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HomeMy WebLinkAbout5/11/2005 - STAFF REPORTS (3) PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 6, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern McCulloch called the meeting to order at 6:02 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Dr. Sharron Stroud, Interfaith Ministries Worldwide, led the Invocation. ROLL CALL: PRESENT: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden arrived at 6:10 P.M. ABSENT: Councilmember Foat. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson, City Treasurer Kanarr. PRESENTATIONS: Mayor Pro Tem McCulloch and the City Council presented a commendation to Christopher McAuliffe for his service on the City of Palm Springs VillageFest Board 2003 and 2004. Mayor Oden joined the meeting at 6:10 P.M. Mayor Po Tern McCulloch and the City Council presented a commendation and Riverside County Senior Inspiration Award to Milt Levinson, recognizing his community involvement and activism. Mayor Pro Tern McCulloch and the City Council proclaimed the month of April 2005, as Financial Literacy month in the City of Palm Springs. APPROVAL OF THE AGENDA: Mayor Pro Tern McCulloch noted his no vote on Item 2.D. Ordinance Establishing an Office of Neighborhood Involvement. Councilmember Pougnet noted his abstention on the March 9, 2005 Minutes, Item 2.C. Councilmember Mills noted his abstention on Warrant Nos. 1004180, 1004181, 1004182, 1004322 on Item 2.D. as business related. Mayor Pro Tern McCulloch noted his abstention on Warrant No. 1004233 on Item 2.D. as business related. Item No. 2 . Be City Council Minutes April 6,2005 Page 2 ACTION: Approve the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried noting the absence of Councilmember Foat. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. The City Council received reports, and no reportable actions were taken. 1. PUBLIC HEARINGS: 1.A. TUSCAN ROAD RIGHT-OF-WAY VACATION: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 5, 2005. Mayor Oden opened the Public Hearing, and no speakers coming forward the Public Hearing was closed. ACTION: Adopt Resolution No. 21232, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED TUSCAN ROAD IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-04-045." Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. I.B. GRANVIA VALMONTE RIGHT-OF-WAY: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 5, 2005. Mayor Oden opened the Public Hearing, and no speakers coming forward the Public Hearing was closed. ACTION: 1) Adopt Resolution No. 21233, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED GRANVIA VALMONTE IN SECTION 11, TOWNSHIP 4 SOUTH, EAST, FILE R-04-031;" and 2) Direct staff to return with a blanket vacation for the remainder of properties on the block. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. City Council Minutes April 6,2005 Page 3 1.C. EL DORADO BOULEVARD AND PUBLIC ALLEY RIGHT-OF-WAY VACATIONS: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 5, 2005. Mayor Oden opened the Public Hearing, and the following speaker addressed the City Council. WILLIE HOLLAND, Palm Springs, expressed concern of the trees in the area due to problems in inclement weather, and requested the utilities to be placed underground. ACTION: Adopt Resolution No. 21234, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE RIGHT-OF-WAY DEDICATED FOR THE PUBLIC STREET NAMED EL DORADO BOULEVARD, THE WEST HALF OF THE PUBLIC ALLEY IDENTIFIED AS LOT "R", AND THE PUBLIC ALLEY IDENTIFIED AS LOT "S" IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST; FILE R-04-002." Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 1.13. REQUEST TO DESIGNATE THE HOME AT 272 CAMINO BUENA VISTA DRIVE AS A CLASS ONE HISTORIC SITE, CASE NO. HSPB-48: Jing Yeo, Principal Planner, provided background information as outlined in the staff report dated April 6, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. BILL SCOTT, Chair, Palm Springs Historic Site Board, urged the City Council to adopt the resolution designating the home as an Historic Site. JOEY ENGLISH, Applicant, requested the City Council designate her home as an Historic Site. No further speakers coming forward, the Public Hearing was closed. ACTION: Adopt Resolution No. 21235, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE HOME AT 272 CAMINO BUENA VISTA DRIVE AS A CLASS ONE HISTORIC SITE." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. City Council Minutes April 6,2005 Page 4 1.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2005 FIVE- YEAR CONSOLIDATION PLAN, 2005-2006 ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION, ACCEPTANCE U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT (HUD), GRANT NO. B-05-MC- 06-0561 IN THE AMOUNT OF $623,846 FOR FISCAL YEAR 2005-2006 CDBG PROGRAM: John Raymond, Director of Community and Economic Development and Dale Cook, Community Development Administrator, provided background information as outlined in the staff report dated April 6, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council. ALEX CHRISTENSON, Desert AIDS Project, thanked the City Council for the support of their mission at the Desert AIDS Project. EILEEN PACKER, Executive Director, Stroke Recovery Center, thanked the City Council for the support of their on-going organization. JEFFREY KRAMER, Shelter from the Storm, thanked the City Council for the support of Shelter from the Storm, and outlined the programs. DEAN LOCKWOOD, Mizell Senior Center, thanked the City Council for the support of the Senior Center, and outlined the program funded by the grant. JARVIS CRAWFORD, outlined the programs of the Highland Unity Center Expansion, thanked the City Council for their support. WILLIE HOLLAND, Palm Springs, outlined the programs of the Highland Unity Center and the need for the expansion. SHANNA HIRSCHI, Arthritis Foundation, requested assistance from the City Council regarding Arthritis education and lectures programs. No further speakers coming forward, the Public Hearing was closed. The City Council discussed the following aspects and components of the program: unspent funds from 2004-05, Request No. 11 Stroke Recovery Center funding made-up by another agency to complete the rehabilitation, discrepancy between the award and the request for Operation Safe House, updated on the elimination of CDBG grants and programs by the Federal Government, ACTION: 1) Adopt Resolution No. 21236, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2005 — 2010 CONSOLIDATED PLAN AND THE 2005 City Council Minutes April 6,2005 Page 5 — 2006 ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BUDGET FOR FISCAL YEAR 2005 - 2006; AUTHORIZE THE SUBMITTAL OF THE PLANS AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZE THE CITY MANAGER TO ACCEPT AND EXECUTE THE FUNDING APPROVAL/AGREEMENT WITH HUD — GRANT #: B-05-MC-06-0561, IN THE AMOUNT OF $623,843, FOR THE FISCAL YEAR 2005 — 2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, 31st PROGRAM YEAR;" A5062 and 2) Approve the following Sub-recipient Agreements subject to approval of the City Attorney and authorize the City Manager to execute all necessary documents: Desert AIDS Project A5063 $ 75,000 Main Lobby Restroom ADA Improvements Family YMCA of the Desert A5064 $ 47,600 Food Service Area ADA Renovation Mizell Senior Center A5065 $ 17,000 Exterior Lighting Improvements Palm Springs Boys and Girls Club A5066 $ 50,000 Parking Lot Safety Improvements Palm Springs Parks and Recreation Dept. A5067 $ 167,000 Highland Unity Center Expansion Operation Safe House, Inc. A5068 $ 18,000 SafeHouse of the Desert Stroke Recovery Center A5069 $ 30,898 Parking Lot ADA Improvements Arthritis Foundation A5070 $ 15,000 Educations Programs and Lectures CASA for Riverside County Inc. A5071 $ 18,000 Support Program Palm Springs Public Library A5072 $ 10,000 Literacy and Summer Program Palm Springs Police Athletics League A5073 $ 10,000 Basketball Partnership Program City Council Minutes April 6,2005 Page 6 Shelter from the Storm A5074 $ 12,796 Palm Springs Center Operations Fair Housing Council of Riverside County A5075 $ 40,853 Fair Housing Program Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Councilmember Foat, and the abstention of Councilmember Mills on Agreement No. A5066 with the Palm Springs Boys and Girls Club as business related. I.F. TENTATIVE TRACT MAP 31095 — CASE NO. 5.0973 — PD 304 - THE BOULDERS — WESSMAN DEVELOPMENT - 751 WEST VIA ESCULEA —APN's 504-150-002, 504-150-008, AND 504-150-009: ACTION: 1) Continue the Public Hearing to April 20, 2005 with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. PUBLIC COMMENT: CHERYL RODBERG, Palm Springs, commented on the VillageFest, stated her support of the program, the adoption of a budget for VillageFest, and additional staff. TOM KIELEY, III, Palm Springs, requested support for Item 2.H. Resolution in Support of Senate Bill 557 regarding sale of the wastewater treatment plant. JIM STUART, Palm Springs, requested direction from the Council regarding the transition of condominiums to hotels, stated his opposition to Mello Roos type fees, spoke in opposition to Item 2.D. establishing an office of neighborhood involvement. ROXANN FLOSS, Palm Springs, spoke in opposition of 2.1-1. regarding the Resolution in Support of Senate Bill 557 regarding the sale of the wastewater treatment plan; stated her support of Item 2.D. establishing an office of neighborhood involvement. SHELLY SAUNDERS, Palm Springs, requested the City Council postpone their vote on Item 2.D. establishing an office of neighborhood involvement. DANA STEWARD, Palm Springs, spoke in the support of Item 2.D. establishing an office of neighborhood involvement, requested the City Council research further local government air quality, and spoke in opposition of 2.1-1. regarding the wastewater treatment plant. City Council Minutes April 6,2005 Page 7 SHEILA GRATTAN, Palm Springs, spoke in opposition of Item 2.D. establishing an office of neighborhood involvement. WENDIE KOHN, Palm Springs, spoke regarding the Femmena for Lupus Awareness and Understanding programs and events. JOY MEREDITH, Palm Springs, stated her concerns regarding Item 2.D. establishing an office of neighborhood involvement; spoke in support of Item 2.H. regarding the wastewater treatment plant. ROXANNA CANINO, Palm Springs, spoke regarding poor train service and current service deficiencies with Amtrack schedules to Palm Springs. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Mills requested staff review the preparation of City Council and Planning Commission minutes, requested staff review the process and timing of the approval of the Consent Calendar within 6 six months; suggested the City Council and staff tour the progress of the Convention Center. Mayor Pro Tern McCulloch requested Consent Calendar Item 2.D. and 2.H. be removed from the Consent Calendar for separate discussion. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.8., 2.C., 2.E., 2.F., and 2.G. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the Agenda, April 6, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21237 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED MARCH 12, 2005;" 2) Adopt Resolution No. 21238 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1003840 THROUGH 1004132;" and 3) Adopt Resolution No. 21239 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1004165 THROUGH 1004476." Approved as part of the Consent Calendar, noting the abstentions of Councilmember Mills on City Council Minutes April 6,2005 Page 8 Warrant Nos. 1004180, 1004818, 1004812, 1004322 as business related; and Mayor Pro Tem McCulloch on Warrant No. 1004233 as business related. 2.C. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of December 8, 2004, March 2, 2005, March 9, 2005, March 16, 2005, and March 23, 2005. Approved as part of the Consent Calendar, noting the abstention of Councilmember Pougnet on the March 9, 2005 minutes. 2.D. SECOND READING AND ADOPTION OF ORDINANCE 1666 ESTABLISHING AN OFFICE OF NEIGHBORHOOD INVOLVEMENT WITHIN THE CITY OF PALM SPRINGS: Removed from the Consent Calendar for separate discussion. 2.E. AMENDMENT 6 TO ALLOCATED POSITIONS AND COMPENSATION PLAN: ACTION: Adopt Resolution No. 21240, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 20974. Approved as part of the Consent Calendar. 2.F. ACCEPTANCE OF DONATED VEHICLE FOR MOUNTED POLICE SEARCH AND RESCUE UNIT: ACTION: Adopt Resolution No. 21241, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTANCE OF A 2004 FORD E-450 TRUCK DONATED FOR THE USE BY THE PALM SPRINGS MOUNTED POLICE SEARCH AND RESCUE UNIT."Approved as part of the Consent Calendar. 2.G. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD: ACTION: 1) Approve Minute Order No. 7652 approving Amendment No. 3 to Agreement No. A4366 regarding measures to minimize and mitigate take of the Coachella Valley fringe-toed lizard, and 2) Authorize the Mayor to execute all necessary documents. Approved as part of the Consent Calendar. 2.H. PROPOSED RESOLUTION IN SUPPORT OF SENATE BILL 557 (SB557) REGARDING THE SALE OF THE WASTEWATER TREATMENT PLANT: Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: City Council Minutes April 6,2005 Page 9 2.D. SECOND READING AND ADOPTION OF ORDINANCE 1666 ESTABLISHING AN OFFICE OF NEIGHBORHOOD INVOLVEMENT WITHIN THE CITY OF PALM SPRINGS: City Manager Ready provided background information on the proposed Ordinance and the policies such as neighborhood boundaries. The City Council requested the City Attorney brief them on liability regarding the management of the operations. City Attorney Holland stated the city is not creating a separate entity the proposed actions will not affect the current private HOA's in the community, the Ordinance is a vehicle to assist in the communication and dialog for the City Council, the City Management team and the Community; and the City is not assuming any liability in the management of those operations. ACTION: 1) Waive further reading; and 2) Adopt Ordinance No. 1666, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.55 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING AN OFFICE OF NEIGHBORHOOD INVOLVEMENT." Motion Councilmember Pougnet, seconded by Councilmember Mills and carried on the following vote: AYES: Councilmember Mills, Councilmember Pougnet, Mayor Oden. NOES: Mayor Pro Tern McCulloch. ABSENT: Councilmember Foat. 2.H. PROPOSED RESOLUTION IN SUPPORT OF SENATE BILL 557 (SB557) REGARDING THE SALE OF THE WASTEWATER TREATMENT PLANT: Mayor Oden provided background on the sale of the wastewater treatment plant and the prior election. ACTION: Adopt Resolution No. 21242, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF SENATE BILL 557 WHICH AUTHORIZES THE SALE OF THE CITY'S WASTEWATER TREATMENT PLANT TO THE DESERT WATER AGENCY." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 3. LEGISLATIVE: 3.A. PALM SPRINGS CLASSIC COMMUNITY FACILITIES DISTRICT NO. 1: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 6, 2005. City Attorney Holland stated staff will making a modification to the agreement on page 3, Item 3 the cap not to exceed $500. City Council Minutes April 6,2005 Page 10 ACTION: 1) Adopt Resolution No. 21243 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR FURTHER PROCESSING OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1 SUBMITTED BY PALM SPRINGS CLASSIC, LLC; and 2) Approve Minute Order No. 7653 Approving, in a form acceptable to the City Attorney, a Memorandum of Understanding with Lennar Homes of California regarding certain developer contributions to be made to the City in conjunction with the formation of the Community Facilities District as amended by directing staff to include in the MOU that the maximum levy shall be set at $500; include a provision that provides for an alternative site for the location of the Fire Station, if desired by the City, the Developer shall provide funds equal to the value of the land currently to be conveyed to purchase property for the alternate site. A5076. Motion Councilmember Mills seconded by Mayor Oden and unanimously carried on a roll call vote, noting the absence of Councilmember Foat. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Oden outlined in the activities and the events of the Mayor's Office, and noted a memorial for Commander Jim Heazlett, Retired Palm Springs Police Officer, ,who past away in January. ADJOURNMENT: The City Council adjourned at 8:26 P.M. to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., Wednesday, April 13, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 11T" DAY OF MAY, 2005. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES WEDNESDAY, APRIL 13, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:12 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. 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 Kanarr. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order. On a Motion by Mayor Pro Tern McCulloch, seconded by Councilmember Pougnet and unanimously carried, the City Council made the findings that an additional Closed Session Item came to the attention to the City after the posting of the Agenda, and the there is an immediate need to hear the Item; then added one Item pursuant to Government Code Section 54957, (JPA Government Code Session 54956.96) Personnel Matters, Discipline/Dismissal/Release of the President of the Palm Springs Desert Resorts Convention and Visitors Bureau. City Attorney Holland reported that after adding the Closed Session Item the City Council recessed into Closed Session to discuss matters on the Closed Session Agenda. The City Council received reports, and no reportable actions were taken. PUBLIC COMMENT: STEPHEN PAYNE, commended on a recent show on Fox TV "A Current Affair" regarding Desert Shadows Inn and Resort and Villas. DANA STEWART, Palm Springs, stated her support for taxing landlords of vacant downtown buildings, and stated her support for "Green Building" in the City of Palm Springs. JOY MEREDITH, Palm Springs, spoke in support on the Bureau of Tourism marketing programs. City Council Minutes April 13,2005 Page 2 JANE SMITH, Palm Springs, stated the City has a history of longstanding violations of Federal, State, County, City regulations that put the citizen's health and well-being at risk. NANCY STUART, stated that effective April 15, the Palm Springs Aerial Tramway commences sales of its annual summer pass program. ED SZITAK, President Palm Springs Hotel Association, thanked the City Council for their support of the Palm Springs Easter Tennis Bowl; stated his support of the Palm Springs Bureau of Tourism Marketing Program and their requested for an increase in the marketing budget. RAY LOVATO, General Manager Desert Vacation Villas, commented on the slashing of the State Budget for Tourism, stated his support for the Palm Springs Bureau of Tourism Marketing Program. JIM DOWLER, Palm Springs, stated his support of the Palm Springs Bureau of Tourism Marketing Program and request for budget increase; noted the upcoming Best of the Best event coming to Palm Springs on June 26tn COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1. STUDY SESSION: I.A. QUARTERLY BUDGET UPDATE: City Treasurer Kanarr provided an update on the Fiscal Year 2004-05 Budget as outlined in the Third Quarter Budget Review Document. The City Council discussed and/or commented on the following issues: PERS contributions, Building Permit Fee projections, property tax increase revenue, being provided budget documents in a timely fashion, requested staff to provide the previous Quarterly Report when reviewing Quarterly Budget Updates, and requested detailed discussion on future projections. No action taken. The City Council took Item I.C. out of order. I.C. PALM SPRINGS BUREAU OF TOURISM MARKETING PROGRAM: Mark Bellinger, Executive Director, Palm Springs Bureau of Tourism, presented a Powerpoint presentation regarding the marketing programs. The City Council discussed and/or commented on the following area relating to the Bureau and/or marketing Palm Springs: Bureau of Tourism interfacing with the Development Community, segment markets, tourism City Council Minutes April 13,2005 Page 3 reaching out to Main Street for corporative efforts, style of materials, continues the tracking and measuring especially as it relates to City revenues. No action taken. The City Council recessed at 7:38 P.M. The City Council reconvened at 7:53 P.M. 1.13. CONCEPTS AND DISCUSSION OF GREEN BUILDING: Lance O'Donnell, Local Architect, provided a Powerpoint presentation on the concepts of Green Building. Lin Juniper, SCE Region Manager, Public Affairs provided a Powerpoint presentation on Green Building as it relates to utility conservation, requirements, and incentive programs. Assistant City Manager Butzlaff provided background information on local government Green Building incentives. The City Council discussed and/or commented on the following aspects: BIA or other cities discussing or implementing Green Building programs, establishing standards for the designation of a Green "Builder," dollar incentives vs. the additional cost, revisit a Palm Springs Energy Commission, smart growth principles, pedestrian friendly "walkable" development and design. ACTION: Direct staff to continue investigation and development of a Green Building incentive program in the City of Palm Springs with the potential of presenting a model to CVAG. By consensus of the City Council. 2. CONSENT CALENDAR: None. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. APPOINTMENT OF COUNCIL SUBCOMMITTEES TO REVIEW COMMISSION AND BOARD APPLICATIONS, AND INTERVIEW CANDIDATES AS PART OF THE 2005 ANNUAL RECRUITMENT OF BOARDS AND COMMISSIONS: City Clerk Thompson provided background information as outlined in the staff report dated April 13, 2005. City Council Minutes April 13,2005 Page 4 ACTION: Appoint two-member City Council subcommittees to review commission and board applications, and interview candidates for the following commissions and boards: Administrative Appeals Board: Councilmember Mills and Mayor Oden. Airport Commission: Councilmember Foat and Councilmember Pougnet. Historic Site Preservation Board: Councilmember Foat and Councilmember Pougnet. Human Rights Commission: Mayor Pro Tern McCulloch and Mayor Oden. Library Board: Councilmember Mills and Mayor Oden. Parks and Recreation Commission: Councilmember Foat and Councilmember Mills. Personnel Board: Councilmember Pougnet and Mayor Oden. Planning Commission: Councilmember Pougnet and Mayor Oden. Public Arts Commission: Councilmember Mills and Mayor Pro Tern McCulloch. Rent Review Commission: No subcommittee created. VillageFest Board: Councilmember Foat and Mayor Pro Tern McCulloch. By consensus of the City Council. 5.13. CITY COUNCIL SUBCOMMITTEE FOR THE NOIA PROJECT: ACTION: Appoint Councilmember Foat and Mayor Oden to a subcommittee for the NOIA Project. By consensus of the City Council. City Council Minutes April 13,2005 Page 5 5.C. CITY COUNCIL SUBCOMMITTEE FOR THE PALM CANYON PROJECT: ACTION: Appoint Councilmember Pougnet and Councilmember Mills to a subcommittee for the Palm Canyon Project. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet directed staff to research with the League of California Cities or other agencies regarding a "Building Vacancy Tax." Councilmember Foat directed staff to provide a status report and present at a future study session Foreign Trade Zones. She requested the Helicopter Operations meeting be open to the public and interested parties informed of the meeting. Mayor Pro Tern McCulloch requested a report if the City maintains a mailing list with respect to Airport issues. Mayor Oden requested a meeting with the City Manager to discuss concerns with respect to the Opera in the Park event. Mayor Oden reported on the recent activities, meetings and events attended by the Mayor's Office. Councilmember Foat requested an update on the parking fees at the airport. ADJOURNMENT: The City Council adjourned at 8:55 P.M. to its next Regular Meeting at 6:00 P.M., Wednesday, April 20, 2005, City Hall Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 11th DAY OF MAY, 2005. Mayor Attest: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 20, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 P.M. PLEDGE OF ALLEGIANCE: Chief Deputy City Clerk Hart led the Pledge. INVOCATION: Reverend Kevin Johnson, Bloom in the Desert Ministries, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, Chief Deputy City Clerk Hart, City Treasurer Kanarr. PRESENTATIONS: Mayor Oden and the City Council presented a plaque to the Palm Springs Noon Rotary for sponsoring and providing a donation for shirts for the Airport Navigator Volunteer Program. Mayor Oden and the City Council presented a Commendation to the Boys and Girls Club in recognition of their Push Forward Program. Mayor Oden and the City Council proclaimed the Month of April, 2005 as Sexual Assault Prevention Awareness Month in the City of Palm Springs. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern McCulloch abstained on Consent Calendar Item 2.B., Warrant No. 1004560 Desert Fire Extinguisher as business related. Councilmember Mills removed Items 2.1 and 2.J from the Consent Calendar for separate discussion. Councilmember Foat removed Item 2.13. from the Consent Calendar for separate discussion. Councilmember Foat requested clarification on the construction start date for Item 2.C., and requested the neighborhood be notified. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed City Council Minutes April 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. TENTATIVE TRACT MAP 31095 — CASE NO. 5.0973 — PD 304 - THE BOULDERS — WESSMAN DEVELOPMENT - 751 WEST VIA ESCULEA APN's 504-150-002, 504-150-008, AND 504-150-009: Applicant requested the Item be withdrawn, and the Applicant will be preparing an Environmental Impact Report. No action taken. PUBLIC COMMENT: JEANNE BAER, Palm Springs, requested the City Council consider extending the parking to four hours. ROXANN FLOSS, Palm Springs, commended the Tribes for putting the Museum in Section 14, requested a vote of the people on the sale of the wastewater treatment plant. JIM STUART, Palm Springs, expressed congratulations to the Peppertree Book Store, and commented on the types of businesses in Downtown Palm Springs, complemented the Palm Springs Tourism Bureau. JOAN TAYLOR, Palm Springs, Chair, Save our Mountains Committee, stated the Committee is willing to work with the City on land use issues in the mountain areas, requested a public process with an independent facilitator. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.1-1. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Foat 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 April 20, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: Removed from the Consent Calendar for separate discussion. 2.C. 2004/2005 SB 821 SIDEWALK PROJECT (FARRELL DRIVE): ACTION: 1) Approve Minute Order No. 7654, Approving Agreement No. A5079 with D. C. Hubbs Construction, in the amount of $86,888.00 for the 2004/2005 SB821 Farrell Drive Sidewalk Project, City Project 04-09; and City Council Minutes April 20,2005 Page 3 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.D. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2005: ACTION: Receive and file Treasurer's Investment Report as of February 28, 2005. Approved as part of the Consent Calendar. 2.E. APPROVAL OF FINAL MAP 30058 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS LLC, LOCATED AT 3801 NORTH SUNRISE WAY: ACTION: 1) Adopt Resolution No. 21246 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 30058 FOR PROPERTY LOCATED AT 3801 NORTH SUNRISE WAY, SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC;" and 2) Authorize the City Manager to execute all necessary documents. A5080. Approved as part of the Consent Calendar. 2.F. PROPOSED RESOLUTION MODIFYING THE COMMENCEMENT OF CITY COUNCIL STUDY SESSIONS: ACTION: Adopt Resolution No. 21247, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING THE TIME AND MEETING DATES FOR STUDY SESSIONS AND SUPERSEDING RESOLUTION NOS. 18178 AND 20898." Approved as part of the Consent Calendar. 2.G. STAFF AUTHORIZED AGREEMENTS FOR MARCH 2O05: ACTION: Receive and file Staff Authorized Agreements covering the period March 1 through March 31, 2005. Approved as part of the Consent Calendar. 2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A4326 WITH UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, REGARDING AIRPORT SURVEILLANCE RADAR (ASR-9) EXTENDING THE TERM THROUGH SEPTEMBER 20, 2020: ACTION: 1) Approve Minute Order No. 7655, Authorizing Amendment No. 2 of Lease Agreement No. 4326 with United States of America, Federal Aviation Administration Contract No. DTFA08-01-L-20901 regarding Airport Surveillance Radar (ASR-9) extending the term through September 30, 2020 subject to review by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.1. LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION FOR AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AND TERMINATING PRIOR City Council Minutes April 20,2005 Page 4 LEASE WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Removed from the Consent Calendar for separate discussion. 2.J. CONSTRUCTION CHANGE ORDER NO. 3 TO AGREEMENT NO. A4863 WITH CONTRERAS CONSTRUCTION INC., AMADO/ALVARADO PARKING LOT AND STREET IMPROVEMENTS, CP 02-27: Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: The City Council commented on fees for City Attorney services. ACTION: 1) Adopt Resolution No. 21244 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED MARCH 12, 2005;" and 2) Adopt Resolution No. 21245 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1003840 THROUGH 1004132." Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a Roll Call vote, noting the abstention of Mayor Pro Tern McCulloch on Warrant No. 1004560, Desert Fire Extinguisher as business related. 2.1. LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION FOR AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AND TERMINATING PRIOR LEASE WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: City Manager Ready provided background information as outlined in the staff report dated April 20, 2005. The City Council discussed the hearing and approval of the Item by the Airport Commission and review of the lease by the City Attorney. ACTION: 1) Approve Minute Order No. 7656, Approving Lease Agreement No. A5081 with the United States of America, Federal Aviation Administration Lease No. DTFA08-01-L-20887, a lease agreement between the City of Palm Springs and the United States of America for the operation of an Automated Surface Observing System (ASOS) at the Palm Springs International Airport and terminating Agreement No. 3104 with the National Oceanic Atmospheric Administration Property License No. 91-ABF-231 subject to review by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A5081 and A3104. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. City Council Minutes April 20,2005 Page 5 2.J. CONSTRUCTION CHANGE ORDER NO. 3 TO AGREEMENT NO. A4863 WITH CONTRERAS CONSTRUCTION INC., AMADO/ALVARADO PARKING LOT AND STREET IMPROVEMENTS, CP 02-27: ACTION: 1) Approve Minute Order No. 7657, Authorizing Change Order No. 3 to Agreement No. A4863 in the amount of $20,292.79 for Amado/Alvarado parking lot and street improvements, with Contreras Construction Inc., total contract price $770,659,54; and 2) Authorize the City Manager to execute all necessary documents. CP 02-27. A4863. Motion Councilmember Mills, seconded by Mayor Pro Tem McCulloch and unanimously carried on a roll call vote. 3. LEGISLATIVE: None, 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. APPLICATION TO WAIVE FEES FOR THE PALM SPRINGS CHAMBER OF COMMERCE ANNUAL GOLF TOURNAMENT: City Manager Ready and Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated April 20, 2005. The City Council discussed a policy for waiving fees and the application process. ACTION: Deny the request to waive fees. Motion Councilmember Pougnet, seconded by Foat and carried on a roll call vote: AYES: Councilmember Foat, Councilmember Pougnet, and Mayor Pro Tem McCulloch. NOES: Councilmember Mills and Mayor Oden. 5.13. PROPOSED FEE WAIVER FOR FOUNDATION OF THE RETARDED: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated April 20, 2005. ACTION: Deny the request to waive fees. Motion Councilmember Pougnet, seconded by Foat and carried on a roll call vote: AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills and Mayor Pro Tem McCulloch. NOES: Mayor Oden. 5.C. PROPOSED FEE WAIVER FOR EASTER BOWL TENNIS TOURNAMENT: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated April 20, 2005. City Council Minutes April 20,2005 Page 6 ACTION: Deny the request to waive fees. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. S.D. CONTRACT SERVICES AGREEMENT WITH ALESHIRE AND WYNDER, LLP FOR SPECIAL MEDIATION LEGAL SERVICES: City Manager Ready provided background information as outlined in the staff report dated April 20, 2005. The City Council discussed and or commented on the following issues: Outreach to the Community, confidentially of the meetings, public access to the Mediator, determination of the total amount of the contract, the lack of a recommendation by staff, no description of the services for the fees, use of public funds for a private group meeting, the lack of information on the members of the group, the qualifications of the proposed mediator, the results of the group becoming public upon completion, the goal of consensus building to bring a proposal that all parties can support MOTION: Authorize the City Attorney to prepare a contract services agreement with Aleshire and Wynder, LLP in an amount not-to-exceed $10,000 for special mediation legal services. Motion Mayor Pro Tem McCulloch, second by Mayor Oden and failed on the following vote: AYES: Mayor Pro Tern McCulloch. NOES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet and Mayor Oden. ACTION: 1) Approve Minute Order No. 7661 authorizing the City Attorney to prepare a contract services agreement with Aleshire and Wynder, LLP in an amount not-to-exceed $22,000 for special mediation legal services; 2) Adopt Resolution No. 21248, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR;" 3) Authorize the City Manager to execute all necessary documents to effectuate the agreement; and 4) Direct the City Manager to monitor special mediation services. A5082. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote: AYES: Councilmember Pougnet, Councilmember Mills and Mayor Oden. NOES: Councilmember Foat and Mayor Pro Tern McCulloch. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tern McCulloch commented on the Easter Bowl event in the City of Palm Springs stated he would like to see additional support from the various other tennis groups in the Valley. City Council Minutes April 20,2005 Page 7 Councilmember Foat requested a future study session or sub-committee be formed regarding downtown issues such as: merchant concerns, code enforcement and absentee landlords. Councilmember Pougnet suggested that the Chamber of Commerce, Main Street and the Economic Development Corporation meet in a symposium setting and discuss these concerns. Councilmember Mills stated Main Street is the key and the Block Captains are frustrated due to the lack of involvement of the business, stated his support of identifying issues. Mayor Oden outlined the activities and the events attended by the Mayor's Office. Mayor Oden thanked the City Council for stepping-in for appointments he was unable to attend due to family illness. Councilmember Mills requested staff review the pruning of shrubs and plants along with the Riverside Bike Path and direction provided for not sculpting the plants. Councilmember Mills requested the City Manger explore the possibility of creating an account for the recovery of past abatements and charges paid to the City from the County of Riverside. ADJOURNMENT: The City Council adjourned at 8:04 P.M. to a City Council Study Session at 6:00 P.M., Wednesday, April 27, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 11`h DAY OF May, 2005. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES WEDNESDAY, APRIL 27, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M. PLEDGE OF ALLEGIANCE: Councilmember Pougnet led the Pledge. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson, City Treasurer Kanarr. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Commendation to Judi Simon for her invaluable contributions in inter-governmental relations between the City and the Auga Caliente Band of Cahuilla Indians. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. The City Council received reports, and no reportable actions were taken. PUBLIC COMMENT: TRISHA SANDERS, Palm Springs, commented on the Fiscal Year 2005-06 Budget, opposed to large expenditure for Council Chambers voting system and commented on staff reclassifications. JACK KELLY, stated his support of Item I.A. Downtown Parking Management Plan, and spoke in support of Item 3.13. regarding extension of the parking management services agreement. ROXANN PLOSS, Palm Springs, spoke in opposition of the sale of the City's Wastewater Treatment Plant without a vote of the citizens. DAVID GIACOMAZZI, Palm Springs, stated he is a community activist for several issues, stated that crimes are being committed against him in the City of Palm Springs. City Council Minutes April 27,2005 Page 2 KEVIN A. JOHNSON, Palm Springs, stated his support for a citizen's task force regarding land issues and development in the City, and his concerns over the negative comments of the process. JIM STUART, presented a Commercial Property Purchase Agreement to the City Council, and spoke in support of a one-percent Property Transfer Tax; requested the City pullout of the Joint Powers Agreement with the Convention and Visitors Bureau. TOM BATTAGLIA, Palm Springs, stated his recent escrow has been cancelled because the Buyer is having problems with the City's building and planning process. JOY MEREDITH, Palm Springs, commented on Item I .A. and I .B. regarding Downtown Parking plan and Establishing news racks; stated her support of the parking plan and increased enforcement of news racks. NADINE KOCHLER, Executive Director, Palm Springs Economic Development Corporation, read a letter in support of the Downtown Parking plan. STEVE LYLE, Palm Springs, spoke regarding Downtown development and leasing along with lease rates; spoke in support of the Downtown Development Office. DANA STEWART, Palm Springs, spoke in support of a citizen's task force regarding development, land issues and sustainable development. JANE SMITH, Palm Springs, commented on the negative health aspects regarding development; stated she would like to vote on the sale of the Wastewater Treatment Plant. FRANK TYSEN, Palm Springs, spoke in support of a citizen's task force regarding open space and the preservation of hillsides. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1. STUDY SESSION: I.A. DOWNTOWN PARKING: Jerry Ogburn, Downtown Development Director, provided background information as outlined in the Downtown Palm Springs Parking Management Plan. The City Council discussed and/or commented on the following issues: payment if a patron paid for the entire day then leaves, labor commitment for the monitoring program, acceptance of cash and credit cards, designation of patron spaces included in the projects slated with associated capital costs, private/public parking relationships, parking charge at the convention center, identified parking shortage in the City Council Minutes April 27,2005 Page 3 downtown area of approximately 500 parking spaces, conformance with the Downtown Urban Design Plan. No action taken. The City Council recessed at 7:38 P.M. The City Council reconvened at 7:51 P.M. 1.13. ESTABLISHING STANDARDS FOR NEWS RACKS: City Manager Ready and Jerry Ogburn, Downtown Development Director, outlined the issues and compliance problems with existing news rack in the Downtown area. The City Council discussed and/or commented on the following issues: current ordinance and enforcement, circulation element, placement of current news racks, elements of making a downtown effective, and enhance enforcement activities. ACTION: Direct staff to draft an ordinance establishing standards for news racks for consideration by the City Council. By consensus of the City Council. 1.C. NATIONAL GOLF FOUNDATION AUDIT OF THE TAHQUITZ CREEK GOLF COURSE: Scott Mikesell, Director of Parks and Recreation, provided and overview of the draft Executive Summary of the Operational Review and Recommendations for Tahquitz Creek Golf Resort as prepared by NGF Consulting. The City Council discussed and/or commented on the following issues: branding, hotel on-site, restoration of the Legends course including irrigation, assessment of the City being a self operator, revenue enhancements, history of prior hotel and golf club, and customer service. No action taken. 2. CONSENT CALENDAR: None. 3. LEGISLATIVE: 3.A. PRELIMINARY FISCAL YEAR 2005-2006 BUDGET: City Manager Ready and Tom Kanarr, Finance Director, provided background information as outlined in the Fiscal Year 2005-06 Proposed Budget document. The City Council discussed and/or commented on the following issues: wish list on Page 12 of the draft budget; TOT revenue projections, projected deficits vs. actual deficits. City Council Minutes April 27,2005 Page 4 ACTION: 1) Receive and file Preliminary Fiscal Year 2005-2006 Budget, pursuant to Section 902 of the Charter of the City of Palm Springs; and 2) Direct Staff to conduct the Public Hearing for the Fiscal Year 2005-2006 on Wednesday, May 18, 2005. Motion Mayor Pro Tom McCulloch, seconded by Councilmember Foat and unanimously carried. 3.13. AMENDMENT NO. 2 TO AGREEMENT NO. A3514 WITH STANDARD PARKING AUTHORIZING A SIX (6) MONTH EXTENSION TO THE CURRENT AGREEMENT SCHEDULED TO EXPIRE ON APRIL 30, 2005, FOR PARKING MANAGEMENT SERVICES: City Manager Ready provided background information as outlined in the staff report dated April 27, 2005. The City Council discussed and/or commented on the following issues: monitoring agreements so that we do not have to approve extensions, the proper Department to monitor this agreement. ACTION: 1) Approve Minute Order No. 7659, authorizing Amendment No. 2 to Agreement No. A3514 with Standard Parking for the purpose of operating the parking lot at the Palm Springs International Airport under the same management structure until such a time as a Request for Proposal (RFP) can be developed to seek additional qualified operators to separately operate the City's and Airport's parking lots; and 2) Authorize the City Manager to execute all necessary documents. Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tom McCulloch requested the City Manager and Fire Chief investigate a property on El Mirador for weed control and fire hazards, requested staff review and solicit input on the possibility of civic and community organizations to assist with the removal of heavy brush. Councilmember Foat requested the City Manager provide recommendations and a possible Task Force or committee including Hotel Operators, Staff, and other interested parties to review the benefits and possible withdrawal of the City from the Palm Springs Desert Resorts Convention and Visitors Authority. Councilmember Foat requested the City Attorney and Police Chief review and follow-up with the numerous Code Enforcement and Police activity at 449 East Arenas. City Council Minutes April 27,2005 Page 5 Councilmember Foat directed the City Manager to provide her with the report prepared on vehicle "take-home" policy. Councilmember Mills requested the City Manager re-evaluate the Code Compliance Department, and investigate the development of an RFP and possible contract to review the city organization, as-a-whole, from an efficiency standpoint. Mayor Oden reported on the activities and meetings of the Mayor's Office. ADJOURNMENT: The City Council adjourned at 9:25 P.M. to its next Regular Meeting at 6:00 P.M., Wednesday, May 4, 2005, City Hall Council Chamber, preceded by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 11th , DAY OF MAY, 2005. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MAY 4, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:03 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. 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 Kanarr. PRESENTATIONS: Mayor Oden and the City Council presented a proclamation to the Employees of the City of Palm Springs to recognize Public Service Recognition Week and proclaimed the week of May 2"d to May 8, 2005 as Public Service Recognition Week in the City of Palm Springs. Mayor Oden and the City Council presented a proclamation to Elizabeth Stephenson, Mental Health Board, and proclaimed May 2005 as Mental Health Month in the City of Palm Springs. Earl Greenburg, Chair, Palm Springs International Film Festival, presented a DVD to the City Council outlining the promotional benefits to the City of Palm Springs. Fred Jandt, Ph.D. and Betty Barker from the California State University San Bernardino provided the City Council a Development Update and requested funds of $1 million over a period of years. Mayor Oden and the City Council presented a commendation to Betty Barker for her return to Palm Springs. Mayor Oden and the City Council presented a proclamation to Thomas Kanarr, Director of Finance for his 32 'Y2 years of service and proclaimed May 4, 2005 as Thomas Kanarr Day in the City of Palm Springs. ACCEPTANCE OF THE AGENDA: Mayor Oden requested the City Council remove Item 2.K. from the Consent Calendar for separate discussion. City Council Minutes May 4,2005 Page 2 Councilmember Mills noted his abstention on Warrant Nos. 1004791 and 1004792 on Consent Calendar Item No. 2.13., business related; and his abstention on Item 2.P. as business related. Mayor Pro Tern McCulloch requested Item 21. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Item 2.F. be removed from the Consent Calendar for separate discussion. Councilmember Pougnet requested Item 21. and Item 2.0. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember 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 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. CASE NO. 5.1036 ZTA — ZONING ORDINANCE TEXT AMENDMENT AND MUNICIPAL CODE AMENDMENT TO ESTABLISH PROCEDURES REGARDING APPLICATIONS SUBMITTED TO THE PLANNING DEPARTMENT: ACTION: 1) Continue the Public Hearing to June 1, 2005, with no Public Testimony at this time, and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. Mayor Oden and Councilmember Mills left the dais at 6:59 P.M. PUBLIC COMMENT: JANET COOK, Palm Springs Chamber of Commerce, provided an update to the City Council regarding upcoming Chamber events. DAVID GIACOMUZZI, Palm Springs, commented on code enforcement violations and crimes being committed in the City of Palm Springs. STUART WARREN, stated his business on Palm Canyon is going out of business and commented on the conditions in Downtown Palm Springs. Councilmember Mills returned to the dais at 7:07 P.M. City Council Minutes May 4,2005 Page 3 ROBIN ROSENBERG, Palm Springs, addressed comments made at the last meeting made by Realtor Steve Lyle regarding rents in Downtown Palm Springs. NANCY STUART, commented on the environment in Downtown Palm Springs and stated Downtown is evolving and is not stagnant. TIM ALBERT, spoke in support of the proposed Neighborhood Services Program, thanked the Code Enforcement Staff for their support, requested the freeze be lifted on the current code enforcement officer and thanked the City Clerk's staff for their support in a recent matter with the Airport Commission. DANA STEWART, Palm Springs, commented on the waiving of fees, and the out-of- control funding for the Airport Project and pension plans; commented on health aspects of development, and the sale of the wastewater treatment plan. JOY MEREDITH, Palm Springs, commented on the business in Downtown Palm Springs and requested the City Council unfreeze the Code Enforcement Officer position. MIKE VERHASSELT, Palm Springs, requested support of California State University San Bernardino and stated he will be graduating soon from the University. DR. MONICA SWARTZ, Coachella Valley Water District, spoke on Item 2.K. requested blow sand be moved and deposited on the other side of Indian Avenue as opposed to being hauled away. WILLIE HOLLAND, Palm Springs, spoke in support of Item 2.C. and requested the City Council approved the expansion plans; commented on housing issues in the area. The City Council recessed at 7:33 P.M. The City Council reconvened at 7:42 P.M. Mayor Oden returned to the dais. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Oden requested a report regarding non-domestic animals located in the City and possible revisions to the Ordinance. Councilmember Pougnet commented on the Convention Center progress, requested information on the July 4th Fireworks Committee and the status of the committee, announced the senior form on June 8 at the Mizell Senior Center to identify needs and issues of seniors in the City of Palm Springs. Mayor Pro Tern McCulloch requested background information and history with regard to the previous Downtown Commission and the current subcommittee progress, and requested staff provide a report on the possibility of forming of a new Downtown Commission. City Council Minutes May 4,2005 Page 4 Councilmember Mills stated Main Street is looking at reviving the formation of a Downtown Commission. CITY MANAGER'S REPORT: City Manager Ready requested that Police Chief Jeandron provide an update to the City Council on an upcoming training exercise. Police Chief Jeandron stated a special weapons and tactical area exercise will be conducted on May 5, 2005 near Avenida Caballeros and Alejo and some minor explosions may be heard in the surrounding area. Chief Jeandron stated the neighborhood as been notified and a press release will be issued. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 2.J., 2.M., 2.N., and 2.P. Motion Councilmember Mills, seconded by Councilmember Foat 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, May 4, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21249 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED APRIL 9, 2005;" and 2) Adopt Resolution No. 21250 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1004776 THROUGH 1005068." Approved as part of the Consent Calendar, noting the abstention of Councilmember Mills on Warrant Nos. 1004791 and 1004792. 2.C. APPROVING THE JAMES O. JESSIE DESERT-HIGHLAND UNITY CENTER (CASE 3.2692) CONCEPTUAL DESIGN FOR A 2,000 SQUARE FOOT ADDITION TO TWO EXISTING BUILDINGS, AND THE MODIFICATION OF EXISTING BATHROOMS FOR COMPLIANCE WITH THE "AMERICANS WITH DISABILITIES ACT" (ADA), LOCATED AT 4800 TRAMVIEW, ZONE 0, LAND USE — CIVIC, PARKS AND RECREATION, SECTION 34, APN 669-330-025: ACTION: Approve Minute Order No. 7660, approving an expansion of the James O. Jessie Desert-Highland Unity Center, as submitted by Interactive Design, Inc. and direct staff to proceed with the final preparation of construction plans and bid documents. A4982 Approved as part of the Consent Calendar. City Council Minutes May 4,2005 Page 5 2.D. ESTABLISHMENT OF A NEW SPECIAL REVENUE FUND TO BE NAMED THE SPECIAL DEVELOPMENT FUND: ACTION: Adopt Resolution No. 21251, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW SPECIAL REVENUE FUND TO BE CALLED THE `SPECIAL DEVELOPMENT FUND' AND AUTHORIZING THE DIRECTOR OF FINANCE TO CREATE THE APPROPRIATE ACTIVITIES (COST CENTERS) AND ACCOUNT NUMBERS." Approved as part of the Consent Calendar. 2.E. PROPOSED AGREEMENT WITH PFEIFFER PARTNERS FOR A SPACE PLANNING FEASIBILITY STUDY FOR THE PALM SPRINGS PUBLIC LIBRARY BUILDING: ACTION: 1) Approve Minute Order No. 7661, approving Agreement No. A5085 with Pfeiffer Partners for professional services for a space planning feasibility study at the Palm Springs Public Library building in the amount of $128,000; and 2) Authorize the City Manager to execute all necessary documents. A5085. Approved as part of the Consent Calendar. 2.F. AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN: Removed from the Consent Calendar for separate discussion. 2.G. APPROVE FINAL MAP 32233-1, PALM SPRINGS CLASSIC, LLC, EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 21252 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32233-1 FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, IN SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY." A5086. Approved as part of the Consent Calendar. 2.1-1. APPROVE FINAL MAP 32233-2, PALM SPRINGS CLASSIC, LLC, EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 21253 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32233-2 FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, IN SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY." A5087. Approved as part of the Consent Calendar. City Council Minutes May 4,2005 Page 6 2.1. APPROVE FINAL MAP 32233-3, PALM SPRINGS CLASSIC, LLC, EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 21254 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32233-3 FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, IN SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY." A5088. Approved as part of the Consent Calendar. 2.J. APPROVE FINAL MAP 32233-4, PALM SPRINGS CLASSIC, LLC, EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 21255 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32233-4 FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, IN SECTIONS 7 and 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY." A5089. Approved as part of the Consent Calendar. 2.K. AWARD CONTRACT TO TRI-STAR CONTRACTING FOR BLOW SAND REMOVAL AT GENE AUTRY TRAIL, INDIAN CANYON DRIVE AND VISTA CHINO IN THE AMOUNT OF $70,000: Removed from the Consent Calendar for separate discussion. 21. ENCROACHMENT LICENSE FOR 530 W. TAHQUITZ CANYON WAY: Removed from the Consent Calendar for separate discussion. 2.M. AMENDMENT NO. 7 TO AGREEMENT NO. A4487 WITH VSA AIRPORTS, INC. IN THE AMOUNT OF $29,500: ACTION: Approve Minute Order No. 7662, authorizing Amendment No. 7 to Agreement No. A4487 with VSA Airports, Inc. for landscape architectural services for Phase 3 for the new holdroom/garden passenger area, in the amount of $29,500, FAA AIP Project No. 3-06-0181-37, CP 2005-11. A4487. Approved as part of the Consent Calendar. City Council Minutes May 4,2005 Page 7 2.N. APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY FOR REAL PROPERTY SERVICES FOR INDIAN/INTERSTATE 10 INTERCHANGE: ACTION: 1) Approve Minute Order No. 7663 approving Agreement No. A5090 with Riverside County in an amount not to exceed $199,800 for real property services for the Indian/Interstate 10 Interchange, CP 00-14; and 2) Authorize the City Manager to execute all necessary documents. A5090. Approved as part of the Consent Calendar. 2.0. CONTRACT AMENDMENT NO. 2, WITH DUDEK & ASSOCIATES, INC. IN THE AMOUNT OF $46,500, FOR REVISIONS TO THE PROJECT DESCRIPTION AND EIR ANALYSIS SECTION AND FOR MANAGEMENT OF THE TRAFFIC ANALYSIS PEER REVIEW, AS PART OF THE EIR, FOR THE DEVELOPMENT OF A 371,000 SQUARE FOOT COMMERCIAL CENTER, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD, ZONE M-1-P, SECTION 17: Removed from the Consent Calendar for separate discussion. 2.P. 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL: ACTION: 1) Approve Minute Order No. 7664, approving Agreement No. A5091 with Hanson House Foundation Inc. formerly Desert Healthcare Foundation for event promotion and the waiver of banner fees for the 2005 Palm Springs Smooth Jazz Festival; and 2) Adopt Resolution No. 21256 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2005 PALM SPRINGS SMOOTH JAZZ FESTIVAL." A5091. Approved as part of the Consent Calendar, noting the abstention of Councilmember Mills. EXCLUDED CONSENT CALENDAR: 21. AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN: City Manager Ready provided background information as outlined in the staff report dated May 4, 2005. ACTION: Adopt Resolution No. 21257, "`A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 20974." Motion Mayor Pro Tern McCulloch, seconded by Councilmember Foat and unanimously carried on a roll call vote. City Council Minutes May 4,2005 Page 8 2.K. AWARD CONTRACT TO TRI-STAR CONTRACTING FOR BLOW SAND REMOVAL AT GENE AUTRY TRAIL, INDIAN CANYON DRIVE AND VISTA CHINO IN THE AMOUNT OF $70,000: City Engineer Barakian provided background information as outlined in the staff report dated May 4, 2005 and a status on the current blow sand issues. City Engineer Barakian stated the contract will be performed on a time and materials basis and the Minute Order is amended to read not-to-exceed $70,000, subject to approval of the City Attorney. The City Council requested that staff look into the installation of a snow fence. ACTION: 1) Approve Minute Order No. 7665, approving Agreement No. A5092 with Tri-Star Contracting for blow sand removal at Gene Autry Trail, Indian Canyon Drive, and Vista Chino in the amount not-to-exceed $70,000, CP 05-12 subject to approval of the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A5092. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.L. ENCROACHMENT LICENSE FOR 530 W. TAHQUITZ CANYON WAY: City Engineer Barakian provided background information as outlined in the staff report dated May 4, 2005. ACTION: 1) Approve Minute Order No. 7666, approving Agreement No. A5093 for the issuance of an Encroachment License to Steven Cheroske, to allow the maintenance of existing retaining walls, pool decking, carport canopy, entrance steps and landscaping within the public right-of-way at 530 W. Tahquitz Canyon Way; and 2) Authorize the City Manager to execute all necessary documents. A5093. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.0. CONTRACT AMENDMENT NO. 2, WITH DUDEK & ASSOCIATES, INC. IN THE AMOUNT OF $46,500, FOR REVISIONS TO THE PROJECT DESCRIPTION AND EIR ANALYSIS SECTION AND FOR MANAGEMENT OF THE TRAFFIC ANALYSIS PEER REVIEW, AS PART OF THE EIR, FOR THE DEVELOPMENT OF A 371,000 SQUARE FOOT COMMERCIAL CENTER, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD, ZONE M-1-P, SECTION 17: ACTION: 1) Adopt Minute Order No. 7667, Authorizing the City Attorney to prepare Amendment No. 2 to Agreement No. 4745, with Dudek & Associates Inc., for an additional amount of $22,150, and a total contract price of $157,275; and 2) Authorize the City Manager to execute all documents necessary to effectuate the Amendment. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. vAay4,zuuo Page 9 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.04.080 TO CORRECT THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION: City Clerk Thompson provided background information as outlined in the staff report dated May 4, 2005. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading, Ordinance No. 1667, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.04.080 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF ELECTION DATES FOR GENERAL MUNICIPAL ELECTIONS." Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. PROPOSED FEE WAIVER FOR THE SALTON SEA CENTENNIAL CELEBRATION: Scott Mikesell, Director of Parks and Recreation provided background information as outlined in the staff report dated May 4, 2005. MOTION: Deny request to waive fees due to the City's current budget deficit. Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and failed on a roll call vote: AYES: Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: Councilmember Foat, Councilmember Mills and Mayor Oden. The City Council noted by waiving the fees there is no "out-of-pocket" expense to the City. ACTION: Adopt Minute Order No. 7668, approving waiver of Showmobile rental fees in the amount of $1,240 for the Salton Sea Centennial Celebration on Saturday, May 7, 2005 from 7:00 a.m. to 6:00 p.m. Motion Councilmember Mills, seconded by Mayor Oden and carried on a roll call vote: AYES: Councilmember Foat, Councilmember Mills and Mayor Oden. NOES: Councilmember Pougnet and Mayor Pro Tern McCulloch. City Council Minutes May 4,2005 Page 10 5.13. GOLF COURSE RESTORATION REPAIRS: Scott Mikesell, Director of Parks and Recreation provided background information as outlined in the staff report dated May 4, 2005. ACTION: 1) Approve Minute Order No. 7669 approving Change Order No. 1 to Purchase Order No. 516170 to James O. Rue Construction in the amount of $52,621.85; and 2) Adopt Resolution No. 21258 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR BY APPROPRIATING $39,014.83 FROM THE GENERAL FUND BALANCE TO ACCOUNT 001-4201-43200 TO COVER THE REMAINING ESTIMATED COST OF STORM DAMAGE REPAIRS TO THE TAHQUITZ CREEK GOLF RESORT." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 5.C. AWARD CONSTRUCTION CONTRACT TO AMD CONSTRUCTION GROUP, INC FOR — EXPAND TERM INAL/HOLDROOMS — ADD CHECKPOINT PROJECT (AIP 3-06-0181-37 AND 38, CITY PROJECT NO. 2005-01: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated May 5, 2005. The City Council requested the City Manager update the City Council as change orders occur. ACTION: 1) Adopt Resolution No. 21259, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH AMD CONSTRUCTION GROUP, INC., IN THE AMOUNT OF $2,780,000 FOR - EXPAND TERM INAL/HOLDROOMS-ADD CHECKPOINT PROJECT AT THE PALM SPRINGS INTERNATIONAL AIRPORT (AIP 3-06-0181-37 AND 38 CITY PROJECT NO. 2005-01), ESTABLISHING THE PROJECT ADMINISTRATOR AND ADMINISTRATION PARAMETERS;" 2) Authorize the City Manager to execute all necessary documents; and 3) Direct the City Manager to update the City Council as change orders occur. A5094. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. S.D. FIFTH AMENDMENT TO THE AGREEMENT FOR OPERATION OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL: City Manager Ready provided background information as outlined in the staff report dated May 4, 2005. City Council Minutes May 4,2005 Page 11 ACTION: 1) Approve Minute Order No. 7670 approving Amendment No. 5 to Agreement No. 3090 with the Palm Springs International Film Festival extending the term to June 30, 2010; and 2) Authorize the City Manager to execute all necessary documents to effectuate the Amendment. A3090. Motion Councilmember Foat, seconded by Mayor Oden and unanimously carried. S.E. ESTABLISH A CITY COUNCIL SUBCOMMITTEE FOR THE PALM SPRINGS CONVENTION CENTER OPENING EVENT: ACTION: Appoint Mayor Oden and Councilmember Foat to a City Council subcommittee for the Palm Springs Convention Center Opening Event. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Oden requested the City Manager place on a future agenda Spring Break activities and events. Mayor Pro Tern McCulloch announced the dedication of the Wellness Park earlier today and outlined the amenities that will be available in the park. Councilmember Foat introduced the Small Hotels of Palm Springs Post Card, and provided an update of the activities and events attended by the Councilmember's Office. Mayor Oden provided an update of the activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 8:57 P.M. to a City Council Study Session and Adjourned Regular Meeting at 6:00 P.M., Wednesday, May 11, 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 11" DAY OF MAY, 2005. MAYOR ATTEST: City Clerk