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HomeMy WebLinkAbout10/19/2005 - STAFF REPORTS (12) PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, OCTOBER 5, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern McCulloch called the meeting to order at 6:03 P.M. FLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Reverend Richard Drasen, Palm Springs Church for Today, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern McCulloch. ABSENT: Mayor Oden. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, City Treasurer Graves. PRESENTATIONS: Tom Spengler, CEO, Granicus Inc., provided a demonstration of video streaming capabilities. ACCEPTANCE OF THE AGENDA: Staff requested Item 2.G. and Item 2.K. be removed from the Consent Calendar for discussion. Mayor Pro Tern McCulloch noted his abstention on Warrant No. 1008084, as business related. Councilmember Pougnet requested Item 2.1. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Items 2.1. and 21. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.E. and 21. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his abstention on Consent Calendar Item 2..D. Ordinance No. 1671 as business related. ACTION: Approve the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried, noting the absence of Mayor Oden. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Pro Tern McCulloch called the meeting to order and the City Council recessed ITEM NO.��i City Council Minutes October 5,2005 Page 2 into Closed Session to discuss matters on the posted Closed Session Agenda. The City Council received reports and no reportable actions were taken. 1. PUBLIC HEARINGS: 1.A. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) CITY OF PALM SPRINGS AND TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $21,000,000: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 5, 2005. Mayor Pro Tern McCulloch opened the public hearing, no speakers coming forward the public hearing was closed. ACTION: 1. Adopt Resolution No. 21415, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AND ORDERING THE EXECUTION OF THAT CERTAIN JOINT COMMUNITY FACILITIES AGREEMENT WITH PALM SPRINGS CLASSIC, LLC AND DESERT WATER AGENCY; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH." A5170. 2. Adopt Resolution No. 21416, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS; AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS; ESTABLISHING AN APPROPRIATIONS LIMIT; AND TAKING CERTAIN OTHER ACTIONS RELATING TO SAID DISTRICT." 3. Adopt Resolution No. 21417, "A RESOLUTION 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, CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SAID DISTRICT THE QUESTION OF LEVYING OF A SPECIAL TAX AND ISSUANCE OF BONDED INDEBTEDNESS WITHIN THE DISTRICT." MOTION: Adopt Resolution Nos. 21415, 21416 and 21417. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Mayor Oden. City Council Minutes October 5,2005 Page 3 City Clerk Thompson opened the ballots received pursuant to Resolution No. 21417, tabulated the results and canvass of the Election and stated the results. Total Number of Eligible Votes: 196 Total Number of YES Votes: 196 Total Number of NO Votes: 0 City Clerk Thompson stated that 2/3rds majority vote (or 131 votes) were needed to proceed. 196 YES votes were received the City Council may proceed with formation of Community Facilities District No. 2005-2 by adopting the Resolutions and introducing the ordinance as set forth in the staff report. 5. Adopt Resolution No. 21418, "A RESOLUTION 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, DECLARING THE RESULTS OF A SPECIAL ELECTION ORDERING THE LEVYING OF A SPECIAL TAX WITHIN THE DISTRICT; AUTHORIZING THE ISSUANCE OF BONDED INDEBTEDNESS; AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN." 6. Adopt Resolution No. 21419, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, APPROVING AND ORDERING THE EXECUTION OF THAT CERTAIN ACQUISITION AND FUNDING AGREEMENT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH." 7. Introduce on first reading of 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." 8. Authorize the City Manager and Director of Finance to execute all necessary documents. MOTION: Adopt Resolution Nos. 21418 and 21419 and Introduce on first reading Ordinance No. 1672, and authorize the City Manager and Director of Finance to execute all necessary documents. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Mayor Oden. City Council Minutes October 5,2005 Page 4 Councilmember Mills stated he has a business related conflict of interest with Item 1.B., would not participate in the discussion or the vote and left Council Chamber at 6:22 P.M. 1.B. CASE 5.1065 / TTM33561 / CASE 5.1029 PD 315 — AN APPLICATION BY P.S. VENTURE INDIAN CANYON SAN RAFAEL, LLC FOR A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL COMMERCIAL (GC) DESIGNATION TO ALLOW RESIDENTIAL AND COMMERCIAL DEVELOPMENT AT THE PROPOSED SPECIFIC SITE ONLY, A TENTATIVE TRACT MAP TO SUBDIVIDE APPROXIMATELY 20 ACRES, AND A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT 211 RESIDENTIAL CONDOMINIUMS AND APPROXIMATELY 10,000 SQUARE FEET OF COMMERCIAL LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL, ZONE C-M, SECTION 35, APN 669-330- 038: Thomas Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated October 5, 2005. Mayor Pro Te rn em McCulloch opened the public hearing and the following speakers addressed the City Council. CANDANCE CASEY, representing Applicant, outlined the development project and requested City Council support. No further speakers coming forward the public hearing was closed. The City Council discussed and/or commented on the aspects of the report and the study. ACTION: Adopt Resolution No. 21420, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING CASE 5.1065 A GENERAL PLAN AMENDMENT TO CHANGE THE TEXT OF THE GENERAL COMMERCIAL (GC) LAND USE DESIGNATION TO ALLOW RESIDENTIAL USES FOR THE SUBJECT PROPERTY LOCATED AT THE NORTHEAST CORNER ON INDIAN CANYON DRIVE AND SAN RAFAEL, APPROVING CASE 5.1029 PLANNED DEVELOPMENT DISTRICT 315 ALLOWING RESIDENTIAL USE IN THE UNDERLYING C-M (COMMERCIAL MANUFACTURING) ZONE, THE CONSTRUCTION OF 211 RESIDENTIAL CONDOMINIUMS, THE CONSTRUCTION OF APPROXIMATELY 10,000 SQUARE FEET OF COMMERCIAL SPACE, APPROVING TENTATIVE TRACT MAP 33561 TO SUBDIVIDE APPROXIMATELY 20 ACRES TO CREATE A CONDOMINIUM LOT AND A COMMERCIAL LOT FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN City Council Minutes October 5,2005 Page 5 RAFAEL, ZONE C-M, SECTION 35, APN 669-330-038." Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch. NOES: None. ABSENT: Councilmember Mills and Mayor Oden. ABSTAIN: None. Councilmember Mills returned to Council Chamber at 6:38 P.M. PUBLIC COMMENT: BOB DANITZ, commented on the closing of the psychiatric facilities at Desert Medical Hospital. MICHELLE MARTIN, stated that families are not welcome in the City of Palm Springs and commented on conditions in the City's parks. ALICEN WONG, spoke on Item 2.1. regarding a Resolution of Public Convenience and Necessity for Wal*Mart and requested support of the City Council. TOM KIELEY, III, Veolia Water Agency, spoke on Item 2.G. and requested the City Council consider a one-year agreement with a one-year option. JIM GOOD, Veolia Water Agency, spoke regarding Item 2.G. and requested support of only a 30-day extension of the agreement. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Foat commented on the closing of the psychiatric facilities at Desert Medical Hospital and requested the City Manager place this item on an upcoming City Council agenda. CITY MANAGER'S REPORT: None. The City Council recessed at 6:54 P.M. and convened as the City of Palm Springs Community Redevelopment Agency. The City Council reconvened at 9:55 P.M. ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried. city Council Minutes October 5,2005 Page 6 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.H., and 2.J. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried noting the absence of Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the October 5, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of September 7, 2005, September 21, 2005, and September 28, 2005. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21421, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007985 THROUGH 1007994 IN THE AGGREGATE AMOUNT OF $33,048.77 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21422, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1008026 THROUGH 1008300 IN THE AGGREGATE AMOUNT OF $2,098,630.01 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21423, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 09-10-05 BY WARRANTS NUMBERED 409232 THROUGH 409312 TOTALING $84,515.83, LIABILITY CHECKS NUMBERED 1007995 THROUGH 1008025 TOTALING $132,401.65, TWO WIRE TRANSFERS FOR $60,711.32, AND THREE ELECTRONIC ACH DEBITS OF $808,655.58 IN THE AGGREGATE AMOUNT OF $1,086,284.38 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. 1008084. 2.1). SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1671, AMENDMENT TO TITLE 12, CHAPTER 12.56 RESTRICTED USE OF CERTAIN STREETS: ACTION: 1) Waive further reading; and 2) Adopt Ordinance No. 1671, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.56.042 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) ADDING TEN STREETS TO THE LIST OF STREETS WHERE COMMERCIAL VEHICLES EXCEEDING CERTAIN DESIGNATED WEIGHTS ARE PROHIBITED." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. City Council Minutes October 5,2005 Page 7 2.E. AUTHORIZING THE PURCHASE OF EQUIPMENT AND RELATED SERVICES FOR VIDEO STREAMING TO GRANICUS INC.: Removed from the Consent Calendar for separate discussion. 2.F. ESTABLISHING FRIENDSHIP TIES WITH THE CITY OF QINGYUAN, GUANGDONG PROVINCE, PEOPLE'S REPUBLIC OF CHINA: ACTION: Adopt Resolution No. 21424, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING FRIENDSHIP TIES WITH THE CITY OF QINGYUAN, GUANGDONG PROVINCE, PEOPLE'S REPUBLIC OF CHINA." Approved as part of the Consent Calendar. 2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A4123 WITH VEOLIA WATER NORTH AMERICA-WEST, LLC: Removed from the Consent Calendar for separate discussion. 2.H. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2005: ACTION: Receive and File Treasurer's Investment Report as of August 31, 2005. Approved as part of the Consent Calendar. 2.1. REQUEST BY GRESHAM, SAVAGE, NOLAN AND TILDEN FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL ALCOHOL AT THE WAL*MART SUPERCENTER LOCATED AT 5601 EAST RAMON ROAD, ZONE M-1, SECTION 20: Removed from the Consent Calendar for separate discussion. 2.J. SUPPLEMENTAL LEASE AGREEMENT NO. 3 TO GSA LEASE NO. GS-0913-01291 FOR NEW TRANSPORTATION SECURITY ADMINISTRATION (TSA) OFFICE SPACE CURRENTLY UNDER CONSTRUCTION, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A SUBSEQUENT SUPPLEMENTAL LEASE AGREEMENT TO ESTABLISH BENEFICIAL OCCUPANCY UNDER THE EXISTING LEASE RATES, CITY AGREEMENT NO. A4582: ACTION: 1) Adopt Minute Order No. 7753, Approving Supplemental Lease Agreement No. 3 to GSA Lease No. GS-09B-01291 for new TSA office space currently under construction and authorize the City Manager to enter into a subsequent Supplemental Lease Agreement to establish beneficial occupancy under the existing lease rates, City Agreement No. A4582; and 2) Authorize City Manager to execute all necessary documents. A4582. Approved as part of the Consent Calendar. 2.K. APPROVAL OF AMENDMENT NO. 4 TO THE CONTRACT SERVICES AGREEMENT WITH DMC DESIGN GROUP, INC., APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR "PHASE 1" OF THE MESQUITE AVENUE WIDENING PROJECT, CITY PROJECT 94-17: Removed from the Consent Calendar for separate discussion. City Council Minutes October 5,2005 Page 8 2.L. AWARD BID FOR WELLNESS PARK LANDSCAPE MAINTENANCE: Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.E. AUTHORIZING THE PURCHASE OF EQUIPMENT AND RELATED SERVICES FOR VIDEO STREAMING TO GRANICUS INC.: City Clerk Thompson provided background information as outlined in the staff report dated October 5, 2005. The City Council discussed and/or commented on the following aspects of the system and project: timing of the installation, total cost including cable/wiring installation, return on investment with staffing efficiencies. ACTION: 1) Approve Minute Order No. 7749, Waiving further competition and authorizing the purchase of video streaming equipment and related services to Granicus Inc. in the amount of $76,466.25; 2) Approve Minute Order No. 7750, Authorizing the purchase of two servers in the amount of $7,960.44 to Dell Computers; 3) Approve Minute Order No. 7751, Authorizing the installation of CAT5 and touchscreen devices in Council Chamber in the amount of $4,899.67 to Sound Image, Inc.; and 4) Authorize the City Manager to execute any necessary documents to effectuate the purchases. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote, noting the absence of Mayor Oden. 2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A4123 WITH VEOLIA WATER NORTH AMERICA-WEST, LLC: City Manager Ready provided background information as outlined in the staff report dated October 5, 2005. City Manager Ready requested the City Council amend the agreement allowing for only a 30-day extension. ACTION: 1) Adopt Minute Order No. 7752, Approving Amendment No. 5 to Agreement No. 4123 with Veolia Water North America-West, LLC extending the term of the agreement 30-days and making certain modifications to the original agreement. A4123; and 2) Authorize the City Manager to execute all documents necessary to effectuate the amendment to the agreement. A4123. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.1. REQUEST BY GRESHAM, SAVAGE, NOLAN AND TILDEN FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL ALCOHOL AT THE WAL*MART SUPERCENTER LOCATED AT 5601 EAST RAMON ROAD, ZONE M-1, SECTION 20: Thomas Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated October 5, 2005. City Council Minutes October 5,2005 Page 9 The City Council discussed "necessity" and removing the references to alcohol as the resolution of public convenience is for the sale of beer and wine. ACTION: Adopt Resolution No. 21425, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE WAL*MART LOCATED AT 5601 EAST RAMON ROAD, ZONE M-1, SECTION 20;" as amended to allow for only the sale of beer and wine. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried on a roll call vote. AYES: Councilmembers Mills and Pougnet, Mayor Pro Tern McCulloch. NOES: Councilmember Foat. ABSENT: Mayor Oden. ABSTAIN: None. 2:.K. APPROVAL OF AMENDMENT NO. 4 TO THE CONTRACT SERVICES AGREEMENT WITH DMC DESIGN GROUP, INC., APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR "PHASE 1" OF THE MESQUITE AVENUE WIDENING PROJECT, CITY PROJECT 94-17: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 5, 2005. The City Council discussed the conditions necessary for a completion bonus and timing of the project. ACTION: 1) Adopt Minute Order No. 7754, Approving Amendment No. 4 to Agreement No. 4724 with DMC Design Group, Inc., for an additional amount of $30,750.00, for a total contract price of $174,625.00; 2) Adopt Minute Order No. 7755, Approving the plans, specifications and working details for 'Phase V for the Mesquite Avenue Widening Project, CP 94-17, and authorizing staff to advertise and solicit bids; and 3) Authorize the City Manager to execute all necessary documents. A4724. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.L. AWARD BID FOR WELLNESS PARK LANDSCAPE MAINTENANCE: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated October 5, 2005. The City Council discussed and/or commented on the following with regard to the Wellness Park: installation of benches and exercise machines, irrigation and a hotline to call with irrigation problems. ACTION: 1) Adopt Minute Order No. 7756, Approving a contract for landscape maintenance of Wellness Park with Pac West Land Care, Inc in the amount of $3,177 per month for 8 months for a total cost of $25,416; and 2) Authorize the City Manager to execute all necessary documents. A5171. Motion City Council Minutes October 5,2005 Page 10 Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote noting the absence of Mayor Oden. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 9.61 TO CLARIFY VOLUNTARY PARCEL MERGERS: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 5, 2005. The City Council discussed and/or commented on the following as it relates to the proposed ordinance: lot mergers with regard to lot line adjustment and changes to the Sub.-division Map Act. ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce on first reading Ordinance No. 1673, "AN ORDINANCE OF CITY OF PALM SPRINGS 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." Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote, noting the absence of Mayor Oden. 3.13. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.22.020(B), REGARDING CERTAIN QUALIFICATIONS FOR VILLAGEFEST BOARD MEMBERS: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated October 5, 2005. ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce on first reading Ordinance No. 1674, "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 2.22.020(B), REGARDING CERTAIN QUALIFICATIONS FOR VILLAGEFEST BOARD MEMBERS." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Mayor Oden. 3.C. PROPOSED ORDINANCE REGULATING THE TYPE OF ANIMALS THAT CAN BE KEPT IN THE CITY: Police Chief Gary Jeandron provided background information as outlined in the staff report dated October 5, 2005. ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce on first reading 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." Motion Councilmember City Council Minutes October 5,2005 Page 11 Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Mayor Oden. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. SPONSORSHIP OF THE SENIOR SOFTBALL WORLD SERIES BIDS FOR 2006: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated October 5, 2005. ACTION: 1) Adopt Resolution No. 21426, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE SPONSORSHIP OF THE SENIOR SOFTBALL WORLD SERIES FOR 2006." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Mayor Oden. C:OUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet requested an update on the status of the Horizon Hotel and thanked Engineering Staff for the report on Traffic Calming. Mayor Pro Tern McCulloch commented on proposed increases in electric rates. ADJOURNMENT: The City Council adjourned at 10:41 P.M. to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., Wednesday, October 12, 2005, Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 1'91h DAY OF OCTOBER, 2005. MAYOR ATTEST: City Clerk IF PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED MEETING MINUTES WEDNESDAY, OCTOBER 12, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:08 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden 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, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Treasurer Graves, and City Clerk Thompson. PRESENTATIONS: None. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch 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 received reports and no reportable actions were taken. PUBLIC COMMENT: JANICE LYLE, Palm Springs, member of the Library Board, commented on Study Session Item SS1 regarding the Library Space Planning and requested the City Council support the expansion of the Library to meet the needs of Palm Springs for the future. RON WILSON, Palm Springs, President Pro Tern Library Board, outlined the process of the Board in relation to selection of a firm for Library space planning and feasibility study; requested the City Council support the study and proposal. MARY LOU FEENSTRA, Palm Springs, President Library Board, commented on study Session Item SS1 regarding the Library Space Planning Study and requested the City Council support the proposal. JANIE HUGHES, requested support of the Palm Springs Library Feasibility Study and proposal; stated Q3 would be donating wireless communications to the Library in the near future. JIM STUART, thanked staff for the excellent law enforcement protection for Bike weekend; commented on Political Signs throughout the City. City Council Minutes October 12,2005 Page 2 JONO HILDNER, Palm Springs, spoke regarding Item 5.A. New Year's Eve Celebration, stated his opposition for the City to spend $500,000 for a celebration while running a budget deficit. ARNOLD ROTMAN, Palm Springs, spoke in support of Study Session Item SS1 Library Space Planning Feasibility Study. JERRY BETZ, Palm Springs, spoke in support of the Library and commented on the Budget and in opposition to Item 5.A. spending $500,000 for a New Years Eve Celebration. TONI RINGLEIN, Palm Springs, spoke regarding Item 5.A. in opposition to a combined event for the Convention Center Opening and New Year's Eve celebration. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. STUDY SESSION: SS1. LIBRARY SPACE PLANNING FEASIBILITY STUDY FINDINGS AND RECOMMENDATIONS, PFEIFFER PARTNERS ARCHITECTS: Barbara Roberts, Director of Library Services, provided background information as outlined in the Memorandum dated October 3, 2005. Stephen Johnston, Pfeiffer Partners Architects, outlined the principal points of the Renovation and Expansion study and the potential costs. The City Council discussed and/or commented on the following aspects of the study and findings: location proximity to Sunrise Way, shared parking with the Boys and Girls Club, expanding the library to attract a satellite college facility, planning/increasing outdoor spaces, potential users of the increased meeting space, needs for potential expansion after the current proposed expansion, possible satellite locations in lieu of expanding the current facility. No action taken. The City Council recessed at 7:05 P.M. The City Council reconvened at 7:15 P.M. SS2. CONVENTION CENTER GRAND OPENING AND NEW YEAR'S EVE CELEBRATION: City Manager Ready and Mayor Oden provided information on the Convention Center Grand Opening and the proposed New Year's Eve Celebration. City Council Minutes October 12,2005 Page 3 The City Council discussed and/or commented on the following issues with regard to the proposed celebration: expenses of invited meeting planners, tribal contribution for sponsorship of a Fireworks celebration, projected revenues from SMG. No action taken. See Adjourned Meeting Item 5.A. 11. PUBLIC HEARINGS: 1.A. INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM DEVELOPMENT REGULATIONS FOR ONE YEAR FOR THE CHINO CONE AND ADJACENT AREAS PENDING THE COMPLETION OF STUDIES AND PREPARATION OF AN UPDATE OF THE CITY'S DEVELOPMENT REGULATIONS FOR THESE AREAS: Thomas Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated October 12, 2005. Mayor Oden opened the public hearing and the following speakers addressed the City Council. MICHAEL PETERSON, Walnut Creek, requested the City Council adopt the Urgency Ordinance in its current form without amendment. MICHAEL GRANT, Century Homes, requested the City Council adopt the Urgency Ordinance in its current form. MIKE MANDIAKIS, Century Homes, requested the City Council consider the Urgency Ordinance in its current form. DANA STEWART, Palm Springs, requested the City Council adopt the Urgency Ordinance in its current form. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following issues with respect to the extension of the urgency measures: the provisions if a final ordinance or General Plan modifications were not enacted in one- year, superseding the Urgency Ordinance if a final plan is developed before the expiration of the Urgency Ordinance, the definition of "threat to the public health, safety, or welfare," timing with the General Plan Revisions for this specific area and working with the Planning Center, and the current options for developers. ACTION: 1) Waive the reading of the Ordinance text in its entirety; and 2) Adopt Ordinance No. 1676, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM city Council Minutes October 12,2005 Page 4 DEVELOPMENT REGULATIONS FOR ONE YEAR FOR THE CHINO CONE AND ADJACENT AREAS PENDING THE COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE OF THE CITY'S DEVELOPMENT REGULATIONS FOR THESE AREAS." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. >_. CONSENT CALENDAR: None. J. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. AWARD OF NECESSARY AGREEMENTS FOR THE CONVENTION CENTER GRAND OPENING AND NEW YEAR'S EVE CELEBRATION: City Manager Ready provided background information as outlined in the Convention Center Grand Opening budget document presented. The City Council discussed and/or commented on the following issues with the respect to the grand opening and New Year's Eve celebration: history of the Year 2000 Downtown New Year's Eve event, fireworks display at the Convention Center, time constraints, cost of the gala event, citizen participation in an event, possible coordination with the Film Festival and including the meeting planner component in conjunction with the Film Festival, and aspects of the proposed budget. MOTION: Defer action on establishing a budget and refer back to the City Council subcommittee to recommend an alternate type of event. Motion Councilmember Foat, failed for a lack of a second. No action taken. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet requested the City Council prioritize Commission appointments. Mayor Pro Tern McCulloch recognized those observing Yom Kippur. Councilmember Mills announced the Palm Springs High School Homecoming events. Councilmember Mills commented on Political Signs and requested code enforcement staff enforce the ordinance. Mayor Oden outlined the activities and events attended by the Mayor's Office and commented on the Mr. Gay International contest. City Council Minutes October 12,2005 Page 5 Mayor Oden requested the City Manager provide a community-wide presentation from the class at Southern California Institute of Architects performing research and studies on the City of Palm Springs. Mayor Oden and the City Council requested the meeting be adjourned in memory of Tom Suitt. ADJOURNMENT: The City Council adjourned at 8:44 P.M. in memory of Tom Suitt to its next Regular Meeting at 6:00 P.M., Wednesday, October 19, 2005, City Hall Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 19T" DAY OF OCTOBER, 2005. MAYOR ATTEST: City Clerk