 Sunrise Park, leaseback of O'Donnell Golf Course for use by the public, development of a policy to waive fees for special events, Golf Course Resort Hotel, and announced the upcoming events. The City Council requested the City Manager report on a new program in Sunrise Park; and discussed and/or commented on long-term safety solutions for our parks, batting cages at Demuth Park and the new Wellness Park. Library Board: Ronald Willison, Vice Chair, Library Board, provided an update to the City Council on the activities of the Board. Vice Chair Willison reported on: updating the collection and user policies, current news-events at the library and the blocking of certain sites on library computers, upcoming events and the new brochure, feasibility study for existing facility. The City Council congratulated staff and the Board for the new library calendar and upcoming events, and recommended the Library Board work with Public Arts Commission with regard to the placement of the sculpture between the Library and the Mizell Senior Center. Human Rights Commission: Joseph Aguanno, Chair, Human Rights Commission, provided an update to the City Council on the activities of the Commission. Chair Aguanno reported on: community forums held to hear concerns on topical issues in the Nation and local issues, community action projects, and mediation services offered to the community. The City Council discussed and/or commented on the `Hate Free City Project." Historic Site Preservation Board: William Scott, Vice-Chair, Historic Site Preservation Board, provided an update to the City Council on the activities of the Board. Vice-Chair Scott reported on: other organizations and committees in Palm Springs that participate in Historic Site Preservation, upcoming events, update on development projects, requested that one senior-planner position be designated to historic preservation for planning projects in the City. The City Council discussed and/or commented on the preservation of Class 3 Buildings as opposed to being on the Historic Site Survey, and training with the Realtor Boards in Palm Springs. Airport Commission: Robert Elsner, Chair, Airport Commission, provided an update to the City Council on the activities of the Commission. Chair Elsner reported on security, financial and budgetary report, air-service development and opportunities, improvement grants and capital improvements. City Council Minutes October 26,2005 F'age 4 Administrative Appeals Board: Bernard Sherwyn, Member, Administrative Appeals Board, provided an update to the City Council on the activities of the Board. Board Member Sherwyn reported on a recent appeal case and requested the City Council consider expanding the responsibilities of the Board to other areas and administrative citations. COUNCILMEMBER COMMENTS AND REPORTS: None. ADJOURNMENT: The City Council adjourned at 7:46 P.M. in memory of Rosa Parks to its next Regular Meeting at 6:00 P.M., Wednesday, November 2, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2'ND DAY OF NOVEMBER, 2005. MAYOR ATTEST: City Clerk