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HomeMy WebLinkAbout3/2/2005 - STAFF REPORTS (8) CITY OF PALM SPRINGS CITY COUNCIL MINUTES December 1, 2004 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 1, 2004, at 5:00 p.m. The City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden The meeting was opened with the Salute to the Flag lead by Boy Scot Troop 262, and an invocation by Rabbi Ofseyer, Temple Isaiah. PRESENTATIONS: None REPORT OF POSTING OF AGENDA: Acting City Clerk reported that the agenda was posted in accordance with Council procedures on November 24, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business Convene as the City Council and the Community Redevelopment Agency. CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING A. CENTURY HOMES DISPOSITION AND DEVELOPMENT AGREEMENT— DESERT HIGHLAND GATEWAY INFILL PROGRAM Recommendation: That the Agency and Council approve a Disposition and Development Agreement with Century Vintage Homes for the construction of five single family homes in the Desert Highland area for moderate-income families on Agency owned lots APN 669-353-001; 669-394-004; 669-394-005; 669-394 and 669-413-019; and authorize the Executive Director to execute necessary documents thereto. A_ After report from Director of Community & Economic Development, Chair/Mayor Oden opened the public hearing, and no persons came forward to address the Agency/Council. Staff requested the public hearing remain open and continued to January 5, 2005. On motion by Agency/Councilmember Foat, seconded by Agency/Councilmember McCulloch, and carried by a unanimous (5-0-0) vote the public hearing was continued to January 5, 2005. Adjourn as the Community Redevelopment Agency and continue as the City Council. FEJ9' l Z, Fr0001 Council Minutes 12-01-04, Page 2 CITY COUNCIL PUBLIC COMMENTS Lucia Moran, La Quinta, spoke of the community clean-up held in the Desert Highland area on November 20, 2004. Nunzio Grieco, Palm Springs, spoke of his invention. The following spoke in opposition of Agenda Items 14 and 15: Vic Gainer, Palm Springs Joan Taylor, Palm Springs Dana Stwewart, Palm Springs Frank Gaydos, Palm Springs APPROVAL OF CONSENT AGENDA: Items 1 thru 8. CONSENT AGENDA: On motion by Mayor Pro Tem Mills, seconded by Councilmember Foat, and carried by a unanimously (5-0-0) Consent Agenda Items 1, 3, 4, and 8 were approved as presented. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes, October 13, 2004, Regular 2. Approval of Minutes, October 20, 2004, continued to December 15, 2004. 3. MO 7588 Consent to Assignment and Option to A1764 and Consent to Encumbrance of Ground Lease Interest and Estopel with North America Capital Holdings Company dba Atlantic Aviation. A1764 4. MO 7589 approving Amendment 1 to A4838 with Bighorn Institute extending temporary public exhibition of a Big Horn sculpture at City Hall to June 30, 2005. A4838. 5. SEE EXTENDED CONSENT AGENDA 6. SEE EXTENDED CONSENT AGENDA 7. SEE EXTENDED CONSENT AGENDA 8. Res 21149 and 21150 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 1001469 Animal Medical Hospital Bus Client Related Mills 1001470 Animal Medical Hospital Bus Client Related McCulloch 1001520 Desert Fire Ext. Bus Client Related : r0002 Council Minutes 12-01-04, Page 3 EXTENDED CONSENT AGENDA: 5. MO 7590 approving an agreement with National Golf Foundation for golf course operational audit consulting services in the amount of $46,000; the City portion shall be $35,000 and Arnold Palmer Golf Management Company's portion shall be $11,000. A5004 After discussion, on motion by Councilmember Pougnet, seconded by Mayor Pro Tem Mills, and carried by a unanimous (5-0-0) vote; MO 7590 was approved as presented, authorizing an agreement with National Golf Foundation for golf course operational audit consulting services in the amount of $46,000, the City portion shall be $35,000 and Arnold Palmer Golf Management Company's portion shall be $11,000. 6. MO 7591 approving an agreement with Pacific Municipal Consultants, for Interim Director of Planning Services, in the amount of$38,700.00. A5005 After discussion, on motion by Councilmember Foat, seconded by Councilmember Pougnet, and carried by a majority vote (3-2-0, McCulloch and Mills voted no); MO 7591 was approved as presented, authorizing an agreement with Pacific Municipal Consultants, for Interim Director of Planning Services, in the amount of$38,700.00. A5005 7. MO 7592 approving Amendment 1 to A4979 with Willdan for temporary Planning Services in the amount of$40,000. A4979 After discussion, on motion by Mayor Pro Tem Mills, seconded by Councilmember Pougnet, and carried by a unanimous (5-0-0) vote; MO 7592 was approved as presented, authorizing Amendment 1 to A4979 with Willdan for temporary Planning Services in the amount of$40,000. PUBLIC HEARINGS: 9. APPEAL — CASE 5.1012 — PD-300 — TTM 31104 — 640 NORTH INDIAN CANYON DRIVE — ZONE R-3, SECTION 11 — APN 507-183-006 — SPANISH INN Recommendation: That the Council uphold, override or modify the Planning Commission's decision to renovate the hotel, convert hotel to condominiums, and construct a new condominium building located at 640 North Indian Canyon Drive, Zone R-3, Section 11, APN 507-183-006. Director of Planning Services presented the staff report. Mayor Oden opened the public hearing: Skip Goodell, representing applicant, requested overriding the Planning Commission's decision. Photographs were submitted and are on file in the Office of the City Clerk. Catherine McMillian, Palm Springs, spoke in support of upholding the Planning Commission's decision. f- r 0003 Council Minutes 12-01-04, Page 4 Robert Rosenau, Palm Springs, spoke in support of upholding the Planning Commission's decision. Joe Luisi, Palm Springs, requested overriding the Planning Commission's decision. Christine Leblon, Palm Springs, requested overriding the Planning Commission's decision. Graham Young, Palm Springs, spoke in support of upholding the Planning Commission's decision. No others came forth to address the City Council; therefore, Mayor Oden closed the public hearing. After discussion, on motion by Councilmember Pougnet, seconded by Councilmember Foat, and carried by a unanimous (5-0-0) vote, this item was referred back to the Planning Commission for a report on the basis of their denial. 10. URGENCY ORDINANCE CHINO CONE Recommendation: That the Council consider an extension of the Interim Urgency Ordinance for 10-1/2 months, adopting Interim Development regulations for the Chino Cone and adjacent areas pending the completion of studies and the preparation of an update of the City's development regulations for these areas. The staff report was presented by the Director of Strategic Planning. Mayor Oden opened the public hearing. The following persons spoke in support of the proposed urgency ordinance: Earnest Vincent, Palm Springs Steve Nichols, Palm Springs Steve Long, Palm Springs Mark Bragg, Palm Springs Dana Stewart, Palm Springs, spoke in opposition of the proposed urgency ordinance. No others came forth to address the City Council; therefore, Mayor Oden closed the public hearing. The title of the proposed urgency ordinance was read by the City Attorney. After discussion, on motion by Councilmember Pougnet, seconded by Mayor Pro Tern Mills, and carried by a unanimous (5-0-0) vote, the reading of the text was waived and read by title only was approved, and the proposed urgency ordinance was introduced as presented. Council Minutes 12-01-04, Page 5 11. ASSESSMENT DISTRICT 164 — MOUNTAIN GATE II — TRACT MAP 32028 AND 32028-1 — NORTHEAST SIDE OF HIGHWAY 111 NORTH OF GATEWAY DRIVE Recommendation: That the Council approve the formation of a 1913 Act Assessment District using 1915 Act Bonds for certain eligible public improvements for two separate development projects, "Mountain Gate II" Tracts 32028 and 32028-1, located on the northeast side of Highway 111 north of Gateway Drive. The staff report was presented by the Director of Public Works/City Engineer. Mayor Oden opened the public hearing, no persons came forth to address the Council, and Mayor Oden closed the public hearing. Mayor Oden asked the Acting City Clerk if there is proof of the mailing of the Notice of Public Hearing. The Acting City Clerk stated there is proof. The Mayor ordered the Acting City Clerk to open and count the ballot(s). The Acting City Clerk opened the ballot and reported to the Council there was only one ballot and it did pass. Mayor Oden asked the Acting City Clerk if there were any written protests received, which the Acting City Clerk replied no written protests were received. On motion by Councilmember Pougnet, seconded by Mayor Pro Tern Mills, and carried by a unanimous (5-0-0) vote, Resolutions 21151, 21152, 21153, 21154, and 21155 were adopted as presented, COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 12. ESTABLISHMENT OF A 401 PLAN Recommendation: That the Council approve the establishment of a 401 Plan for the purpose of creating a benefit to City employees at no cost to the City. Item was withdrawn by the City Manager. 13. ESTABLISHMENT OF RETIREMENT HEALTH SAVINGS PLAN Recommendation: That the Council approve the establishment of a Retirement Health Savings Plan for City employees administered by ICMA Retirement Corp. Item was withdrawn by the City Manager. r 0005 Council Minutes 12-01-04, Page 6 14. ADDITIONAL BALLOT MEASURES SPECIAL MUNICIPAL ELECTION — MARCH 8, 2005 Recommendation: That the Council consider placing two additional measures on the March 8, 2005, ballot, the first to authorize a general obligation bond to acquire property for open space, wildlife habitat and conservation within the Mountain Region established by Measure _ and the second to establish the San Jacinto/Santa Rosa Mountain Protection Act. The City Attorney presented the staff report. On motion by Mayor Pro Tem Mills, seconded by Councilmember McCulloch, and carried by a majority (3-2-0 Foat and Pougnet voted no) the language on the ballot shall read "In the event Measure _ is adopted by the voters, General Obligation Bonds in the amount up to $(undetermined amount) be issued to acquire real property for open space, wildlife habitat and for conservation purposed ..." if the proposed ordinance was approved. On motion by Mayor Pro Tern Mills, seconded by Councilmember McCulloch, and carried by a majority (3-2-0 Foat and Pougnet voted no) vote, the above undetermined amount be set at$150 million was approved. Mayor Pro Tern Mills moved the following: 1. Adopted Resolution 21156, as presented; 2. Add the words "up to" in the ballot language; therefore, the ballot language shall read "Shall General Obligation Bonds in the amount up to $150 million be issued ..."; and 3. Introduce the proposed ordinance by title only and waive the reading of the text. The City Attorney read the title of the proposed ordinance. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor Pro Tern McCulloch: Requested a review of the purchasing and contracting process at a future study session. Councilmember Mills: Requested a status report of all projects/applications including the planner assigned. Requested a report on the take home vehicle policy. r - (3;096 Council Minutes 12-01-04, Page 7 PUBLIC reports or requests Dana Stewart, Palm Springs, spoke in support of the Hillside (Mountain Region) Initiative and in opposition to the action taken by the Council relating to Item 14. Robert Evans, Palm Springs, spoke in opposition of the Hillside (Mountain Region) Initiative. STAFF reports or requests 20. Director of Finance Fiscal Year 2003-04 City of Palm Springs Development Project Fee Report Received & Filed 21. Director of Finance Treasurer's Investment Report as of October 31, 2004 Received & Filed ADJOURNMENT: There being no further business, at 11:42 p.m. Mayor Oden adjourned the meeting to 6:00 p.m., December 8, 2004, and added Closed Session shall begin at 4:30 p.m., followed by the regularly scheduled Study Session at 7:00 p.m. Respectfully submitted, Kathie Hart, CIVIC Acting City Clerk r 0007 PALM SPRINGS CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 2, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:03 P.M. Immediately prior to the Regular Meeting, Mayor Oden announced a special presentation and swearing in of new City Attorney Holland. ROLL CALL: (All Agencies) 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. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Father Green, Church of Saint Paul in the Desert led the Invocation. PRESENTATIONS: Police Chief Gary Jeandron and staff presented an award to the City of Palm Springs for the Operation Santa Claus and PAL Program. Mayor Oden and the City Council proclaimed the week of February 3-9, 2005 as Burn Awareness Week in the City of Palm Springs, and presented a Proclamation to David Berg, Palm Springs Shriners Club. Mayor Oden and the City Council proclaimed the month of February 2005, as Black History Month in the City of Palm Springs and presented a Proclamation to Delphia White, President Black History Committee. Mayor Oden and the City Council proclaimed February 7, 2005 as National Black HIV/AIDS Awareness and Information Day in the City of Palm Springs, and presented a Proclamation to Delphia White, President Black History Committee. REPORT OF POSTING OF AGENDA: City Clerk Thompson reported that the City Council Agenda for the February 2, 2005 meeting was posted on Friday, January 28, 2005 in accordance with established policies and procedures. City Clerk Thompson stated the City Council received additional materials from staff on Items 8.1 and 13, and additional public testimony on Public Hearing Item 10, which staff is recommending be tabled and re-noticed. CLOSED SESSION REPORT: City Attorney Holland reported that at 5:30 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. 01®®8 City Council Minutes February 2,2005 Page 2 The City Council recessed at 7:23 P.M. as the Community Redevelopment Agency. The City Council reconvened at 7:26 P.M. PUBLIC COMMENTS: HAROLD STONE, Palm Springs, commented on recent helicopter activity over his home, stated the helicopters were not military. SHELLY SAUNDERS, Palm Springs, stated there are no current projects built under current laws in the proposed Mountain Preservation area; spoke against Measure B on the upcoming March 8, 2005 election. VIC GAINER, Palm Springs, stated he has been misquoted on his comments in support of Measure B on the March 8, 2005 election; stated his support of Measure B. TIM ALBERT, Palm Springs, spoke against the 500% increase in transient parking permit fees at the Palm Springs airport, and the lack of communication with the public users. NANCY STUART, Palm Springs, provided the City Council an update on the activities of the Board at the Tram; explained the ramifications of Measure B; if passed, to the Palm Springs Tram. MATILDE JONES, Palm Springs, commented on the letter from the San Jacinto Winter Park Authority; suggested patrons park Downtown and shuttle to the Tram. CONSENT AGENDA: Councilmember Mills abstained on Warrant Nos. 1002795, 1002693, 1002694. Councilrrlember Mills and Councilmember Pougnet noted a correction to the November 10, 2004 Minutes by correcting the vote on Items in those minutes 1.A 1.13 1.C., as 4-1- 0 with Councilmember Foat voting no on those items listed in the minutes. Councilmember Foat noted her abstention on the minutes dated December 15, 2005 Minutes on Consent Agenda Item No. 1. Councilmember Foat requested Item 7 be removed from the Consent Agenda for separate discussion. Mayor Oden noted his abstention on the minutes dated October 27, 2004 and November 17, 2004 on Consent Agenda Item No. 1. City Manager Ready requested Consent Agenda Item No. 3 be removed from the Consent Agenda for separate discussion. c" f C;1009 City Council Minutes February 2,2005 Page 3 ACTION: Approved Consent Agenda Item Nos. 1 (as amended), 2, 4, 5, 6, 8, 8.1, 8.2, 8.3. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 1. ACTION: Approve Minutes from the a) October 27, 2004, b) November 10, 2004, c) November 17, 2004, d) December 15, 2004, e) January 5, 2005, f) January 12, 2005, g) January 19, 2005, h) January 20, 2005, and i) January 26, 2005 City Council meetings. Approved as part of the Consent Agenda as amended correcting the vote on the November 10, 2004 minutes Items 1.A., 1.13, and 1.0 to 4-1-0 with Councilmember Foat as voting no on those items in the minutes; noting the abstention of Councilmember Foat on the December 15, 2004 minutes, noting the abstention of Mayor Oden on the October 27, 2004 and the November 17, 2004 minutes. 2. ACTION: Adopt Resolution No. 21194 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY BY THE CITY MANAGER ON DECEMBER 29, 2004 AND RATIFIED BY THE CITY COUNCIL ON JANUARY 5, 2005." Approved as part of the Consent Agenda. 3. Approving Amendment No. 2 to Agreement No. 3613 with the Palm Springs Air Museum for parcel Nos. 134 and 135 adding 9 acres to the leasehold in a form acceptable to the City Attorney and subject to final approval by the Federal Aviation Administration. A3613. See Extended Consent Agenda. 4. ACTION: Approve MO 7622, approving and adopting the specifications and authorize advertisement for construction bids for the FY 2004/2005 Annual Slurry Seal, CP 05-02. Approved as part of the Consent Agenda. 5. ACTION: Approve MO 7623, waiving the $1,000 fee for the rental of closed Taxiway A at the Palm Springs International Airport, for use by the Palm Springs Corvette Club on April 16 and 17, 2005, in exchange for promotional and media coverage listing the City of Palm Springs and Palm Springs International Airport as a sponsor. Approved as part of the Consent Agenda. 6. ACTION: Approve MO 7624, approving a lease agreement with Sierra Aviation Group for the exclusive use of space at the Palm Springs International Airport through January 31, 2008 with two (2) one-year options. A5033. Approved as part of the Consent Agenda. 7. Amending and restating A4554 with the Palm Springs Unified School District through June 30, 2006, for a full-time Family Intervention Officer (civilian) to administer the school community policing partnership grant. A4554. See Extended Consent Agenda. 00io City Council Minutes February 2,2005 Page 4 8. ACTION: Adopt Resolution Nos, 21195, 21196, and 21197 approving Payroll Warrants and Claims and Demands. Approved as part of the Consent Agenda noting abstentions. Abstentions: Councilmember Warrant # Payee Nature of Conflict Mills 1002795 PS Unified School Dist. Business Related Mills 1002693 Animal Medical Hosp. Business Related Mills 1002694 Animal Medical Hosp. Business Related 8.1. ACTION: Approve MO 7626 approving and authorizing the City Attorney to prepare a contract services agreement with Hilton Farnkopf & Hobson, LLC for solid waste consulting services not to exceed $38,000. A5034. Approved as part of the Consent Agenda. 8.2. ACTION: Approve MO 7627 approving certain amendments to the Joint Powers Authority Agreement for the Palm Springs Desert Resorts Convention and Visitors Authority. A2660. Approved as part of the Consent Agenda. 8.3. ACTION: Approve MO 7628 approving a license agreement with Canyon National Bank for a Downtown Automated Teller Machine. A5035. Approved as part of the Consent Agenda. EXTENDED CONSENT AGENDA: 3. PROPOSED AMENDMENT TO THE AGREEMENT WITH PALM SPRINGS AIR MUSEUM FOR PARCEL NOS. 134 AND 135: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated February 2, 2005. Director Walsh added that the Airport Commission approved the staff recommendation but desired to include a provision for the termination of the lease on parcel 135 if substantial development does not start within 5 years. ACTION: Approve MO 7621 Approving Amendment No. 2 to Agreement No. 3613 with the Palm Springs Air Museum for parcel Nos. 134 and 135 adding 9 acres to the leasehold in a form acceptable to the City Attorney and subject to final approval by the Federal Aviation Administration but amending the Amendment No. 2 to the agreement to include a provision for the termination of the lease on parcel 135 if substantial development does not start within 5 years. A3613. Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. f F 00:11 City Council Minutes February 2,2005 Page 5 Councilmember Mills stated he had a conflict of interest on Item No. 7; would not participate in the discussion or the vote and left Council Chamber. 7. AMENDING AND RESTATING A4554 WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT THROUGH JUNE 30, 2006: Gary Jeandron, Police Chief, provided background information as outlined in the staff report dated February 2, 2005. ACTION: Approve MO 7625, amending and restating A4554 with the Palm Springs Unified School District through June 30, 2006, for a full-time Family Intervention Officer (civilian) to administer the school community policing partnership grant. A4554. Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to Council Chamber. PUBLIC HEARINGS: 9. TENTATIVE TRACT MAP 31940 — CASE NO. 5.1020 — PD 304 - PALM SPRINGS MODERN HOMES IV - NW CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD - APN 504-140-005, 504-140006, AND 504-140-015: Gary Wayne, Interim Director of Planning, provided background information as outlined in the staff report dated February 2, 2005. Mayor Oden opened the Public Hearing and the following speakers addressed the City Council: MARVIN ROOS, stated the project is an innovative design well within the limits of an R-2 zone, stated his support working through the conditions with City staff. DENNIS CUNNINGHAM, representing Palm Springs Homes, stated the Buyers drive the design of the project. No further speakers coming forward, Mayor Oden closed the Public Hearing. The City Council discussed the requirement for individual pools vs. landscaping, phasing of the project, price point. ACTION: Adopt Resolution No. 21198 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING r City Council Minutes February 2,2005 Page 6 CASE NO. 5.1020 FOR PLANNED DEVELOPMENT DISTRICT 304 AND TENTATIVE TRACT MAP 31940 TO SUBDIVIDE A 4.97 ACRE SITE INTO FORTY-THREE (43) LOTS AND LETTERED LOTS "A" — "I" FOR THE CONSTRUCTION OF FORTY-THREE (43) DETACHED SINGLE-FAMILY RESIDENCES AND ASSOCIATED OFF-SITE IMPROVEMENTS, INCLUDING APPROVAL OF THE PROPOSED SPECIAL (MODIFIED) 50 FOOT RIGHT-OF- WAY FOR ZANJERO ROAD, LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, ON APN'S 504-104-005, 504- 140-006 AND 504-140-015, ZONE R-2, SECTION 3;" as amended by deleting condition 15. Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 10. 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: Table with no Public Testimony, direct staff to re-notice the Public Hearing. By consensus of the City Council. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Mayor Oden commented on the recent activities of the Mayor's office; commented on the recent Human Rights Commission forum, announced the Art Reception and Open house at City Hall on February 3, 2005, Mayor's State of the City address on February 9, 2005 and a Convention Center topping off ceremony on February 9, 2005. LEGISLATIVE ACTION: None. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS AND REQUESTS: CITY COUNCIL REPORTS OR REQUESTS: Councilmember Foat made a second request to receive a report on helicopter noise. Councilmember Foat requested regular updates and status report regarding transient parking fees at the Palm Springs Airport. City Manager Ready stated the Airport Commission will be hearing, and acting on, the transient parking fees at the Palm Springs Airport. 0013 City Council Minutes February 2,2005 Page 7 Mayor Oden commented on the process of the transient parking fees at the Palm Springs Airport. PUBLIC REPORTS OR REQUESTS: DANA STEWART, Palm Springs, submitted written comments on the Boulders project. STAFF REPORTS OR REQUESTS: 11. PROPOSED RESOLUTION APPROPRIATING $65,000 FOR ADMINISTRATION AND COSTS ASSOCIATED WITH THE MARCH 8, 2005 ELECTION: City Clerk Thompson provided background information as outlined in the staff report dated February 2, 2005. ACTION: Adopt Resolution No. 21199 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR FISCAL YEAR 2004-05 TO APPROPRIATE FUNDS FOR THE MARCH 8, 2005 SPECIAL ELECTION." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. Councilmember Mills stated he had a conflict of interest due to business related property within 400 feet, would not participate in the discussion or vote, and left Council Chamber. 12. CONVENTION CENTER CONTINGENCY DRAW-DOWN: Allen Smoot, Convention Center Project Administrator, provided background information as outline in the staff report dated February 2, 2005. ACTION: Adopt Resolution No. 21200 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE DRAW-DOWN OF UP TO $460,000 FROM THE CONVENTION CENTER PROJECT CONTINGENCY FUND FOR EXPANDED SCOPE ITEMS." Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch, Mayor Oden. NOES: None. ABSENT: Councilmember Mills. 0014 City Council Minutes February 2,2005 Page 8 Councilmember Mills returned to the dais. 13. APPOINTMENT TO THE PLANNING COMMISSION: City Clerk Thompson provided background information as outlined in the staff report dated February 2, 2005. ACTION: Appoint Toni Ringlein to the Planning Commission to fill a vacancy for the un-expired term ending June 30, 2007. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and carried on a roll call vote. AYES: Councilmember Mills, Mayor Pro Tern McCulloch, Mayor Oden. NOES: Councilmember Foat, Councilmember Pougnet. ADJOURNMENT: The City Council adjourned at 8:56 P.M. to a City Council/Cabinet Study Session at 7:00 P.M., Wednesday, February 9, 2005, City Hall Large Conference Room, preceded by a Closed Session at 5:30 P.M., City Hall Small Conference Room. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2°d, DAY OF MARCH, 2005. Mayor Attest: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 9, 2005 CITY HALL LARGE CONFERENCE ROOM CALL TO ORDER: Mayor Oden called the meeting to order at 7:04 P.M. 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. PRESENTATIONS: None. REPORT OF POSTING OF AGENDA: City Clerk Thompson stated the City Council Agenda for the February 9, 2005 meeting was posted on Friday, February 4, 2005 in accordance with established policies and procedures. City Clerk Thompson announced that the City Council received additional materials from staff on Study Session Item f. CLOSED SESSION REPORT: City Attorney Holland reported that no closed session was held. PUBLIC COMMENTS: HAROLD STONE, Palm Springs, commented on unacceptable helicopter noise, and the reporting of such to staff, stated the sound wall promised has not been installed. VIC GAINER, Palm Springs, commented on the Mayor's State of the City Address; stated his support of Measure B. RICHARD SUKMAN, Palm Springs, stated he is not against development and commented that environmental review is necessary. CAROLE SUKMAN, Palm Springs, stated her support for Measure B and opposition to Measure C; urged the voters to read the ballot measures. MITCH SPIKE, V.P. Palm Springs Police Officers Association, commented on the Mayor's State of the City Address; stated the City Bargaining Units are in support of the Mayor's view on the ballot measures. MARK STAFFORD, President Palm Springs Police Officers Association, spoke in opposition of Measure B and in support of Measure C. 0 016 City Council Minutes February 9,2005 Page 2 JOY MEREDITH, Palm Springs, commented on the Mayor's State of the City Address and her support of his concepts; stated her opposition of Measure B and in support of Measure C. JIM SHINER, Palm Springs, retired Fire Captain, stated his opposition to Measure B; outlined the measures as presented in the Sample Ballot. STUDY SESSION ITEMS BOARD AND COMMISSION REPORTS: a. Administrative Appeals Board: Harold Ball, Chair, Administrative Appeals Board, provided an update to the City Council on the activities of the Board. Chair Ball reported that the Board held one hearing the prior year. The activity of the Board is based on Code Enforcement activities. b. Board of Appeals: No Report. C. Historic Site Preservation Board: William Scott, Chair, Historic Site Preservation Board, provided an update to the City Council on the activities of the Board. Chair Scott reported on the October survey of historic resources, meeting with Colony Palms Hotel, Horizon Hotel, Downtown Oasis Building, Visitors Center sign, added two historic sites, plaque development for each historic building. Stated the Board is developing a work program for the coming year. d. Library Board: - Lynne Bushore, Member, Library Board, provided an update to the City Council on the activities of the Board. Member Bushore reported that the library website is up and getting quite a bit of attention, the reading programs at the Library, participation in the Family Fest on April 16 at Sunrise Park, "Teen Zone" in the Library; the Library strategic plan, and the RFP for a feasibly study for the use of library building. e. Personnel Board: No Report. Councilmember Mills left the dais at 7:43 P.M. Councilmember Mills returned to the dais at 7:45 P.M. Mayor Pro Tern McCulloch left the dais at 7:45 P.M. Mayor Pro Tern McCulloch returned to the dais at 7:47 P.M. f. VillageFest Board: City Council Minutes February 9,2005 Page 3 Scott Meredith, Chair, VillageFest Board, provided an update to the City Council on the activities of the Board. Chair Meredith reported on the image and representation of the Event, the current television commercial on PSCTV Channel 17, improved food vendors at the VillageFest, improvements to the Farmers Market, marketing efforts, more stringent application process, better booth placement, comprehensive business plan. VillageFest Board Vice-Chair Martin Danielson provided an update on the marketing aspects and the growth of VillageFest; reported on the problems with budgeting and expenditures on VillageFest; and requested consideration for a change to a private business enterprise. Councilmember Foat left the dais at 8:07 P.M. Councilmember Foat returned to the dais at 8:08 P.M. g. Human Rights Commission: William Feingold, Chair, Human Rights Commission, provided an update to the City Council on the activities of the Commission. Chair Feingold reported on the outreach activities of the Commission, Living with AIDS forum, forum and panelists from the Anti-Defamation League, upcoming activities for genocide in Africa forum, Police Department tour of the gay-pride center, Black History Pride parade, plaque and donation program, updates to the Commission website. h. Palm Springs International Airport Commission: Michael Lovett, Chair, Palm Springs International Airport Commission, provided an update to the City Council on the activities of the Commission. Chair Lovett reported that 9 of last 12 months were record travel months at the airport, commented on the construction activities and improvements, the need to dialog the expansion of terminal 19, expansion of the Palm Springs Air Museum. i. Parks and Recreation Commission: J.M. Evosevich, Chair, Parks and Recreation Commission provided an update to the City Council on the activities of the Commission. Chair Evosevich reported on the development of a Parks and Recreation General Plan development, contract on the Tahquitz Median, proposal for a golf-course hotel, recent damage to the City golf course. j. Public Arts Commission: Harry Wick, Chair, Public Arts Commission, provided an update to the City Council on the activities of the Commission. Chair Wick reported on the Art Show February 3rd Reception at City Hall, People's Choice Award, the recent gift from John Kennedy titled "Sympatico," stated they would like to acquire additional pieces of public art, reported on the state of repairs and restorations, and the Young Artist forum. City Council Minutes February 9,2005 Page 4 k. Rent Review Commission: No Report. I. Planning Commission: Dianne Marantz, Chair, Planning Commission provided an update to the City Council on the activities of the Commission. Chair Marantz reported on the new Architectural Advisory Commission and they should be included in the next Council/Cabinet meeting, reported a new Planning Commissioner started today, requested the City handle staffing issues in the Planning Department. The City Council recessed at 8:46 P.M. The City Council reconvened at 9:04 P.M. REGULAR MEETING ITEMS 1. PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL PROCEDURES AND CONDUCT OF MEETINGS: City Clerk Thompson provided background information as outlined in the staff report dated February 9, 2005. The City Council discussed the merits and drawbacks of option 1 and option 2, the regular meeting and closed session start times, order of roll call votes, vote recording technology, "red-eye" time to review status of agenda, time limits for public hearings. ACTION: Adopt Resolution No. 21201, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY COUNCIL RULES OF PROCEDURE HANDBOOK, SUPERSEDING ALL PREVIOUS RESOLUTIONS THAT ADOPT A RULES OF PROCEDURE HANDBOOK, AND RESCINDING ALL PREVIOUS RESOLUTIONS AMENDING THE RULES OF PROCEDURE HANDBOOK;" as presented in option 1 of the staff report further amending Section 1.1 of the handbook to provide for a modification in meeting start time; Section 2.9 amending the time to review status of the agenda to 10:00 P.M.; Section 7.1 voting procedure modifying the order of voting to include varying the order by the City Clerk and; 2) Direct Staff to draft an ordinance modifying the start time to 5:00 P.M. for Closed Section and 6:00 P.M. for the Regular Meeting. Motion Councilmember Pougnet, seconded by Mayor Pro Tem McCulloch and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS/INTERAGENCY REPORTS: Councilmember Pougnet provided an update on the City's United Way Campaign, stated over $25,000 was raised, thanked staff and the participants. He commented on the growth, the development process and public comments. uVjL9 City Council Minutes February 9,2005 Page 5 Mayor Pro Tern McCulloch provided an update on the "topping off' ceremony at the Palm Springs Convention Center, thanked previous City Councils and staff who have implemented the expansion. He commented on some of the public comments, and how the Council makes its decisions. Councilmember Foat commented on the public comments and the passion of the public; announced the Soroptimist and Chamber event on Tuesday, February 22, 2005, commented on the Palm Springs Convention Center expansion and the "topping off' event. Councilmember Mills commented on the "topping off" event at the Palm Springs Convention Center, and the Mayor's State of the City Address. Mayor Oden commented on the Artist Reception at City Hall and the Open House of the City Council Offices, Desert AIDS Project reception at the Palm Springs Desert Museum, Tour de Palm Springs. Mayor Oden stated the City received recognition for the Partners of Life Award. Mayor Oden commented on the State of City Address at the Chamber luncheon. REPORTS AND REQUESTS: a. City Council Reports or Requests: Councilmember Foat requested the City Manager place an Item on the next City Council Agenda for the sponsorship and support of the "Eyes Wide Open" event. b. Staff Reports or Requests: None. ADJOURNMENT: The City Council adjourned at 9:57 P.M. to their next Regular Meeting, Wednesday, February 16, 2005 at 7:00 P.M. City Council Chambers, preceded by a Closed Session, City Hall Small Conference Room, 3200 East Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2nd DAY OF MARCH, 2005. Mayor Attest: City Clerk r 1)020 PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 16, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:06 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Rev. Kathryne Middle, United Methodist Church led the Invocation. ROLL CALL: (All Agencies) PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem 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 Jerry Grence, former Planning Commissioner, a Certificate of Commendation for his service on the Planning Commission from 2002 to 2005. Mayor Oden and the City Council presented Proclamations to the Palm Springs Sunup Rotary Club and the Rotary Club of Palm Springs and proclaimed February 23, 2005 as Rotary Club day in the City of Palm Springs and urged residents to recognize them for their many contributions to the community. Chuck Nesbit presented the City Council the issues and concerns that the Coachella Valley Trail Users Coalition has with the Trials Plan in the MSHCP. APPROVAL OF THE AGENDA: City Clerk Thompson stated that Bond Counsel has requested that the joint City Council and Financing Authority Item FA2 regarding the Airport Bond issue, be removed from the Consent Calendar for separate discussion. City Clerk Thompson requested the City Council withdraw from the Agenda Consent Calendar Item 2.M. regarding parking fines. City Clerk Thompson stated Public Hearing Item 1.E. regarding Boulders will be tabled with no public testimony and direct staff to re-notice the Public Hearing. Councilmember Pougnet removed Items 2.B. and 21. from the Consent Calendar for discussion. Councilmember Mills removed Items 2.G., 2.K., 2.0. and 2.P from the Consent Calendar for discussion. 00,21 City Council Minutes February 16,2005 Page 2 Mayor Pro Tem McCulloch removed Item 2.1. from the Consent Calendar for discussion. Councilmember Foat removed Item 2.P. from the Consent Calendar for discussion. Councilmember Mills and Councilmember Foat noted their abstentions from City Council Item 2.S.; property ownership. ACTION; Approve the Agenda as amended. Mayor Pro Tern McCulloch, seconded by Councilmember Mills 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. 1. PUBLIC HEARINGS: I.A. VACATION OF THE RIGHT-OF-WAY TRAMVIEW ROAD: David Barakian, City Engineer, provided background information as outlined in the staff report dated February 16, 2005. Mayor Oden opened the Public Hearing, and the following speakers addressed the City Council. JANE SMITH, Palm Springs, requested clarification on the location of the Tramview Road vacation. No further speakers coming forward, Mayor Oden closed the Public Hearing, ACTION: 1) Adopt Resolution No. 21202, "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 TRAMVIEW ROAD IN SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST, FILE R-04-016. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried. 1.B. VACATION OF THE DESERT WATER AGENCY WELL SITE ACCESS ROAD RIGHT-OF-WAY: David Barakian, City Engineer, provided background information as outlined in the staff report dated February 16, 2005. Mayor Oden opened the Public Hearing, and no speakers coming forward the Public Hearing was closed. ��2� City Council Minutes February 16,2005 Page 3 ACTION: Adopt Resolution No. 21203, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THE RIGHT-OF-WAY DEDICATED FOR AN UN-NAMED PUBLIC STREET SERVING AS ACCESS TO A DESERT WATER AGENCY WELL SITE IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, FILE R-04-047." Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. I.C. CASE 5.0080-C — OUR SAVIOR'S COMMUNITY CHURCH - REQUEST TO AMEND EXISTING CONDITIONAL USE PERMIT TO ALLOW TEMPORARY PARKING OF RECREATIONAL VEHICLES IN THE EXISTING PARKING AREA — 1020 EAST RAMON ROAD — ZONE R-2, SECTION 14: Gary Wayne, Interim Director of Planning Services, provided background information as outlined in the staff report dated February 16, 2005. Mayor Oden opened the Public Hearing, and the following speaker addressed the City Council. IRA J. ANDERSEN, Appellant, provided an overview of the project. Stated the sewer, water and electrical are in place. Stated the group occupying the RV's will be retired people who will not make noise at night. Addressed the letter of complaint, stated the project will not devaluate the surrounding properties. Stated the Church is saving approximately $40,000 by parking the RV's on site. No further speakers coming forward, Mayor Oden closed the Public Hearing. The City Council discussed the location of the units, location of fencing, noise issues, the number of complaints received, setting a precedent, location of the units from the street, visibility from the street, potential impacts on neighbors, condition no. 7 change to Building Department ACTION: Adopt Resolution No. 21204 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA TO OVERTURN THE PLANNING COMMISSIONS DECISION ON JANUARY 12, 2005 TO DENY CASE 5.0080-C TO ALLOW THE USE OF THE PARKING AREA AS A TEMPORARY RV LOT TO ALLOW A MAXIMUM OF NINE RV UNITS FOR A MAXIMUM OF NINE MONTHS, LOCATED AT 1020 EAST RAMON ROAD, ZONE R-2, SECTION 14;" amending condition number 7 to read 'Our Savior's Community Church shall provide proper utility, sewer and water connections for the RV units, subject to the approval of the Building Department.' Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. fw ;.2 1 City Council Minutes February 16,2005 Page 4 I.D. APPLICATION BY THE CITY OF PALM SPRINGS TO WIDEN GENE AUTRY TRAIL: David Barakian, City Engineer, and Jing Yeo, Principal Planner, provided background information as outlined in the staff report dated February 16, 2005. Mayor Oden opened the Public Hearing, and no speakers coming forward the Public Hearing was closed. ACTION: Adopt Resolution No. 21205 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE APPLICATION TO WIDEN GENE AUTRY TRAIL FROM TWO TO SIX LANES BETWEEN VISTA CHINO AND VIA ESCUELA AND FROM TWO TO FOUR LANES BETWEEN VIA ESCUELA AND THE APPROACH TO THE UNION PACIFIC RAILROAD BRIDGE THROUGH THE WHITEWATER RIVER WASH, SECTION 6 AND 31, T4S, RSE;" and 3) Direct staff to undertake the following measures related to this project: a) Pursuant to the measures included, if any, in the Programmatic Biological Opinion issued for the Gene Autry Trail Railroad Bridge Widening Project; incorporate wildlife undercrossings as may be proposed by the U.S. Fish and Wildlife Service, and b) Pursuant to the measures included in the Final Coachella Valley Multi Species Habitat Conservation Plan adopted by the Coachella Valley Association of Governments (CVAG) and the local agencies, work with CVAG and the U.S. Fish and Wildlife Service to identify a funding plan for the ultimate Gene Autry Trail Bridge over the Whitewater River, and implement the Bridge when funding is available. Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 1.E. 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: Table with no public testimony, direct staff to re-notice the Public Hearing. By consensus of the City Council. PUBLIC COMMENT: BOB MILES, Palm Springs, stated he purchased an airplane in hanger number 8 at the Palm Springs airport; and requested the release of his airplane by the City. FERNANDO VILLA, speaking for the Applicant on Item 2.B., requested an extension for a minimum of one-year. HAROLD STONE, Palm Springs, requested that Cities represented on the Palm Springs International Airport Commission contribute to the airport; commented on airport noise. 0024 City Council Minutes February 16,2005 Page 5 BILL MATTHEWS, Palm Springs, commented on Item &A.; requested the City Council not freeze positions on the Police Department. JOSEPH SCHIENHOLZ, Palm Springs, spoke in opposition to Item 2.D. regarding the sale of alcohol at the Horizon Hotel and submitted a petition from residents of Rancho La Paz Residents. MARK STAFFORD, President Palm Springs Police Officers Association, spoke in opposition to Measure B and support on Measure C on the upcoming March 8, 2005 Special Election ballot; stated his opposition to Item 3.A. regarding the unfunded positions on the Police Department. CHARLES SACHS, Palm Springs, commented on the City Attorney services and the payment of such services; stated it is a good contract. CLAUDETTE HINRICHS, Palm Springs, spoke in opposition to Item 2.D. regarding the sale of alcohol at the Horizon Hotel. ROBERT EVANS, Palm Springs, stated his disappointment that the Mayor's State of the City Address was not televised on PSCTV. JOANNE CHARANNE and ROBIN PTACEK, Palm Springs Library, spoke in opposition to Item 3.A. and the reduction of positions at the Palm Springs Library. MITCH SPIKE, Palm Springs Police Department, spoke in opposition to Measure B on the March 5, 2005 Special Election. JANE SMITH, Palm Springs, stated the City Council is not protecting the community and species. JOY MEREDITH, Palm Springs, spoke in support of Item 2.C. sale of alcohol at Three Things on Palm Canyon; commented on the removal of Item 2.M. regarding parking fines; requested an increase in staffing to the Police Department. DANA STEWART, Palm Springs, spoke regarding Item FA2 and Item 2.K. on airport construction and financing; spoke in support of additional police and firefighters; stated her support on Measure B and opposition to Measure C. RICH CAMPBELL, Horizon Hotel, stated he would answer any questions on Item 2.D. sale of alcohol at the Horizon Hotel, and requested City Council support. JIM SHINER, Palm Springs, stated his opposition to Item 3.A. and the freezing of positions at the Police Department. BILL FINEGOLD, Palm Springs, stated his opposition to Measure B and support of Measure C; stated his opposition to Item 3.A. freezing of positions on the Police Department. 6,Q25 City Council Minutes February 16,2005 Page 6 SACRA, Palm Springs, stated her opposition to Item 3.A. and reduction of staff to the public library staff and police department. TRISHA SANDERS, Palm Springs, stated the Mayor's State of the City Address will air tonight 9:30 P.M. on channel 20. The City Council recessed at 9:02 P.M. The City Council reconvened at 9:13 P.M. COUNCILMEMBER COMMENTS AND REQUESTS: Councilmember Pougnet requested the Citizens think about comments that may cross the line. Mayor Oden stated he presented proclamation to Sydney Shelton at the Camelot Theatre; commented on the EQCA event at the San Francisco City Hall and the Palm Springs Historical Society event at the Plaza Theatre. Mayor Oden request staff place on the February 23, 2005 Study Session an item to discuss the Winter Park Authority de-annexation. Stated a forum will be held Tuesday March 1 on the Measures B and C, sponsored by the Chamber and the Desert Sun. CITY MANAGER'S REPORT: City Manager Ready requested that the City Council withdraw Item 2.D. from the Agenda. The City Council recessed at 9:18 P.M. to a Joint Meeting of the City Council and the City of Palm Springs Financing Authority. JOINT MEETING WITH THE CITY COUNCIL AND THE CITY OF PALM SPRINGS FINANCING AUTHORITY: FA2. REFINANCING OF THE 1992 AIRPORT BOND ISSUE AND AMENDING CERTAIN DOCUMENTS OF THE 1998 GENERAL AIRPORT REVENUE BONDS: City Treasurer Kanarr provided background information as outlined in the staff report dated February 16, 2005. ACTION: Adopt Resolution No. 21206 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $13,500,000. PRINCIPAL AMOUNT OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REFUNDING REVENUE BONDS, SERIES 2005A (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH." Motion Councilmember Mihs, seconded by Mayor Pro Tern McCulloch and unanimously carried. 0,026 City Council Minutes February 16,2005 Page 7 The Joint Meeting of the City Council and Palm Springs Financing Authority adjourned at 9:22 P.M. The City Council recessed as the Community Redevelopment Agency at 9:22 P.M. The City Council reconvened at 9:24 P.M. 2. CONSENT CALENDAR: ACTION: Approve Item 2.A., 2.C., 2.E., 2.F., 2.H., 2.J., 2.N., 2.Q., 2.R., 2.S., and 2.T., Motion Councilmember Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried. 2.A. ACTION: Report on the Posting of the February 16, 2005 City Council Agenda. Receive and File. Approved as part of the Consent Calendar, 2.13. Proposed Resolution granting Fairfield Resorts, Inc. an extension from January 30, 2005 to April 30, 2005 for Planned Development District 260 and Tentative Tract Map 29691 for 254 timeshare units at 961 S. Palm Canyon Drive, Zones W-C-1 and W-R-3, Section 22 and 23. Removed from the Consent Calendar for separate discussion. 2.C. ACTION: Adopt Resolution No. 21208 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL AT A PROPOSED NEW STORE LOCATED AT 242 NORTH PALM CANYON DRIVE, C-B-D ZONE, SECTION 15, APM 513- 091-011;" as requested by Michael and Kathy Judson-Carr with Three Things LLC. Approved as part of the Consent Calendar. 2.13. Proposed Resolution approving a Resolution of Convenience and Necessity, as requested by the Horizon Hotel, to sell alcohol within the Horizon Hotel located at 1050 E. Palm Canyon Drive., Zone R-3, Section 24. Withdrawn from the Agenda at the request of staff. 2.E. ACTION: Approve Minute Order No. 7629 authorizing a gift agreement with The John Kennedy Trust for a bronze sculpture entitled "Sympatico," valued at $65,000. A5042. Approved as part of the Consent Calendar. 2.F. ACTION: Approve 1) Minute Order No. 7630 Amendment 1 to A4665 with HDR Engineering for additional professional engineering design services for the Gene Autry Trail railroad bridge widening in the amount of $107,572 for a total contract amount of $588,572. CP 01-04; and 2) Minute Order No, 7631 Amendment 1 to A4666 with HDR Engineering for additional professional engineering design services for the Gene Autry Trail widening in the amount of $70,859 for a total contract amount of $485,859. CP 02-03. A4665 and A4666. Approved as part of the Consent Calendar. 0 027 City Council Minutes February 16,2005 Page 8 2.113. Resignation of Shevlin Rush from the Historic Site Preservation Board. Removed from the Consent Calendar for separate discussion. 2.IH. ACTION: Approve Minute Order No. 7632 rescinding MO 7601 and canceling award of contract to G & M Construction A5017 for construction of the new Employee Parking Lot B in the amount of $420,900. Approved as part of the Consent Calendar. 2.1. Sponsorship of the "Eyes Wide Open" event on Sunday, March 13, 2005 waiving the normal park use fee, identifying funds for the cost of display tent rental fee and staff services. Removed from the Consent Calendar for separate discussion. 2.J. ACTION: Approve Minute Order No. 7633 amending Fiscal Year 2002- 2003 Law Enforcement Block Grant by adding substitute pepper ball launchers and hard cases for the launchers and ammunition and deleting the crime analysis research. Approved as part of the Consent Calendar. 2.K. Amendment 1 to A4998 with Parsons Transportation Group Inc for construction management services at the Palm Springs International Airport. Removed from the Consent Calendar for separate discussion. 2.L. Amendment 1 to A4671 extending the agreement to March 31, 2006 for the Driving Under the Influence Enforcement grant from Office of Traffic Safety. A4671. Removed from the Consent Calendar for separate discussion. 2.IM. Proposed Amendment to the bail schedule with regard to all parking citations. Withdrawn from the Agenda at the request of staff. 2.N. ACTION: Receive and file report of emergency purchases made to mitigate storm damages related to the December 2004 declaration of a local emergency. (Executive Order 2004-01 declaring the existence of a local emergency and ratified by Resolution No. 21175). Approved as part of the Consent Calendar. 2.0. Declaring as surplus 26 dormant accounts held in the Trust and Agency Fund totaling $123,732.82. Removed from the Consent Calendar for separate discussion. 2.13. Authorizing the sale of Vehicle License Fee (VFL) Gap Loan of $746,070 to California Development Authority for an amount not less than $671,000. A5043 Removed from the Consent Calendar for separate discussion. 2.Q. ACTION: Receive and file Treasurer's Investment Report as of December 31, 2004. Approved as part of the Consent Calendar. City Council Minutes February 16,2005 Page 9 2,IR. ACTION: Receive and file Staff Authorized Agreements covering the period December 22, 2004 through January 31, 2005. Approved as part of the Consent Calendar. 2.5. ACTION: Adopt Resolution Nos. 21211 and 21212 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR;" and approve the following loan repayments and new loans (at 6%) interest from the General Fund, effective February 16, 2005: Loan Repay New Loan Merged Area No. 1 Debt Service $ 600,000. Merged Area No. 1 Capital Project $ 600,000. Merged Area No. 2 Debt Service $ 300,000. Merged Area No. 2 Capital Project $ 300,000. Approved as part of the Consent Calendar noting the abstentions of Councilmember Mills and Councilmember Foat. 2.T. ACTION: Resolution No. 21213, 21214 and 21215 approving Payroll Warrants and Claims & Demands. Approved as part of the Consent Calendar. 2.U. Amendment No. 2 to Agreement No. 4043 with Airport Displays, Ltd., extending the contract term for advertising services at the Palm Springs International Airport. Removed from the Consent Calendar for separate discussion. 2.V. Amendment No. 1 to the Consultant Services Agreement with Pacific Municipal Consultants for Planning and Environmental Support Services for additional contract planning and environmental services; and 2) Adopt Resolution No. 21217 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR. Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.13. GRANTING FAIRFIELD RESORTS, INC. AN EXTENSION FROM JANUARY 30, 2005 TO APRIL 30, 2005 FOR PLANNED DEVELOPMENT DISTRICT 260 AND TENTATIVE TRACT MAP 29691 FOR 254 TIMESHARE UNITS AT 961 S. PALM CANYON DRIVE, ZONES W-C-1 AND W-R-3, SECTION 22 AND 23: Jing Yeo, Principal Planner, provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed providing the extension for one-year. 0629 City Council Minutes February 16,2005 Page 10 ACTION: Adopt Resolution No. 21207 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A TIME EXTENSION FOR THE STAR CANYON RESORT, CASE NO. 5.0830-PD, PLANNED DEVELOPMENT DISTRICT 260 (PD- 260) AND TENTATIVE TRACT MAP 29691 (TTM 29691) FROM JANUARY 30, 2005 TO JANUARY 30, 2006 LOCATED AT 961 SOUTH PALM CANYON DRIVE, ZONES W-C-1 AND W-R-3, SECTIONS 22 AND 23;" as amended by granting the extension for one-year. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Mills and carried on a roll call vote. AYES: Councilmember Mills, Mayor Pro Tern McCulloch, and Mayor Oden. NOES: Councilmember Foat and Councilmember Pougnet. 2.G. RESIGNATION OF SHEVLIN RUSH FROM THE HISTORIC SITE PRESERVATION BOARD: City Clerk Thompson provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed alternative forms of advertising the vacancy. ACTION: 1) Accept with regret the resignation of Shevlin Rush from the Historic Site Preservation Board; and 2) Direct the City Clerk to Post a Notice of Vacancy and advertise on PSCTV. Motion Councilmember Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.1. SPONSORSHIP OF THE "EYES WIDE OPEN' EVENT ON SUNDAY, MARCH 13, 2005: Scott Mikesell, Director of Parks and Recreation and Councilmember Foat provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed aspects of the event, waiving the normal park use fee, identifying funds for the cost of display tent rental fee and staff services, and conflict of scheduling with other events. MOTION: Deny the request. Motion Councilmember Mills. Motion died for lack of a second. No action was taken by the City Council. 2.K. AMENDMENT FOR CONSTRUCTION MANAGEMENT SERVICES RELATING TO THE PASSENGER SCREENING CHECKPOINT AND HOLDROOM MODIFICATIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: Approve Minute Order No. 7634 Amendment 1 to A4998 with Parsons Transportation Group Inc for construction management services @;�0130 City Council Minutes February 16,2005 Page 11 relating to the passenger screening checkpoint and holdroom modifications at the Palm Springs International Airport in an additional amount of $277,652. Total $1,217,733. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 2.L. EXTENDING THE AGREEMENT FOR THE DRIVING UNDER THE INFLUENCE ENFORCEMENT GRANT: Gary Jeandron, Police Chief provided background information as outlined in the staff report dated February 16, 2005. ACTION: Approve Minute Order No. 7635 Amendment 1 to A4671 extending the agreement to March 31, 2006 for the Driving Under the Influence Enforcement grant from Office of Traffic Safety. A4671. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.0. DECLARING AS SURPLUS 26 DORMANT ACCOUNTS HELD IN THE TRUST AND AGENCY FUND: Thomas Kanarr, Director of Finance provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed specifics of the claim process. ACTION: Adopt Resolution No. 21209 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING 26 DORMANT DEPOSITS IN THE CITY'S TRUST AND AGENCY FUND AS SURPLUS, ESTABLISHING PROCEDURES FOR CLAIMING SAID DEPOSITS AND AUTHORIZING THE TRANSFER TO THE CITY'S GENERAL FUND OF ANY ACCOUNTS REMAINING UNCLAIMED AFTER THE EXPIRATION OF THE CLAIM PERIOD." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 2.P. AUTHORIZING THE SALE OF VEHICLE LICENSE FEE (VFL) GAP LOAN TO CALIFORNIA DEVELOPMENT AUTHORITY: Thomas Kanarr, Director of Finance provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed the balance and safety of waiting for the State to pay the VFL vs. selling the loan immediately for instant proceeds. ACTION: Adopt Resolution No. 21210 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND 0031. City Council Minutes February 16,2005 Page 12 AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;" authorizing the sale of Vehicle License Fee (VFL) Gap Loan of $746,070 to California Development Authority for an amount not less than $671,000. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 2.U. AMENDMENT TO AGREEMENT NO. 4043 WITH AIRPORT DISPLAYS, LTD., FOR ADVERTISING SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT: City Manager Ready provided background information as outlined in the staff report dated February 15, 2005. He stated that additional signing such as "Welcome to the Palm Springs Airport" would be addressed by staff outside of this contract. Mayor Oden requested staff return to the City Council with a Local Preference program and costs. ACTION: Approve Minute Order No. 7636 approving amendment No. 2 to Agreement No. 4043 with Airport Displays, Ltd., in a form acceptable to the City Attorney, extending the contract term for advertising services at the Palm Springs International Airport. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 2.Vr. AMENDMENT TO THE AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS FOR PLANNING AND ENVIRONMENTAL SUPPORT SERVICES: Assistant City Manager Butzlaff provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed Code Review not included in the contract until a new Planning Director is on-board; and the status of current vacancies in the Department. ACTION: 1) Approve Minute Order 7637 Amendment No. 1 to Agreement No. 5005 the Consultant Services Agreement with Pacific Municipal Consultants for Planning and Environmental Support Services for additional contract planning and environmental services; and 2) Adopt Resolution No. 21216 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR. A5005. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A„ AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN: Uu 32 City Council Minutes February 16,2005 Page 13 City Manager Ready provided background information as outlined in the staff report dated February 16, 2005. The City Council discussed the reduction in services caused by the reduction in the Library and Police Department staffing. Councilmember Pougnet requested additional information be provided by the City Manager and staff for the next budget including: participation in retirement programs, capping retiree health insurance, participation in employee health plans, police take-home car policy, library outsourcing and police activity outsourcing. ACTION: Adopt Resolution No. 21217, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 20974;" as amended in Section 3 by adding back the .50 FTE Library Assistant and adding back the 1.0 FTE Community Services Coordinator; and Section 4 unfreeze the 2.0 FTE Police Officer positions. Motion Councilmember Foat, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 3.13. PROPOSED ORDINANCE MODIFYING THE COMMENCEMENT OF REGULAR CITY COUNCIL MEETINGS: City Clerk Thompson provided background information as outlined in the staff report dated February 16, 2005. ACTION: Introduce on first reading Ordinance No. 1665, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.04.010 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE TIME FOR COMMENCEMENT OF REGULAR MEETINGS OF THE CITY COUNCIL." Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. REQUEST FROM COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT TO FUND A RESPONSIVE ABATEMENT PROGRAM FOR THE RED IMPORTED FIRE ANT AT A COST OF $36,100. PER YEAR: Assistant City Manager Butzlaff provided background information as outlined in the staff report dated February 16, 2005. City Council Minutes February 16,2005 Page 14 ACTION: Not to fund the Coachella Valley Mosquito and Vector Control Red Imported Fire Ant program. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Mills and unanimously carried. 5.13. ADOPTION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 2005-01, EXPANSION TERMINAL/HOLDROOMS, ADD CHECKPOINT PHASE 3 AT THE PALM SPRINGS INTERNATIONAL AIRPORT: City Manager Ready provided background information as outlined in the staff report dated February 16, 2005. ACTION: 1) Approve Minute Order No. 7638 adopting the plans and specifications for Project No. 2005-01, Expansion Term inal/H old rooms — Add Security Checkpoint Phase 3; and 2) Direct staff to proceed with the solicitation of bids. Motion Mayor Pro Tern McCulloch, seconded by Councilmember Pougnet and unanimously carried. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet provided an update on the sub-committee activity on the City's draft vision statement. ADJOURNMENT: The City Council adjourned at 10:49 P.M. to a City Council Study Session and Adjourned Regular Meeting at 7:00 P.M., Wednesday, February 23, 2005, City Hall Council Chamber, preceded by a Closed Session at 5:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS DAY OF , 2005. Mayor Attest: City Clerk 0034 PALM SPRINGS CITY COUNCIL STUDY SESSION AND ADJOURNED REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 23, 2005 COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 7:01 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, Assistant City Manager Butzlaff, City Attorney Holland, City Clerk Thompson, City Treasurer Kanarr. APPROVAL OF THE AGENDA: ACTION: Approve the Agenda as presented. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:30 P.M. Mayor Oden called the meeting to order. On a Motion by Councilmember Pougnet, seconded by Councilmember Mills and a unanimous vote, the City Council made the finding that an additional Closed Session Item came to the attention of the City after the posting of the Agenda, and an immediate need to discuss the item; then added one Item to the Closed Session Agenda under Government Code Section 54956.9(b): One Case of Anticipated Litigation. The City Council then 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: VIC GAINER, Palm Springs, commented on the upcoming March 8, 2005 Special Election; stated his support for Measure B and opposition to Measure C. DANA STEWART, Palm Springs, commented on time and procedure changes for the City Council and the Planning Commission. CHERYL RODBERG, Palm Springs, complemented the City Council for their hard work and dedication; spoke against recent 'name calling' in the community. KATHI JACOBS, Director Government Community Relations, Time Warner Cable, spoke regarding Item 2.C. and the role of the contractor in the assessment; requested the City Council hire a contractor in conjunction with Time Warner. FRANK GAYDOS, Palm Springs, spoke regarding Item 1.A., made a request for information regarding the Big Horn Sheep, Shuttle use on Tramway Road. Stated his support for Measure B and opposition to Measure C. OC 35 City Council Minutes February 23,2005 Page 2 CAROLE SUKMAN, Palm Springs, stated the funding for the Mayor's State of the City Address was provided by Contempo Homes who does business with the City, a conflict of interest.. SHELLY SAUNDERS, Palm Springs, commented on a recent article in the Desert Sun; stated her opposition to Measure B and support of Measure C. ILONA ARSON], Palm Springs, requested the City protect the mountains, fauna and flora; stated her support for Measure B, and opposition to Measure C. ROBIN BURNS, Classic Cab, commented on Item I.C. Taxi Cab Regulation, stated she has spent over $80,000 on regulations in the last 5-years. She stated the current regulator has a conflict of interest and shares in the profits. SERGIO SANTO, commented on Item 1.C. Taxi Cab Regulation, stated SunLine is more concerned with making a profit then regulating the industry. He recommended self-regulation of the Taxi Cab Industry. MITCH SPIKE, Vice-President Palm Springs Police Officers Association, thanked the City Council for un-freezing the Police Officers in the Budget and stated his opposition to Measure B. DENNIS CUNNINGHAM, commented on Measure B on the upcoming special election ballot and possible lawsuits; stated his opposition to Measure B. STEVE NICHOLS, Palm Springs, stated the Initiative process is an incorrect way to plan land use; stated his opposition to Measure B. ROXANN PLOSS, Palm Springs, stated she has a friend with a business downtown who will be closing; stated her support for Measure B and support of Measure C. ERNEST VINCENT, Palm Springs, stated his concerns and opposition to Measure B. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Pro Tern McCulloch commented on the Mayor's State of the City Address not aired on PSCTV Channel 17. Councilmember Foat commented on Steve Nichols and the Historical Society for the wonderful event at the Plaza Theatre. CITY MANAGER'S REPORT: No Report. 1. STUDY SESSION: 1.A. DEANNEXATION REQUEST — MOUNT SAN JACINTO WINTER PARK AUTHORITY PALM SPRINGS AERIAL TRAMWAY: C)G,36 City Council Minutes February 23,2005 Page 3 Rob Parkins, President and General Manager, Mount San Jacinto Palm Springs Winter Park Authority, provide background information regarding the request as outlined in his letter to the City Manager dated January 25, 2005. The City Council discussed the actions and requirements of the Board as outlined in the Letter to the City Manager, the parking structure development, other development plans at the top of the Tram, and the marketing benefits to the City, the effect of Measure B on the Tram. No action taken. 1.B. DEMOGRAPHIC ANALYSIS OF DOWNTOWN MARKET AREA -- BUXTON STUDY: John Raymond, Director of Community and Economic Development provided background information. Matt Montgomery, Territory Business Manager, Buxton Company, provided background information on the Community ID Program as outlined in a Power Point presentation. The City Council discussed the initial letter and a follow-up plan to the letters that were sent, profiling the lifestyles for same-sex households, profile charts, year-round residents vs. second home owners, cost vs. value of the home and the factors of the types of consumers, how Buxton complied the information, 15-minute drive time factor. No action taken. The City Council recessed at 8:39 P.M. The City Council reconvened at 8:50 P.M. I.C. TAXI CAB REGULATION: Request from CVAG with respect to Valley-wide Taxi Regulation. City Manager Ready provided background information on the different Taxi Regulation alternatives. Sergio M. Santo, President, Coachella Valley Taxi Owners Association, outlined the proposal he presented to City Council. Mr. Santos stated there are errors in the report, and CVAG regulates taxicabs through SunLine, and the tremendous growth in the number of cabs without new ridership; problems associated with the purchase and sale of CNV vehicles. He stated that the C.V.T.O.A is against regulation by SunLine. He presented the C.V.T.O.A. model for self-regulation. ACTION: Direct staff to prepare a resolution and return to the City Council which will notify CVAG of the City's intent to support CVAG regulation of Taxi Operators as a regional issue and requesting CVAG place this item on the CVAG Agenda. By consensus of the City Council. t,C37 City Council Minutes February 23,2005 Page 4 1.01. IDENTIFICATION OF FUTURE STUDY SESSION TOPICS: City Manager Ready presented a list of topics for future Study Session Items. 3/9 Salton Sea Authority Restoration 'Plan Presentation, 3/9 Property-Owners of Riverside County — Multi-Species Habitat Conservation Plan Presentation, 3/23 Fiscal Impact Study — Fire Department, 3/23 Five-minute Fire Response Requirement, 3/23 CDBG Consolidated Plan, 4/13 Palm Springs Desert Resorts Convention and Visitors Authority Marketing Study. Not scheduled at this time are the Animal Shelter and Discussion of Green Building, with direction for the City Manager to schedule as appropriate. ADJOURNED REGULAR MEETING 2. CONSENT CALENDAR: Mayor Oden requested Item 2.C. be removed from the Consent Calendar for separate discussion. ACTION: Approve Items 2.A., and B. Motion Mayor Pro Tem McCulloch, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file. Approved as part of the Consent Calendar. 2.13. PROPOSED AMENDMENT 1 TO PALM DRIVE AND GENE AUTRY TRAIL, INTERSTATE 10 REIMBURSEMENT AGREEMENT: ACTION: Approve Minute Order No. 7639 authorizing Amendment 1 to Agreement No. 4195 with Riverside County, Coachella Valley Association of Government, and City of Desert Hot Springs, a reimbursement agreement for right-of-way, construction and construction management for the Palm Drive/Gene Autry Trail, Interstate 10 interchange, obligating an additional $16,652,767. A4195. Approved as part of the Consent Calendar. 2.C. CONTRACT WITH BUSKE GROUP FOR CABLE CONSULTING RELATED SERVICES RELATING TO THE RENEWAL OF THE CABLE FRANCHISE WITH TIME WARNER CABLE: Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.C. CONTRACT WITH BUSKE GROUP FOR CABLE CONSULTING RELATED SERVICES RELATING TO THE RENEWAL OF THE CABLE FRANCHISE WITH TIME WARNER CABLE: City Council Minutes February 23,2005 Page 5 Assistant City Manager Butzlaff provided background information as outlined in the staff report dated February 23, 2005. MOTION: 1) Approve Minute Order authorizing the City Attorney to prepare a Contract Services Agreement with Buske Group in an amount not-to-exceed $54,745 for cable television consulting services related to the renewal of the cable television franchise granted to Time Warner Cable, approving the agreement; and 3) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR." A5043. Motion Councilmember Foat, seconded by Mayor Oden and failed on a roll call vote. AYES: Councilmember Foat and Mayor Oden. NOES: Councilmember Mills, Councilmember Pougnet and Mayor Pro Tern McCulloch. ACTION: 1) Direct staff to meet with representatives from Time Warner Cable with a goal of receiving alternatives and concurrence with respect to a consultant; and 2) Direct staff to return this Item to the City Council in approximately two-weeks. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCIL.MEMBER COMMENTS AND REPORTS: Councilmember Pougnet announced the Downtown Workshop on Thursday, February 24, 2005. Councilmember Foat announced the Mizell Senior Center Roundtable Workshop on Saturday, February 26, 2005 on "Valley Fever;" also the Black History Month Parade on Saturday, February 26, 2005. Mayor Pro Tern McCulloch commented on the Air Museum Gala and the status of the recent agreement between the City and the Museum. Mayor Oden outlined the recent activities of the Mayor's Office and announced the Black History Month Parade on Saturday, February 26, 2005; Chamber of Commerce and Desert Sun Forum regarding Measures B and C on Tuesday, March 1, 2005 at City Council Chamber. �,�61 39 City Council Minutes February 23,2005 Page 6 ADJOURNMENT: The City Council adjourned at 9:44 P.M. to a City Council Regular Meeting at 7:00 P.M., Wednesday, March 2, 2005, City Hall Council Chamber, preceded by a Closed Session at 5:30 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. ND APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2 DAY OF MARCH, 2005. Mayor Attest: City Clerk ,004C