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HomeMy WebLinkAbout9/7/2005 - STAFF REPORTS (13) i PALM SPRINGS CITY COUNCIL I MINUTES WEDNESDAY, JULY 20, 2005 CITY COUNCIL CHAMBER I CALL TO ORDER: Mayor Oden called the meeting to order at 6:02 PM. PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge. INVOCATION: Rev. Hank Bates, Desert Cities Community Church, 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, City Attorney Holland, City Clerk Thompson, City Treasurer Graves. PRESENTATIONS: Mayor Pro Tern McCulloch and the City Council presented a Proclamation to Phil Kaplan and proclaimed July 26, 2005 as the 15"h Anniversary of the Americans with Disabilities Act in the City of Palm Springs. ACCEPTANCE OF THE AGENDA: Staff requested Public Hearing Item 11. be heard immediately following Public Hearing item I.B. City Clerk Thompson stated a revised Minute Order has been prepared and distributed regarding Item 2.0., Construction of the Parking Lot at the Palm Springs International Airport. Staff is recommending the City Council adopt the Revised Minute Order rejecting the Bids. Councilmember Foat removed Item 2.S. from the Consent Calendar for separate discussion. Councilmember Pougnet removed Item 2.Q. from the Consent Calendar for separate discussion. Councilmember Mills removed Items 2.1. and 2.R. from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Foat and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Item No. 2 . B , City Council Minutes July 20,2005 Page 2 Session to discuss matters on the posted Closed Session Agenda. The City Council received reports, and no reportable actions were taken. 1. PUBLIC HEARINGS: 1.A. CONDUCTING A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY ACT) HEARING FOR THE PROPOSED ISSUANCE OF TAX-EXEMPT MULTI-FAMILY MORTGAGE BONDS BY THE CITY OF PALM SPRINGS (CONDUIT FINANCING) NOT TO EXCEED $12,000,000 AGGREGATE PRINCIPAL AMOUNT ON BEHALF OF TAHQUITZ COURT HOUSING PARTNERS, L.P., A CALIFORNIA NON-PROFIT CORPORATION, FOR THE REFINANCING AND REHABILITATION OF THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900 and 2990 EAST TAHQUITZ CANYON WAY: John Raymond, Director of Community and Economic Development, presented background information as outlined in the staff report dated July 20, 2005, Mayor Oden opened the Public Hearing, no speakers coming forward the Public Hearing was closed. The City Council discussed and/or commented on the following issues relating to the issuance of bonds: number of units that will remain low- income, extension of the affordability conditions for 55-years, status of tenants during construction. ACTION: Adopt Resolution No. 21339 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $12,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX-EXEMPT MULTI-FAMILY MORTGAGE BONDS BY THE CITY OF PALM SPRINGS (CONDUIT FINANCING) ON BEHALF OF TAHQUITZ COURT HOUSING PARTNERS, L.P., A LIMITED PARTNERSHIP, FOR THE REFINANCING AND REHABILITATION OF THE TAHQUITZ COURT APARTMENTS AT 2800, 2900 AND 2990 EAST TAHQUITZ CANYON WAY." Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. I.B. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS: Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 20, 2005. City Clerk Thompson stated that the Responsible Party for the property located at 1889 N. Cerritos Drive has paid the Abatement in full and the Council should remove the Resolution in Recommendation No. 1 regarding that property from consideration. City Council Minutes July 20,2005 Page 3 Mayor Oden opened the Public Hearing, no speakers coming forward the Public Hearing was closed. ACTION: 1. Adopt Resolution No. 21340 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE i REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 385 E. DESERT WILLOW CIRCLE." 2. Adopt Resolution No. 21341 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 4475 E. PASEO CAROLETA." 3. Adopt Resolution No. 21342 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 189 W. RACQUET CLUB DRIVE." 4. Adopt Resolution No. 21343 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 238 SATURMINO ROAD." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. Item I.F. was heard out of order. 1.F. CASE 5.1034 ADOPTION OF INTERIM DOWNTOWN URBAN DESIGN GUIDELINES FOR THE AREA BOUND APPROXIMATELY BY ALEJO ROAD TO THE NORTH, RAMON ROAD TO THE SOUTH, BELARDO ROAD TO THE WEST, AND INDIAN CANYON DRIVE TO THE EAST: Jing Yeo, Principal Planner, provided background information as outlined in the staff report dated July 20, 2005. Mayor Oden opening the Public Hearing and the following speakers addressed the City Council. TIM ELLIS, General Manager, Palm Springs Resort, read a letter into the record from Fred Grand and requested the interim guidelines be used as guidelines and not hard and fast rules. City Council Minutes July 20,2005 Page 4 SHERYL HAMLIN, Palm Springs, stated her concerns regarding rehabilitation of buildings, and her concerns with the chart on page 36 with respect to height; requested additional public comments prior to adopting the guidelines. JONO HILDER, Palm Springs, stated his support of the guidelines, expressed concerns with tipu trees and height; requested additional discussion prior to adopting the guidelines. ROXANN PLOSS, Palm Springs, expressed concerns with height and the status of the environmental studies, vesting of projects with regard to the current General Plan; and requested the City Council not allow an increase in height. CHARLES SACHS, Palm Springs, stated the plan is an interesting good start and requested the City Council take no action on the guidelines at this meeting. DANA STEWART, Palm Springs, read a letter into the record and expressed concerns regarding development. FRANK TYSEN, Palm Springs, stated his concerns regarding the process and height, and stated the guidelines are inappropriate at this time. JOY MEREDITH, Palm Springs, spoke in support of the Urban Design Guidelines and requested City Council action. NADINE KOEHLER, Palm Springs, read a letter into the record from Jon Caffery, in support of the guidelines and requested further research for the "public square." STEVE LYLE, spoke in support of the plan, in support of height in limited areas, and a residential element above retail. No further speakers coming forward, the Public Hearing was closed. The City Council discussed and/or commented on the following issues regarding the Interim Downtown Urban Design Guidelines: existing height, the definition of Interim Guidelines, pedestrian linkage between the Museum and the Convention Center, historic buildings and resources, concepts from the Section 14 Master Plan flowing to the Downtown Guidelines, the adjacent golf course, gap in the plan with regard to historic buildings, involvement of the community in the final Guidelines, timing of the General Plan. ACTION: 1) Adopt Resolution No. 21344, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Minutes July 20,2005 Page 5 ADOPTING INTERIM DOWNTOWN URBAN DESIGN GUIDELINES FOR THE AREA BOUND APPROXIMATELY BY ALEJO ROAD TO THE NORTH, RAMON ROAD TO THE SOUTH, BELARDO ROAD TO THE WEST, AND INDIAN CANYON DRIVE TO THE EAST" amending the Guidelines with respect to height differential between East and West of Downtown and emphasize Class 1 and Class 2 Historical sites and separate the Resource List from the Class 1 and Class 2 sites; and 2) I Direct Staff to circulate the document. Motion Councilmember Mills, seconded by Mayor Pro Tom McCulloch and unanimously carried on a roll call vote. The City Council recessed at 7:58 PM. The City Council reconvened at 8:16 PM. I.C. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2005-06: David Barakian, City Engineer, provided background information as outlined in the staff report dated July 20, 2005. Mayor Olden opened the Public Hearing and no speakers coming forward the Public Hearing was closed. The City Council discussed and/or commented on the following issues regarding the Maintenance Districts: impacts to the City due to the deficit in the districts. ACTION: 1. Adopt Resolution No. 21345 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005-06." 2. Adopt Resolution No. 21346 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT") FOR FISCAL YEAR 2005-06." 3. Adopt Resolution No. 21347 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA") AND THE LEVY AND COLLECTION OF ANNUAL City Council Minutes July 20,2005 Page 6 ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 4. Adopt Resolution No. 21348 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA") FOR FISCAL YEAR 2005-06." 5. Adopt Resolution No. 21349 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005-06." 6. Adopt Resolution No. 21350 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT") FOR FISCAL YEAR 2005-06." 7. Adopt Resolution No. 21351 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6B ("PARKSIDE ESTATES") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 8. Adopt Resolution No. 21352 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6B ("PARKSIDE ESTATES") FOR FISCAL YEAR 2005-06." 9. Adopt Resolution No. 21353 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 10. Adopt Resolution No. 21354 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Minutes July 20,2005 Page 7 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT") FOR FISCAL YEAR 2005-06." 11. Adopt Resolution No. 21355 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 12. Adopt Resolution No. 21356 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE") FOR FISCAL YEAR 2005-06." 13. Adopt Resolution No. 21357 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 14. Adopt Resolution No. 21358 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS") FOR FISCAL YEAR 2005-06." 15. Adopt Resolution No. 21359 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 16. Adopt Resolution No. 21360 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA") FOR FISCAL YEAR 2005-06." City Council Minutes July 20,2005 Page 8 17. Adopt Resolution No. 21361 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 18. Adopt Resolution No. 21362 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE") FOR FISCAL YEAR 2005-06." 19. Authorize the City Clerk to file the confirmed Engineer's Reports for Street Lighting Maintenance Districts No. 3 and 4, and for Parkway Maintenance Districts No. 6A, 6B, 6C, and 7 through 10; and to file the associated levy of assessments with the Riverside County Auditor. 20. Direct the City Engineer to schedule a Property Owner Protest Ballot Proceedings for Fiscal Year 2006-07 for a second attempt to address increased assessments for those Maintenance Districts that require continued subsidy of General Fund revenues. Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. I.D. CASE TPM33283 APPLICATION BY SANBORN A/E FOR A TENTATIVE PARCEL MAP TO SUBDIVIDE TWO LOTS OF APPROXIMATELY 36,154 SQUARE FEET INTO THREE LOTS OF APPROXIMATELY 13,350 SQUARE FEET, 11,220 SQUARE FEET, AND 11,530 SQUARE FEET TO ALLOW THE SUBDIVISION OF AN EXISTING SINGLE-FAMILY LOT AND FOR FUTURE DEVELOPMENT OF TWO SINGLE-FAMILY RESIDENCES, LOCATED AT 850 AVENIDA CABALLEROS, ZONE R-1-C, SECTION 11, APN 507-233-012 AND 507- 233-028: Matthew Feske, Associate Planner, provided background information as outlined in the staff report dated July 20, 2005. Associate Planner Feske distributed a list of recommended modifications to the Conditions. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. JOHN SANBORN, Applicant, stated he did not receive the new conditions and commented on the access to parcels and emergency access. No further speakers coming forward, the Public Hearing was closed. City Council Minutes July 20,2005 Page 9 The City Council discussed and/or commented on the following issues regarding the Parcel Map: emergency access between parcel 1 and parcel 2. ACTION: Adopt Resolution No. 21363, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, I APPROVING TENTATIVE PARCEL MAP TO SUBDIVIDE TWO LOTS OF APPROXIMATELY 36,154 SQUARE FEET INTO THREE LOTS OF APPROXIMATELY 13,350 SQUARE FEET, 11,220 SQUARE FEET, AND 11,530 SQUARE FEET TO ALLOW THE SUBDIVISION OF AN EXISTING SINGLE-FAMILY LOT AND FOR FUTURE DEVELOPMENT OF TWO SINGLE-FAMILY RESIDENCES, LOCATED AT 850 AVENIDA CABALLEROS, ZONE R-1-C, SECTION 11, APN 507-233-012 AND 507- 233-028" amending the conditions of approval in Exhibit A to the Resolution as described in the Memo dated July 20, 2005. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. I.E. ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT NO. 10, (MOUNTAIN GATE II): David Barakian, City Engineer, provided background information as outlined in the staff report dated July 20, 2005. Mayor Oden opening the Public Hearing and no speakers coming following the Public Hearing was closed. City Clerk Thompson opened the ballots received and stated the total assessment is 103,840.10 and the ballots received were 48,277.00 yes votes and zero no votes and as such a majority protest was not received, the City Council may proceed with the annexation and related actions by adopting the proposed Resolutions. The City Council discussed and/or commented on the following issues regarding the annexation: inclusion of the median island on Highway 111, and an additional assessment in case of flooding. ACTION: 1. Adopt Resolution No. 21364 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE PROPOSED ASSESSMENTS RELATED TO THE ANNEXATION OF MOUNTAIN GATE II (TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE") AND APPROVING CERTAIN RELATED ACTIONS." City Council Minutes July 20,2005 Page 10 2. Adopt Resolution No. 21365, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ANNEXATION OF "MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS i PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2005-06." 3. Adopt Resolution No. 21366, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDERING THE ANNEXATION OF "MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06.E 4. Authorize the City Clerk to file the confirmed Engineer's Report for Annexation No. 1 to Parkway Maintenance District No. 10; and to file the associated levy of assessments with the Riverside County Auditor. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. I.F. CASE 5.1034 ADOPTION OF INTERIM DOWNTOWN URBAN DESIGN GUIDELINES FOR THE AREA BOUND APPROXIMATELY BY ALEJO ROAD TO THE NORTH, RAMON ROAD TO THE SOUTH, BELARDO ROAD TO THE WEST, AND INDIAN CANYON DRIVE TO THE EAST: Item 1.F. was heard prior to Item 1.C. 1.G. CASE NO. 5.1061 APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING TEXT AMENDMENT TO AMEND THE SIGN CODE, AND ADD SECTION 93.20.05(12)(C) REGARDING OFF-SITE ADVERTISING DISPLAYS: Norm Canchola, Interim Director of Planning Services, provided background information as outlined in the staff report dated July 20, 2005. Mayor Oden opening the Public Hearing and the following speakers addressed the City Council. FRANK TYSEN, Palm Springs, spoke in support of the Ordinance. No further speakers coming forward, the Public Hearing was closed. City Council Minutes July 20,2005 Page 11 ACTION: 1) Waive the reading of the proposed Ordinance text in its entirety and introduce by title only; and 2) Introduce on first reading Ordinance No. 1670 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING PARAGRAPH 12 TO SUBSECTION C I OF SECTION 93.20.05 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE RELOCATION OF OFFSITE ADVERTISING DISPLAYS." Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. Councilmember Mills indicated he has the appearance of a business related conflict of interest in relation to Item I.H. and would not participate in the discussion or the vote, and left Council Chamber 8:47 PM. 1.H. CASE TPM32280 APPLICATION BY KFI LLC AND RFC PROPERTIES LLC FOR A TENTATIVE PARCEL MAP TO SUBDIVIDE ONE LOT OF APPROXIMATELY 6.28 ACRES INTO TWO LOTS OF APPROXIMATELY 2.00 ACRES AND 4.28 ACRES FOR FUTURE DEVELOPMENT, LOCATED AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE R-4, SECTION 14, APN 508-582-038 AND 508-582-070: Matthew Feske, Associate Planner, provided background information as outlined in the staff report dated July 20, 2005. Mayor Oden opening the Public Hearing, no speakers coming forward the Public Hearing was closed. The City Council discussed the purpose of the sub-division as no project has been proposed. ACTION: Adopt Resolution No. 21367, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 32280, FOR THE SUBDIVISION OF ONE LOT OF APPROXIMATELY 6.28 ACRES INTO TWO LOTS OF APPROXIMATELY 2.00 ACRES AND 4.28 ACRES FOR FUTURE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE R-4, SECTION 14, APN 508-582-038 AND 508-582-070." Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais at 8:51 PM. City Council Minutes July 20,2005 Page 12 Councilmember Mills indicated he has a business related conflict of interest in relation to Item 1.1. and would not participate in the discussion or the vote, and left Council Chambers 8:52 PM. 1.1. CASE TTM33577 APPLICATION BY ALEJO CABALLEROS II, LLC FOR A TENTATIVE TRACT MAP TO CREATE A CONDOMINIUM MAP OF APPROXIMATELY 2.7 ACRES TO CONSTRUCT 24 RESIDENTIAL CONDOMINIUMS, LOCATED AT AVENIDA CABALLEROS, ZONE HR, i SECTION 14, APN 508-034-008: Matthew Feske, Associate Planner, provided background information as outlined in the staff report dated July 20, 2005. I Mayor Oden opening the Public Hearing and the following speakers addressed the City Council. DENNIS FREEDMAN, commented on the width of the entry 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 regarding the Tentative Tract Map: width of the entry and Condition 55, stop sign as it relates to Condition 86 with the concurrence of the Police Department, vote of the Planning Commission regarding the reduction in road size, addressing the property/units off of Avenida Caballeros, street- signs within the project, one-way street and the responsibility of the City for enforcement of the one-way street. ACTION: Adopt Resolution No. 21368, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33577 TO CREATE A CONDOMINIUM MAP OF APPROXIMATELY 2.7 ACRES TO CONSTRUCT 24 RESIDENTIAL CONDOMINIUMS SUBJECT TO THE CONDITIONS OF APPROVAL, LOCATED AT AVENIDA CABALLEROS, ZONE HR, SECTION 14, APN 508-034-008" as amended by adding back in Conditions 85 and 86 and amending Condition 86 to be imposed at the discretion of staff, with concurrence of the Police Department, based on the final design. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais at 9:11 PM. JulyzV zVVO Page 13 PUBLIC COMMENT: VIC GAINER, Palm Springs, commented on SB557 sale of the Wastewater Treatment Plant. ELYSE DEL GRANCIA-GOODWIN, Rancho Mirage, spoke in opposition to Item 5.C. loan to Dick Taylor Productions. SERGIO SANTO, commented on Taxi Advertising and allowing advertising on the back window and the top of the taxi. ROBIN BURNS, thanked the City Council for the Taxi Cab Advertising Ordinance and provided comments received from the public, requested changes by allowing advertising on the back window and the top of the taxi. CHRIS KRAMER, Palm Springs Fire Department, spoke in support of Item 5.A. regarding an Agreement for Fire Services. JOHN WILLIAMS, Palm Springs, read two letters in support of Item 3.C. modifying construction hours. STEVE LYLE, commented on the Downtown Think Tank. DANA STEWART, Palm Springs, continued reading a letter from Item I.F. I I FRANK TYSEN, spoke regarding Item 3.C. proposed modifications to construction hours and stated his support for the modifications. JOY MEREDITH, thanked staff for the installation of the Free Parking Signs and commented on the Downtown Think Tank. JOE FOSTER, commented on problems in his neighborhood. IALVIN FUCHS, Palm Springs, thanked Assistant City Manager Butzlaff and City staff in the building department. WESLEY COLE, commented on the Downtown Think Tank. PATRICK SWARTHOUT, spoke in opposition to Item 3.C. modifications to construction hours. JUSTIN BLAKE, commented on the Downtown Think Tank and the Entertainment Sub- Committee. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Pougnet commented on Solar and Green Building. City Council Minutes July 20,2005 Page 14 CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: Councilmember Mills requested Item 2.1. be added back to the Consent Calendar. ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 21., 2.M., 2.N., 2.0., and 2.P. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the Agenda, July 20, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of July 13, 2005. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR JUNE 2005: ACTION: Receive and file Staff Authorized Agreements covering the period June 1 through June 30, 2005. Approved as part of the Consent i Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: Adopt Resolution No. 21369, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-02-05 BY WARRANTS NUMBERED 408809 THROUGH 408892 TOTALING $86,744.36, LIABILITY CHECKS NUMBERED 1006515 THROUGH 1006543 TOTALING $135,144.09, TWO WIRE TRANSFERS FOR $56,144.48 AND THREE ELECTRONIC ACH DEBITS OF $812,564.23 IN THE AGGREGATE AMOUNT OF $1,090,597.16 i DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1669 RELATING TO PUBLIC NUISANCES, COMMUNITY IMPROVEMENT, AND THE PROVISION OF ADMINISTRATIVE CITATIONS AS A REMEDY FOR SECURING ABATEMENT OF PUBLIC NUISANCES AND COMPLIANCE WITH THE PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE: ACTION: 1) Waive further reading; and 2) Adopt Ordinance No. 1669, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01.170, 1.08.050, 11.72.010, 11.72.180, 11.72.220, AND 11.72.225 OF ADDING SECTION, 1.01.171, 1.01.172, AND 1.01.240 TO, ADDING CHAPTER 1.06 TO, AND REPEALING City Council Minutes July 20,2005 Page 15 SECTIONS 11.72.186 AND 11.72.195 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC NUISANCES, COMMUNITY IMPROVEMENT, AND THE PROVISION OF ADMINISTRATIVE CITATIONS AS A REMEDY FOR SECURING ABATEMENT OF PUBLIC NUISANCES AND COMPLIANCE WITH THE PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE." Approved as part of the Consent Calendar. 2.F. APPROVAL OF FINAL MAP 32806 FOR A ONE LOT CONDOMINIUM MAP, LOCATED AT THE NORTH END OF EL CIELO ROAD WITHIN THE PALM SPRINGS INTERNATIONAL AIRPORT, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 21370 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32806 FOR PROPERTY LOCATED AT THE NORTH END OF EL CIELO ROAD WITHIN THE PALM SPRINGS INTERNATIONAL AIRPORT, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST." Approved as part of the Consent Calendar. 2.G. APPROVAL OF FINAL MAP 30046 AND SUBDIVISION AGREEMENT WITH CRV MONTE SERENO LP, FOR 89 SINGLE FAMILY HOMES AND 6 OPEN SPACE LOTS, LOCATED AT 1040 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21371 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 30046 FOR PROPERTY LOCATED AT 1040 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT I AGREEMENT WITH CRV MONTE SERENO LP;" and 2) Authorize the City Manager to execute all necessary documents. A5131. Approved as part of the Consent Calendar. 2.H. AUTHORIZE THE CITY MANAGER TO ACCEPT GRANTS FROM THE i FEDERAL AVIATION ADMINISTRATION: ACTION: 1) Approve Minute Order No. 7712, authorizing the City Manager to accept federal grant 3-06-0181-38 (AIP38) for a total amount not to exceed $11,000,000; and 2) Approve Minute Order No. 7713, authorizing the City Manager to accept federal grant 3-06-0181-39 (AIP39) for a total amount not to exceed $7,000,000; and 3) Authorize the City Manager to execute all necessary documents. A5132 and A5133. Approved as part of the Consent Calendar. 2.1. CASE 5.0830 APPEAL BY FAIRFIELD RESORTS, INC. OF THE PLANNING COMMISSION'S DECISION THAT THE FINAL DEVELOPMENT PLANS ARE NOT IN SUBSTANTIAL CONFORMANCE WITH THE PRELIMINARY PLANNED DEVELOPMENT DISTRICT 260 City Council Minutes July 20,2005 Page 16 FOR THE STAR CANYON RESORT LOCATED AT 961 SOUTH PALM CANYON DRIVE, ZONES W-R-3 AND W-C-1, SECTIONS 22 AND 23: ACTION: 1) Adopt Resolution No. 21372, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION THAT THE FINAL DEVELOPMENT PLANS REVIEWED ON MAY 11, 2005, ARE NOT IN SUBSTANTIAL CONFORMANCE WITH PRELIMINARY PLANNED DEVELOPMENT DISTRICT 260 FOR THE STAR CANYON RESORT LOCATED AT 961 SOUTH PALM CANYON DRIVE, ZONES W- C-1 AND W-R-3, SECTIONS 22 AND 23." Approved as part of the Consent Calendar. 2.J. SHORT-TERM EXTENSION OF WASTEWATER SERVICES AGREEMENT: ACTION: Adopt Minute Order No. 7714, Approving Amendment No. 3 to Agreement No. A4123 with Veolia Water North America-West, LLC (formerly US Filter Operating Services Incorporated) extending the term of the existing agreement through September 7, 2005, to enable the parties to finalize the new agreement. A4123. Approved as part of the Consent Calendar. 2.K. HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") BETWEEN THE CITY OF PALM SPRINGS AND JAIME RUMMERFIELD FOR THE PROPERTY LOCATED AT 300 EAST MOLINO ROAD: ACTION: 1) Adopt Minute Order No. 7715, Approving a Historic Property Preservation Agreement ("Mills Act Contract") with Jaime Rummerfield for the property located at 300 East Molino Road; and 2) Authorize the City Manager to execute all necessary documents. A5134. Approved as part of the Consent Calendar. 21. UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING i AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2005: ACTION: Adopt Resolution No. 21373, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2005." Approved as part of the Consent Calendar. 2.M. APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2006: ACTION: Adopt Resolution No. 21374, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2006." Approved as part of the Consent Calendar. I I City Council Minutes July 20,2005 Page 17 2.N. APPROVAL OF FINAL MAP 32613 FOR A ONE LOT CONDOMINIUM MAP, LOCATED BETWEEN RAMON ROAD AND CAMINO PAROCELA AND BETWEEN PASEO DOROTEA AND CALLE SANTA CRUZ, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 21375 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32613 FOR PROPERTY LOCATED BETWEEN RAMON ROAD AND CAMINO PAROCELA AND BETWEEN PASEO DOROTEA AND CALLE SANTA CRUZ, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST." Approved as part of the Consent Calendar. 2.0 CONTRACT AWARD TO MATICH CORPORATION FOR THE CONSTRUCTION OF NON-REVENUE TERMINAL PARKING, CITY PROJECT NO. CP2004-07: ACTION: 1) Adopt Minute Order No. 7716, Rejecting all bids received for City Project No. CP 2004-07 Construction of non-revenue terminal parking, authorizing staff to revise project specifications related to project funding method and otherwise approving and adopting the plans, specifications and work details for City Project No. CP 2004-07 and authorizing rebidding of the revised specifications. Approved as part of the Consent Calendar. i 2.P. AGREEMENT WITH PARADES OF PALM SPRINGS FOR SPONSORSHIP OF THE 2005 FESTIVAL OF LIGHTS PARADE: ACTION: 1) Adopt Minute Order No. 7717, Approving a sponsorship agreement with Parades of Palm Springs for the 2005 Festival of Lights Parade; and 2) Authorize the City Manager to execute all necessary documents. A5135. Approved as part of the Consent Calendar. I 2.Q. SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 "AMERICAN HEAT" PALM SPRINGS MOTORCYCLE AND HOT ROD WEEKEND: Removed from the Consent Calendar for separate discussion. 2.R. CONSULTANT SERVICES AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS (PMC) FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND THE PROVISION OF FOCUSED ENTITLEMENT SERVICES ASSOCIATED WITH THE PROPOSED SMOKETREE COMMONS SHOPPING CENTER: Removed from the Consent Calendar for separate discussion. 2.S. AGREEMENT WITH DESERT WATER AGENCY TO PROVIDE SEWER SERVICES TO SPECIFIC DEVELOPMENTS OUTSIDE THE CITY'S JURISDICTION: Removed from the Consent Calendar for separate discussion. City Council Minutes July 20,2005 Page 18 The City Council recessed at 9:54 PM The City Council reconvened at 10:07 PM. ACTION: Continue the meeting past the 10:00 PM tentatively scheduled adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried. EXCLUDED CONSENT CALENDAR: 2.Q. SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 "AMERICAN HEAT" PALM SPRINGS MOTORCYCLE AND HOT ROD WEEKEND: Councilmember Pougnet requested an economic benefit report be provided for this event in future years. Police Chief Jeandron provided a report on Police activity with respect to the previous year's event. Councilmember Mills requested that homeowners in the immediate area be notified prior to the event, and requested the promoter investigate moving the event to Indian Avenue for future events. ACTION: 1) Adopt Resolution No. 21376 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 AMERICAN HEAT PALM SPRINGS MOTORCYCLE AND HOT ROD WEEKEND;" AND 2) Adopt Minute Order No. 7718, Approving a Sponsorship Agreement with Roadshows, Incorporated to produce the event, subject to final approval by the City Attorney and authorizing the City Manager to execute the agreement. A5143. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.R. CONSULTANT SERVICES AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS (PMC) FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND THE PROVISION OF FOCUSED ENTITLEMENT SERVICES ASSOCIATED WITH THE PROPOSED SMOKETREE COMMONS SHOPPING CENTER: i Assistant City Manager Butzlaff provided background information as outlined in the staff report dated July 20, 2005. I The City Council discussed and/or commented regarding the following issues: non-involvement regarding the EDC group or other users, concerns with the process of vendor selection, process which usually includes the applicant to prepare an EIR and then the EIR is reviewed by the City, statement in scope of services, noticing by the contractor, time and materials or a fixed price. City Council Minutes July 20,2005 Page 19 ACTION: 1) Approve Minute Order No. 7719, Authorizing the City Attorney to prepare a consultant services agreement with PMC to prepare an Environmental Impact Report and to provide Focused Entitlement services associated with the proposed Smoketree Commons Shopping Center, in an amount not-to-exceed $125,240; and 2) Authorize the City Manager to execute all necessary documents. A5136. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried. 2.S. AGREEMENT WITH DESERT WATER AGENCY TO PROVIDE SEWER SERVICES TO SPECIFIC DEVELOPMENTS OUTSIDE THE CITY'S JURISDICTION: The City Council discussed the fiscal impact. ACTION: 1) Adopt Minute Order No. 7720, Approving an Agreement with Desert Water Agency to provide sewer services for specific developments outside the City's jurisdiction but within the Desert Water Agency's Service Area; and 2) Authorize the City Manager to execute the agreement. A5142. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried. 3. LEGISLATIVE: 3.A. ANNUAL LEVY OF ASSESSMENTS FOR PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2, FISCAL YEAR I 2005-06: David Barakian, City Engineer, provided background information as i outlined on the staff report dated July 20, 2005. ACTION: 1. Adopt Resolution No. 21377 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ("BELARDO ROAD AREA") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005-06." I 2. Adopt Resolution No. 21378 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ("BELARDO ROAD AREA") FOR FISCAL YEAR 2005-06." City Council Minutes July 20,2005 Page 20 3. Adopt Resolution No. 21379 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ("MCMANUS DRIVE") AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005-06." 4. Adopt Resolution No. 21380 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ("MCMANUS DRIVE") FOR FISCAL YEAR 2005-06." 5. Authorize the City Clerk to file the confirmed Engineer's Reports for Street Lighting Maintenance Districts No. 1 and 2; and to file the associated levy of assessments with the Riverside County Auditor. i 6. Direct the City Engineer to schedule a Property Owner Protest Ballot Proceedings for Fiscal Year 2005-06 for a second attempt to address increased assessments for these two Street Lighting Maintenance Districts. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3.113. CONSIDERATION OF THE INTENTION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) CITY OF PALM SPRINGS; AND THE INTENTION TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $21,000,000; AND APPROVAL OF A DEPOSIT AND REIMBURSEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC: David Barakian, City Engineer, and Craig Graves, Director of Finance provided background information as outlined in the staff report dated July 20, 2005. The City Council discussed and/or commented on the following issues regarding the Assessment District: assessing the public improvements to the hotel and the golf course. ACTION: 1. Adopt Resolution No. 21381, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS." City Council Minutes July 20,2005 Page 21 2. Adopt Resolution No. 21382, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $21,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS." 3. Adopt Resolution No 21383, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ORDERING THE EXECUTION OF THAT CERTAIN DEPOSIT AND REIMBURSEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH." A5137. 4. Authorize the City Manager to execute all necessary documents. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 3.C. PROPOSED URGENCY ORDINANCE ADOPTING LIMITATIONS ON CONSTRUCTION HOURS FOR THE DOWNTOWN AREA OF THE CITY: Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 20, 2005. The City Council discussed and/or commented on the following issues relating to construction hours for the Downtown area: health and welfare of construction workers during the summer months, change of hours during seasonal periods, boundaries too large. MOTION: 1) Waive reading of the proposed ordinance text, and read by title only; and 2) Adopt Urgency Ordinance "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING LIMITATIONS OF HOURS OF THE CONSTRUCTION FOR THE DOWNTOWN AREA OF THE CITY." Motion Councilmember Foat, failed for lack of a second. ACTION: Direct staff to perform a more comprehensive review of the hours of construction and construction activities; discuss the matter with affected persons, businesses, and industries. Motion Councilmember Pougnet, seconded by Councilmember Mills and carried on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: Councilmember Foat. City Council Minutes July 20,2005 Page 22 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. AMENDMENT TO AGREEMENT NO. 3436 WITH THE COUNTY OF RIVERSIDE AUTHORIZING THE FIRE DEPARTMENT TO ASSUME FIRE SERVICES WITHIN FIRE PROTECTION AREA NO. 2N IN ANNEXATION NO. 26, AND INCREASE ON DUTY STAFFING AT FIRE STATION NO. 443 TO THREE PERSONS: Blake Goetz, Fire Chief, provided background information as outlined on the staff report dated July 20, 2005. ACTION: 1) Adopt Minute Order No. 7721, Approving Amendment 1 to Agreement No. 3436 with the County of Riverside and the Community Redevelopment Agency of the County of Riverside providing for the City to assume fire services in the Fire Protection Area 2N; and 2) Authorize increased staffing at Fire Station No. 443 to three persons (Captain, Engineer, and Firefighter) in the First Quarter of 2006 and direct staff to prepare the appropriate amendment to the Allocated Positions Resolution. i A3436. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. Councilmember Mills indicated he has a business related conflict of interest with regard to Item 5.13. would not participate in the discussion or the vote, and left Council Chamber at 11:33 PM. 5.B. CASE 5.1001 AGUA CALIENTE BAND OF CAHUILLA INDIANS VILLAGE TRADITIONS PROJECT TO CONSTRUCT A 104 UNIT MULTI-FAMILY CONDOMINIUM ON 11.7 ACRES LOCATED ON A SITE GENERALLY BOUND BY RAMON ROAD, CALLE EL SEGUNDO AND SATURNINO ROAD, ZONE R-4, SECTION 14: Troy Butzlaff, Assistant City Manager and Matthew Feske, Associate Planner provided background information as outlined in the staff report dated July 20, 2005, The City Council discussed and/or commented on the following issues regarding the project: number of pools, enhancements on the North Side, plans for only one entrance and one exit. ACTION: Adopt Resolution No. 21384, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A PROCESS WAIVER TO CERTAIN PROCEDURAL REQUIREMENTS OF THE LAND USE COORDINATION AGREEMENT THAT ARE NOT NECESSARY IN THE IMMEDIATE SITUATION AND INCORPORATING SPECIFIC RECOMMENDATIONS OF PROJECT APPROVAL" amending Exhibit A by adding one condition 'The applicant extend the existing drainage culvert for the Baristo Channel, as necessary to facilitate the widening of City Council Minutes July 20,2005 Page 23 Calle El Segundo and Saturnino Road, in accordance with the Section 14 Master Plan. Plans for the extension of the existing drainage culvert should be submitted to Riverside County Flood Control and Water Conservation District (RCFC) for review and approval, and an encroachment permit for its extension should be obtained from RCFC prior to construction of the recommended street improvements." Motion Councilmember Pougnet, seconded by Mayor Pro Tom McCulloch and unanimously carried on a roll call vote. Councilmember Mills returned to dais at 11:46 PM. 5.C. PALM SPRINGS PAVILION THEATRE: City Manager Ready provided background information as outlined in the staff report dated July 20, 2005. Dick Taylor provided information regarding his proposal. The City Council recessed at 11:57 PM. The City Council reconvened at 12:02 AM. ACTION: 1) Adopt Minute Order No. 7722, Approving a loan agreement with Dick Taylor Productions, subject to final approval of the City Attorney, in the amount of $300,000 at zero interest for the term of 36-months and waiving the associated development fees up to a maximum of $10,000; 2) Adopt Resolution No. 21385, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06;" and 3) Authorize the City Manager to execute all necessary documents to effectuate the Agreement. A5138. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. 5.1). AUTHORIZING THE CITY MANAGER TO EXECUTE EXECUTIVE EMPLOYMENT AGREEMENTS: City Manager Ready provided background information regarding the proposed contracts. The City Council discussed and/or commented on the following issues with regard to the proposed contracts: organizational chart, previous changes in the Planning Department, budgetary concerns. MOTION: 1) Adopt Minute Order Authorizing the City Manager to execute an Employment Agreement with Thomas Wilson, for Assistant City Manager — Development Services; 2) Adopt Minute Order Authorizing the City Manager to execute an Employment Agreement with Craig A. Ewing, Director of Planning. Motion Councilmember Mills, failed for lack of a second. City Council Minutes July 20,2005 Page 24 ACTION: Adopt Minute Order No. 7723, Authorizing the City Manager to execute an Employment Agreement with Thomas Wilson, for Assistant City Manager — Development Services. A5139. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet and Mayor Oden. NOES: Mayor Pro Tern McCulloch. ACTION: Adopt Minute Order No. 7724, Authorizing the City Manager to execute an Employment Agreement with Troy Butzlaff, Assistant City Manager — Administration. A5140. Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Oden. NOES: Councilmember Mills and Mayor Pro Tem McCulloch. ACTION: Adopt Minute Order No. 7725, Authorizing the City Manager to execute an Employment Agreement with Craig A. Ewing, Director of Planning. A5141. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: None. The City Council recessed into Closed Session at 12:38 AM. "The City Council reconvened at 1:20 AM. REPORT OF CLOSED SESSION: City Attorney Holland stated the City Council took no reportable actions. ADJOURNMENT: The City Council adjourned at 1:20 AM on Thursday, July 21, 2005 to a City Council Regular Meeting at 6:00 P.M., Wednesday, September 7, 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 ON THE PALM SPRINGS CITY COUNCIL THIS r DAY OF SEPTEMBER, 2005. TH MAYOR ATTEST: City Clerk