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HomeMy WebLinkAbout2006-06-21 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, JUNE 21, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. INVOCATION: Rev. Richard Drasen, Palm Springs Church of Today, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: One Item was added to the Closed Session Agenda as Item 1.D. under Government Code Section 54956.8 Conference with Real Property Negotiator for the Winters Parcel to consider negotiations with Frank Tysen and give direction to the City's negotiator David Ready. Motion by Mayor Oden, seconded by Councilmember Mills and unanimously carried on a 4-0 vote, noting the absence of Councilmember Pougnet. City Attorney Holland reported that at 4:30 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Mills requested Items 2.B. and 2.H. be removed from the Consent Calendar for separate discussion and noted his business related abstention on Consent Calendar Item 21. Councilmember Pougnet requested that Public Hearing Item 1.C. be continued and that the City Council request the developer install story poles and/or other visual aids on the subject property. Discussion was held regarding story-poles, other types of visual indicators, the impacts to the public by continuing the public hearing, requiring developers retroactively to comply, the technical aspects of story-poles of this size. ACTION: 1) Table Public Hearing Item 1.C. to an Adjourned Regular Meeting on July 12, 2006; 2) Direct the City Clerk to post a Notice of Continued Public Hearing; and 3) Direct the Applicant to prepare story poles and/or other visual aids and place on the City Council Minutes June 21, 2006 Page 2 subject property. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and carried 3-2 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch and Councilmember Mills. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Foat, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Police K9 Kaiser for 5-years of public service. Mayor Oden and the City Council presented a Certificate of Appreciation to Team Depot and Home Depot for providing materials and volunteers to paint the exterior of the Mizell Senior Center. 1. PUBLIC HEARINGS: 1.A. APPEAL HEARING OF THE HISTORIC SITE PRESERVATION BOARD ACTIONS REGARDING THE SITE KNOWN AS THE 400 BLOCK OF NORTH PALM CANYON DRIVE AND NORTH INDIAN CANYON DRIVE, FILED BY JEANNINE RAYMOND ET AL, CASE NO. 5.1091-PD 324: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 21, 2006. Mayor Pro Tern Foat requested staff address if the City has received a current site plan or an approved project. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. LAWRENCE RAEL, outlined his proposed project, addressed the non-historical value of the property and the points in the appeal, and the condition of the property. JEANNINE RAYMOND, Appellant, stated her concerns about development in the City of Palm Springs with respect to historical sites. PHIL CARVINUS, Thousand Palms, spoke in support for the project and stated age is not always historically significant. BRIAN STRAHL, Palm Springs, stated this project was completely discussed by the HSPB and requested the City Council uphold the HSPB decision. City Council Minutes June 21, 2006 Page 3 DON KARVELIS, Palm Springs, stated his support for this development. JAMES CIOFFI, Palm Springs, provided some historical facts regarding the property, and requested the City Council uphold the decision of the HSPB. JOHN STILES, Palm Springs, stated his support for the project and requested the City Council deny the appeal. JERRY LONDON, provided historical information of the site, and requested the City Council uphold the decision of the HSPB. JOEL ROSE, Palm Springs, stated his support for the project. VIC GAINER, Palm Springs, stated his support for the project and requested the City Council uphold the decision of the HSPB. RICH YOUNG, Palm Springs, stated the building should be demolished, commented on the developer and stated his support for the development. HADDON LIBBY, Palm Springs, requested the City Council uphold the decision of the HSPB. RYAN ESPINOSA, Palm Springs, stated his support for the project and requested the City Council uphold the decision of the HSPB. WESLEY COLE, Palm Springs, stated his support for the project and requested the City Council uphold the decision of the HSPB. DON PARKER, Palm Springs, commented on the quality of retail establishments in downtown Palm Springs and stated his support for the development. NORMAN BROWN, requested the City Council uphold the decision of the HSPB. JOY MEREDITH, Palm Springs, stated the area is blighted and requested the City Council uphold the decision of the HSPB. JOEL BROWN, Palm Springs, stated his support for the developer, stated the area needs revitalization and his opposition to the appeal of the HSPB. NANCY STUART, Palm Springs, commented on the business community and development and requested the City Council reject the appeal. JADE NELSON, Palm Springs, commented on Historic Preservation. SHERYL HAMLIN, Palm Springs, commented on adapted reuse and provided examples. City Council Minutes June 21, 2006 Page 4 ED TORRES, stated his support for the project and requested the City Council uphold the decision of the HSPB. REBECCA TERRILL, stated her support for the developer and the project. SHELLY SAUNDERS, Palm Springs, provided background on the current site and buildings, and requested the City Council uphold the decision of the HSPB. SCOTT LYLE, Palm Springs, stated the developer reviewed the possibility of adaptive reuse and the buildings are not worth saving; requested the City Council uphold the decision of the HSPB. JIM STUART, Palm Springs, provided background information on the site and the buildings and requested the City Council uphold the decision of the HSPB. BOB HELBLING, Palm Springs, stated his support of the downtown plan and the project and commented on the demolition permit process. JANE SMITH, Palm Springs, commented on development and construction related illnesses. CAROL ANN NELSON, stated her support for revitalization. JON CAFFERY, Palm Springs, commented on the appeal process and requested the City Council uphold the decision of the HSPB. MARK ANDERSON, Palm Springs, stated his support for revitalization in the downtown area. ROXANN PLOSS, Palm Springs, commented on adaptive reuse along Palm Canyon and requested a plan be approved before the property is demolished. PAUL MEDIANO, Palm Springs, stated his support for the revitalization of the downtown area and in support of the project. CHARLES SACHS, Palm Springs, stated his opposition to the proposed project and stated we could save a part of the building. TIM CLARK, stated his support for the project and the revitalization of downtown. TRACY TURNER, Palm Springs, stated his support for the "Village" atmosphere. ROBERT IMBER, stated this appeal is about quality of life and successful development and the HSPB did not fully review all aspects of the historical value of the site. City Council Minutes June 21, 2006 Page 5 CHRISTY EUGENIS, stated her support for smart growth and revitalization and stated the scale is out of proportion for the area. DANA STEWART, stated her support for preserving the site. TOM ADAMO, spoke in support of the project. FRANK TYSEN, Palm Springs, stated his support for preservation of the site. SAM SPINELLO, Palm Springs, stated his support for the project. KITTY HAYES, Palm Springs, provided background information on the Historic designation of this site. LAWRENCE RAEL, Applicant, reiterated his position on the project and the readiness of the developer. JEANNINE RAYMOND, Appellant, restated her position and stated she is not "anti-development." No further speakers coming forward, the public hearing was closed. Councilmember Pougnet requested the City Attorney address the nature of the legislative action under consideration. Mayor Pro Tern Foat requested staff review the process of allowing the demolition of a building prior to new plans being submitted, commented on the condition of the area and the condition of the building. Councilmember Mills provided background information on the site, and commented on the blighted area. Councilmember McCulloch commented on the study and findings of the RSPB, and commented that the building does not qualify for preservation. Councilmember Pougnet thanked staff for the comprehensive staff report, commented on the Urban Design Guidelines and a possible Historic District. Mayor Oden commented on the make-up of the HSPB and provided background information on the site for redevelopment. ACTION: Adopt Resolution No. 21621, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION OF THE HISTORIC SITE PRESERVATION BOARD TAKEN MAY 23, 2006 AND ALLOWING THE DEMOLITION OF CERTAIN STRUCTURES AND City Council Minutes June 21, 2006 Page 6 PRESENTATION OF HISTORIC MATERIAL FOR PERMANENT PUBLIC RECORD AND DISPLAY ON THE SITE, INTEGRAL WITH THE PROPOSED NEW DEVELOPMENT." Motion Councilmember Mills, seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote. Mayor Oden stated he had to leave the meeting early and commented on the recent passing of Jack Oberle, and grants received from the Auga Caliente Band of Cahuilla Indians for Police and Fire services in the City of Palm Springs. The City Council recessed at 8:54 P.M. Mayor Oden left the meeting. The City Council reconvened at 9:03 P.M. 1.B. PROPOSED INCREASE IN THE SEWER CONNECTION FEE: Troy Butzlaff, Assistant City Manager - Administration, provided background information as outlined in the staff report dated June 21, 2006. Mayor Pro Tern Foat opened the public hearing, and the following speakers addressed the City Council. FRED BELL, Building Industry Association, stated the study does not meeting the nexus requirements under the Government Code. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Foat requested staff address the request of the BIA, and the current fee. Councilmember McCulloch requested the City Attorney address the timing concerns. ACTION: Adopt Resolution No. 21622, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INCREASE IN THE SEWER FACILITY FEE ASSESSED ON NEW CONSTRUCTION." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 1.C. THE PALMS HOTEL - CASE NO. 5.1089, PLANNED DEVELOPMENT DISTRICT 322, AN APPLICATION FOR THE DEVELOPMENT OF A FOUR- STORY BOUTIQUE HOTEL WITH 51 ROOMS INCLUDING 11 SUITES, ROOF TERRACE AREA WITH CABANAS, A RESTAURANT, A BAR, A WATER FEATURE, AND SWIMMING POOL ON APPROXIMATELY 36,217 SQUARE City Council Minutes June 21, 2006 Page 7 FEET SITE LOCATED AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON AND CAHUILLA ROAD: Continued to July 12, 2006 under Approval of the Agenda. 1.D. APPEAL HEARING BY WESSMAN DEVELOPMENT OF A PLANNING COMMISSION RESOLUTION DENYING A VARIANCE AND CONDITIONAL USE PERMIT TIME EXTENSION LOCATED AT 102 NORTH SUNRISE WAY, ZONE P, SECTION 13: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 21, 2006. Councilmember Pougnet requested staff address the Planning Commission discussion and the finding that the Applicant has not demonstrated "good cause." Councilmember Mills requested staff address if the project has a right-of-zone, commented on the CUP process, and on the site with respect to a drive-thru. Mayor Pro Tern Foat opened the public hearing, and the following speakers addressed the City Council. MARTHA HIGGINS, Representing Applicant, commented on the timing issues of finding a tenant which require the extension, and stated the adjoining property owner approves of the project. SAM SPINELLO, commented on delay due to finding an appropriate tenant and the proposed site plan. MARK RABER, Del Taco, provided background information with the permitting process with respect to the application for Del Taco at this site. CURT EALY, commented on the relationship between the subject property and the adjoining property. No further speakers coming forward, the public hearing was closed. Councilmember McCulloch requested staff address the issuance of a CUP, conditions of approval, and commented on the drive-thru. Councilmember Mills commented on the site plan and the use of the property, adding conditions for the reciprocal easement, continue thru architectural review and further signage requirements. Councilmember Pougnet requested clarification of the action being suggested this evening. City Council Minutes June 21, 2006 Page 8 ACTION: 1) Overturn the decision of the Planning Commission and grant the Appeal of Wessman Development by approving a one-year time extension for Case No. 5.0988, Conditional Use Permit and 6.486 Variance, to allow a drive- thru facility located at 102 North Sunrise Way, Zone P, Section 13; 2) Add three Conditions to the Planning Commission Resolution, requiring a reciprocal easement agreement with the adjoining property owner, requiring the project for further review with the Architectural Advisory Committee, and to the extent feasible, limit signage in a manner consistent with prior use of the property. Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. The City Council convened as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency at 9:45 P.M. JOINT PUBLIC HEARING: RA1. AMENDMENT NO. 3 TO AGREEMENT NO. A0339C AN AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY TO THE SPA HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED PROJECT AREA NO. 2: ACTION: 1) Continue the Public Hearing; and 2) Direct staff to re-notice the Hearing. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. RA2. AMENDMENT NO. 2 TO AGREEMENT NO. A0490C, A DEVELOPMENT AND DISPOSITION AGREEMENT, WITH CENTURY CROWELL COMMUNITIES, LP D/B/A/ MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA NO. 1: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 21, 2006. City Council Minutes June 21, 2006 Page 9 Mayor Pro Tern Foat opened the public hearing, and the following speakers addressed the City Council. TOM HILL, Century Homes, provided background information on the conditions and the sales of the homes based on the agreement. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Foat requested staff explain a silent second mortgage. Councilmember McCulloch commented on the fiscal impact statement and requested information with respect to the source of funds. ACTION: Adopt Resolution No. 21623, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0490C, BETWEEN CENTURY CROWELL COMMUNITIES, LP D/B/A/ MOUNTAIN GATE II PALM SPRINGS VENTURE, LLC AND THE COMMUNITY REDEVELOPMENT AGENCY, ADJUSTING THE TERMS OF THE AGENCY BUYER ASSISTANCE NOTE TO ALLOW IT TO AMORTIZE OVER A PERIOD OF FIVE YEARS, FOR FIVE SINGLE FAMILY INFILL HOMES FOR MODERATE INCOME HOUSEHOLDS IN THE DESERT HIGHLAND GATEWAY AREA OF MERGED PROJECT AREA NO. 1." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. The City of Palm Springs Community Redevelopment Agency adjourned at 9:59 P.M. and the City Council continued. PUBLIC COMMENT: WILSON HONG, Palm Springs, commented on the rent increases imposed on the residents at the Horizon Village Mobile Home Park. JOY MEREDITH, Palm Springs, commented on Item 4.A. and requested the City Council extend the unrestricted parking in the downtown area. BOB HELBLING, Palm Springs, commented on the development process and a definable process for development. City Council Minutes June 21, 2006 Page 10 JOHN TYMON, Palm Springs, commented on the rent increase at Horizon Village, and read a poem about development and tourism. KEITH McCORMICK Palm Springs, spoke in support of Item 4.A., and requested the City Council extend unrestricted parking in the downtown area for one-year. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready provided information on a new non- stop flight by Air-Canada to Palm Springs International Airport. 2. CONSENT CALENDAR: Councilmember Mills requested Item 2.13. be returned to the Consent Calendar for approval. ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.J., 2.K., 2.L., 2.M., and 2.N. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the June 21, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.13. AWARD OF BID IFB 06-05 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS: ACTION: Adopt Minute Order No. 7875, Awarding Bid (IFB) 06-05 for Palm Tree Trimming at various locations in the City of Palm Springs to Desert View Tree Service with a unit price basis of $21.00 per tree and a projected total cost of $62,097.00 for Fiscal Year 2006-07. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD MAY 1 THROUGH MAY 31, 2006: ACTION: Receive and file the Staff Authorized Agreements covering the period May 1 through May 31, 2006. Approved as part of the Consent Calendar. 2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21624, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING City Council Minutes June 21, 2006 Page 11 PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1013523 THROUGH 1013752 IN THE AGGREGATE AMOUNT OF $1,770,396.11 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21625, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 6-03-06 BY WARRANTS NUMBERED 410384 THROUGH 410438 TOTALING $78,142.62, LIABILITY CHECKS NUMBERED 1013753 THROUGH 1013782 TOTALING $129,002.31, THREE WIRE TRANSFERS FOR $53,566.03 AND THREE ELECTRONIC ACH DEBITS OF $897,756.19 IN THE AGGREGATE AMOUNT OF $1,158,467.15 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. REHABILITATE TAXIWAYS A, B, AND C - CITY PROJECT NO. CP 2006-09, AIP 3-06-0181-40: ACTION: 1) Adopt Minute Order No. 7876, Approving the bid documents for the construction of the Rehabilitate Taxiways A, B, and C, Runway 13L/31 R Safety Improvements, City Project No. 2006-09, AIP 3-06-0181-40, and the engineer's construction cost estimate of $5,320,000; and 2) Direct staff to proceed with the solicitation of bids. Approved as part of the Consent Calendar. 2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A5101 WITH PALM SPRINGS CLASSIC, LLC, FOR PLACEMENT AND REIMBURSEMENT OF PUBLIC ART: ACTION: 1) Adopt Minute Order No. 7877, Approving Amendment No. 2 to Agreement No. A5101 with Palm Springs Classic, LLC for placement and reimbursement of three additional works of public art at the Escena Project; and 2) Authorize the City Manager to execute all necessary documents. A5101. Approved as part of the Consent Calendar. 2.G. 2006 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT: ACTION: Adopt Resolution No. 21626, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT A BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL REFORM ACT." Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A5252 WITH SPEER CIVIL FOR PROFESSIONAL ENGINEERING STAFF SERVICES TO ASSIST THE DEPARTMENT OF PUBLIC WORKS & ENGINEERING WITH DEVELOPMENT AND CAPITAL PROJECT WORKLOADS THROUGH NOVEMBER 30, 2006: ACTION: 1) Adopt Minute Order No. 7879, Approving Amendment No. 1 to Agreement No. A5252 with Speer Civil for professional engineering services to assist the Department of Public Works & Engineering with development and capital project workload through November 30, 2006, for an additional amount of $39,000, total contract amount not to exceed $74,000; and 2) Authorize the City City Council Minutes June 21, 2006 Page 12 Manager to execute all necessary documents. A5252. Approved as part of the Consent Calendar. 2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5289 FOR CONSULTANT SERVICES WITH AEOLIAN SOLUTIONS TO PROVIDE GRADING AND DUST INSPECTION SERVICES, TERMINATING ON SEPTEMBER 22, 2006 WITH THREE, FOUR-WEEK EXTENSION OPTIONS: ACTION: 1) Adopt Minute Order No. 7880, Approving Amendment No. 1 to Agreement No. A5289 with Aeolian Solutions for grading and dust inspection services through September 22, 2006, for an additional amount of $28,800, total contract amount not to exceed $38,400, with three four-week extension options at staffs discretion; and 2) Authorize the City Manager to execute all necessary documents. A5289. Approved as part of the Consent Calendar. 2.K. BATTING CAGES/CONCESSION LEASE AT DEMUTH PARK: ACTION: 1) Adopt Minute Order No. 7881, Authorizing the City Manager to negotiate a lease agreement with Palm Springs Batting Range, LLP for the operation of the batting cages and concession located at fields #7 and #8 in DeMuth Park; and 2) Authorize the City Manager to execute all necessary documents. A5305. Approved as part of the Consent Calendar. 2.L. AUTHORIZE TRANSFER OF FUNDS FOR CONVENTION CENTER KITCHEN REMODEL TO CAPITAL IMPROVEMENT FUND: ACTION: Adopt Resolution No. 21627, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.M. FILING OF NUISANCE ABATEMENT PROCEEDINGS AND ACCOUNTING REPORTS FOR 12 PUBLIC NUISANCES: ACTION: 1) Receive and file the proceedings and accounting reports for the abatement of 12 public nuisances located throughout the City; and 2) Direct the City Clerk to set the public hearing for July 19, 2006. Approved as part of the Consent Calendar. 2.N. AMENDMENT NO. 3 OF AGREEMENT NO. A3469 WITH ARNOLD PALMER MANAGEMENT LLC, FOR GOLF COURSE MANAGEMENT SERVICES AT TAHQUITZ CREEK GOLF RESORT: ACTION: 1) Adopt Minute Order No. 7882, Approving Amendment No. 3 to Agreement No. A3469 with Arnold Palmer Management, LLC extending the term for a period of six months through December 31, 2006, with one, six-month extension. A3469. Approved as part of the Consent Calendar. City Council Minutes June 21, 2006 Page 13 EXCLUDED CONSENT CALENDAR: 2.H. INSURANCE RENEWALS FOR THE CITY'S AIRPORT LIABILITY, AERO SQUADRON AIRCRAFT, ALL-RISK PROPERTY, EARTHQUAKE/FLOOD (PRIMARY LEVEL), CRIME, BOILER & MACHINERY, EXCESS GENERAL LIABILITY, AND AUTO PHYSICAL DAMAGE (CALEASE) INSURANCE, AND EXCESS WORKERS' COMPENSATION: Councilmember Mills stated he feels the City is over-insured in earthquake and flood and recommended adjusting the insurance with respect to the quake/flood premium to the previous year's level. ACTION: Adopt Minute Order No. 7878, Approving the City of Palm Springs' insurance renewals for the City's airport liability, Aero Squadron aircraft, all-risk property, earthquake/flood (primary level), crime, boiler and machinery, general liability, and auto physical damage (CaLease) and excess workers' compensation renewal effective July 1, 2006. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: Councilmember Mills. ABSENT: Mayor Oden. 3. LEGISLATIVE: 3.A. AN INTERIM URGENCY ORDINANCE PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS WITHIN THE CITY OF PALM SPRINGS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND USE REGULATIONS: City Attorney Holland provided background information as outlined in the staff report dated June 21, 2006. Councilmember Pougnet requested the City Attorney address the number of votes needed to adopt the Ordinance and commented on the proposed Ordinance as its relates to Senior Citizen parks. ACTION: 1) Waive reading of the Ordinance text and adopt by title only; and 2) Adopt Ordinance No. 1691, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS WITHIN THE CITY OF PALM City Council Minutes June 21, 2006 Page 14 SPRINGS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND USE REGULATIONS." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 4. UNFINISHED BUSINESS: 4.A. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD JULY 1, 2006, THROUGH DECEMBER 31, 2006, OR JUNE 30, 2007, FOR DOWNTOWN CITY-OWNED PARKING LOTS AND PARKING STRUCTURE: Tom Wilson, Assistant City Manager - Development Services, provided background information as outlined in the staff report dated June 21, 2006. Mayor Pro Tern Foat requested staff address the reduction in cost of parking enforcement based on less service. Councilmember Pougnet requested staff address the considerations, and commented on the fiscal impact. Councilmember Mills commented on parking problems in the downtown area and future impacts. Councilmember McCulloch requested staff evaluate some of the parking alternatives such as two-hour parking in certain locations. Mayor Pro Tern Foat commented on the book The High Cost of Free Parkin and requested Planning take into consideration: parking for construction works during redevelopment, restricted parking from 3:00 AM to 5:00 AM and development of a shuttle service. ACTION: Adopt Resolution No. 21628, "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 JULY 1, 2006, AND JUNE 30, 2007." Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. City Council Minutes June 21, 2006 Page 15 5. NEW BUSINESS: 5.A. WASTEWATER SERVICES AGREEMENT WITH VEOLIA WATER NORTH AMERICA-WEST, LLC: Troy Butzlaff, Assistant City Manager - Administration, provided background information as outlined in the staff report dated June 21, 2006. Councilmember Pougnet provided the history of the contract over the last 18- months. Councilmember Mills commented on the lease extensions and the relationship with Veolia. Mayor Pro Tern Foat commented on the new and innovative components of the contract. ACTION: 1) Adopt a Minute Order No. 7883, Approving, in a form acceptable to the City Attorney, an Amended and Restated Wastewater Services Agreement with Veolia Water North America-West, LLC. (formerly US Filter Operating Services Incorporated) for the operations and maintenance of the City's Wastewater Treatment Plan and related collection system; and 2) Authorize the City Manager to execute all documents necessary to effectuate this action. Amendment No. 7 of Agreement No. A4123. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. 5.13. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO ADDRESS ACTIVITIES AT THE PALM SPRINGS AIR MUSEUM: ACTION: Appoint Mayor Pro Tern Foat and Mayor Oden to a City Council subcommittee to address activities at the Palm Springs Air Museum. Motion Councilmember McCulloch, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. City Council Minutes June 21, 2006 Page 16 5.C. APPOINT A MEMBER OF THE CITY COUNCIL TO THE RIVERSIDE COUNTY CHILD SAFETY COMMISSION: ACTION: Appoint Councilmember Pougnet to the Riverside County Child Safety Commission. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills requested staff research and address the ordinance limiting office use on the ground floor in the downtown area; requested the Planning Commission Meetings include attendance. Councilmember McCulloch commented on the Horizon Village rent issues. Mayor Pro Tern Foat requested staff update the Council on overlay zones, commented on a recent show at the Palm Springs Pavilion, and requested the meeting be adjourned in memory of Jack Oberle and Albert Lee Bousquet. ADJOURNMENT: The City Council adjourned, in memory of Jack Oberle and Albert Lee Bousquette, at 11:04 P.M. to a Study Session, Wednesday, June 28, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 57H DAY OF JULY, 2006. U�'u MAYOR ATTEST: y Clerk