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HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 www.ci.palm-springs.ca.us AGENDA o4yAl y.,p4i ,July 20, 2005 w 4:30 PM CLOSED SESSION 4 6:00 PM REGULAR MEETING r'4[IF Ra`¢ Ron Oden, Mayor Mike McCulloch, Mayor Pro Tern Ginny Foat, Councilmember Chris Mills, Councilmember Steve Pougnet, Councilmember City of Palm Springs Vision Statement: Palm Springs aspires to be a unique world class desert community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible, sustainable economic growth and to enhance our natural desert beauty. We are committed to providing responsive, friendly and efficient customer service in an environment that fosters unity among all our citizens. David H. Ready, City Manager Troy Butzlaff, Assistant City Manager Douglas C. Holland, City Attorney James Thompson, City Clerk Craig Graves, City Treasurer Any person who wishes to speak regarding an item on the agenda or on a subject within the City's jurisdiction during the "Public Comments" portion of the agenda must file a "Speaker Card" with the City Clerk BEFORE that portion of the agenda is called. Although the City Council/Community Redevelopment Agency Members values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak on a Public Hearing must file a "Speaker Card" with the City Clerk BEFORE the Public Hearing is called. Complete City Council Agenda Packets are available for public inspection at: City Hall Office of the City Clerk, Palm Springs Library and the Palm Springs Police Station. Agenda and staff reports are available on the City's website www.ci.palm-springs.ca.us. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at(760)323-8204. Please note, any agenda item which has not been initiated by 10:00 P.M. may be continued to a subsequent meeting. City Council meetings are cablecast live on PSCTV Channel 17. Meetings are re-broadcast (following the meeting) on Thursday at 8:00 P.M., Saturday at 1:30 P.M.and Tuesday at 7:00 P.M. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323-8219, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 4:30 P.M. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSION CALL TO ORDER: PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Items contained only on the Closed Session Agenda. RECESS TO CLOSED SESSION: See Closed Session Agenda. 6:00 P.M. CITY COUNCIL REGULAR MEETING CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Rev. Hank Bates, Desert Cities Community Church. ROLL CALL: PRESENTATIONS: ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on consent calendar items, and request consent calendar items be removed from the consent calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda. REPORT OF CLOSED SESSION: 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: RECOMMENDATION: Adopt Resolution No. "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 CALIFORNIA NON-PROFIT CORPORATION, FOR THE REFINANCING AND REHABILITATION OF THE TAHQUITZ City Council Agenda July 20,2005 Page 3 COURT APARTMENTS AT 2800, 2900 AND 2990 EAST TAHQUITZ CANYON WAY." I.B. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS: RECOMMENDATION: 1. Adopt Resolution No. "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 1889 N. CERRITOS DRIVE." 2. Adopt Resolution No. "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 385 E. DESERT WILLOW CIRCLE." 3. Adopt Resolution No. "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." 4. Adopt Resolution No. "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." 5. Adopt Resolution No. "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." 1.C. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2005-06: RECOMMENDATION: 1. Adopt Resolution No. "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." City Council Agenda July 20,2005 Page 4 2. Adopt Resolution No. "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. "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 ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 4. Adopt Resolution No. "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. "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. "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. "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.E 8. Adopt Resolution No. "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." City Council Agenda July 20,2005 Page 5 9. Adopt Resolution No. "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. "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. 6C ("PARK SONORA TRACT") FOR FISCAL YEAR 2005-06." 11. Adopt Resolution No. "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. "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. "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. "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. "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 City Council Agenda July 20,2005 Page 6 ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06." 16. Adopt Resolution No. "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." 17. Adopt Resolution No. "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. "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. 1.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: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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." City Council Agenda July 20,2005 Page 7 1.E. ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT NO. 10, (MOUNTAIN GATE II): RECOMMENDATION: 1. Following public testimony, if any, at the Public Hearing, direct the City Clerk to open and tabulate all valid ballots received up to and during the Public Hearing by the City Clerk related to Annexation No. 1 to Parkway Maintenance District No. 10 ("Mountain Gate"), and to announce the results of the property owner protest ballot proceeding. 2. Adopt Resolution No. "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." 3. Adopt Resolution No. "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." 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. 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: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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." I.G. CASE NO. 5.1061 APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING TEXT AMENDMENT TO AMEND THE SIGN CODE, City Council Agenda July 20,2005 Page 8 AND ADD SECTION 93.20.05(12)(C) REGARDING OFF-SITE ADVERTISING DISPLAYS: RECOMMENDATION: 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. "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." 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: RECOMMENDATION: Adopt Resolution No. , "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." 1.1. CASE TTM33577 APPLICATION BY ALEJO CABALLEROS 11, 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, SECTION 14, APN 508-034-008: RECOMMENDATION: Adopt Resolution No. , "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." PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Consent Calendar and other Agenda items; and items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Three (3) minutes assigned for each speaker. Testimony for Public Hearings will only be taken at the time of the hearing. COUNCILMEMBER COMMENTS AND REQUESTS: This portion of the meeting is set aside for general comments, announcements, requests of staff, and/or other issues of concern from members of the City Council. City Council Agenda July 20,2005 Page 9 CITY MANAGER'S REPORT: This time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council. 2. CONSENT CALENDAR: The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Approval of the Agenda. The title is deemed to be read and further reading waived on any ordinance listed on the consent calendar for introduction or adoption. 2.A. REPORT ON POSTING OF THE AGENDA: RECOMMENDATION: Receive and File Report on the Posting of the Agenda, July 20, 2005 City Council Agenda. 2.B. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City Council Minutes of July 13, 2005. 2.C. STAFF AUTHORIZED AGREEMENTS FOR JUNE 2005: RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period June 1 through June 30, 2005. 2.11). APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: RECOMMENDATION: Adopt Resolution No. , "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 DRAWN ON BANK OF AMERICA." 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: RECOMMENDATION: 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 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 City Council Agenda July 20,2005 Page 10 ABATEMENT OF PUBLIC NUISANCES AND COMPLIANCE WITH THE PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE." 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: RECOMMENDATION: Adopt Resolution No. "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." 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: RECOMMENDATION: 1) Adopt Resolution No. "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 AGREEMENT WITH CRV MONTE SERENO LP;" and 2) Authorize the City Manager to execute all necessary documents. A 2.H. AUTHORIZE THE CITY MANAGER TO ACCEPT GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION: RECOMMENDATION: 1) Approve Minute Order No. , 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. , 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. A and A 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 FOR THE STAR CANYON RESORT LOCATED AT 961 SOUTH PALM CANYON DRIVE, ZONES W-R-3 AND W-C-1, SECTIONS 22 AND 23: RECOMMENDATION: 1) Adopt Resolution No. , "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 City Council Agenda July 20,2005 Page 11 STAR CANYON RESORT LOCATED AT 961 SOUTH PALM CANYON DRIVE, ZONES W-C-1 AND W-R-3, SECTIONS 22 AND 23." 2.J. SHORT-TERM EXTENSION OF WASTEWATER SERVICES AGREEMENT: RECOMMENDATION: Adopt Minute Order No. 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. A_ 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: RECOMMENDATION: 1) Adopt Minute Order No. 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. A 2.L. UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2005: RECOMMENDATION: Adopt Resolution No. , "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." 2.M. APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2006: RECOMMENDATION: Adopt Resolution No. , "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." 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: RECOMMENDATION: Adopt Resolution No. "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." City Council Agenda July 20,2005 Page 12 2.0 CONTRACT AWARD TO MATICH CORPORATION FOR THE CONSTRUCTION OF NON-REVENUE TERMINAL PARKING, CITY PROJECT NO. CP2004-07: RECOMMENDATION: 1) Adopt Minute Order No. Awarding the construction of the non-revenue terminal parking, to Matich Corporation, in the amount of$699,699, City Project No. CP2004-07; and 2) Authorize the City Manager to execute all necessary documents. A 2.P. AGREEMENT WITH PARADES OF PALM SPRINGS FOR SPONSORSHIP OF THE 2005 FESTIVAL OF LIGHTS PARADE: RECOMMENDATION: 1) Adopt Minute Order No. , 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. A 2.Q. SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 "AMERICAN HEAT" PALM SPRINGS MOTORCYCLE AND HOT ROD WEEKEND: RECOMMENDATION: 1) Adopt Resolution No. "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. , 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. 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: RECOMMENDATION: 1) Approve Minute Order No. , 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. A 2.S. AGREEMENT WITH DESERT WATER AGENCY TO PROVIDE SEWER SERVICES TO SPECIFIC DEVELOPMENTS OUTSIDE THE CITY'S JURISDICTION: RECOMMENDATION: 1) Adopt Minute Order No. 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. City Council Agenda July 20,2005 Page 13 EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time. 3. LEGISLATIVE: 3.A. ANNUAL LEVY OF ASSESSMENTS FOR PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2, FISCAL YEAR 2005-06: RECOMMENDATION: 1. Adopt Resolution No. "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." 2. Adopt Resolution No. "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." 3. Adopt Resolution No. "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. "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. 3.13. 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: City Council Agenda July 20,2005 Page 14 RECOMMENDATION: 1. Adopt Resolution No. , "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." 2. Adopt Resolution No. , "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 , "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." A 4. Authorize the City Manager to execute all necessary documents. 3.C. PROPOSED URGENCY ORDINANCE ADOPTING LIMITATIONS ON CONSTRUCTION HOURS FOR THE DOWNTOWN AREA OF THE CITY: RECOMMENDATION: 1) Waive reading of the proposed ordinance text, and read by title only; and 2) Adopt Urgency Ordinance No. , "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING LIMITATIONS OF HOURS OF THE CONSTRUCTION FOR THE DOWNTOWN AREA OF THE CITY." 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.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: RECOMMENDATION: 1) Adopt Minute Order No. 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 City Council Agenda July 20,2005 Page 15 persons (Captain, Engineer, and Firefighter) in the First Quarter of 2006 and direct staff to prepare the appropriate amendment to the Allocated Positions Resolution. A3436. 5.13. 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: RECOMMENDATION: Adopt Resolution No. , "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." S.C. PALM SPRINGS PAVILION THEATRE: RECOMMENDATION: 1) Adopt Minute Order No. 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. , "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. A 5.D. AUTHORIZING THE CITY MANAGER TO EXECUTE EXECUTIVE EMPLOYMENT AGREEMENTS: RECOMMENDATION: 1) Adopt Minute Order No. Authorizing the City Manager to execute an Employment Agreement with Thomas Wilson, for Assistant City Manager— Planning ; 2) Adopt Minute Order No. , Authorizing the City Manager to execute an Employment Agreement with Troy Butzlaff, Assistant City Manager — Administration; and 3) Authorizing the City Manager to execute an Employment Agreement with Craig A. Ewing, Director of Planning. A.. A . A COUNCILMEMBER COMMENTS AND REPORTS: Additional reports, general comments, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time. ADJOURNMENT: The City Council will adjourn to a City Council 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. 4��P A LM sp4 �c CITY OF PALM SPRINGS/CRA CLOSED SESSION AGENDA * * PALM SPRINGS CITY HALL— SMALL CONFERENCE ROOM 1A10 9A p" Wednesday, July 20, 2005 4<�FUit 4:30 P.M. COMMUNITY REDEVELOPMENT AGENCY ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Desert Fashion Plaza —Wessman Development A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with John Wessman Relative to that certain real property located on the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way known as the Desert Fashion Plaza, and to give direction to its negotiator, David Ready, regarding the price and terms of payment relative to this property. B. Prairie Schooner Parcel — Andreas Road A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with Lauri Kibby, representing Oasi Group, and Curt Olson, representing Nexus Com- munities, and to give direction to its negotiator, John Raymond, relative to that certain real property known as the Prairie Schooner parcel on Andreas Road adjacent to the Wyndham Hotel, regarding the price and terms of payment for this property. 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: None. CITY OF PALM SPRINGS ISSUES 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR A. Golf Course Hotel — SECO/SDC A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Bill Swank, Sr., Managing Partner of SECO/SDC, and give direction to its negotiator, John Raymond, relative to that certain real property known as the Tahquitz Creek Legends Course Parking Lot and Driving Range, located on Golf Club Drive, regarding the price and terms of payment for this property. B. Undeveloped Parcel Calle Alvarado—Walter Family Partnership A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Aftab Dada, representing Walter Family Partnership, and to give direction to its negotiator, David Ready, relative to that 1.77 acres of undeveloped real property located on Calle Alvarado between Andreas Road and Amado Road, regarding the price and terms of payment for this property. C. Indian Oasis -- Noia Investments Inc. A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with Ernie Noia, representing Noia Investments, and to give direction to its negotiator, John Raymond, relative to the price and terms of payment for certain vacant property located south of Mesquite Ave and east and west of Crossley Road. D. Oasis Hotel — Brandenburg-Lyle A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with Steve Lyle, representing Brandenburg-Lyle, and to give direction to its negotiator, John Raymond, relative to the price and terms of payment for certain property known as the Oasis Hotel located at the corner of Tahquitz Canyon Way and Palm Canyon Drive. 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: None. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: A. Exposure to Litigation —Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(b) (1) and (3) (A) (B), because there is significant exposure to litigation in two cases. B. Possible Initiation of Litigation —Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(c), because the City is considering whether to initiate litigation in two cases. 6. PERSONNEL MATTERS: A. Conference with Labor Negotiator— Represented Units Palm Springs Management & Professional Employees, General Unit and Palm Springs Police Officers Association A closed session will be held, pursuant to Government Code Section 54957.6, with David Ready, the City's labor negotiator, regarding negotiations with the Palm Springs Management & Professional Employees, General Unit and the Palm Springs Police Officers Association. B. Public Employee Performance Evaluation — City Manager A closed session will be held, pursuant to Government Code Section 54957, to conduct a performance evaluation of the City Manager. If additional information is needed, please contact Marilynn Hannon in the Office of the Assistant City Manager at 7601323-8202. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323-8219, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. The telephone number for the hearing impaired (TDD) is 7691864-9527. POSTED 711512005