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HomeMy WebLinkAbout10/19/2005 - STAFF REPORTS CITY COUNCIL 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 � �FALM Sn��'F I OCTOBER 19, 2005 N 4:30 PM CLOSED SESSION 6:00 PM REGULAR MEETING ca<rroRN�� 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.oalm- sorings.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 normailly 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. 4:30 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: Palm Springs Air Force ROTC Junior Color Guard. INVOCATION: ROLL CALL: PRESENTATIONS: Administer Oath of Office to Police Officers Chad Albertson, Lembit Kulbin, and Andrew Sylleloglou. 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: 11. PUBLIC HEARINGS: I.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: RECOMMENDATION: 1. Open the public hearing, receive public testimony and property owner protests, for the proposed formation of Community Facilities District No. 2005-1 Public Safety Services and the authorization to levy a special tax within the territory proposed to be included in the District; 2. Adopt Resolution No. , "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 City Council Agenda October 19,2005 Page 3 AUTHORIZING THE SUBMITTAL OF LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS." 3. Adopt Resolution No. , "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. 2005-1 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." 4. Direct the City Clerk to open, tabulate and canvass all valid ballots received by the City Clerk for the formation of Community Facilities District 2005-1 (Public Safety Services) of the City of Palm Springs, and to announce the results and execute a Certificate of Election Returns. 5. Adopt Resolution No. "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." 6. Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 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)." 1.13. PROPOSED RESOLUTION INCREASING USER FEES FOR VILLAGEFEST: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCREASING USER FEES FOR VILLAGEFEST AND AUTHORIZING THE CITY CLERK TO INCORPORATE SUCH FEES IN THE COMPREHENSIVE FEE SCHEDULE." 1.C. PROPOSED ORDINANCE MODIFYING REGULATIONS FOR THE USE OF ALARMS AND ALARM SYSTEMS: RECOMMENDATION: 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. City Council Agenda October 19,2005 Page 4 1.1). 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: RECOMMENDATION: Adopt Resolution No. , "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." I.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): RECOMMENDATION: Adopt Resolution No. "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." 1.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: RECOMMENDATION: Adopt Resolution No. , "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 City Council Agenda October 19,2005 Page 5 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." 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: RECOMMENDATION: 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. 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 recess and reconvene as the City of Palm Springs Community Redevelopment Agency. COMMUNITY REDEVELOPMENT AGENCY CONSENT CALENDAR: RA1. APPROVAL OF MINUTES: RECOMMENDATION: Approve the Community Redevelopment Agency Minutes of October 5, 2005. RA2. APPROVAL OF A RESOLUTION SUPPORTING AN APPLICATION BY LINC HOUSING CORPORATION AND TAHQUITZ COURT APARTMENTS, L.P. A CALIFORNIA LIMITED PARTNERSHIP, FOR PROJECT FINANCING OF THE ACQUISITION (REFINANCING) AND REHABILITATION OF THE 108-UNIT TAHQUITZ COURT APARTMENTS, AND THE CONSTRUCTION OF A NEW City Council Agenda October 19,2005 Page 6 2,800 SQUARE FOOT COMMUNITY ROOM AT 2800, 2890, 2900 and 2990 EAST TAHQUITZ CANYON WAY INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $2,800,000 IN GAP FINANCING OVER 10 YEARS, DIRECTING STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT ("OPA'): RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY LINC HOUSING CORPORATION AND TAHQUITZ COURT APARTMENTS, L.P. A CALIFORNIA LIMITED PARTNERSHIP FOR PROJECT FINANCING OF THE ACQUISITION (REFINANCING) AND REHABILITATION OF THE 108-UNIT TAHQUITZ COURT APARTMENTS, THE CONSTRUCTION OF A NEW 2,800 SQUARE FOOT COMMUNITY ROOM AT 2800, 2890, 2900 and 2990 EAST TAHQUITZ CANYON WAY; INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $2,800,000 IN GAP FINANCING OVER 10 YEARS AND DIRECTING STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT ("OPA")." A 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 October 21, 2005, City Council Agenda. 2.13. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City Council Minutes of October 5, 2005, and October 12, 2005. 2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2005: RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period September 1 through September 30, 2005. 2.D. 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 1008307 THROUGH 1008596 IN THE AGGREGATE AMOUNT OF $3,611,638.88 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. , "A RESOLUTION OF THE City Council Agenda October 19,2005 Page 7 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. "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." 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): RECOMMENDATION: 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." 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: RECOMMENDATION: Waive further reading and adopt 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." 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: RECOMMENDATION: 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." 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: RECOMMENDATION: Waive further reading and adopt Ordinance No. 1675, "AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING City Council Agenda October 19,2005 Page 8 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." 2.1. AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FISCAL YEAR 2005-06: RECOMMENDATION: Adopt Resolution No. , "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." 2.J. COGENERATION PLANT ELECTRICAL CERTIFICATION SERVICES: RECOMMENDATION: 1) Adopt Minute Order No. , 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 exceed $42,000.00; and 2) Authorize the City Manager to execute any necessary documents to effectuate the purchases. 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: RECOMMENDATION: 1) Adopt Minute Order No. Approving a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, and CRV Monte Sereno, L.P., a California limited 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. 2.L. AIRPORT CAPITAL PROJECTS, FAA AIP 3-06-0181-39, 5% LOCAL FUNDING MATCH, $118,900 BUDGET AMENDMENT: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." 2.M. REHABILITATION OF COMMUTER APRON, CITY PROJECT 2005-11: RECOMMENDATION: 1) Approve Minute Order No. , 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; and 2) City Council Agenda October 19,2005 Page 9 Authorizing the City Manager to execute all necessary documents. A 2.N. APPROVE BUDGET AMENDMENT OF $350,000 TO THE MOTOR VEHICLE REPLACEMENT RESERVES FOR THE PURCHASE OF CITY VEHICLES AND SPECIALIZED EQUIPMENT: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." 2.0. CONVENTION CENTER PROJECT, RE-ROOFING CHANGE ORDER NO. 6 TO AGREEMENT NO. 4858 WITH AL MILLER & SONS: RECOMMENDATION: 1) Adopt Minute Order No. , 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. 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: RECOMMENDATION: 1) Adopt Resolution No. "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. 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: RECOMMENDATION: Adopt Minute Order No. 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. 2.R. ACCEPTANCE OF BOGERT TRAIL RIGHT-OF-WAY WITHIN ANDREAS HILLS PHASES 4 AND 5, SECTION 1, TOWNSHIP 5 SOUTH, RANGE 4 EAST: RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING DEDICATIONS OF RIGHT-OF-WAY FOR City Council Agenda October 19,2005 Page 10 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. 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: RECOMMENDATION: 1. Approve Minute Order No. Authorizing Change Order No. 2 to Agreement No. A4925 with Antar-Com/Systems Integration, Inc. to provide additional upgrades and enhancements to the Airport's Security and Access and Public Information Display Systems in the amount of$285,168.47, City Project No. 2003-17. 2. Approve Minute Order No. Authorizing Change Order No. 1 to Agreement No. A5094 with AMD Construction Group, Inc. to perform additional work on the Security Checkpoint Project in the amount of $304,147, City Project No. 2005-01. 3. Approve Minute Order No. Authorizing Amendment No. 12 to Agreement No. A4382, with Gensler Architectural Services for additional design work for the Expansion/Holdroom-Security Checkpoint Phase III (Part 2) in the amount of $150,000, City Project No. 2005-10. 4. Approve Minute Order No. Authorizing Change Order No. 1 to Agreement No. A5167, with Southern California Soils & Testing, Inc., to provide additional construction material testing for the Expansion/Holdroom-Security Checkpoint Phase III (Part 2) project in the amount of$11,540; City Project No. 2005-01. City Council Agenda October 19,2005 Page 11 5. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." 2.T. EXPANSION TERM I NAL/HOLDROOM-ADD CHECKPOINT PHASE III (PART 2), CITY PROJECT NO. 2005-10, AIP 3-06-0181-38; RECOMMENDATION: Adopt Minute Order No. , Rejecting all bids and releasing bid bonds, and direct staff to re-package and re-bid the Expansion Term inal/HoIdroom-Add Checkpoint Phase III (Part 2), City Project No. 2005-10, AIP 3-06-0181-38. (EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for :separate discussion are considered at this time. 3. LEGISLATIVE: None. 44. UNFINISHED BUSINESS: None. ;i. NEW BUSINESS: 5.A. MEMORANDUM OF UNDERSTANDING — PALM SPRINGS POLICE MANAGEMENT ASSOCIATION: RECOMMENDATION: Adopt Resolution No. , "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." 5.13. AUTHORIZATION TO PURCHASE AND SALE OF PUBLIC ARTWORK BETWEEN THE CITY OF PALM SPRINGS AND BUSCHLEN MOWATT GALLERIES, LLC: RECOMMENDATION: 1) Adopt Minute Order No. 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. "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. A i City Council Agenda October 19,2005 Page 12 5.C. REAPPOINTMENTS TO THE CITY COUNCIL SUBCOMMITTEE FOR THE SDC, LLC TAHQUITZ CREEK GOLF COURSE HOTEL PROJECT: RECOMMENDATION: Appoint a member of the City Council to the City Council Subcommittee for the SDC, LLC Tahquitz Creek Golf course Hotel Project. 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: RECOMMENDATION: Consider the request and direct staff as appropriate. 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 Cabinet Meeting at 6:00 P.M., Wednesday, September 28, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way. ,orvpLMsp� CITY OF PALM SPRINGS/CRA CLOSED SESSION AGENDA N PALM SPRINGS CITY HALL— SMALL CONFERENCE ROOM Wednesday, October 19, 2005 4:30 P.M. �SAORAIFO IFoe�`o- 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. 4109 E. Palm Canyon Drive—VIP Motors 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 Jerry Johnson, representing VIP Motors, and to give direction to its negotiator, David Ready, City Manager, relative to the price and terms of payment for commercial property located at 4109 E. Palm Canyon Drive. 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: None. CITY OF PALM SPRINGS ISSUES 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Golf Course Hotel — SECO/SDC A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Bill Swank, Sr., Managing Partner of SECO/SDC, and give direction to its negotiator, David Ready, City Manager, relative to that certain real property known as the Tahquitz Creek Legends Course Parking Lot and Driving Range, located on Golf Club Drive, regarding the price and terms of payment for this property. 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: A. Exposure to Litigation —Two Cases 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 two cases. 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. 5. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: One A. Lorrainie Hernandez v. William Fredrick Blohm, City of Palm Springs, et al., INC 047762 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 of Palm Springs is a party. The title of such litigation is as follows: Lorrainie Hernandez v. William Fredrick Blohm, Citv of Palm Springs, et al., Superior Court of California, Riverside County - Indio, Case Number INC 047762. 6. PERSONNEL MATTERS: A. Conference with Labor Negotiator— Represented Units A closed session will be held, pursuant to Government Code Section 54957.6, with David Ready, the City's labor negotiator, regarding negotiations with the General Unit. B. Conference with Labor Negotiator— Unrepresented Employees A closed session will be held, pursuant to Government Code Section 54957.6, with David Ready, the City's labor negotiator, regarding negotiations with unrepresented employees (Department Heads). 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 760/864-9527. POSTED 101141200.5