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HomeMy WebLinkAbout6/29/2005 - STAFF REPORTS (10) PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, JUNE 15, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern McCulloch called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE: Councilmember Pougnet led the Pledge. INVOCATION: Reverend Kevin Johnson, Bloom in the Desert Ministries, led the Invocation. ROLL CALL: PRESENT: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson, City Treasurer Graves. PRESENTATIONS: Police Chief Gary Jeandron swore-in new Police Officers: Jacquelyn Bridgewater and Raymond Miller. The Palm Springs Police Department presented commendations to Palm Springs Fire Department Personnel, Pilot Steve DeJesus and members of the Search and Rescue Team for their volunteer rescue efforts during the recent plane crash in the hills above Palm Springs. ACCEPTANCE OF THE AGENDA: Councilmember Foat requested Item 2.J. be removed from the Consent Calendar for separate discussion. Councilmember Pougnet requested Items 2.F. and 2.H. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern McCulloch requested Item 2.G. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern McCulloch requested that Warrant No. 1005740 on Consent Calendar Item 2.C. be removed from the Warrant Register and direct staff to return that Warrant for Council consideration on June 29, 2005. ACTION: Accept the Agenda as amended. By consensus of the City Council. Item No. 2 . B . City Council Minutes June 15,2005 Page 2 REPORT OF CLOSED SESSION: City Attorney Holland stated at 5:00 PM the City Clerk called the meeting to order and adjourned the meeting for lack of a quorum. The meeting was adjourned to the 6:00 PM regular meeting and a Notice of Adjournment was posted. PUBLIC COMMENT: JOHN CONNELL, stated that employees are using City vehicles for personal use outside the City, and commented on a recent letter he received from the City Attorney regarding a code violation. DUANE ROHRBAUGH, General Manager Wyndham Hotel, stated his support for Item 5.A. regarding the assignment of the lease to Hospitality LP. PATRICK CAMPBELL, stated his support for Item 5.A. regarding the assignment of the lease to Hospitality LP. KEN FEENSTRA, Palm Springs, spoke in support for Item 2.H. traffic calming in the Movie Colony area. DIANE AHLSTROM, Palm Springs, spoke in support for Item 2.11. traffic calming in the Movie Colony area. ROXANN PLOSS, Palm Springs, commented on air quality in Riverside County, environmental issues with regard to development, and Item 3.B. regarding assessment districts. DANA STEWART, Palm Springs, commented on inconsistencies between the General Plan and Zoning, and the sale of the Wastewater Treatment Plant. KEN LEVIN, Palm Springs, commented on Item 2.H. traffic calming in the Movie Colony area. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C. (Warrant No. 1005740 removed), 2.D., 2.E., 2.1., and 2.K. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote, noting the absence of Councilmember Mills and Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the June 15, 2005 City Council Agenda. Approved as part of the Consent Calendar. City Council Minutes June 15,2005 Page 3 2.8. STAFF AUTHORIZED AGREEMENTS FOR MAY 2005: ACTION: Receive and file Staff Authorized Agreements covering the period May 1 through May 31, 2005. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21287 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED MAY 21, 2005;" and 2) Adopt Resolution No. 21288 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1005681 THROUGH 1005908 THE AGGREGATE AMOUNT OF $2,741,006.47." Approved as part of the Consent Calendar removing Warrant No. 1005740 and directing staff to return with that Warrant on June 29, 2005. 2.D. PROPOSED TEN-MONTH LEASE AGREEMENTS WITH EVA'S AT THE PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: 1) Approve Minute Order No. 7688, approving lease agreements between the City of Palm Springs and Eva's at Palm Springs International Airport, in a form acceptable to the City Attorney, for the operation of two (2) retail merchandise units ("Retail Carts") for a period of ten (10) months; and 2) Authorize the City Manager to execute all necessary documents. A5117 and A5118. Approved as part of the Consent Calendar. 2.E. PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE NEW REGIONAL HOLDROOMS, FAA PROJECT EXPAND TERMINAL HOLDROOMS-ADD CHECKPOINT PHASE 3 (PART 2), CITY PROJECT NO. CP2005-10: ACTION: 1) Approve Minute Order No.7689, approving plans and specifications for the construction of the New Regional Holdrooms, FAA Project Expand Terminal Holdrooms-add Checkpoint Phase 3 (Part 2) and City Project No. CP2005-10, and the engineer's construction cost estimate of $15,500,000; and 2) Direct staff to proceed with the solicitation of bids for Project No. 2005-10. Approved as part of the Consent Calendar. 2.F. FILING OF NUISANCE ABATEMENT PROCEEDINGS AND ACCOUNTING REPORTS FOR SEVEN PUBLIC NUISANCES: Removed from the Consent Calendar for separate discussion. 2.G. THE NAMING OF THE PALM SPRINGS POLICE DEPARTMENT FIRING RANGE IN HONOR OF COMMANDER JAMES A. HEAZLETT: Removed from the Consent Calendar for separate discussion. City Council Minutes June 15,2005 Page 4 2.H. CASE 5.1047 — AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CONCEPTUAL APPROVAL OF THE MOVIE COLONY TRAFFIC CALMING PROGRAM, LOCATED EAST OF INDIAN CANYON DRIVE, NORTH OF ALEJO ROAD, SOUTH OF TAMARISK ROAD AND WEST OF VIA MIRALESTE, SECTION 11: Removed from the Consent Calendar for separate discussion. 2.1. APPROVAL OF MINUTES: ACTION: Approve the Minutes of the City Council Meeting of June 8, 2005. Approved as part of the Consent Calendar. 2.J. CASE 5.0973-PD-287, APPROVAL OF A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $ 117,000, WITH LSA ASSOCIATES INC., FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR CASE NO 5.0973-PD, AN APPLICATION BY WESSMAN DEVELOPMENT FOR THE BOULDERS PROJECT AND FOR CASE NO 5.0996-PD-294 (TTM 31766), AN APPLICATION BY WESSMAN DEVELOPMENT FOR THE CRESCENDO PROJECT: Removed from the Consent Calendar for separate discussion. 2.K. PARTIAL SUSPENSION OF THE SEWER FACILITY FEE: ACTION: Adopt Resolution No. 21289, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING COLLECTION OF 40% OF THE CITY SEWER FACILITY FEE CHARGED FOR CONSTRUCTION WITHIN THE CITY LIMITS, FOR THE PERIOD COMMENCING JULY 1, 2005 TO JUNE 30, 2006 AND AUTHORIZING THE EXECUTION OF AGREEMENTS AND CONTRACTS WITH OTHER GOVERNMENTAL AGENCIES FOR THE PROVISION OF SEWER SERVICES TO PROPERTIES OUTSIDE OR ADJACENT TO THE CITY." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.F. FILING OF NUISANCE ABATEMENT PROCEEDINGS AND ACCOUNTING REPORTS FOR SEVEN PUBLIC NUISANCES: Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated June 15, 2005. The City Council discussed the collection rate regarding these assessments, and the process for one-property on the market for sale. ACTION: 1) Receive and file the proceedings and accounting reports for the abatement of seven public nuisances located throughout the City; and 2) Direct staff to set the public hearing for July 6, 2005. Motion Councilmember Foat, City Council Minutes June 15,2005 Page 5 seconded by Councilmember Pougnet and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. 2.G. THE NAMING OF THE PALM SPRINGS POLICE DEPARTMENT FIRING RANGE IN HONOR OF COMMANDER JAMES A. HEAZLETT: Police Chief Gary Jeandron provided background information as outlined in the staff report dated June 15, 2005. ACTION: Adopt Resolution No. 21290, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, NAMING THE POLICE DEPARTMENT'S FIRING RANGE THE 'JAMES A. HEAZLETT FIRING RANGE' IN HONOR OF COMMANDER HEAZLETT." Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. 2.H. CASE 5.1047 — AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CONCEPTUAL APPROVAL OF THE MOVIE COLONY TRAFFIC CALMING PROGRAM, LOCATED EAST OF INDIAN CANYON DRIVE, NORTH OF ALEJO ROAD, SOUTH OF TAMARISK ROAD AND WEST OF VIA MIRALESTE, SECTION 11: David Barakian, City Engineer, provided background information as outlined in the staff report dated June 15, 2005. The City Council discussed and/or commented on the following issues and concerns regarding the traffic calming measures: interested parties awareness of the cost and their willingness to fund the measures, the fact that property owners willing to fund the measures are behind in their development and the potential delays before these measures are approved and implemented, the private street that was vacated and the portion of the private street that would need property owner consent prior to proceeding with a final plan, requested clarification on the requested action "in-concept" only. ACTION: Approve Minute Order No. 7690, granting conceptual approval of Case No. 5.1047, an application by the City of Palm Springs for the Movie Colony Traffic Calming Program. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. City Council Minutes June 15,2005 Page 6 2.J. CASE 5.0973-PD-287, APPROVAL OF A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $ 117,000, WITH LSA ASSOCIATES INC., FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR CASE NO 5.0973-PD, AN APPLICATION BY WESSMAN DEVELOPMENT FOR THE BOULDERS PROJECT AND FOR CASE NO 5.0996-PD-294 (TTM 31766), AN APPLICATION BY WESSMAN DEVELOPMENT FOR THE CRESCENDO PROJECT: City Attorney Holland and Alex Meyerhoff, Principal Planner, provided background information as outlined in the staff report dated June 15, 2005. The City Council discussed and/or commented on the following issues and concerns regarding the requested Environmental Impact Report: clarified some aspects of the agreement, the preparation of an air-quality study, Valley Fever analysis and related soil-testing, neighborhood involvement, clarified the financial aspects and that the City is hiring the contractor which reports to the City, but is paid by the Developer, the impacts of these actions and prior actions of the Developer to the community. ACTION: 1) Adopt Resolution No. 21291, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION NO. 21191 OF THE CITY COUNCIL AND RESCINDING THE APPROVAL OF CASE NO, 5.0996-PD FOR PLANNED DEVELOPMENT DISTRICT 294 (PD-294) AND TENTATIVE TRACT MAP 31766;" 2) Approve Minute Order No. 7691, authorizing an agreement with LSA Associates Inc., for the preparation of a joint Environmental Impact Report for Case No. 5.0973-PD, an application by Wessman Development, for the development of the Boulders project, and Case No. 5.0996-PD, an application by Wessman Development for the Crescendo project, in the amount of $117,000; and 3) Authorize the City Manager to execute all necessary and related documents for the implementation of such actions. A5119. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tem McCulloch. ABSENT: Councilmember Mills and Mayor Oden. 3. LEGISLATIVE: 3.A. ASSESSMENT DISTRICT NO. 164, MOUNTAIN GATE II: David Barakian, City Engineer, and Craig Graves, Director of Finance, provided background information as outlined in the staff report dated June 15, 2000. The City Council discussed the end of the assessment in the year 2030 and the fact that there is no continuing expense for property owners after that date. City Council Minutes June 15,2005 Page 7 ACTION: 1) Adopt Resolution No. 21292 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF LIMITED OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,806,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 164 ("MOUNTAIN GATE II"), AND APPROVING RELATED AGREEMENTS AND ACTIONS;" and 2) Authorize the City Manager to execute all necessary documents. A5120 and A5121. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. 3.13. SETTING THE TIME AND PLACE FOR THE PUBLIC HEARINGS REGARDING THE 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 June 15, 2000. ACTION: 1. Adopt Resolution No. 21293 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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. 21294 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 3. Adopt Resolution No. 21295 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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;" City Council Minutes June 15,2005 Page 8 4. Adopt Resolution No. 21296 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 5. Adopt Resolution No. 21297 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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. 21298 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 7. Adopt Resolution No. 21299 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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. 21300 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6B ("PARKSIDE ESTATES"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 9. Adopt Resolution No. 21301 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT"); AND THE LEVY City Council Minutes June 15,2005 Page 9 AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005-06;" 10. Adopt Resolution No. 21302 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 11. Adopt Resolution No. 21303 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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. 21304 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 13. Adopt Resolution No. 21305 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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. 21306 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 15. Adopt Resolution No. 21307 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE City Council Minutes June 15,2005 Page 10 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. 21308 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2005- 06;" 17. Adopt Resolution No. 21309 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE 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. 21310 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR. FISCAL YEAR 2005-06;" 19. Receive and file the preliminary Engineer's Report for Street Lighting Maintenance District Nos. 1 and 2; and 20. Authorize the City Clerk to file the preliminary 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 schedule and publish notice of a Public Hearing regarding the annual levy of assessments therefore, for July 20, 2005. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oder. City Council Minutes June 15,2005 Page 11 3.C. 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 June 15, 2000. ACTION: 1. Adopt Resolution No. 21311 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF "MOUNTAIN GATE ll" (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 COMMENCING FISCAL YEAR 2005-06;" 2. Adopt Resolution No. 21312 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING THE ANNEXATION OF "MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR 2005-06;" 3. Adopt Resolution No. 21313 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY IDENTIFIED AS "MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO THE PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2005-06; AND CALLING A PROPERTY OWNER PROTEST PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS THE QUESTION OF LEVYING SUCH ASSESSMENTS AND ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SAID DISTRICT;" and 4. Authorize the City Clerk to file the preliminary Engineer's Report for Annexation No. 1 to Parkway Maintenance District No. 10; and to schedule and publish notice of a Public Hearing regarding the annual levy of assessments therefore, for July 20, 2005. City Council Minutes June 15,2005 Page 12 Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tem McCulloch. ABSENT: Councilmember Mills and Mayor Oden. 4. UNFINISHED BUSINESS: 4.A. ADDITIONAL CHANGE ORDER AUTHORITY FOR THE CONVENTION CENTER PROJECT: City Manager Ready provided background information as outlined in the staff report dated June 15, 2005. ACTION: Adopt Resolution No. 21314, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING ALL CONSTRUCTION CHANGE ORDERS FOR THE CONVENTION CENTER PROJECT, CITY PROJECT NO. 02-27, APPROVED BY THE PROJECT ADMINISTRATOR FROM DECEMBER 16, 2004, THROUGH JUNE 15, 2005, AND AUTHORIZING AN ADDITIONAL $500,000 IN CHANGE ORDER AUTHORITY TO THE PROJECT ADMINISTRATOR." Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. 5. NEW BUSINESS: 5.A. ASSIGNMENT OF WYNDHAM HOTEL LAND LEASE TO HIGHLAND HOSPITALITY LP: Craig Graves, Director of Finance, provided background information as outlined in the staff report dated June 15, 2005. ACTION: 1) Approve Minute Order No. 7692, approving the assignment of the land sublease Agreement No. 2738 underlying the Wyndham Hotel to Highland Hospitality LP; and 2) Authorizing the City Manager to execute such documents as may be necessary to reflect Council's approval. A2738. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. AYES: Councilmembers Foat and Pougnet, Mayor Pro Tern McCulloch. ABSENT: Councilmember Mills and Mayor Oden. City Council Minutes June 15,2005 Page 13 COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat requested a report on all the neighborhoods requesting traffic calming measures and the amount of funds needed to meet all the requests. Councilmember Foat requested staff provide a report and a timeline for the Desert Water Agency's sewer repair project and the delays which in-turn are delaying street improvements on Barona Road, Araby Drive and the immediate area. Councilmember Foat requested a status report on the vacant property on North Palm Canyon owned by La Sierra University; and stated the property is in a state of disrepair. Councilmember Pougnet thanked staff for the immediate response correcting the lighting and tree well issues from Tramway Road to Vista Chino on Palm Canyon. Mayor Pro Tem McCulloch announced the Palm Springs High School "Spear the Bands" event. ADJOURNMENT: The City Council adjourned at 7:19 PM to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., Wednesday, June 29, 2005, Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall, Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 29TH DAY OF JUNE, 2005. MAYOR ATTEST: City Clerk