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HomeMy WebLinkAbout10/5/2005 - STAFF REPORTS (9) PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 7, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:14 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Rev. Daniel Manriquez, The Father's House Christian Center led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, City Treasurer Graves. PRESENTATIONS: California Highway Patrol presented 10851 Awards to Palm Springs Police Officers Simon Min and Erik Larson. Police Chief Jeandron presented a Citizen Commendation to Julie Hesson and Greg Englund. Mayor Oden and the City Council thanked them for their response and assistance regarding a recent crime in Palm Springs. Police Chief Jeandron presented a Citizen Medal of Valor to Ryan Jeffers and Lamont Thompson. Mayor Oden and the City Council thanked them for their response and assistance regarding a recent crime in Palm Springs. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff has requested Community Redevelopment Agency Item RA.2. be tabled to September 21 , 2005. Mayor Pro Tern McCulloch noted his abstention on Warrant Nos. 1006611, 1007224, 1007550 Consent Calendar Item 2.D. as business related. Councilmember Mills requested Items 2.1., 2.K., and 2.M be removed from the Consent Calendar for separate discussion, and noted his abstention on Item 2.Y. as business related. Councilmember Pougnet requested Items 2.1., 2.N., 2.Q., and 2.Y. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Items 2.G., 2.K., 2.S., and 2.W. be removed from the Consent Calendar for separate discussion. Item No. 2 . B . City Council Minutes September 7,2005 Page 2 MOTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:00 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 was unable to hear Personal Matters with the General Unit. The City Council received reports, and no reportable actions were taken. 1. PUBLIC HEARINGS: I.A. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) CITY OF PALM SPRINGS; AND TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $21,000,000; AND APPROVAL OF A JOINT COMMUNITY FACILITIES AGREEMENT WITH DESERT WATER AGENCY: Mayor Oden opened the public hearing. ACTION: Continue the Public Hearing to October 5, 2005; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Foat, seconded by Mayor Pro Tom McCulloch and unanimously carried. 1.B. CASE 5.0975 (RELATED CASES TTM 31905, VARIANCE 6.473), AN APPLICATION BY PALM SPRINGS MARQUIS, LLC, FOR A DEVELOPMENT AGREEMENT WHICH INCLUDES A FINANCIAL IMPACT MITIGATION FEE, AN AGREEMENT BY THE APPLICANT TO PAY CERTAIN INFRASTRUCTURE, LANDSCAPING, LIGHTING, AND MAINTENANCE EXPENSES, AND MEMORIALIZING PROPERTY EXPECTATIONS OF THE CITY AND DEVELOPER, LOCATED AT 190 SOUTH CALLE ENCILIA: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 7, 2005. Mayor Oden opened the public hearing, and the following speaker addressed the City Council. ROXANN PLOSS, Palm Springs, stated she has no objections and commented on the FIM fees and the equity between Transient Occupancy Taxes. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following issues relating the Development Agreement: number of net parking spaces City Council Minutes September 7,2005 Page 3 gained, term of the agreement, parking, date to be changed on page 8 of the agreement section 5.2(a), Financial Impact Mitigation (FIM) fees. ACTION: 1) Adopt Resolution No. 21386, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM SPRINGS MARQUIS, LLC, WHICH INCLUDES A FINANCIAL IMPACT MITIGATION FEE, AN AGREEMENT BY THE APPLICANT TO PAY CERTAIN INFRASTRUCTURE, LANDSCAPE, LIGHTING, AND MAINTENANCE EXPENSES, AND MEMORIALIZING PROPERTY EXPECTATIONS OF THE CITY AND DEVELOPER" amending Section 5.2(a) to reflect the correct commencement date and 2) Authorize the City Manager to execute all necessary documents. A5150. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 1.C. CASE TTM33542 / 5.1038 PD-310 — AN APPLICATION BY VIA ESCUELA LAND PARTNERS, LLC FOR TENTATIVE TRACT MAP 33542 AND PLANNED DEVELOPMENT DISTRICT 310 A TENTATIVE TRACT MAP IS A ONE LOT CONDOMINIUM MAP OF APPROXIMATELY 1.57 ACRES AND A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT TWELVE RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY ZONE, LOCATED AT THE SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON DRIVE, ZONE C-1 AND R-3, SECTION 3, APN 504-310-035: Craig Ewing, Director of Planning, provided background information as outlined in the staff report dated September 7, 2005. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. SKIP GOODELL, Cathedral City, Architect for the Project, provided details on additional space in the courtyards, addressed sound mitigation measures and landscaping. MARK DUPONT, La Qunita, thank the Planning Staff, and requested City Council approval of the project. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following issues relating to the project: no pools or individual unit landscaping has been indicated on the landscape plan, sound mitigation measures, incorporating the Sun Line Bus Stop. ACTION: Adopt Resolution No. 21387, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE TRACT MAP 33542 AND CASE NO. 5.1038 — City Council Minutes September 7,2005 Page 4 PD310, FOR A TENTATIVE TRACT MAP FOR A ONE LOT CONDOMINIUM MAP OF APPROXIMATELY 1.57 ACRES AND A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT TWELVE RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY ZONE, LOCATED AT THE SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON DRIVE, ZONE C-1 AND R-3, SECTION 3, APN 504-310-035" as amended by modifying condition 12 to include a streetscape plan, conditions 67 and 77 by adding a sentence 'The landscape and pool features associated with Unit 7 shall be adjusted to accommodate the required easement' and adding condition 82 to read as indicated in the Memorandum dated September 7, 2005. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. Councilmember Foat stated she has a conflict of interest by proximity for Item 1.D., she owns property within 500 feet of the project, will not participate in the discussion or the vote and left Council Chamber at 7:04 P.M. 1.D. CASE TTM31104 AND 5.1049 — AN APPLICATION BY NEJAT KOHAN TO SUBDIVIDE APPROXIMATELY 1.46 ACRES FOR HOTEL AND RESIDENTIAL CONDOMINIUM USE — THE CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF HOTEL TO CONDOMINIUMS AND THE CONSTRUCTION OF RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY, LOCATED AT 640 NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 11, APN 507- 183-006: Craig Ewing, Director of Planning, provided background information as outlined in the staff report dated September 7, 2005. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. NEJAT KOHAN, APPLICANT, requested City Council support of the project. ROXANN FLOSS, Palm Springs, spoke in support of the project. RANDALL ERICKSON, Palm Springs, spoke in support of the project. SKIP GOODELL, Cathedral City, stated the project is now a CUP not a PUD; commented on the street width and requested support of the project. JOE LUISI, commented on the financial viability of the project, requested City Council support. DANA STEWART, Palm Springs, stated her support for the project. City Council Minutes September 7,2005 Page 5 BOB EVANS, Palm Springs, requested some traffic calming measures and stated his support for the project. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following issues relating the project: approval or review by the Historic Site Preservation Board, alignment of the curb on Indian Canyon, equity in the amount of environmental work, Engineering Condition 6, aggressive schedule, turnaround of the project, width of the curb, parking lane, traffic speed, issuance of a covenant for future street and curb enhancements. ACTION: Adopt Resolution No. 21388, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 31104 TO SUBDIVIDE APPROXIMATELY 1.46 ACRES TO RENOVATE THE HOTEL, CONVERT A PORTION OF THE HOTEL TO CONDOMINIUMS, AND CONSTRUCT NEW CONDOMINIUMS, LOCATED AT 640 NORTH INDIAN CANYON, ZONE R-3, SECTION 11 , APN 507-183-006" amending the time schedule in the conditions to reflect as indicated in the staff report and the conditions to provide for the issuance of a covenant for possible future street and curb enhancements and modifications. Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and carried on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSTAIN: None. ABSENT: Councilmember Foat. Councilmember Foat returned to Council Chamber at 7:41 P.M. Councilmember Mills stated he has a business related conflict of interest with Item 1.E., would not participate in the discussion or the vote and left Council Chamber at 7:42 P.M. I.E. CASE 5.1065 / 61 / 5.1029 — AN APPLICATION BY P.S. VENTURE INDIAN CANYON SAN RAFAEL, LLC FOR A GENERAL PLAN AMENDMENT TO CHANGE THE DESIGNATION FROM GENERAL COMMERCIAL (GC) ALLOWING 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 City Council Minutes September 7,2005 Page 6 DRIVE AND SAN RAFAEL, ZONE C-M, SECTION 35, APN 669-330- 038: Craig Ewing, Director of Planning, provided background information as outlined in the staff report dated September 7, 2005. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. CANDANCE CASEY, Palm Springs, outlined the amenities of the project and requested support. MARVIN ROOS, Palm Springs, addressed the General Plan aspects of the project and the zoning request. The City Council discussed and/or commented on the following issues relating the project: commercial space, review of the General Plan Committee, available commercial space. ACTION: Continue to October 5, 2005. Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, and Mayor Oden. NOES: Mayor Pro Tern McCulloch. ABSTAIN: None. ABSENT: Councilmember Mills. The City Council recessed at 8:05 P.M. The City Council reconvened at 8:19 P.M. Councilmember Mills returned to Council Chamber. PUBLIC COMMENT: DANIA DUKE, spoke in support of Item 2.Q., American Heat, Palm Springs Motorcycle and Hot Rod Weekend. KEVIN JOHNSON, Palm Springs, requested the City Council consider fair and living wages with its dealings with developers and businesses. NICK HORD, Palm Springs, request the City Council postpone its vote on Item RA2 agreement to negotiate with the Oasi Group. CANDY CORBETT, Palm Springs, commented on Item RA2 and requested information on any assistance the City will provide to the developer. ROXANN PLOSS, Palm Springs, requested information on the City's Disaster Plan and the use of the ONI for the best outcome of emergency preparedness. City Council Minutes September 7,2005 Page 7 MIKE WILLS, commented on Item 3.A. Establishment of a Community Facilities District for public safety services. DANA STEWART, Palm Springs, spoke regarding SB557 and the sale of the wastewater treatment plan, spoke in opposition to Item 2.S. award of contract to G & M Construction. JOY MEREDITH, Palm Springs, thanked staff and commented on the support provided to the Downtown area and businesses; commented on a new BOLT program (Businesses Open Late Thursday). COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Foat and Councilmember Mills commented on Hurricane Katrina and the relief efforts. Councilmember Mills requested staff investigate and provide for agencies to advertise relief efforts on City Channel 17 and invited the public to assist and provide ideas to assist the "Jazz" industry during the relief efforts. Mayor Oden commented on Hurricane Katrina and the relief efforts, thanked staff and the Bureau of Tourism who have provided support. Mayor Oden requested updates on Rental Inspection Program, status of Neighborhood Involvement Ordinance, Neighborhood Improvement Code Enforcement Empowerment Program, and the China Friendship Program. CITY MANAGER'S REPORT: City Manager Ready requested Al Smoot and Mike Montana provide the City Council a report on the Convention Center Project. AI Smoot and Mike Montana presented the City Council with the Certificate of Occupancy. City Manager requested Fire Chief Goetz provide a report to the City Council on the August 27, 2005 brush fire in Palm Springs. Councilmember Foat requested a Study Session be held on the City's Disaster Response Plan and include Public Information and PSCTV Channel 17. The City Council recessed at 9:06 P.M. and convened as the City of Palm Springs Community Redevelopment Agency. The City Council reconvened at 9:16 P.M. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.J., 21., 2.0., 2.P., 2.R., 27., 2.U., 2.V., 2.X., and 22. Motion Councilmember Mills, seconded by Mayor Pro Tem McCulloch and unanimously carried on a roll call vote. City Council Minutes September 7,2005 Page S 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the September 7, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of July 20, 2005. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR JULY 2005: ACTION: Receive and file Staff Authorized Agreements covering the period July 1 through July 31, 2005. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1. Adopt Resolution No. 21389 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-16-05 BY WARRANTS NUMBERED 408893 THROUGH 408975 TOTALING $95,261.96, LIABILITY CHECKS NUMBERED 1006814 THROUGH 1006842 TOTALING $133,897.68, FOUR WIRE TRANSFERS FOR $184,592.41 AND THREE ELECTRONIC ACH DEBITS OF $989,943.46 IN THE AGGREGATE AMOUNT OF $1,403,695.51 DRAWN ON BANK OF AMERICA." 2. Adopt Resolution No. 21390 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-30-05 BY WARRANTS NUMBERED 408976 THROUGH 409060 TOTALING $85,683.21, LIABILITY CHECKS NUMBERED 1007133 THROUGH 1007161 TOTALING $132,404.90, TWO WIRE TRANSFERS FOR $65,320.75 AND THREE ELECTRONIC ACH DEBITS OF $828,663.36 IN THE AGGREGATE AMOUNT OF $1,112,072.22 DRAWN ON BANK OF AMERICA." 3. Adopt Resolution No. 21391 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 08-13-05 BY WARRANTS NUMBERED 409061 THROUGH 409147 TOTALING $90,023.49, LIABILITY CHECKS NUMBERED 1007458 THROUGH 1007486 TOTALING $132,598.33, TWO WIRE TRANSFERS FOR $56,125.75 AND THREE ELECTRONIC ACH DEBITS OF $930,301.39 IN THE AGGREGATE AMOUNT OF $1,209,048.96 DRAWN ON BANK OF AMERICA." City Council Minutes September 7,2005 Page 9 4. Adopt Resolution No. 21392 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1006544 THROUGH 1006813 IN THE AGGREGATE AMOUNT OF $2,766,022.01 DRAWN ON BANK OF AMERICA." 5. Adopt Resolution No. 21393 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1006843 THROUGH 1006843 IN THE AGGREGATE AMOUNT OF $136,999.60 DRAWN ON BANK OF AMERICA." 6. Adopt Resolution No. 21394 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1006843A THROUGH 1007132 IN THE AGGREGATE AMOUNT OF $2,664,134.13 DRAWN ON BANK OF AMERICA." 7. Adopt Resolution No. 21395 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007162 THROUGH 1007457 IN THE AGGREGATE AMOUNT OF $3,480,187.93 DRAWN ON BANK OF AMERICA." 8. Adopt Resolution No. 21396 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007487 THROUGH 1007727 IN THE AGGREGATE AMOUNT OF $3,409,928.35 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern McCulloch on Warrant Nos. 1006611, 1007224, and 1007550 as business related. 2.E. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2005: ACTION: Receive and File Treasurer's Investment Report as of June 30, 2005. Approved as part of the Consent Calendar. 2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1670 ADDING PARAGRAPH 12 TO SUBSECTION C OF SECTION 93.20.05 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO RELOCATION OF OFFSITE ADVERTISING DISPLAYS: ACTION: 1) Waive further reading; and 2) Adopt Ordinance No. 1670, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING PARAGRAPH 12 TO SUBSECTION C OF SECTION 93.20.05 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE RELOCATION OF OFFSITE ADVERTISING DISPLAYS." Approved as part of the Consent Calendar. 2.G. DONATION TO THE POLICE DEPARTMENT OF 22 H & K MP5 RIFLES AND ASSOCIATED EQUIPMENT FROM THE JACKSON TOWNSHIP POLICE DEPARTMENT, JACKSON TOWNSHIP, NEW JERSEY: Removed from the Consent Calendar for separate discussion. 2.H. ENTER INTO NON-BINDING FIRST-SOURCE HIRING AGREEMENT WITH THE WORKFORCE DEVELOPMENT CENTERS OF RIVERSIDE COUNTY (WDC): ACTION: 1) Adopt Minute Order No. 7726, Approving the non-binding First-Source Hiring Agreement with the Workforce Development Centers of Riverside County; and 2) Authorize the City Manager to execute the Agreement. A5162. Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC: Removed from the Consent Calendar for separate discussion. 2.J. PURCHASE OF ENCRYPTION PACKAGE FOR THE POLICE DEPARTMENT'S MOBILE DATA COMPUTERS: ACTION: 1) Adopt Minute Order No. 7727, Approving the purchase of an encryption package from Advanced Digital Systems, Inc., in the amount of $31,201.88; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.K. FISCAL YEAR 2004-05 ANNUAL SLURRY SEAL, CONSTRUCTION CHANGE ORDER NO. 2: Removed from the Consent Calendar for separate discussion. 2.L. SHORT-TERM EXTENSION OF WASTEWATER SERVICES AGREEMENT: ACTION: 1) Adopt Minute Order No. 7729, Approving Amendment No. 4 to Agreement No. A4123 with Veolia Water North America-West, LLC (formerly US Filter Operating Services Incorporated) extending the term of the agreement through October 7, 2005 to facilitate further negotiations; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A4123. Approved as part of the Consent Calendar. 2.M. SYSTEM SUPPORT FOR POLICE DEPARTMENT COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM: Removed from the Consent Calendar for separate discussion. City Council Minutes September 7,2005 Page 11 2.N. AWARD OF CONTRACT SERVICES AGREEMENT TO JOHN F. BROWN COMPANY FOR AVIATION FINANCIAL CONSULTING SERVICES FOR THE IMPLEMENTATION OF A CUSTOMER FACILITY CHARGE AT THE PALM SPRINGS INTERNATIONAL AIRPORT: Removed from the Consent Calendar for separate discussion. 2.0. LICENSE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS AIR MUSEUM: ACTION: 1) Adopt Minute Order No. 7732, Approving a license agreement between the City of Palm Springs and the Palm Springs Air Museum; and 2) Authorize the City Manager to execute all necessary documents. A5152. Approved as part of the Consent Calendar. 2.P. AMENDMENT NO. 3 TO AGREEMENT NO. A3514 WITH STANDARD PARKING FOR AN ADDITIONAL THREE (3) MONTH PERIOD FOR PARKING LOT MANAGEMENT SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: 1) Adopt Minute Order No. 7733, Authorizing Amendment No. 3 to Agreement No. A3514 with Standard Parking for the purpose of operating the parking lot under the same management structure for an additional three (3) month period due to the extension of the submission deadline for Request for Proposal (RFP 01-06) seeking qualified operators for parking lot management services at the Palm Springs International Airport; and 2) Authorize the City Manager to execute all necessary documents. A3514. Approved as part of the Consent Calendar. 2.Q. PUBLIC SAFETY COSTS FOR 2005 AMERICAN HEAT, PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND: Removed from the Consent Calendar for separate discussion. 2.R. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 016-M WITH THE STATE OF CALIFORNIA FOR USE OF SURFACE TRANSPORTATION PROGRAM (STP) FEDERAL FUNDS FOR THE INDIAN CANYON DRIVE WIDENING, CITY PROJECT 01-25: ACTION: 1) Adopt Resolution No. 21398 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 016-M TO ADMINISTER AGENCY-STATE AGREEMENT NO. 08-5282 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $398,000 ($263,000 STP FEDERAL FUNDS / $135,000 REGIONAL MEASURE A FUNDS), FOR THE INDIAN CANYON DRIVE WIDENING, STATE PROJECT STPLN- 5282(023), CITY PROJECT 01-25, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager to execute all necessary documents. A5153. Approved as part of the Consent Calendar. City Council Minutes September 7,2005 Page 12 2.S. AWARD TO G&M CONSTRUCTION, FOR THE CONSTRUCTION OF THE NON-REVENUE TERMINAL PARKING AT THE PALM SPRINGS INTERNATIONAL AIRPORT, CITY PROJECT NO. CP2004-07, IN THE AMOUNT OF $549,948: Removed from the Consent Calendar for separate discussion. 2.T. APPROVE VEHICLE CONVERSION FOR POLICE DEPARTMENT OPERATIONS: ACTION: Adopt Minute Order No. 7736, Waiving further competition and awarding vehicle conversion services to ThunderWorks Mobile Engineering Technologies in an amount not-to-exceed $50,000. Approved as part of the Consent Calendar. 2.U. APPROVAL OF FINAL MAP 31514 AND SUBDIVISION AGREEMENT WITH CRV PALM SPRINGS, L.P., FOR 62 SINGLE FAMILY HOMES AND 7 OPEN SPACE LOTS, LOCATED AT 3255 EAST PALM CANYON DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21399 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31514 FOR PROPERTY LOCATED AT 3255 EAST PALM CANYON DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CRV PALM SPRINGS, L.P.;" and 2) Authorize the City Manager to execute all necessary documents. A5155. Approved as part of the Consent Calendar. 2.V. APPROVE MODIFIED COPIER LEASE PROGRAM: ACTION: 1) Adopt Minute Order No. 7737, Rescinding Agreement No. A4602 the current 5-year lease agreement and approving a new 5-year lease agreement for copiers with Canon Business Solutions West, Inc., in the amount of $8,084.50 per month plus $.006 per copy for maintenance for a total amount not to exceed $575,070; and 2) Authorize the City Manager to execute all necessary documents. A5156. Approved as part of the Consent Calendar. 2.W. RESIGNATION OF JACCI TUTUNJIAN FROM THE VILLAGEFEST BOARD: Removed from the Consent Calendar for separate discussion. 2.X. RESIGNATION OF TIM BROWN FROM THE HUMAN RIGHTS COMMISSION: ACTION: Accept with regret the resignation of Tim Brown from the Human Rights Commission. Approved as part of the Consent Calendar. 2.Y. AUTHORIZE TRANSFER OF $200,000 TO CAPITAL PROJECTS FUND FOR CONVENTION CENTER EXPANSION: Removed from the Consent Calendar for separate discussion. City Council Minutes September 7,2005 Page 13 22. AMENDING THE CITY'S HEALTH RETIREMENT SAVINGS PLAN TO ALLOW FOR EMPLOYER CONTRIBUTIONS: ACTION: Adopt Minute Order No. 7738, Authorizing the Director of Finance and Treasurer to amend the Retirement Health Saving Plan with ICMA Retirement Corporation and allow for City contributions. Approved as part of the Consent Calendar. Mayor Oden left Council Chamber and the meeting at 9:18 P.M. EXCLUDED CONSENT CALENDAR: 2.G. DONATION TO THE POLICE DEPARTMENT OF 22 H & K MP5 RIFLES AND ASSOCIATED EQUIPMENT FROM THE JACKSON TOWNSHIP POLICE DEPARTMENT, JACKSON TOWNSHIP, NEW JERSEY: The City Council thanked Jackson Township for the donation. ACTION: Adopt Resolution No. 21397 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING WITH GRATITUDE THE DONATION TO THE POLICE DEPARTMENT 22 H & K MP5 RIFLES AND ASSOCIATED EQUIPMENT FROM THE JACKSON TOWNSHIP POLICE DEPARTMENT, JACKSON TOWNSHIP, NEW JERSEY." Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried noting the absence of Mayor Oden. 2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC: John Raymond, Director of Economic and Community Development, provided background information as outlined in the staff report dated September 7, 2005. The City Council asked if this item was discussed by the Public Arts Commission. ACTION: Table and refer to the Public Arts Commission. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried noting the absence of Mayor Oden. 2.K. FISCAL YEAR 2004-05 ANNUAL SLURRY SEAL, CONSTRUCTION CHANGE ORDER NO. 2: The City Council recommended staff use City Channel 17 to inform residents of streets being slurry sealed. ACTION: 1) Adopt Minute Order No. 7728, Approving Construction Change Order No. 2 to Agreement No. A5053 with Bond Blacktop, Inc., in the amount of $26,280.20, for the Fiscal Year 2004-05 Annual Slurry Seal Project, City Project 05-02; and 2) Authorize the City Manager to execute all necessary documents. A5053. Motion Councilmember Foat, seconded by Councilmember Pougnet City Council Minutes September 7,2005 Page 14 and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.M. SYSTEM SUPPORT FOR POLICE DEPARTMENT COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM: The City Council discussed and/or commented on the following issues: staff initiating the request, accountability for the system and operational readiness of the system. ACTION: 1) Adopt Minute Order No. 7730, Approving the purchase of software support and maintenance for the Police Department's Computer Aided Dispatch and Records Management System with Tiburon, Incorporated for a one-year period (FY 2005-06) in the amount of $79,159; and 2) Authorize the City Manager to execute all necessary documents. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.N. AWARD OF CONTRACT SERVICES AGREEMENT TO JOHN F. BROWN COMPANY FOR AVIATION FINANCIAL CONSULTING SERVICES FOR THE IMPLEMENTATION OF A CUSTOMER FACILITY CHARGE AT THE PALM SPRINGS INTERNATIONAL AIRPORT: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated September 7, 2005. The City Council discussed and/or commented on the following relating to the agreement: customer facility charge being a transaction fee for the rental car industry for new rental car facilities at the Airport, paid for by persons renting vehicles; and the vote of the Airport Commission. ACTION: 1) Adopt Minute Order No. 7731, Awarding a contract services agreement to John F. Brown Company for Aviation Financial Consulting Services for the Implementation of a Customer Facility Charge at the Palm Springs International Airport; and 2) Authorize the City Manager to execute all necessary documents, subject to approval of the City Attorney. A5151. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.Q. PUBLIC SAFETY COSTS FOR 2005 AMERICAN HEAT, PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND: The City Council discussed the cost of off-site venue costs, should have been requested and discussed when the contract was heard by the City Council, return on investment, and venue. The City Council encouraged the Promoter and Staff to work with Main Street for a change of venue to Indian Canyon for future events. City Council Minutes September 7,2005 Page 15 ACTION: Adopt Minute Order No. 7734, Authorizing the City Manager to modify and execute a Sponsorship Agreement, approved by the City Council via Minute Order No. 7718, July 20, 2005 with Road Shows, Inc. to produce the event and cap the annual reimbursement of City support costs at $24,000. A5143. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.S. AWARD TO G&M CONSTRUCTION, FOR THE CONSTRUCTION OF THE NON-REVENUE TERMINAL PARKING AT THE PALM SPRINGS INTERNATIONAL AIRPORT, CITY PROJECT NO. CP2004-07, IN THE AMOUNT OF $549,948: ACTION: 1) Adopt Minute Order No. 7735, Awarding a construction Contract to G&M Construction, for the Non-Revenue Terminal Parking, City Project No. CP2004-07, in the amount of $549,948; and 2) Authorize the City Manager to execute all the necessary documents in a form acceptable to the City Attorney. A5154. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried noting the absence of Mayor Oden. 2.W. RESIGNATION OF JACCI TUTUNJIAN FROM THE VILLAGEFEST BOARD: The City Council requested the VillageFest Board review the criteria of their members and the number of members on the Board. ACTION: Accept with regret the resignation of Jacci Tutunjian from the VillageFest Board and direct staff to review the requirements and the number of members of the Board and return to the City Council. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried noting the absence of Mayor Oden. 2.Y. AUTHORIZE TRANSFER OF $200,000 TO CAPITAL PROJECTS FUND FOR CONVENTION CENTER EXPANSION: ACTION: Adopt Resolution No. 21400, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2005-06 FISCAL YEAR (TO TRANSFER $200,000 FROM THE GENERAL FUND TO THE CAPITAL IMPROVEMENT FUND)." Motion Councilmember Pougnet, seconded by Councilmember Foat and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch. NOES: None. ABSTAIN: Councilmember Mills. ABSENT: Mayor Oden. ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried noting the absence of Mayor Oden. City Council Minutes September 7,2005 Page 16 The City Council recessed at 9:58 P.M. The City Council reconvened at 10:03 P.M. 3. LEGISLATIVE: 3.A. FORMATION OF A MELLO-ROOS COMMUNITY FACILITIES DISTRICT TO FINANCE PUBLIC SAFETY SERVICES: Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated September 7, 2005. The City Council discussed and/or commented on the following issues regarding the formation of the Community Facilities District: input from the Building Industry Association, number of tracts in the formation of the district, and 3 tracts have provided written petitions to proceed with the district, costs involved in the study and the preparation of the report, term of the tax, cost adjustment increase, process of the election, equity of taxes, requirements of Proposition 218. ACTION: 1. Adopt Resolution No. 21401, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A STATEMENT OF GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982." 2. Accept the petition, and consent and waiver from the Developer regarding the formation of the Community Facilities District. 3. Adopt Resolution No. 21402, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SAFETY SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES." 4. Adopt Resolution No. 21403, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SAFETY SERVICES)." 5. Set a Public Hearing for 6:00 p.m. on October, 19, 2005 for public comment, for and against, and for the filing of written protest by a property owner regarding the establishment of the Community Facilities District No. 2005-01, and the levy of a special tax for public safety services. City Council Minutes September 7,2005 Page 17 Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, and Councilmember Pougnet. NOES: Mayor Pro Tern McCulloch. ABSTAIN: None. ABSENT: Mayor Olden. 4. UNFINISHED BUSINESS: 4.A. AMENDMENT TO THE AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS FOR CONTRACT PLANNING AND ENVIRONMENTAL SERVICES: Thomas Wilson, Assistant City Manager, and Craig Ewing, Director of Planning, provided background information as outlined in the staff report dated September 7, 2005. The City Council discussed and/or commented on the following issues regarding the Agreement: continuing with existing personnel, monitor PMC and review how the City would like projects handled. Councilmember Mills requested the Council receive a monthly report of PMC costs, and requested an Annual Statistical report from the Planning Department. ACTION: 1) Adopt Minute Order No. 7739, Approving the Third Amendment to the Agreement for Contract Services with Pacific Municipal Consultants; and 2) Authorize the City Manager to execute all documents to effectuate this agreement. A5005. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote noting the absence of Mayor Oden. 5. NEW BUSINESS: 5.A. MEMORANDUM OF UNDERSTANDING — PALM SPRINGS POLICE OFFICERS ASSOCIATION: City Manager Ready provided background information as outlined in the staff report dated September 7, 2005. The City Council thanked members of the Police Officers Association for their efforts. ACTION: 1) Adopt Resolution No. 21404, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS City Council Minutes September 7,2005 Page 18 ASSOCIATION (PSPOA), FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2006, SUBJECT TO UNIT'S RATIFICATION AND SIGNING OF PROPOSED MEMORANDUM OF UNDERSTANDING;" and 2) Authorize the City Manager to execute the Memorandum of Understanding in a form approved by the City Attorney. A5157. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote noting the absence of Mayor Oden. 5.B. MEMORANDUM OF UNDERSTANDING — MANAGEMENT ASSOCIATION OF PALM SPRINGS: City Manager Ready provided background information as outlined in the staff report dated September 7, 2005. The City Council thanked members of the Management Association for their efforts. ACTION: 1) Adopt Resolution No. 21405, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS), FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007, SUBJECT TO UNIT'S RATIFICATION AND SIGNING OF PROPOSED MEMORANDUM OF UNDERSTANDING;" and 2) Adopt Resolution No. 21406, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION 21284;" and 3) Authorize the City Manager to execute all necessary documents. A5158. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote noting the absence of Mayor Oden. Councilmember Mills stated he has a business related conflict of interest for Item 5.C., would not participate in the discussion or the vote and left Council Chamber at 10:41 P.M. 5.C. APPROVAL OF A SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION, A CALIFORNIA CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 7, 2005. City Council Minutes September 7,2005 Page 19 ACTION: 1. Adopt Resolution No. 21407, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBLEASE TO BUSINESS LEASE PSL-236 WITH UNITED CONDOMINIUMS CORPORATION, A CALIFORNIA CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR CONVENTION CENTER AND ANCILLARY USES, COMMENCING UPON APPROVAL BY THE SECRETARY OF THE INTERIOR AND TERMINATING JUNE 1, 2068 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY." A5159. 2. Adopt Resolution No. 21408 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH UNITED CONDOMINIUMS CORPORATION, A CALIFORNIA CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR CONVENTION CENTER AND ANCILLARY USES, PROVIDING FOR AN UPFRONT PAYMENT OF $1,260,000 FOR THE DISCOUNTED CASH FLOW SAVINGS OF THE LEASE TERM, REIMBURSEMENT FOR DESIGN AND LEGAL EXPENSES, RELINQUISHING DEVELOPMENT RIGHTS TO THE PROPERTY, AND ALLOWING EARLY ENTRY TO THE PROPERTY FOR THE PURPOSE OF WEED ABATEMENT AND LANDSCAPING." A5160. 3. Adopt Resolution No. 21409 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LOAN FROM THE CITY'S DIVERSION FACILITY FUND, A SPECIAL REVENUE FUND, TO THE CITY'S GENERAL FUND IN THE AMOUNT OF $1,260,000." A5161. Motion Councilmember Pougnet, seconded by Councilmember Foat and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None. ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Oden. Councilmember Mills returned to Council Chamber at 10:45 P.M. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tern McCulloch requested staff investigate possible improper road repair on EI Cielo Road. City Council Minutes September 7,2005 Page 20 Councilmember Foat requested information and follow-up on letter sent by Mr. Goodrich for the Little Tuscany Preservation. Councilmember Foat requested information on the Coachella Valley Vector Control spraying and possible impacts at Demuth Park. Councilmember Pougnet requested an update from the Building Department on Indian Manor Project and Horizon Hotel project. Councilmember Pougnet acknowledged staff who have received compliment cards for excellent customer service. Councilmember Mills requested information and follow-up on the letter sent by Mr. Goodrich for the Little Tuscany Preservation. Councilmember Mills requested a status report on the Grease Trap Ordinance, the CNG Station and the Indian Manor Project. ADJOURNMENT: The City Council adjourned at 10:56 P.M. to a City Council Study Session at 6:00 P.M., Wednesday, September 14, 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 5th DAY OF OCTOBER, 2005. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 21, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern McCulloch called the meeting to order at 6:04 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Mayor Pro Tern McCulloch requested a moment of silence reflection. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, 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: Police Chief Jeandron swore-in new Police Officers: Officer Barredo, Officer Ramos, and Officer Jimenez. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern McCulloch noted his abstention on Warrant No. 1007824 as business related. Councilmember Mills noted his abstention on Items 2.1., &A., and 4.A. as business related. Councilmember Foat requested Items 2.F. and 2.G. be removed from the Consent Calendar for separate discussion. Councilmember Pougnet requested Items 2.F., 2.G., and 2.1., be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.K. be removed from the Consent Calendar for separate discussion. ACTION: Accept 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 Pro Tem McCulloch 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 Legal Counsel with respect to Item 1.C. on the Closed Session Agenda and received reports, no reportable actions were taken. City Council Minutes September 21,2005 Page 2 1. PUBLIC HEARINGS: None. PUBLIC COMMENT: IRENE WATSON, Palm Springs, commented on recent activities in the Downtown area and the Hurricane Katrina relief efforts. BOB ELSNER, Palm Springs, Palm Springs Rotary Club, spoke in support of Item 2.F. regarding Visitor's Center Landscaping and stated the Rotary Club will replace the flags at the Visitor's Center for the next year. JIM DOWLER, Palm Springs, Palm Springs Rotary Club, spoke in support of Item 2.F. regarding Visitor's Center Landscaping and seating area amphitheatre. WESLEY COLE, Palm Springs, read a letter from Dennis Mason regarding the Wellness Park. JOY MEREDITH, Palm Springs, spoke in support of Item 2.K. regarding the suspension of certain parking restrictions through December 31, 2005. EDWIN ELLIS, Palm Springs, Palm Springs Rotary Club, spoke in support of Item 21. regarding Visitor's Center Landscaping and seating area amphitheatre. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready requested City Engineer David Barakian update the City Council with respect to a $2.8 million grant received for the Palm Canyon Bridge. The City Council recessed at 6:27 P.M. and convened as the City of Palm Springs Community Redevelopment Agency. The City Council reconvened at 6:33 P.M. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.H., 2.J., and 21. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the September 21, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of September 14, 2005. Approved as part of the Consent Calendar. City Council Minutes September 21,2005 Page 3 2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2005: ACTION: Receive and file Staff Authorized Agreements covering the period August 1 through August 31, 2005. Approved as part of the Consent Calendar. 2.1). APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21410, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007728 THROUGH 1007743 IN THE AGGREGATE AMOUNT OF $46,538.90 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21411, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007775 THROUGH 1007984 IN THE AGGREGATE AMOUNT OF $1,969,565.48 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21412, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 08-27-05 BY WARRANTS NUMBERED 409148 THROUGH 409231 TOTALING $85,600.82, LIABILITY CHECKS NUMBERED 1007744 THROUGH 1007774 TOTALING $132,468.96, TWO WIRE TRANSFERS FOR $55,821.00 AND THREE ELECTRONIC ACH DEBITS OF $821,779.48 IN THE AGGREGATE AMOUNT OF $1,095,670.26 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern McCulloch on Warrant No. 1007824 as business related. 2.E. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2005: ACTION: Receive and File Treasurer's Investment Report as of July 31, 2005. Approved as part of the Consent Calendar. 2.F. VISITOR'S CENTER LANDSCAPING AND SEATING AREA: Removed from the Consent Calendar for separate discussion. 2.G. APPROVE PURCHASE OF 18 POLICE VEHICLES AND 5 HONDA MOTORCYCLES FOR USE BY THE POLICE DEPARTMENT AND 3 HYBRID GAS/ELECTRIC VEHICLES FOR USE BY THE BUILDING DEPARTMENT: Removed from the Consent Calendar for separate discussion. 2.1-1. ACKNOWLEDGING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) 40 YEARS OF SERVICE: ACTION: Adopt Resolution No. 21413, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) 40 YEARS OF SERVICE TO THE City Council Minutes September 21,2005 Page 4 SOUTHERN CALIFORNIA REGION." Approved as part of the Consent Calendar. 2.1. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR A FULL TIME POLICE OFFICER AT THE HIGH SCHOOL CAMPUS: Removed from the Consent Calendar for separate discussion. 2.J. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT: ACTION: 1) Adopt Minute Order No. 7745, Approving the expenditure plan for the Supplemental Law Enforcement Services Fund (SLESF) Grant from the State of California; and 2) Authorize the City Manager to execute all necessary documents. A5166. Approved as part of the Consent Calendar. 2.K. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD OCTOBER 1, 2005, THROUGH DECEMBER 31, 2005, FOR DOWNTOWN CITY OWNED PARKING LOTS AND PARKING GARAGE: Removed from the Consent Calendar for separate discussion. 2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5101 PLACEMENT AND REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC: ACTION: 1) Adopt Minute Order No. 7746, Approving Amendment No. 1 to Agreement No. A5101, placement and reimbursement of public art with Palm Springs Classic, LLC changing the fine arts insurance deductible amount to $10,000 and deleting the reference to "Three-Dimensional" reproductions on the copyright agreement; and 2) Authorize the City Manager to execute all necessary documents. A5101. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.F. VISITOR'S CENTER LANDSCAPING AND SEATING AREA: The City Council discussed and/or commented on the funding and the total cost of the project. ACTION: 1) Adopt Minute Order No. 7740, Approving the plans and specifications for the Visitor's Center landscaping, City Project No. 05-05; 2) Adopt Minute Order No. 7741, Approving an agreement, with America West Landscaping, Incorporated for the Visitor's Center landscaping, in the amount of $124,858.05, City Project No. 05-05; and 3) Authorize the City Manager to execute all necessary documents. A5164. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote noting the absence of Mayor Oden. City Council Minutes September 21,2005 Page 5 2.G. APPROVE PURCHASE OF 18 POLICE VEHICLES AND 5 HONDA MOTORCYCLES FOR USE BY THE POLICE DEPARTMENT AND 3 HYBRID GAS/ELECTRIC VEHICLES FOR USE BY THE BUILDING DEPARTMENT: The City Council discussed and/or commented on the following issues: trade-in value of the current vehicles, two new vehicles for use by the Police Department's Detective Bureau; thanked the Fleet Review Committee for consideration of alternative fuel vehicles. ACTION: 1) Adopt Minute Order No. 7742, Approving the purchase of 16 Crown Victoria Police Vehicles, 2 Ford Taurus for use by the Police Department, and 3 Ford Escape Hybrids gas/electric vehicles for use by the Building Department from Fritts Ford in the amount of $462,596.45; 2) Adopt Minute Order No. 7743, Approving the purchase of 5 Honda Police Motorcycles from Huntington Beach Honda in the amount of$93,460.07; and 3) Authorize the City Manager to sign all documents necessary to effectuate the purchase. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Mayor Oden. Councilmember Mills stated he has business related conflict of interest on Item 2.1., would not participate in the discussion or the vote and left Council Chamber at 6:41 P.M. 2.1. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR A FULL TIME POLICE OFFICER AT THE HIGH SCHOOL CAMPUS: The City Council discussed and/or commented on the following issues: funding for 9 months by the District and 3 months by the City, paragraph 5 and 6 regarding indemnification, and received a report with regard to current state of security at the School. ACTION: 1) Adopt Minute Order No. 7744, Approving an agreement with the Palm Springs Unified School District to provide a full time police officer at the high school campus including the Ramon Academy, for three years expiring at the end of school year 2008; and 2) Authorize the City Manager to execute all necessary documents. A5165. Motion Councilmember Pougnet, seconded by Councilmember Foat and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None. ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Oden. Councilmember Mills returned to Council Chamber at 6:45 P.M. City Council Minutes September 21,2005 Page 6 2.K. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD OCTOBER 1, 2005, THROUGH DECEMBER 31, 2005, FOR DOWNTOWN CITY OWNED PARKING LOTS AND PARKING GARAGE: The City Council discussed and/or commented on the current state of suspension of parking restrictions: Mainstreet currently monitoring the program and will provide a report to the City Council with respect to the success of the temporary restrictions which will lead to a permanent disposition. ACTION: Adopt Resolution No. 21414, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING TIME LIMITS ON PARKING OF MOTOR VEHICLES ON CITY OWNED PARKING LOTS IN THE CITY BETWEEN OCTOBER 1, 2005, AND DECEMBER 31, 2005." Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried noting the absence of Mayor Oden. Councilmember Mills stated he has business related conflict of interest on Items 3.A. and 4.A., would not participate in the discussion or the vote and left Council Chamber at 6:46 P.M. 3. LEGISLATIVE: 3.A. MUNICIPAL CODE AMENDMENT TO TITLE 12, CHAPTER 12.56 RESTRICTED USE OF CERTAIN STREETS: David Barakian, City Engineer, provided background information as outlined in the staff report dated September 21, 2005, The City Council discussed and/or commented on providing notification to the neighborhood. 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. 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." Motion Councilmember Pougnet, seconded by Councilmember Foat and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None. ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Oden. City Council Minutes September 21,2005 Page 7 4. UNFINISHED BUSINESS: 4.A. CONVENTION CENTER PROJECT — CITY COUNCIL DIRECTION ON EXPENDITURE OF REMAINING CONTINGENCY FUNDS: Allen Smoot, Project Administrator, and City Manager Ready provided background information as outlined in the staff report dated September 21, 2005. The City Council discussed and/or commented on the prioritization of items identified by staff. ACTION: Adopt Minute Order No. 7747, Approving a prioritization of Convention Center capital improvements for which the remaining contingency funds are to be spent by authorizing O & M Projects 1 (Amado/Caballeros Improvements), 2 (Replace Chiller), 3 (re-roof Exhibit Hall), and Expansion Enhancement Projects 1 (SE Lawn ABC Enclosure) and 2 (Triangle Landscaping). Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None, ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Olden. Councilmember Mills returned to Council Chamber at 7:05 P.M. 5. NEW BUSINESS: 5.A. AMENDMENT NO. 3 TO AGREEMENT NO. A4922 WITH SIMAT, HELLIESEN & EICHNER, INC. (SH&E) TO PROVIDE FOR THE CREATION OF AN AIRPORT CONCESSIONS DEVELOPMENT PROGRAM: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated September 21, 2005. The City Council discussed and/or commented on the following issues regarding the Agreement: relationship between SH&E and CAM, system to evaluate concession vendors, proposal is not inclusive of rental car concessions, type of lease, monitoring or auditing concession vendors, competitive bidding for the agreement. ACTION: 1) Approve Minute Order No. 7748, Authorizing the City Attorney to prepare Amendment No. 3 to Contract Services Agreement No. 4922 with Simat, Helliesen & Eichner, Inc. to provide for the creation of an Airport Concessions Development Program at a cost not-to exceed $165,000; and 2) Authorize the City Manager to execute all necessary City Council Minutes September 21,2005 Page 8 documents. A4922. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote noting the absence of Mayor Oden. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat commented on the recent change of ownership for the property on Alejo (between Indian and Palm Canyon) and requested the City Manager develop a retention plan for the businesses located at that location. Councilmember Foat announced that the City Council will be discussing Disaster Emergency Preparedness on September 28, 2005, City Council Study Session. Councilmember Pougnet thanked the employees of the City of Palm Springs who donated to the Hurricane Relief efforts and Veolia Water North America West, LLC who matched the donations. Councilmember Mills commented on the recent change of ownership for the property on the North end of Downtown, the proposed development, and the status of businesses. Councilmember Mills commented on Transient Occupancy Tax (TOT) collection as it relates to Condo and short term rentals and requested staff provide some research and investigation on compliance with TOT requirements. ADJOURNMENT: The City Council adjourned at 7:32 P.M. to a City Council Study Session at 6:00 P.M., Wednesday, September 28, 2005, Council Chamber, City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF OCTOBER, 2005. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION MINUTES WEDNESDAY, SEPTEMBER 28, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern McCulloch called the meeting to order at 6:02 P.M. PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch. ABSENT: Mayor Oden. ALSO PRESENT: City Manager Ready, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: None. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried noting the absence of Mayor Oden. REPORT OF CLOSED SESSION: No Closed Session. PUBLIC COMMENT: ROXANNE PLOSS, Palm Springs, thanked Fire Chief Goetz for the tour of the Fire Department and commented on the preparedness of the Fire Department. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Foat introduced her family visiting from New York and welcomed them to the City of Palm Springs. CITY MANAGER'S REPORT: None. 1. STUDY SESSION: 1.A. PRESENTATION OF EMERGENCY AND DISASTER PREPAREDNESS: Fire Chief Blake Goetz provided background information on the City's 2003 Functional Response Disaster Plan and then presented a Power Point presentation on Emergency and Disaster Preparedness. Chief Goetz presented the current Action Items: Staff Training, Development of Volunteer Resources, Departmental Emergency Plans, Interagency Communications Network, Command Vehicle Implementation, ongoing Grant Management, and ongoing efforts to secure new grants and funding streams, continued support of the CERT Program. City Council Minutes September 14,2005 Page 2 The City Council discussed and/or commented on the following items: funding and improvements of our preparedness over a period time, distribution to City Council the City Emergency Organizational Chart with the respective staff assigned, communication with citizens, including neighborhood organizations into disaster preparedness, search and rescue for seniors and the disabled, how to obtain public information materials on preparedness. The City Council viewed a new PSA running on PSCTV. No action taken. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills thanked staff and indicated that staff and the City are well prepared. Councilmember Mills requested a report on the RFP for batting cages, requested staff prioritizes the appointment of a new Airport Commissioner, requested staff investigates the possibility of drafting a narcotics/gang related ordinance, and an ordinance regulating maintenance of long-term and boarded-up buildings such as the City of Long Beach. Councilmember Pougnet requested an update on the Indian Manor project. Councilmember Pougnet highlighted employees that received compliment cards during the month of September for their efforts. Mayor Pro Tern McCulloch wished residents celebrating Rosh Hashanah a happy new year. ADJOURNMENT: The City Council adjourned at 7:10 P.M. to its Regular Meeting at 6:00 P.M., Wednesday, October 5, 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 5T" DAY OF OCTOBER, 2005. MAYOR ATTEST: City Clerk