HomeMy WebLinkAbout2/2/2005 - STAFF REPORTS (3) DATE: February 2, 2005
TO: Community Redevelopment Agency
FROM: City Clerk/Assistant Agency Secretary
DESIGNATION OF THE `GOVERNMENTAL REPRESENTATIVE' TO THE
SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION
RECOMMENDATION:
Designate the "Governmental Representative" to the Santiago Sunrise Village Mobile
Home Park Corporation.
BACKGROUND:
In 2001, the Santiago Sunrise Village Mobile Home Park Corporation was created to
lessen governmental burdens by providing assistance to the City of Palm Springs and
the Palm Springs Redevelopment Agency in efforts to promote economic development
and eliminate blight within the City; along with increasing the availability of low and
moderate income housing.
The Santiago Sunrise Village Mobile Home Park is a nonprofit public benefit corporation
and is not affiliated with the City of Palm Springs or the Palm Springs Community
Redevelopment Agency. However, in May 2004, the Palm Springs Community
Redevelopment Agency did approve a `Disposition and Development Agreement' with
the Park's prior owners and the nonprofit; and in October 2004, the City Council
approved a conduit bond issue on the behalf of the nonprofit to allow them to purchase
the park.
Pursuant to Bylaws of the Santiago Sunrise Village Mobile Home Park Corporation, the
Palm Springs Redevelopment Agency shall have a "Governmental Representative"
serve as a NON-voting member of the Board of Directors. The Governmental
Representative shall be appointed by the Palm Springs Redevelopment Agency.
The Bylaws do not require the "Governmental Representative" to be a Redevelopment
Agency member, but can be another individual such as staff.
Staff recommends the Palm Springs Redevelopment Agency designate an Agency
Member or a Staff Member as the "Governmental Representative."
�Od es Thompson Try utzlaiMaa
ty Clerk Acti )City r
Law Offices of
MARLA MERHAB ROBINSON
A PROFESSIONAL CORPORATION
Telephone:
Marla Merhab Robinson Tustin Centre (714) 972-2333
John R. Marshall, III 1551 North Tustin Avenue, Suite 910 Facsimile:
Rosemary Amezcua-Moll Santa Ana, California 92705-8639 (714) 972-2296
January 10, 2005
TO: Mr. John Raymond
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
FROM: Marla Merhab Robinson, Esq.
RE: Santiago Sunrise Village Mobile Home Park
Corporation ("Sunrise")
ENCLOSURE: A copy of the By-Laws, as amended, of Sunrise to
assist in the selection of the Agency
Administrator
For your information and file ❑ In accordance with your request
❑��, For your review and approval ❑ Please review and call me to
discuss
❑ Please sign and return original ❑ Pursuant to our telephone
to me ASAP conversation
❑ Please file Original and return ❑ Hard copy of document FAXED to you
one conformed copy in the envelope earlier today
provided
❑ Thank you for signing and If you have any questions, please
returning the retainer agreement. A Qt not hesitate to call
conformed copy is enclosed for your
records
❑ Other:
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BYLAWS OF
I
SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION
TABLE OF CONTENTS
Page
ARTICLE I --NAME AND CORPORATE OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 NAME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
1.2 PRINCIPAL OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 OTHER OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.4 PURPOSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II--DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE III-DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.1 GENERAL POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.2 SPECIFIC POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.3 NUMBER OF DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.4 RESTRICTIONS ON INTERESTED PERSONS AS DIRECTORS . . . . . . . . . . . 6
3.5 ELECTION AND TERM OF OFFICE OF DIRECTORS . . . . . . . . . . . . . . . . . 6
3.6 RESIGNATION AND VACANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.7 PLACE OF MEETINGS• MEETINGS BY TELEPHONE . . . . . . . . . . . . . . . . . 7
3.8 REGULAR MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.9 SPECIAL MEETINGS• NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.10 QUORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.11 WAIVER OF NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.12 ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3.13 NOTICE OF ADJOURNED MEETING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3.14 ACTION BY WRITTEN CONSENT WITHOUT A MEETING . . . . . . . . . . . . . 9
3.15 FEES AND COMPENSATION OF DIRECTORS AND REIMBURSEMENT . . . . 9
ARTICLE IV--COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.1 COMMITTEES OF DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.2 MEETINGS AND ACTION OF COMMITTEES . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE V--OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.1 OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.2 ELECTION OR APPOINTMENT OF OFFICERS . . . . . . . . . . . . . . . . . . . . 11
5.3 SUBORDINATE OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.4 REMOVAL AND RESIGNATION OF OFFICERS . . . . . . . . . . . . . . . . . . . . 11
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5.5 VACANCIES IN OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.6 , CHAIRMAN OF THE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.7 PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ,
5.8 VICE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.9 SECRETARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.10 CHIEF FINANCIAL OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.11 DEPOSIT AND DISBURSEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.12 BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE VI--INDEMNIFICATION OF DIRECTORS. OFFICERS EMPLOYEES
AND OTHER AGENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.1 INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.2 APPROVAL OF INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.3 PAYMENT OF EXPENSES IN ADVANCE . . . . . . . . . . . . . . . . . . . . . . . . 14
6A INSURANCE INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.5 AMENDMENT, REPEAL OR MODIFICATION . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE VU--RECORDS AND REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7.1 RECORDS: INSPECTION BY DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . 14
7.2 ANNUAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7.3 ANNUAL STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7.4 REPORTS TO SECRETARY OF STATE . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE VIII-PROVISIONS REGARDING FHA FINANCING................................16
ARTICLE IX--GENERAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9.1 CHECKS: DRAFTS: EVIDENCES OF INDEBTEDNESS . . . . . . . . . . . . . . . 20
9.2 CORPORATE CONTRACTS AND INSTRUMENTS: HOW EXECUTED . . . . 20
9.3 CONSTRUCTION: DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE X --AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10.1 AMENDMENT BY DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10.2 RECORD OF AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE XI--INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11.1 AMENDMENTS TO LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECRETARY'S CERTIFICATE OF ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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BYLAWS
OF
SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION
ARTICLE I
NAME AND CORPORATE OFFICES
1.1 NAME
The name of this corporation is the Santiago Sunrise Village Mobile Home Park
Corporation (the "Corporation").
1.2 PRINCIPAL OFFICE
The principal office for the transaction of the activities and affairs of the Corporation(the
"Principal Office")shall be 1551 N. Tustin Avenue, Suite 910, Santa Ana, California 92705. The
Board may change the Principal Office from one location to another. Any change of location of
the Principal Office shall be noted by the Secretary on these Bylaws opposite this section or this
section may be amended to state the new location.
1.3 OTHER OFFICES
The Board may at any time establish branch or subordinate offices at any place or places
where the Corporation is qualified to conduct its activities.
1.4 PURPOSES
A. This Corporation is a nonprofit public benefit corporation and is not organized for
the private gain of any person. It is organized for public purposes within the meaning of the
Nonprofit Public Benefit Corporation Law (codified at California Corporations Code Sections
5110 et M.), as amended from time to time, and is organized and operated exclusively for
charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of
1986, as amended, or the corresponding provisions of any subsequent federal tax laws (the
"Code").
B. The specific purpose of this Corporation is to lessen governmental burdens by
providing assistance to the City of Palm Springs and the Palm Springs Redevelopment Agency in
their efforts to promote economic development and eliminate blighting conditions within such
City including, but not limited to, assuming the ownership and operation of certain mobile home
parks within the City of Palm Springs in order to increase the availability of low and moderate
income housing but only to the extent that such purposes constitute exclusively charitable,
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scientific and educational purposes within the meaning of sections 501(c)(3), 170(c)(2)(B),
2055(a)(2) and 2522(a)(2) of the Code.
C. In its exercise of the above purpose, the Corporation shall have the following
powers, subject to those limitations set forth in these Bylaws:
(1) To own and operate the Park;
(2) To enter into, perform and carry out contracts of any kind necessary to, or
in connection with, or incidental to, the accomplishment of the purposes of the
Corporation;
(3) To borrow money and to issue evidences of indebtedness and to secure the
same in furtherance of any or all of the purposes of the Corporation;
(4) To receive and maintain a fund or funds, real or personal property, or both,
and, subject to the restrictions and limitations hereinafter set forth, to use and apply the
whole or any part of the income therefrom and the principal thereof exclusively for
charitable, religious, scientific, literary or educational purposes either directly or by
contributions to organizations that qualify as exempt organizations under Section 501(c)(3)
of the Code and its Regulations as they now exist or as they may hereafter be amended;
and
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(5) The Corporation shall have the power to do and perform all things
whatsoever set out in this Article I and necessary or incidental to the accomplishment of
said purposes;
provided, however, that notwithstanding any provisions of these Bylaws, the Corporation shall
not conduct or carry on any activities not permitted to be conducted or carried on by an
organization exempt from federal taxation under Section 501(c)(3) of the Code or by an
organization, contributions to which are deductible under Section 170(c)(2) of the Code.
ARTICLE 11
DEFINITIONS
Whenever used in these Bylaws, the following terms shall mean:
2.0 "Agency Administrator" shall mean an individual designated by a bond issuer or
other governmental agency.
2.1 "Articles" shall mean and refer to the Articles of Incorporation of the Corporation.
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2.2 "Board" or "Board of Directors" shall mean and refer to the governing body of the
Corporation.
2.3 "Bond Documents" shall mean and refer to each trust indenture by and between an
issuer and a corporate trustee and the Corporation, each loan agreement by and between the issuer
and the corporation, or any other similar loan agreements or financing documents with respect to
any public or private financing whether obtained through the issuance of municipal bonds, notes,
loans or any other form of indebtedness, whether secured or unsecured by the Park or other assets
of the Corporation, that may be outstanding from time to time to finance or refinance, in whole
or in part, all or any portion of the Park including all improvements, betterments and additions
thereto, and to finance or refinance the working capital requirements of the Corporation.
2.4 "Bylaws" shall mean and refer to the Bylaws of the Corporation as amended from
time-to-time.
2.5 "Code" shall mean and refer to the Internal Revenue Code of 1986, as amended.
2.6 "Corporate Member" shall mean and refer to the California Mobile Home Park
Corporation, a California Nonprofit Corporation.
2.7 "Corporation" shall mean and refer to Santiago Sunrise Village Mobile Home Park
Corporation.
2.8 "Director" shall mean and refer to a person who holds a seat on the Board of
Directors.
2.9 "Governmental Representative" shall mean either an Agency Administrator or such
other individual whether elected or appointed, of the Palm Springs Redevelopment Agency who
has been appointed by the Palm Springs Redevelopment Agency to serve on the Board as its
representative in accordance with Section 3.1 and 3.3 hereof.
2.10 "Mobilehome Unit" means a housing unit, the construction of which is subject to
the provisions of Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety
Code which is located on a Space within the Park.
2.11 "Owner" shall mean and refer to a holder of a certificate of title or registration
certificate of a Mobilehome Unit located in the Park. This definition shall include: (i) any Person
having a certificate of title or registration certificate to any Mobilehome Unit; or, (ii) any Person
who is in possession of a Mobilehome Unit owned by a governmental agency or a qualified
Community Housing Development Organization when that Person is not a tenant-at-will or tenant
for a specified term but is a participant in a "rent-to-own" program conducted by either of said
entities and occupies the Mobilehome Unit pursuant to a lease with option to purchase, lease-
purchase, installment sales agreement or other such agreement. This definition shall exclude any
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Person having an interest in a Mobilehome Unit merely as security of the performance of an
obligation.
2.12 "Park" shall mean and refer to that certain mobilehome community commonly
known as the Santiago Sunrise Village which is comprised of 176 Spaces and which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference
including all structures and improvements erected or to be erected thereon and excluding
therefrom the Mobilehome Units situated therein.
2.13 "Person" shall mean and refer to a natural person, a corporation, a partnership, a
trustee or other legal entity.
2.14 "Principal Office" shall mean and refer to the primary office for the transaction of
the activities and affairs of the Corporation.
2.15 "Principal Place of Residence" shall mean and refer to the location or residential
address where a person intends such location or residential address to be the situs of their actual
residency for a majority of the days of any year as shall be further evidenced by voter registration
records or other official governmental documents.
2.16 "Rental or Lease Agreement" shall mean and refer to a contract by and between the
Park, or the Corporation on behalf of the Park, and a Resident authorizing the exclusive use and
occupancy of a Space to such Resident. A Rental or Lease Agreement may be in oral or written
form and may be based on month-to-month occupancy or for a specified period of time.
2.17 "Rules and Regulations" shall mean and refer to those certain Rules and Regulations
and amendments thereto adopted from time-to-time by the Board which Rules and Regulations
shall be applicable to all Residents residing in the Park subject to applicable State laws.
2.18 "Spaces" shall mean and refer to the 176 Mobilehome Unit rental Spaces located
within the Park.
Wherever in these Bylaws the context may so require, the singular and plural and the
masculine, feminine and neuter gender shall each refer to and include the other.
ARTICLE III
DIRECTORS
3.1 GENERAL POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corporation Law and
any other applicable laws and to any limitations in the Articles of Incorporation and these Bylaws,
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the business and affairs of the Corporation shall be managed and all corporate powers shall be
exercised by or under direction of the Board of Directors (the "Board"). The Board may delegate
the management of the day-to-day operation of the business of the Corporation to a management
company or other person provided that the business and affairs of the Corporation shall be
managed and all corporate powers shall be exercised under the ultimate direction of the Board.
The Government Representative shall be a non-voting member of the Board.
3.2 SPECIFIC POWERS
Without prejudice to the general powers set forth in Section 3.1 of these Bylaws, but
subject to the same limitations, the Directors of the Corporation shall have the power to:
(a) Appoint and remove at the pleasure of the Board, all of the Corporation's
officers, agents and employees; prescribe powers and duties for them that are consistent
with the law, with the Articles of Incorporation and with these Bylaws; and fix their
compensation and require from them security for faithful performance of their duties.
(b) Change the Principal Office or principal place of business office in
California from one location to another.
(c) Assume obligations, enter into contracts, borrow money and incur
indebtedness on behalf of the Corporation and cause to be executed and delivered for the
} corporate purposes, in the corporate name, promissory notes,bonds, debentures, deeds of
trust, mortgages, pledges, hypothecation, and other evidences of debt and securities.
(d) Acquire, mortgage, encumber, hold title to, pledge, sell, release, or
otherwise dispose of real or personal property and interests therein when and upon such
terms as the Board determines to be in the best interest of the Corporation.
(e) Facilitate any merger, consolidation, liquidation, plan of exchange,
acquisition of stock, or the reorganization or transfer of a substantial portion of the assets
of the Corporation.
(f) Amend the Articles of Incorporation or these Bylaws.
(g) Adopt operating and capital budgets and authorize expenditures outside of
such budgets.
(h) Approve and amend the Corporation's business and strategic plans.
(i) Create corporate subsidiaries and/or establish corporate joint ventures.
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(j) Acquire shares of or any interest in any corporation or other legal entity or
business enterprise, or create any partnership or other legal entity which the Corporation
is or will be a partner, shareholder or member of similar participant.
(k) Change or reorganize the Corporation into any other legal form.
(1) Establish or participate in any noncorporate joint venture.
Exercise of any or all of the above powers by the Board is subject to its limitation to enter
into any action that would adversely affect the tax-exempt status of the Corporation.
3.3 NUMBER OF DIRECTORS
The authorized number of Directors of the Corporation shall be not less than four (4) nor
more than seven (7), with the exact number of Directors to be fixed, within the limits specified,
by approval of the Board in the manner provided in the Bylaws. At all times throughout the
existence of the Corporation and unless otherwise changed by amendment to these Bylaws, the
Governmental Representative must be designated as one of the Directors of the Corporation. No
reduction of the authorized number of Directors shall have the effect of removing any Director
before that Director's term of office expires.
3.4 RESTRICTIONS ON INTERESTED PERSONS AS DIRECTORS
No more than forty-nine percent (49%) of the persons serving on the Board may be
interested persons. An interested person is (a) any person compensated by the Corporation for
services rendered to it within the previous twelve (12) months, whether a full-time or part-time
employee, independent contractor, or otherwise, excluding any compensation paid to a Director
as Director; and (b) any brother, sister, ancestor, descendent, spouse, brother-in-law, sister-in-
law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of
the provisions of this paragraph shall not affect the validity or enforceability of any transaction
entered into by the Corporation.
3.5 ELECTION AND TERM OF OFFICE OF DIRECTORS
At each annual meeting of the Corporate Member, the Directors of this Corporation, other
than the seat held by the Governmental Representative pursuant to Section 3.3 hereof, shall be
elected by the Board of Directors of the Corporate Member to hold office until the next annual
meeting. Each elected Director, including a Director elected to fill a vacancy, shall hold office
until the expiration of the term for which elected and until a successor has been elected and
qualified, except in the case of the death, resignation, or removal of such a Director. Any
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Director not elected at an annual meeting may be elected at a special meeting held for that purpose
or by written ballot. Any Director elected as provided in the foregoing sentence shall hold office
until the next annual meeting or until a successor has been elected and qualified.
3.6 RESIGNATION AND VACANCIES
Any Director may resign effective upon giving oral or written notice to the Chairman of
the Board, the President, the Secretary or the Board, unless the notice specifies a later time for
the effectiveness of such resignation. If the resignation of a Director is effective at a future time,
the Board may elect a successor to take office when the resignation becomes effective. Except
on notice to the Attorney General of the State of California, no Director may resign if the
Corporation would be left without a duly elected Director or Directors.
Vacancies on the Board may be filled by a majority of the remaining Directors, or if the
number of Directors then in office is less than a quorum by: (i)unanimous written consent of the
Directors then in office; (ii) the affirmative vote of a majority of the Directors then in office at
a meeting held pursuant to notice or waivers of notice; or, (iii) a sole remaining Director. Each
Director so elected shall hold office until the next annual meeting of the Board and until a
successor has been elected and qualified, or until his or her death, resignation or removal.
A vacancy or vacancies in the Board shall be deemed to exist: (i) in the event of the death,
resignation or removal of any Director; (ii) if the Board by resolution declares vacant the office
of a Director who has been declared of unsound mind by an order of court or convicted of a
felony; or, (iii) if the authorized number of Directors is increased.
3.7 PLACE OF MEETINGS; MEETINGS BY TELEPHONE
Regular meetings of the Board may be held at any place within or outside the State of
California which has been designated from time to time by resolution of the Board. In the absence
of such a designation, regular meetings shall be held at the Principal Office of the Corporation.
Special meetings of the Board may be held at any place within or outside the State of California
which has been designated in the notice of the meeting or, if not stated in the notice or if there is
no notice, at the Principal Office of the Corporation.
Members of the Board may participate in a meeting through the use of conference
telephone or similar communications equipment, so long as all Directors participating in such
meeting can hear one another. Participation in a meeting pursuant to this paragraph constitutes
presence in person at such meeting.
3.8 REGULAR MEETINGS
Regular meetings of the Board may be held without notice if the time and place of such
meetings are fixed by the Board.
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3.9 SPECIAL MEETINGS: NOTICE
Subject to the provisions of the following paragraph, special meetings of the Board for any
purpose or purposes may be called at any time by any two (2) Directors, the President, Vice
President or the Secretary.
Notice of the time and place of special meetings shall be delivered personally or by
telephone to each Director or sent by first-class mail, telegram, charges prepaid, or by telecopier,
addressed to each Director at that Director's address as it is shown on the records of the
Corporation. If the notice is mailed, it shall be deposited in the United States mail at least four
(4) days before the time of the holding of the meeting. If the notice is delivered personally or by
telephone or by telecopier or telegram, it shall be delivered personally or by telephone or by
telecopier or to the telegraph company at least forty-eight(48)hours before the time of the holding
of the meeting. Any oral notice given personally or by telephone may be communicated either
to the Director or to a person at the office of the Director who the person giving the notice has
reason to believe will promptly communicate it to the Director. The notice need not specify the
purpose of the meeting.
3.10 QUORUM
A majority of the authorized number of Directors shall constitute a quorum for the
transaction of business, except to adjourn as provided in Section 3.12 of these Bylaws. Every act
or decision done or made by a majority of the Directors present at a meeting duly held at which
a quorum is present is the act of the Board, subject to the provisions of the California Nonprofit
Public Benefit Corporation Law, the Articles of Incorporation and other applicable law, including
without limitation, those provisions relating to (i) approval of contracts or transactions in which
a Director has a direct or indirect material financial interest; (ii) approval of certain transactions
between corporations having common Directorships, (iii)creation and appointment of committees;
and (iv) indemnification of Directors.
A meeting at which a quorum is initially present may continue to transact business
notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority
of the required quorum for such meeting.
3.11 WAIVER OF NOTICE
Notice of a meeting need not be given to any Director who signs a waiver of notice or a
consent to holding the meeting or an approval of the minutes thereof, whether before or after the
meeting, or who attends the meeting without protesting the lack of notice to such Director prior
to the meeting or at its commencement. All such waivers, consents, and approvals shall be filed
with the corporate records or made a part of the minutes of the meeting. A waiver of notice need
not specify the purpose of any regular or special meeting of the Board.
061501 8
3.12 ADJOURNMENT
A majority of the Directors present, whether or not a quorum is present, may adjourn any
meeting to another time and place.
3.13 NOTICE OF ADJOURNED MEETING
If a meeting is adjourned for more than twenty-four (24)hours, notice of any adjournment
to another time and place shall be given, prior to the time of the adjourned meeting, to the
Directors who were not present at the time of the adjournment.
3.14 ACTION BY WRITTEN CONSENT WITHOUT A MEETING
Any action required or permitted to be taken by the Board may be taken without a meeting,
if all members of the Board individually or collectively consent in writing to such action. Such
written consent or consents shall be filed with the minutes of the proceedings of the Board. Such
action by written consent shall have the same force and effect as a unanimous vote of the Board.
3.15 FEES AND COMPENSATION OF DIRECTORS AND REIMBURSEMENT
Directors and members of committees may receive compensation for their services and
reimbursement of expenses as may be fixed or determined by resolution of the Board. This
Section 3.15 shall not be construed to preclude any Director from serving the Corporation in any
other capacity as an officer, agent, employee or otherwise and receiving compensation for those
services.
ARTICLE IV
COMMITTEES
4.1 COMMITTEES OF DIRECTORS
The Board may, by resolution adopted by a majority of the authorized number of
Directors, designate one or more committees, each consisting of two (2) or more Directors, to
serve at the pleasure of the Board. The Board may designate one or more Directors as alternate
members of any committee, who may replace any absent member at any meeting of the
committee. The appointment of members or alternate members of a committee requires the vote
of a majority of the authorized number of Directors. Any such committee shall have authority to
act in the manner and to the extent provided in the resolution of the Board and may have all of
the authority of the Board, except with respect to:
(a) The filing of vacancies on the Board or in any committee.
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061501 9
(b) The fixing of compensation of the Directors for serving on the Board or on
any committee.
(c) The amendment or repeal of these Bylaws or the adoption of new Bylaws.
(d) The amendment or repeal of any resolution of the Board which by its
express terms is not so amendable or repealable.
(e) The expending of corporate funds to support a nominee for Director after
more people have been nominated for Director than can be elected;
(f) The creation of any other committees of the Board or the appointment of
members thereof. -
(g) The approval of any contract or transaction to which the Corporation is a
party and in which one or more of its Directors has a material financial interest, except as
special approval is provided for in Section 5233(d)(3)of the California Corporations Code.
4.2 MEETINGS AND ACTION OF COMMITTEES
Meetings and actions of committees shall be governed by, and held and taken in
accordance with, the provisions of Article III of these Bylaws, Section 3.7 (place of meetings),
Section 3.8 (regular meetings), Section 3.9 (special meetings and notice), Section 3.10 (quorum),
Section 3.11 (waiver of notice), Section 3.12 (adjournment), Section 3.13 (notice of adjourned
meetings), and Section 3.14 (action by written consent without a meeting), with such changes in
the context of those Bylaws as are necessary to substitute the committee and its members for the
Board and its members; provided, however, that the time of regular meetings of committees may
be determined either by resolution of the Board or by resolution of the committee, that special
meetings of committees may also be called by resolution of the Board, and that notice of special
meetings of committees shall also be given to all alternate members, who shall have the right to
attend all meetings of the committee. The Board may adopt rules for the government of any
committee not inconsistent with the provisions of these Bylaws.
ARTICLE V
OFFICERS
5.1 OFFICERS
The officers of the Corporation shall be a President, Secretary and Chief Financial Officer.
The Corporation may also have, at the discretion of the Board, a Chairman of the Board, one or
more Vice-Presidents, one or more Assistant Secretaries, one or more Assistant Treasurers or such
other officers as may be appointed in accordance with the provisions of Section 5.2 of these
1
061501 10
Bylaws. Any number of offices maybe held by the same person except that neither the Secretary
nor the Chief Financial Officer may serve concurrently as either President or Chairman of the
Board.
5.2 ELECTION OR APPOINTMENT OF OFFICERS
The officers of the Corporation, except such officers as may be appointed in accordance
with the provisions of Section 5.3 or Section 5.5 of these Bylaws, shall be chosen by the Board
and shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any
contract of employment.
5.3 SUBORDINATE OFFICERS
The Board may appoint, or may empower the Chairman of the Board or the President to
appoint, such other officers as the business of the Corporation may require, each of whom shall
hold office for such period, have such authority, and perform such duties as are provided in these
Bylaws or as the Board may from time to time determine.
5.4 REMOVAL AND RESIGNATION OF OFFICERS
Subject to the rights, if any, of an officer under any contract of employment, all officers
serve at the pleasure of the Board and any officer may be removed, either with or without cause,
I by the Board at any regular or special meeting of the Board or, except in the case of an officer
chosen by the Board, by any officer upon whom such power of removal may be conferred by the
Board.
Any officer may resign at any time by giving written notice to the Corporation. Any
resignation shall take effect at the date of the receipt of that notice or at any later time specified
in that notice; and, unless otherwise specified in that notice, the acceptance of the resignation shall
not be necessary to make it effective. Any resignation is without prejudice to the rights, if any,
of the Corporation under any contract to which the officer is a party.
5.5 VACANCIES IN OFFICES
A vacancy in any office because of death, resignation, removal, disqualification or any
other cause shall be filled in the manner prescribed in these Bylaws for regular appointments to
that office.
5.6 CHAIRMAN OF THE BOARD
The Chairman of the Board, if such an officer be elected, shall, if present, preside at
meetings of the Board and exercise and perform such other powers and duties as may from time
to time be assigned by the Board or as may be prescribed by these Bylaws. If there is no
061501 11
President, then the Chairman of the Board shall also be the chief executive officer of the
Corporation and shall have the powers and duties prescribed in Section 5.7 of these Bylaws.
5.7 PRESIDENT
Subject to such supervisory powers, if any, as may be given by the Board to the Chairman
of the Board, if there be such an officer, the President shall be the Chief Executive Officer of the
Corporation and shall, subject to the control of the Board,have general supervision,direction, and
control of the business and the officers of the Corporation. The President shall preside, in the
absence or nonexistence of a Chairman of the Board, at all meetings of the Board. The President
shall have the general powers and duties of management usually vested in the office of President
of a corporation, and shall have such other powers and duties as may be prescribed by the Board
or these Bylaws.
5.8 VICE PRESIDENT
In the absence or disability of the President, the Vice President, if any, shall perform all
the duties of the President and when so acting shall have all the powers of, and be subject to all
the restrictions upon, the President. The Vice Presidents shall have such other powers and
perform such other duties as from time to time may be prescribed for them respectively by the
Board, these Bylaws, the President or the Chairman of the Board.
5.9 SECRETARY
The Secretary, or Assistant Secretary if such officer is so appointed, shall keep or cause
to be kept, at the Principal Office of the Corporation or such other place as the Board may direct,
a book of minutes of all meetings and actions of Directors and committees of Directors. The
minutes shall show the time and place of each meeting, whether regular or special (and, if special,
how authorized and the notice given), the names of those present at Directors' meetings or
committee meetings, and the proceedings thereof.
The Secretary or Assistant Secretary shall give, or cause to be given, notice of all meetings
of the Board required to be given by law or by these Bylaws. The Secretary or Assistant Secretary
shall keep the seal of the Corporation, if one be adopted, in safe custody and shall have such other
powers and perform such other duties as may be prescribed by the Board or by these Bylaws.
5.10 CHIEF FINANCIAL OFFICER
The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained,
adequate and correct books and records of accounts of the properties and business transactions of
the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses,
capital and retained earnings. The Chief Financial Officer shall send or cause to be given to the
Directors such financial statements and reports as are required to be given by law, by these
1
061501 12
1 Bylaws, or by the Board. The books of account shall at all reasonable times be open to inspection
by any Director.
The Chief Financial Officer shall deposit all money and other valuables in the name and
to the credit of the Corporation with such depositories as may be designated by the Board. The
Chief Financial Officer shall disburse the funds of the Corporation as may be ordered by the
Board, shall render to the President and Directors, whenever they request it, an account of all of
his or her transactions as Chief Financial Officer and of the financial condition of the Corporation,
and shall have such other powers and perform such other duties as may be prescribed by the Board
or these Bylaws.
5.11 DEPOSIT AND DISBURSEMENT
The Chief Financial Officer shall deposit, or cause to be deposited, all money and other
valuables in the name and to the credit of the Corporation with such depositories as the Board may
designate, shall disburse the Corporation's funds as the Board may order, shall render to the
President and Directors, when requested, an account of all transactions as Chief Financial Officer
and of the financial condition of the Corporation, and shall have such other powers and perform
such other duties as the Board or the Bylaws may prescribe.
5.12 BOND
If required by the Board, the Chief Financial Officer shall give the Corporation a bond
in the amount and with the surety or sureties specified by the Board for faithful performance of
the duties of the office and for restoration to the Corporation of all of its books, papers, vouchers,
money, and other property of every kind in the possession or under the control of the Chief
Financial Officer on his or her death, resignation, retirement or removal from office.
ARTICLE VI
INDEMNIFICATION OF DIRECTORS. OFFICERS. EMPLOYEES
AND OTHER AGENTS
6.1 INDEMNIFICATION
To the fullest extent permitted by law, this Corporation shall indemnify its Directors,
officers, employees and other persons described in Section 5238(a)of the California Corporations
Code, including persons formerly occupying any such positions, against all expenses,judgments,
fines, settlements and other amounts actually and reasonably incurred by them in connection with
any "proceeding," as that term is used in that section of the California Corporations Code and
including an action by or in the right of the Corporation, by reason of the fact that such person
is or was a person described by that Section. "Expenses," as used in this Bylaw, shall have the
same meaning as in Section 5238(a) of the California Corporations Code.
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061501 13
6.2 APPROVAL OF INDEMNITY
On written request to the Board by any person seeking indemnification, the Board shall
promptly determine under Section 5238(e) of the California Corporations Code whether the
standard of conduct set forth in Sections 5238(b) and (c) have been met and, if it has, the Board
shall authorize indemnification.
6.3 PAYMENT OF EXPENSES IN ADVANCE
To the fullest extent permitted by law and except as otherwise determined by the Board,
expenses and attorneys' fees incurred by any persons described in Section 6.1 in defending any
civil or criminal action or proceeding for which indemnification is required pursuant to
Section 6.1, or if otherwise authorized by the Board, shall be paid by the Corporation in advance
of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf
of the indemnified party to repay such amount if it shall ultimately be determined that the
indemnified party is not entitled to be indemnified for those expenses.
6.4 INSURANCE INDEMNIFICATION
The Corporation shall have the power to purchase and maintain insurance on behalf of any
person who is or was a Director, officer, employee or agent of the Corporation against any
liability asserted against or incurred by such person in such capacity or arising out of that person's
1 status as such.
6.5 AMENDMENT, REPEAL OR MODIFICATION
Any amendment, repeal or modification of any provision of this Article VI shall not
adversely affect any right or protection of a Director or agent of the Corporation existing at the
time of such amendment, repeal or modification.
ARTICLE VII
RECORDS AND REPORTS
7.1 RECORDS: INSPECTION BY DIRECTORS
The Corporation shall keep adequate and correct books of records of account and written
minutes of the proceedings of its Board and committees of the Board. Every Director shall have
the absolute right at any reasonable time to inspect and copy all books, records, and documents
of every kind and to inspect the physical properties of the Corporation. Such inspection by a
Director may be made in person or by an agent or attorney and the right of inspection includes
the right to copy and make extracts.
I
061501 14
7.2 ANNUAL REPORT
The Board shall furnish to the Directors not later than one hundred twenty (120)days after
the close of the Corporation's fiscal year an annual report. The report shall contain the following
information, in appropriate detail, for the fiscal year:
(a) The assets and liabilities, including trust funds, of the Corporation as of the
end of the fiscal year.
(b) The principal changes in assets and liabilities, including trust funds, during
the fiscal year.
(c) The revenue and receipts of the Corporation,both unrestricted and restricted
to particular purposes, for the fiscal year.
(d) The expenses and disbursements of the Corporation, for both general and
restricted purposes, during the fiscal year.
The annual report shall be accompanied by any report on it of independent accountants or,
if there is no such report, by the certificate of an authorized officer of the Corporation that such
statements were prepared without audit from the Corporation's books and records. This
requirement of an annual report shall not apply if the Corporation receives less than twenty five
thousand dollars ($25,000) in gross receipts during the fiscal year; provided, however, that the
information specified above for inclusion in an annual report must be furnished annually to all
Directors and to any member who requests it in writing.
7.3 ANNUAL STATEMENT
As part of the annual report to be furnished to the Directors pursuant to Section 7.2 of
these Bylaws, the Board shall furnish to the Directors an annual statement of any transaction or
indemnification of the following kinds:
(a) Any transaction (i) in which the Corporation, its parent, or its subsidiary
was a party, (ii) in which an "interested person" had a direct or indirect material interest,
and (iii) which involved more than fifty thousand dollars ($50,000), or was one of a
number of transactions with the same interested person involving, in the aggregate, more
than fifty thousand dollars ($50,000). For the purposes of this section, an "interested
person" is any Director or officer of the Corporation or its parent or subsidiary; however,
a mere common Directorship shall not be considered a material financial interest.
?
061501 15
BYLAW AMENDMENT
I
SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION
Effective Date: September 9, 2004
Bylaw Amended: NEW ARTICLE VIII, and renumber current
Articles, VIII to IX; IX to X, and X to XI
"ARTICLE VIII
PROVISIONS REGARDING FHA FINANCING
The provisions of this Article VIII shall be applicable only during such period of time
as the Note (as defined below) is either insured or held by the Secretary, his successors and
assigns (the "Secretary") of the United States Department of Housing and Urban Development
("HUD" or "FHA") acting by and through the Federal Housing Commissioner.
8.01 Purposes. In addition to any other provisions herein elsewhere contained, the
Corporation is created;
(a) To create a nonprofit corporation to acquire, own and operate a certain
Mobile Home Park to be known as "Santiago Sunrise Village Mobile Home Park ,"located
in Palm Springs, Riverside County, California, and identified as FHA Project No. 143-00009-
PM-PUR (the "Project");
(b) To enable the financing of the rehabilitation of said Project with the
assistance of mortgage insurance under Section 207 of the National Housing Act, as amended;
(c) To enter into, perform, and carry out contracts of any kind necessary to,
or in connection, or incidental to, the accomplishment of the purposes of the Corporation,
including, expressly, any contract or contracts with the Secretary which may be desirable or
necessary to comply with the requirements of the National Housing Act, as amended, and the
Regulations of the Secretary thereunder, relating to the regulation or restriction of mortgagors
as to rents, sales, charges, capital structure, rate of return and methods of operation;
(d) To acquire any property, real or personal, in fee or under lease, or any
rights therein or appurtenant thereto, necessary for the construction and operation of the
Project; and
(e) To borrow money, and issue evidence of indebtedness, and to secure the
same by mortgage, deed of trust, pledge or other lien in furtherance of any or all of the objects
of its business in connection with the Project.
V21
8.02 Additional Powers of Cor orp ation.
I
(a) The Corporation shall have the power to do and perform all things
whatsoever set out in Section 8.01 hereof, and necessary or incidental to the accomplishment
of said purposes.
(b) The Corporation, specifically and particularly, shall have the power and
authority to enter into a Regulatory Agreement with the Secretary setting out the requirements
of the Secretary; and
(c) In the event of the dissolution of the Corporation, the Corporation shall
have at all times the power to convey any or all of its property to the Secretary or his/her
nominee.
8.03 Authorization and Execution of FHA Loan Documents. The Corporation is
specifically authorized and empowered to execute a Regulatory Agreement with the Secretary,
to execute a non-recourse promissory note (the "Note"), a mortgage, deed of trust, security
deed or equivalent instrument (the "Mortgage"), a security agreement, financing statements,
contracts, assurances, agreements, certifications and other documents (hereinafter collectively
called the "FHA Loan Documents"), to execute such other documents and to take such actions
as may be necessary, desirable or appropriate to secure the closing and funding of the
Mortgage Loan.
I
8.04 Business of Corporation. So long as the Note is insured or held by the
Secretary, the sole business, purpose and assets of the Corporation shall be the ownership and
operation of the Project.
8.05 Conflicts.
(a) In the event of a conflict between any of the provisions of the Articles of
Incorporation and any of the FHA Loan Documents, the FHA Loan Documents shall govern
and be controlling in all respects.
(b) In the event of a conflict between any of the provisions of the By-Laws
and any of the FHA Loan Documents, the FHA Loan Documents shall govern and be
controlling in all respects,
(c) In the event of a conflict between any other provisions of the By-Laws
and this Article VIII, this Article VIII shall govern and be controlling in all respects.
8.06 Liability of Officers and Directors under RegulatoryAgreement. Each
Officer and Director shall be liable to HUD under the Regulatory Agreement-in its individual
capacity with respect to the following matters:
I
1�
(a) For funds or property of the Project coming into its possession, which
by the provisions of the Regulatory Agreement, the person or entity is not entitled to retain;
(b) For its own acts and deeds, or the acts and deeds of others, which the
person or entity has authorized in violation of the provisions of the Regulatory Agreement;
(c) For the acts and deeds of affiliates, as defined in the Regulatory
Agreement, which the person or entity has authorized in violation of the provisions of the
Regulatory Agreement.
(d) As otherwise provided by law.
8.07 Dissolution.
(a) The Corporation may not be voluntarily dissolved or changed to a
different type of entity without the prior written approval of the Secretary.
(b) No act of voluntary dissolution of the Corporation shall operate to affect
or relieve the Corporation of obligations under the Regulatory Agreement until a successor
owner has been approved by the Secretary.
(c) Upon any dissolution of the Corporation, no title or right to possession
and control of the Property, and no right to collect the rents from the Project, shall pass to any
person who is not bound by the Regulatory Agreement in a manner satisfactory to the
Secretary.
8.08 Distributions of Funds. So long as the Note is insured or held by the
Secretary, the Secretary's financial requirements as to cash control and distributions as set
forth in Paragraph 6 of the Regulatory Agreement shall supersede to the extent they are in
conflict with any of the financial provisions of these Bylaws.
8.09 Amendments. So long as the Note is insured or held by the Secretary, no
amendment to these Bylaws or the Articles of Incorporation which results in any of the
following shall be of any force or effect without the prior written consent of the Secretary:
(a) Any amendment that modifies the duration of the Corporation's
existence and in no event will the Articles of Incorporation be amended to provide for a
duration less than ten years beyond the maturity of the Note;.
(b) Any amendment that activates the requirement that a HUD Previous
Participation Certification be obtained for any additional or new Shareholder, Officer or
Director;
(c) Any amendment that in any way affects the Note, the Mortgage, or
security agreement applicable to the Project, or the Regulatory Agreement;
�8
(d) The deletion of, or any amendment to, this Article VIII; and,
I
(e) No provision required by HUD to be inserted into the organizational
documents may be amended without prior written approval, so long as HUD is the insurer or
holder of the Note.
8.10 The corporation has designated DENNIS KAZARIAN as its official
representative for all matters concerning the Project which require HUD consent or approval.
The signature of this person will bind the corporation in all such matters. The corporation
may from time to time appoint a new representative to perform this function, but within three
business days of doing so, will provide HUD with written notification of the name, address
and telephone number of its new representative. When a person other than the person
identified above has full or partial authority of management of the Project, the corporation will
promptly provide HUD with the name of that person and the nature of that person's
management authority."
1
+9
' (b) Any indemnifications or advances aggregating more than ten thousand
dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation
pursuant to Article VI of these Bylaws unless such indemnification was previously
approved by the Directors under Section 5238(e)(1) of the California Corporations Code.
7.4 REPORTS TO SECRETARY OF STATE
The Board shall cause to be filed with the Secretary of State a biennial statement containing
the following information:
(a) The names and addresses of its President, Secretary and Chief Financial
Officer.
(b) The street address of its Principal Office.
(c) A designation of an agent for service of process.
The statement shall be filed on the form prescribed by the Secretary of State.
ARTICLE Vffr I X
GENERAL MATTERS
C�, S—t CHECKS: DRAFTS: EVIDENCES OF INDEBTEDNESS
From time to time, the Board shall determine by resolution which person or persons may
sign or endorse all checks, drafts, other orders for payment of money, notes or other evidences
of indebtedness that are issued in the name of, or payable to, the Corporation, and only the
persons so authorized shall sign or endorse those instruments.
q a ja 7 CORPORATE CONTRACTS AND INSTRUMENTS; HOW EXECUTED
The Board, except as otherwise provided in these Bylaws, may authorize any officer or
officers, or agent or agents, to enter into any contract or execute any instrument in the name of
and on behalf of the Corporation; such authority may be general or confined to specific instances.
Unless so authorized or ratified by the Board or within the agency power of an officer, no officer,
agent or employee shall have any power or authority to bind the Corporation by any contract or
engagement or to pledge its credit or to render it liable for any purpose or for any amount.
061501 A-6
ao
i
9.5 -8 3 CONSTRUCTION• DEFINITIONS
Unless the context requires otherwise, the general provisions, rules of construction and
definitions in the California Nonprofit Public Benefit Corporation Law shall govern the
construction of these Bylaws. Without limiting the generality of this provision, the singular
number includes the plural, the plural number includes the singular, and the term "person"
includes both a corporation and a natural person.
ARTICLEXX X
AMENDMENTS
10, 1 9 t AMENDMENT BY DIRECTORS
The Board may adopt, amend or repeal these Bylaws except that the Board may not extend
the term of a Director beyond that for which the Director was designated. Any amendment of
these Bylaws shall not be effective unless approved by the Corporate Member and shall not
violate, breach or otherwise give rise to a default pursuant to any of the Bond Documents.
1p.a .9-2 RECORD OF AMENDMENTS
Whenever an amendment or new Bylaw is adopted, it shall be copied in the book of
minutes with the original Bylaws. If any Bylaw is repealed, the fact of repeal, with the date of
the meeting at which the repeal was enacted or written consent was filed, shall be stated in said
book.
ARTICLFX X L
INTERPRETATION
11 4,01 AMENDMENTS TO LAW
Reference in these Bylaws to any provision of the California Corporations Code,
specifically the Nonprofit Public Benefit Corporation Law, shall be deemed to include all
amendments thereof.
061501
SECRETARY'S CERTIFICATE OF ADOPTION OF
BYLAWS
OF
SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION
I, the undersigned, do hereby certify:
1. That I am the duly elected and acting Secretary of SANTIAGO SUNRISE
VILLAGE MOBILE HOME PARK CORPORATION, a California nonprofit public benefit
corporation.
2. That the foregoing Bylaws constitute the Bylaws of said corporation as adopted by
the Board of Directors of said corporation on June 15, 2001.
IN WITNESS WHEREOF, I have hereunto subscribed my name this 15' day of June,
2001.
It
Burt Mazelow, Secre Lary
061501 k8
aa,
i
EXHIBIT "A"
Santiago Sunrise Village located at 1500 E. San Rafael, Palm Springs, California
}
1
061501 k9
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
October 27, 2004
An Adjourned Meeting of the City Council of the City of Palm Springs, California, was
called to order by Mayor Pro Tern Mills, at the Convention Center, 277 N. Avenida
Caballeros, on Wednesday, October 27, 2004, at 5:00 p.m., at which time, the City
Attorney announced items to be discussed in Closed Session. There was a public
reception held from 6-7:00 p.m., and open session re-convened 7:00 p.m.
CALL TO ORDER - SPRINGS CONFERENCE ROOM — 5:00 P.M.
a) Roll Call (as all entities)
Present: Councilmembers, Foat, McCulloch, Pougnet, and
Mayor Pro Tern Mills
Absent: Mayor Oden
CLOSED SESSION
a) Announcement of Closed Session Items, and Public Comments thereon
(See Page 3 of agenda)
b) Convene Closed Session (to be held at Convention Center)
RE-CONVENE - CALL TO ORDER - SPRINGS CONFERENCE ROOM —7:00 P.M.
a) Roll Call (as all entities)
Present: Councilmembers, Foat, McCulloch, Pougnet, and
Mayor Pro Tern Mills
Absent: Mayor Oden
b) Flag Salute
PRESENTATIONS: None
REPORT OF POSTING OF AGENDA:
Acting City Clerk reported the agenda was posted on Friday, October 22, 2004,
in accordance with established policies and procedures.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 3 of agenda this date.
City Attorney announced there were no reportable items.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
k !/0
City Council Minutes October 27, 2004
CITY COUNCIL
MAYOR'S WELCOME
Mayor Pro Tern Mills made welcoming statement.
PUBLIC COMMENTS: None.
COUNCIL WORKSHOP FORMAT
1. COMMUNITY INPUT
CITY STRATEGIC PLANNING AND VISIONING PROCESS
Mayor Pro Tem Mills introduced Duane Knapp, the strategic planning and
visioning process facilitator.
Jane Smith, city of residency was not disclosed, read her letter outlining her
many concerns including: (letter submitted and on file)
• Key staff members should reside in Palm Springs;
• PM10 issues, the processes within the Planning Department; and
• Continued development in Palm Springs.
Carol Bertold, Palm Springs, read a letter submitted to senators opposing
amendment 3874 concerning land acquisition for a homeless shelter near the
City's entrance. (letter submitted and on file)
Amanda Speed, representative from The Fair Housing Council of Riverside
County, Inc., spoke of the need for affordable housing.
Peter Fitzgerald, Palm Springs, resides near Ruth Hardy Park, spoke in support
of the comments made by Amanda Speed, suggested post high school education
facilities be located in Palm Springs, and commented he likes the Palm Springs
flavor and supports un-gated and open neighborhoods.
Bill Mathews, Palm Springs, spoke of the growth in Palm Springs, supports
controlled managed growth and development, and suggested exploring
alternatives relating to affordable housing, and the empty storefronts in north
Palm Springs.
Mindy Wooley, Palm Springs, resides in Sunrise Norte, commented on the lack
of space for the children in her neighborhood for playing, commented on the
vacant lot near her home, and asked if it was possible for the City to acquire the
lot for a children's playground.
Jon Hildner, Palm Springs, commented on the following and submitted a letter for
the record:
• Downtown should be plaza like rather than a strip,
• Have commercial/retail/residential downtown,
• Conduct a study not just in Palm Springs, but include surrounding
communities on how money and where money is spent,
• Create more public places,
Page 2
City Council Minutes October 27, 2004
• Discouraged gated communities and cookie-cutter houses, and
• Create a sense of'place' for both residents and tourists.
April Hildner, Palm Springs, spoke stating concurrence to the comments made by
Jon Hildner.
Duane Knapp, Facilitator, ask participants to think of three (3) cities they think
Palm Springs should be like and submit the names of those cities at the end of
the meeting.
Pat Grimm, Palm Springs, suggested pro-active town hall meetings, and starting
the dissemination of information relating to proposed development projects
earlier in the process.
Councilmember Foat stated she and Councilmember Mills have been working on
a neighborhood council process and would encourage Ms. Grimm to become
involved.
Unknown man from audience stated all pending projects are posted in the
Planning Department at City Hall and may be viewed by the public.
Mr. Stuart, Palm Springs, stated buyers have a responsibility to look at the
zoning code in the area in which they are buying their homes.
Frank Gaydos, Palm Springs, commented on the high values on the quality of
life, and the meaning of value is not the same for all people. He introduced the
following persons: Mallika Albert, Dana Stewart, Greg Day, Scott Kennedy, and
Frank Tyson.
Mallika Albert, Palm Springs, stated she was inspired by the July 2004 Visioning
Session and suggested Palm Springs e-Village, a community network. (letter
submitted and on file)
Dana Stewart, Palm Springs, stated much is at stake at the present time, i.e, the
Section 14 referendum, Hillside initiative, and the Palm Hills referendum. She
also suggested joint citizen and city staff processes.
Greg Day, Palm Springs, spoke of creating a visioning process, stated he did not
feel the current process is adequate.
Scott Kennedy, a representative of Palm Springs Modern Committee,
commented on the following:
• Would support a planning staff member to interact with the citizens
possessing more knowledge relating to CEQA requirements, historic
structures, flexible state historic building codes, etc. would be a positive
change;
• Supports the Contempo Homes projects;
• Opposes the Palm Springs Village project; and
• Feels Planned Development Districts are not compatible with the Palm
Springs village image.
Page 3
City Council Minutes October 27, 2004
Frank Tysen, Palm Springs, spoke of downtown revitalization and tourism. He
stated tourists are not supportive of the current developments, suggested adding
quality anchor stores and getting rid of the mall quality stores, make downtown
fun and classy, and criticized the type of merchandise and the clientele at
VillageFest.
Mayor Pro Tenn Mills stated Palm Springs will never be like Santa Barbara. He
adding the term "Village' is used to describe a feeling (atmosphere) not
necessarily the look. He commended Duane Knapp and his assignment to the
audience for the assignment of supplying the name of three (3) cities they would
like Palm Springs to be like.
Additionally, Mayor Pro Tem Mills stated the planning process is not perfect;
however, it has improved recently with the formation of neighborhood groups.
He stated his concurrence with comments regarding providing information
relating to pending planning projects to the public as early as possible.
Councilmember Foat stated every time the Council makes a decision they must
balance everything, and the Council is not proud of some things. She added
they are working with Mr. Wessman and progress is slow. She stated some
shops have been there a long time, and they have lost some businesses i.e.
Saks and Leeds.
Dana Stewart, Palm Springs, suggested focusing on redevelopment instead of
new development.
Ernie Vincent, Palm Springs, stated he moved to Palm Springs from Upland, and
provided comments on the following:
• The Hillside initiative has good intentions; however, you cannot take other
people's property; and
• There should be dialog between developers and citizens.
Carole Sukman, Palm Springs, favors growth when it is handled properly, stated
Palm Springs will never be like the cities down Valley due to the fact there is so
much Indian property in Palm Springs, suggested getting stores i.e. Crate &
Barrel and The Gap for its residents and citing high end stores had been here
and left Palm Springs due to lack of business. In closing, she stated she did not
want Palm Springs to be like Orange County.
Dennis Cunningham, Palm Springs, spoke supporting responsible growth, stating
the City has a good Council, Planning Commission, and planning department
with a good process. Due to the fact it is a good process he feels it should not be
discarded and a new process put in its place. Instead of starting a new process
the current process may be enhanced. He stated he concurred with Mayor Pro
Tern Mills' comments regarding looking at Santa Barbara for ideas, and adding
he is a former resident of Santa Barbara and Santa Barbara has had its own
share of problems in the past.
James Hayton, Palm Springs, commented on the following:
• Left Orange County, opposed the greed of developers and lack of vision;
• Opposes cookie-cutter homes; and
Page 4
City Council Minutes October 27, 2004
• The Shadowrock development.
Jon Caffery, Palm Springs, representing Palm Springs Economic Development
Corporation, commented on the following:
• The need for affordable housing;
• The need for some high end developments,
• The need for quality growth;
• The need to adhere to the General Plan; and
• Planning by referendum and initiative is wrong.
In closing Mr. Caffery stated Palm Springs has a unique charm; therefore, this
City does not need to be like other cities.
Councilmember Foat stated the City has lost some of its business in the
downtown to the surrounding cities due to incentives those cities have offered
these businesses, and asked for his opinion on how the Council may be able to
keep some of these businesses from moving.
Mr. Caffery stated they are working on getting good stores to be located
downtown, Main Street, and the Desert Fashion Plaza, working on the parking
issue, downtown clean up, etc. to help bring more businesses to downtown.
Monte Stettin, Palm Springs, spoke of including solar energy in the City's vision,
and providing incentives.
Jim Stuart, Palm Springs, provided the following comments:
• Relating to chain businesses, Ruby's and Starbucks are chains and have
not been bad for the City;
• Would support a joint powers authority (JPA) for public safety (both police
and fire) with the Cities of Cathedral City and Desert Hot Springs; and
• Mello-Roos (assessment districts) is not good for home resales within the
assessment districts.
Steve Nichols, Palm Springs, commented on the following:
• Measure V (temporary increase in the utility users tax) needs to be
passed by the voters;
• Does not feel there would be realized savings by forming a JPA for public
safety; however, some savings may be realized if the dispatching function
was combined with the neighboring jurisdictions; and
• A General Plan initiative is the worst thing for the City.
Councilmember McCulloch stated combining dispatch functions has been
addressed at CVAG, and the task force is exploring the possibilities.
Nick Chicola, Palm Springs, provided the following comments:
• The City needs a mission statement and without one visioning is not
possible;
• Downtown, redevelopment and the Desert Fashion Plaza needs to be
addressed; and
• The City can make incremental changes, i.e. types of developments and
stop approving gated communities.
Page 5
City Council Minutes October 27, 2004
Councilmember Pougnet stated downtown is actually a larger area than the
Desert Fashion Plaza, adding that he and Mayor Pro Tem Mills serves on the
subcommittee and they are looking at all those issues.
Councilmember Foat provided an explanation relating to Council subcommittees
to the audience.
Sheila Grattan, Palm Springs, stated her vision of downtown would include
walkways meandering to and from the Convention Center, to downtown, Desert
Fashion Plaza, the casino, and museum. This walkway could include shading
and a misting system (to encourage usage during the summer months), native
plants, lighting, and benches along the route.
Wesley Cole, Palm Springs, provided the following comments:
• It is difficult to have vision if the eyes are closed, and some people have
provided only negative comments. He has talked to many people and
comments he has received were positive;
• There are many businesses downtown other than at the mall;
• John Wessman has made many improvements at the mall; and
• The downtown area is in need of being cleaned up.
Nancy Stuart, Palm Springs, spoke of the following:
• Visions require money;
• Tax base will need to be increased;
• Smart planning is needed. The need for commercial clusters, i.e. Wal-
mart located at Ramon and Gene Autry. Due to the location it will draw
shoppers outside of the City of Palm Springs.
• Regarding earlier comments relating to chain businesses. She added
she shops at SteinMart. The SteinMart in Palm Springs is stocked
differently than the one located at the eastern part of the Coachella
Valley. Chains will tailor the merchandise carried in their stores toward
the clientele.
Joy Meredith, Palm Springs, stated she noted there were eight (8) members of
the General Plan Steering Committee present at tonight's meeting. Additionally,
citizens need to become involved if they want to be informed, adding the Council
cannot be expected to go door to door disseminating information. She added
she checks the City's website weekly and goes to the Office of the City Clerk for
information.
Duane Knapp, facilitator, thanked all the participants.
2. CONTINUED STRATEGIC PLANNING AND VISIONING PROCESS
No discussion.
3. NEXT STEPS IN STRATEGIC PLANNING AND VISIONING PROCESS
Duane Knapp, facilitator, stated these ideas will be collected and funneled into
meaningful priorities and guidelines will be produced.
Page 6
City Council Minutes October 27, 2004
The City Manager added ideas will continue to be accepted through November
10, 2004, and the next Strategic Planning and Visioning Session will most likely
take place in January 2005.
Councilmember Foat commented this document will serve as a guide and shall
be a fluid document.
Mayor Pro Tern Mills stated this information is important as the City will be
starting the process to update the City's General Plan.
Councilmember Pougnet stated concurrence to comments made by
Councilmember Foat and Mayor Pro Tern Mills. He added, though some
comments were negative, the City can learn from negative comments.
Councilmember McCulloch thanked everyone for their participation.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests:
Councilmember Pougnet requested rent control statistics from speaker Amanda
Speed.
PUBLIC reports or requests: None
STAFF reports or requests: None
ADJOURNMENT:
There being no further business, Mayor Pro Tenn Mills declared the meeting
adjourned at 9:54 p.m.
Respectfully submitted,
r,
Kathie Hart, CMC
Acting City Clerk
Page 7
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
NOVEMBER 10, 2004
Special/Adjourned Regular Meeting
A Special/Adjourned Regular Meeting of the City Council of the City of Palm Springs,
California, was called to order by Mayor Oden, in the Large Conference Room, 3200
Tahquitz Canyon Way, on Wednesday, November 10, 2004, at 7:00 p.m.
ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and
Mayor Oden
SALUTE TO THE FLAG:
The meeting was opened with the Salute to the Flag, led by Acting City Clerk, Kathie
Hart.
PRESENTATIONS: None
REPORT OF POSTING OF AGENDA:
Acting City Clerk reported the agenda was posted in accordance with established
policies and procedures on November 5, 2004.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business
CITY COUNCIL
PUBLIC COMMENTS:
Vic Ganier, Palm Springs, spoke in support of traditional precinct elections.
The following stated opposition to the airport administration's enforcement of
rules and regulations:
• Roy Hofheinz, Palm Desert, a sublease of Million Air
• Harold O. Williamson, Indio
• Dominic Tallarita, Palm Springs, a sublease of Million Air
• Marvin Rosenberg, Palm Desert, a sublease of Million Air
• Steven Stewart, Palm Springs, a sublease of Million Air
• George Avans, Rancho Mirage, a sublease of Million Air
• Dan Espensen, Desert Hot Springs, a sublease of Million Air
• Simon Houson, Palm Springs, a sublease of Million Air
Nuzio Grieco, Palm Springs, unable to understand him, submitted a letter in
Italian, regarding his invention which will help preserve the environment. He
would like the City of Palm Springs to purchase his invention.
Jim Mac Lean, Palm Springs, spoke opposing reduction of firefighters.
James Webb, Palm Springs, spoke opposing reduction of firefighters.
Seima Moloi, Palm Spring, requested continuation of same staffing level at
James O. Jessie Desert Highland Unity Center.
City Council Minutes November 10, 2004
Joy Meredith, Palm Springs, spoke of the upcoming Downtown Design and
Development meeting, and the disappointment at the number of citizens voting
no on Measure U.
Evernal Black, Palm Spring, requested continuation of same staffing level at
James O. Jessie Desert Highland Unity Center.
Janice Lyle, President of the Library Board, requested exploring alternate
methods of library staff reductions.
APPROVAL OF CONSENT AGENDA: None
PUBLIC HEARINGS: None
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None
LEGISLATIVE ACTION:
1. SPECIAL MUNICIPAL ELECTION — HILLSIDE INITIATIVE
SPECIAL MUNICIPAL ELECTION — PALM HILLS REFERENDUM
Continued from 11-03-04
Recommendation: That the Council consider election alternatives, call a Special
Municipal Election to be held March 8, 2005, and the designation of authors for
the ballot argument.
Report presented by Acting City Clerk and City Attorney, after discussion, the
following actions were taken:
A. Resolutions 21132 and 21133 as recommended was presented; on
motion by Councilmember Mills, seconded by Councilmember Pougnet,
and carried by majority roll call vote (4-0-1, Foat no), Resolution 21132,
Hillside Initiative, and Resolution 21133, Palm Hills Referendum, calling a
Special Municipal Election to be held March 8, 2004, was adopted.
B. Resolution 21134 designating the Mayor and Councilmembers be listed
as authors filing an argument opposing the Hillside/Mountain Preservation
Initiative was presented; motion by Councilmember Mills, seconded by
Councilmember Pougnet, and carried by majority roll call vote (4-0-1,
Foat no), Resolution 21134, as presented was adopted.
C. Resolution 21135 designating the Mayor and Councilmembers be listed
as authors filing an argument in favor of the Palm Hills Referendum was
presented; motion by Councilmember Mills, seconded by Councilmember
McCulloch, and carried by majority roll call vote (4-0-1, Foat no),
Resolutions 21135, as presented was adopted.
Additionally, the City Attorney was instructed to forward suggested
language change(s), as requested by the proponent's attorney, for
Council consideration on or before December 10, 2005, if deemed
necessary.
Page 2
City Council Minutes November 10, 2004
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Councilmember Foat: Requested a staff report relating to Millionaire.
PUBLIC reports or requests
None
STAFF reports or requests
None
ADJOURNMENT:
There being no further business, Mayor Oden declared the meeting adjourned at
8:21 p.m.
Respectfully submitted,
Kathie Hart, CIVIC
Acting City Clerk
Page 3
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
November 17, 2004
A Regular Meeting of the City Council of the City of Palm Springs, California, was called to
order by Mayor Pro Tern Mills, in the Council Chamber, 3200 Tahquitz Canyon Way, on
Wednesday, November 17, 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 McCulloch, Pougnet and Mayor Pro-tem
Mills
Absent: Mayor Oden
The meeting was opened with the Salute to the flag, and an invocation by Reverend
Kathryne Middle, United Methodist Church.
REPORT OF POSTING OF AGENDA:
The Acting City Clerk reported the agenda was posted in accordance with established
policies and procedures on Friday, November 12, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION
(All Entities) - See items on Page 7 of agenda this date.
PRESENTATIONS: None.
HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING
AUTHORITY: - No Business
COMMUNITY REDEVELOPMENT AGENCY
Convened as the Community Redevelopment Agency, and after adjournment
reconvened as the City Council.
CITY COUNCIL
PUBLIC COMMENTS:
Nunzio Grieco, spoke stating his English is "not very good" and submitted a letter
written in Italian, stating the invention of his machine would benefit our military
while preserving our atmosphere through the use of alternative energy methods.
He also stated he would like his home to be designated a museum and should
not be used as a resident upon his passing.
APPROVAL OF CONSENT AGENDA: Items 1 thru 15.
CONSENT AGENDA:
On motion by Councilmember Pougnet, seconded by Councilmember McCulloch,
and carried by a majority vote (4-0-1, Oden absent) the Consent Agenda,
c
Council Minutes November 17, 2004
excluding Item No. 1, 5, 10 and 11 which were moved to the Extended Consent
Agenda for discussion, was approved as presented.
1. See Extended Consent Agenda
2. Res 21136 approving a Memorandum of Understanding with the Palm Springs
Police Management Association for the period July 1, 2004, thru June 30, 2005,
subject to City Attorney's review and approval. A4995
3. Res 21137 approving a Memorandum of Understanding with the Palm Springs
Police Officers Association for the period July 1, 2004, thru June 30, 2005,
subject to City Attorney's review and approval. A4996
4. MO 7583 approving settlement agreement with Michael C. McCracken. A4997
5. See Extended Consent Agenda
6. Res 21138 a Resolution of Convenience and Necessity to sell beer, wine and
spirits at the 2755 North Palm Canyon Drive., Zone C-1, Section 3.
7. Res 21139 approving Amendment 4 to the FY 2004/2005 Allocated Positions
and Compensation Plan authorizing the deletion of one Police Commander
position.
8. Res 21140 approving year-round billing cycle and amending the Comprehensive
Fee Schedule approving year-round issuing of dog licenses and offering
discounts for multi-year licenses.
9. Res 21141 amending the Comprehensive Fee Schedule increasing the fees for
Concealed Weapons Permits and related fee.
10. See Extended Consent Agenda
11. See Extended Consent Agenda
12, Res 21142 approving Final Map 31354 and Subdivision Agreement with Palm
Canyon Townhomes LLC to subdivide property for condominium purposes
located at 2765 and 2801 South Palm Canyon Drive, Section 35, Township 4
South, Range 4 East.
13. MO 7584 authorizing Veolia Water North America Operating Services Inc a
Notice to Proceed to complete a flow study at the wastewater treatment plant in
the amount of$25,000.
14. MO 7585 approving the establishment of a motorcycle parking zone for a six
month trial period between 6 pm Thursdays through 11 pm Sundays, on the
north side of North Palm Canyon Drive to a point 60 feet westerly thereof.
Page 2
Council Minutes November 17, 2004
15. Res 21143 and 21144 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 1001196 Animal Medical Hospital Business Client Related
EXTENDED CONSENT AGENDA:
1. MO 7586 approving an agreement with Parsons Transportation Inc for
construction management services for various projects at the airport, in the
amount of$940,081, with minor changes. A4998
Director of Aviation presented staff report, after discussion, on motion by Mayor
Pro Tern Mills, seconded by Councilmember Pougnet, and carried by a majority
vote (4-0-1, Oden absent) MO 7586 as presented was approved, with the
following changes to the contract:
• Page 22, Project Duration, language to be amended for clarity and to be
consistent with payment schedule.
• Page 23, Request For Information (RFI), language to be amended to
unlimited number of RFI's.
• Page 23, ContractorNendor Submittal Reviews, language amended to
unlimited number of Submittal Reviews.
• Page 23, Non-Conformance, delete second sentence "Up to15 non-
conformance issues....."
5. MO 7587 approving Amendment 7 to A4372 with Pac West for landscape
maintenance services at the Mountain Gate project (Parkway Maintenance
District 10) in the amount of$42,232.20. A4372
Director of Parks and Recreation presented the staff report, after discussion on
motion by Councilmember Pougnet, seconded by Councilmember Foat, and
carried by a majority vote (4-0-1, Oden absent) MO 7587, as recommended, was
adopted.
10. Res 21145 approving Final Map 32028 and Subdivision Agreement with
Mountain Gate II Palm Springs Ventures LLC to subdivide property located south
of Chino Creek Levee and the east side of Highway 111, Section 33, Township 3
South, Range 4 East. A4999
Director of Parks and Recreation presented the staff report, after discussion on
motion by Councilmember Pougnet, seconded by Councilmember McCulloch,
and carried by a majority vote (4-0-1, Oden absent) Res 21145, as
recommended, was adopted.
11. Res 21146 approving Final Map 32028-1 and Subdivision Agreement with
Mountain Gate II Palm Springs Ventures LLC to subdivide property located south
Page 3
Council Minutes November 17, 2004
of Chino Creek Levee and the east side of Highway 111, Section 33, Township 3
South, Range 4 East. A5000
Director of Parks and Recreation presented the staff report, after discussion on
motion by Councilmember Pougnet, seconded by Councilmember McCulloch,
and carried by a majority (4-0-1, Oden absent) Res 21146, as recommended,
was adopted.
PUBLIC HEARINGS:
16. TTM 32233 — 1000 GENE AUTRY TRAIL, SECTION 7 AND 18
LEENAR COMMUNITIES
Recommendation: That the Council approve Tentative Tract Map 32233 for
subdividing 372.52 acres into 550 residential lots and additional lots for golf
course development and maintenance facilities, located at 1000 Gene Autry
Trail, APN 677-220-007 ET SEQ, W-M-1-P, W-0-5, W Zones, Sections 7 and 18.
Notices mailed 163.
Director of Planning Services presented the staff report.
Mayor Pro Tern Mills opened the public hearing.
Jeff Clemens, Leenar Communities, spoke in support and requested approval.
Marvin Roos, Palm Springs, spoke in support.
There being no others coming forth to address the Council, Mayor Pro Tern Mills
closed the public hearing.
After discussion, on motion by Councilmember Pougnet, seconded by
Councilmember Foat, and carried by a majority vote (4-0-1 Oden absent), Res
21147 was adopted with the condition staff will work with the developer, and
Desert Water Agency for an alternate well site, and amending Condition of
Approval, Page 9, Engineering: Item 19 to add "or as approved by the City
Engineer and Fire Marshall."
17. TTM 32942 — 1000 EAST PALM CANYON DRIVE, Zone R-2 and R-3, Section
23 — NEXUS RESIDENTIAL COMMUNITY
Recommendation: That the Council approve TTM 32942 for a subdivision of 8.3
acres for the conversion of previously approved 133 apartments into 133
condominiums, located at 1000 East Palm Canyon Drive, Zone R-2 and R-3,
Section 23. Notices mailed 449.
Director of Planning Services presented the staff report.
Mayor Pro Tern Mills opened the public hearing.
Wilson McNary, Palm Springs, spoke in support.
Garth, developer, (no speaker card submitted) spoke requesting approval.
Page 4
Council Minutes November 17, 2004
There being no others coming forth to address the Council, Mayor Pro Tern Mills
closed the public hearing.
After discussion, on motion by Councilmember McCulloch, seconded by
Councilmember Foat, and carried by a majority vote (4-0-1 Oden absent), Res
21148, was adopted as recommended with amendments to Condition 34 to read
as follows:
"The developer shall deposit $25,000 with the City to represent the estimated cost
of five years of annual maintenance costs for City maintenance of the existing
landscaped median within Deep Well Ranch Road prior to final map approval.
This estimate shall include the annual costs associated with landscape
maintenance, water service and electrical service. In the alternative, the prior
requirement for private maintenance of the median through CC&Rs approved by
the City Attorney, shall apply, in this case future maintenance of the landscaped
median shall become the responsibility of the City. The developer shall be
responsible for coordinating with the Parks and Recreation Department to
determine requirements for providing a separate City water meter for irrigation
purposes, as well as a separate City irrigation controller and irrigation system for
the median. The determination of which alternative shall apply will be made by the
City Engineer in consultation with the City Attorney, based upon long-term
enforceability."
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: None.
18. ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None.
REPORTS & REQUESTS:
CITY COUNCIL reports or requests:
Councilmember McCulloch requested a report on PERS.
Mayor Pro Tern Mills requested the grading and landscaping plans for Tract
32028 and 32028-1 be presented to Council after review by the Planning
Commission.
Page 5
Council Minutes November 17, 2004
Mayor Pro Tern Mills requested a report on all staff participating in the vehicle
take home program, information shall include fueling, authorization dates, usage,
and estimated cost under normal usage, and a copy of the vehicle take home
policy. Additionally, it was desirable that the information to be separated into the
following groups:
• Police
• Fire
• Other
19. After discussion, on motion by Councilmember Foat, seconded by
Councilmember Pougnet, and carried by a majority vote (4-0-1, Oden absent)
Robin Rosenberg was appointed to the VillageFest Board.
PUBLIC reports or requests: None
STAFF reports or requests
20. Treasurer's Investment Report as of September 30, 2004.
It was the consensus of the Council to receive and file the Treasurer's
Investment Report as of September 30, 2004
21. Update on Convention Center pre-marketing plan from Jim Dunn, General
Manager
General Manager provided an update, consensus of the Council to place
item on the Legislative calendar in January 2005, unless the need for
Council action is required prior.
22. Update on MillionAir the sublease status from Director of Aviation.
Director of Aviation presented the sublease status of MillionAir, no
action/direction was given by Council.
ADJOURNMENT:
There being no further business, Mayor Pro Tern Mills declared the meeting
adjourned at 9:43 p.m., November 17, 2004.
Respectfully submitted,
Kathie Hart, CIVIC
Acting City Clerk
Page 6
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
December 15, 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 15, 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 McCulloch, Mills, Pougnet and Mayor
Oden
Absent: Councilmember Foat
The meeting was opened with the Salute to the Flag lead by Mayor Pro Tem Mills, and an
invocation by Father Miguel Ceja, Our Lady of Solitude Catholic Church.
PRESENTATIONS: a) American Public Works Association
2004 Project of the Year, Traffic Calming Program
b) Operation SafeHouse
National Runaway Prevention Month
REPORT OF POSTING OF AGENDA: Acting City Clerk reported that the agenda was
posted in accordance with Council procedures on December 10, 2004.
REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All
Entities) - See items on Page 5 of agenda this date.
APPOINTMENT OF MAYOR PRO TEM
On motion by Mayor Pro Tem Mills, seconded by Councilmember Pougnet, and
carried by a majority (4-0-1, Foat absent) Councilmember McCulloch was
appointed as Mayor Pro Tem.
COMMUNITY REDEVELOPMENT AGENCY: HOUSING AUTHORITY: FINANCING
AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business
PUBLIC COMMENTS
The following spoke in opposition of the Hillside (Mountain Region) Initiative:
Earnest Vincent, Palm Springs, and read parts of a letter from Marvin Roos
(letter submitted for the record before the meeting)
Ziva Hillinger, Palm Springs
David Viney, Palm Springs
Nick DiBari, Palm Springs
Roger Horswill, Palm Springs
Jerry Herman, North Palm Springs
Wesley Cole, Palm Springs
Steve Lyle, Palm Springs
Robert Evans, Palm Springs
Joy Meredith, Palm Springs
Mario Gonzales, Palm Springs
Sam Spinello, no resident address provided
Council Minutes
12-15-04, Page 2
The following spoke in support of the Hillside (Mountain Region) Initiative:
Jane Smith, Palm Springs
Frank Tyson, Palm Springs
Charles Sack, Palm Springs
Vic Gainer, Palm Springs
Dana Stewart, Palm Springs
Frank Gaydos, Palm Springs
Ran Wyosr, Indian Wells, spoke in support of the Palm Hills development.
APPROVAL OF CONSENT AGENDA: Items 1 thru 15.
CONSENT AGENDA:
Councilmember Pougnet declared conflict of interest, business client related, relating to
Consent Agenda Item 8, and stated he shall abstain from voting on that item.
On motion by Mayor Pro Tem McCulloch, seconded by Councilmember Mills, and
carried by a majority (4-0-1, Foat absent) Consent Agenda Items 1, 3, 7, 8, 9, 10, 11, 12,
and 15 were approved as presented.
Review by City Manager of Consent Items to be clarified.
1. Approval of Minutes, October 20, 2004, Regular
2. MO ---- approving Amendment 1 to A4043 with Airport Displays LTD, extending
the term through December 2009, for advertising at the airport. A4043
Withdrawn by City Manager
3. Res 21157 declaring the results of the Special Municipal Election held November
2, 2004.
4. SEE EXTENDED CONSENT AGENDA
5. SEE EXTENDED CONSENT AGENDA
6. SEE EXTENDED CONSENT AGENDA
7. MO 7593 approving the issuance of a Purchase Order to The SoCo Group Inc,
for bulk gas and diesel fuel, not to exceed the budgeted amount for each fiscal
year.
8. Res 21158 approving Parcel Map 32639 prepared by Sanborn A/E, representing
Allen Ravert, Glen Dobbs, and Bernadett O'Rourke to subdivide property located
at 215 Via Lola, Section 10, Township 4S, Range 4E.
Councilmember Pougnet abstained due to conflict of interest, business client.
9. Res 21159 approving Amendment 2 to A2535 with Warner Cable
Communications for an additional term of one year.
10. Res 21160 approving Amendment 1 to A2792 with Palmer Cablevision for an
additional term of one year.
Council Minutes
12-15-04, Page 3
11. Res 21161 supporting the exploration of a Sister City Program relationship with
the People's Republic of China and designating Arthur Block to represent the
City during his upcoming visit to Shenghen, China.
12. MO 7594 approving an agreement with Bartle Wells, to prepare a Wastewater
cost service study, in an amount not-to-exceed $24,800, and authorizing the City
Attorney to prepare a contract services agreement. A5009
13. SEE EXTENDED CONSENT AGENDA
14. SEE EXTENDED CONSENT AGENDA
15. Res 21162 and 21163 approving Payroll Warrants and Claims & Demands.
Note abstentions, if any:
Item 8: Councilmember Pougnet declared Conflict of Interest due to business client.
Councilmember Warrant# Payee Particular Nature of Conflict
Mills 1001810 Animal Medical Hospital Bus Related
EXTENDED CONSENT AGENDA:
4. MO 7595 approving Amendment 4 to A4577 with Turner Construction, for
additional supervisory staffing, in the amount of$96,000. A4577
On motion by Councilmember Mills, seconded by Mayor Pro Tem McCulloch,
and carried by a majority (4-0-1, Foat absent) MO 7595 was adopted approving
Amendment 4 to A4577 with Turner Construction, for additional supervisory
staffing, in the amount of$96,000.
5. Res 21164 ratifying all Convention Center Expansion Project change orders
authorized by the Project Administrator through December 15, 2004, and
authorizing an additional $500,000 in change orders to the Project Administrator.
On motion by Councilmember Mills, seconded by Mayor Pro Tem McCulloch,
and carried by a majority (4-0-1, Foat absent) Res 21164 was adopted to ratify all
Convention Center Expansion Project change orders authorized by the Project
Administrator through December 15, 2004, and authorizing an additional
$500,000 in change orders to the Project Administrator.
6. MO 7596 approving an agreement with Impact General Inc, for as-needed
health, safety, and risk management services, in the amount of$70,000. A4941
On motion by Councilmember Pougnet, seconded by Mayor Pro Tem McCulloch,
and carried by a majority (3-1-1, Mills no, Foat absent) MO 7596 was adopted
approving an agreement with Impact General Inc, for as-needed health, safety,
and risk management services, in the amount of$70,000.
13. MO 7597 rescinding Minute Order 7592 which approved a Contract Services
Agreement with Willdan for temporary planning services, in an amount not-to-
exceed $40,000. A4979
Council Minutes
12-15-04, Page 4
On motion by Councilmember Pougnet, seconded by Councilmember Mills, and
carried by a majority (4-0-1, Foat absent) MO 7597 was adopted rescinding
Minute Order 7592 which approved a Contract Services Agreement with Willdan
for temporary planning services, in an amount not-to-exceed $40,000.
14. MO 7598 approving and authorizing the City Attorney to prepare a Contract
Services Agreement with Willdan for temporary planning services from
September 1, 2004 through February 28, 2005, in an amount not-to-exceed
$106,000. A5010
On motion by Councilmember Pougnet, seconded by Councilmember Mills, and
carried by a majority (4-0-1, Foat absent) MO 7598 was adopted approving and
authorizing the City Attorney to prepare a Contract Services Agreement with
Willdan for temporary planning services from September 1, 2004 through
February 28, 2005, in an amount not-to-exceed $106,000.
PUBLIC HEARINGS: NONE
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:
16. ESTABLISHMENT OF A 401 PLAN FOR DEPARTMENT HEADS
Recommendation: That the City Council approve the establishment of a 401
Plan for the purpose of creating a benefit to Department Heads at no cost to the
City.
City Manager and Director of Finance presented the staff report, adding the fact
that four (4) of the City's bargaining units, Palm Springs Police Officers
Association, Palm Springs Police Management Association, Palm Springs Fire
Management Association, and Management Association of Palm Springs, have
voluntarily come forward requesting their bargaining units be included and
eligible to participate in the 401 Plan.
On motion by Councilmember Pougnet, seconded by Councilmember Mills, and
carried by a majority vote (4-0-1, Foat absent) Res 21165 was adopted
approving the establishment of a 401 Plan for the purpose of creating a benefit to
Department Heads, Palm Springs Police Officers Association, Palm Springs
Police Management Association, Palm Springs Fire Management Association,
and Management Association of Palm Springs at no cost to the City.
17. ESTABLISHMENT OF RETIREMENT HEALTH SAVINGS PLAN FOR
DEPARTMENT HEADS
Recommendation: That the City Council approves the establishment of a
Retirement Health Savings (RHS) Plan for Department Heads administered by
ICMA Retirement Corporation at no cost to the City.
Council Minutes
12-15-04, Page 5
City Manager and Director of Finance presented the staff report, adding the fact
that four (4) of the City's bargaining units, Palm Springs Police Officers
Association, Palm Springs Police Management Association, Palm Springs Fire
Management Association, and Management Association of Palm Springs, have
voluntarily come forward requesting their bargaining units be included and
eligible to participate in the RHS Plan.
On motion by Councilmember Pougnet, seconded by Councilmember Mills, and
carried by a majority vote (4-0-1, Foat absent) Res 21166 was adopted
approving the establishment of a RHS Plan for Department Heads, Palm Springs
Police Officers Association, Palm Springs Police Management Association, Palm
Springs Fire Management Association, and Management Association of Palm
Springs at no cost to the City.
18. OPPOSING THE MOUNTAIN REGION INITIATIVE
Recommendation: That the Council consider adopting the resolution opposing
the Mountain Region Initiative.
Withdrawn by City Manager
19. SUPPORTING THE PALM HILLS REFERENDUM
Recommendation: That the Council consider adopting the resolution supporting
the Palm Hills Referendum.
Withdrawn by City Manager
ADDITIONAL LEGISLATIVE ITEMS: None
ADDED STARTERS: None
REPORTS & REQUESTS:
CITY COUNCIL reports or requests
Mayor Pro Tem 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.
Council Minutes
12-15-04, Page 6
PUBLIC reports or requests
Dana Stewart, Palm Springs, spoke in support of the Hillside (Mountain Region)
Initiative.
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, Mayor Oden declared the meeting adjourned at
9:35 p.m.,
Respectfully submitted,
Kathie Hart, CMC
Acting City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JANUARY 5, 2005
CITY COUNCIL CHAMBERS
CALL TO ORDER: Mayor Oden called the meeting to order at 7:07 PM.
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
Aleshire, City Clerk Thompson, City Treasurer Kanarr.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge.
INVOCATION: Rev. Hank Bates, Desert City Community Church of Religious
Science led the Invocation.
PRESENTATIONS: Mayor Oden presented Commendations to Doug Evans, Director
of Strategic Development, and Carl Thibeault, Fire Marshal on their years of service to
the City of Palm Springs. City Manager Ready presented newly appointed City Clerk
Thompson.
REPORT OF POSTING OF AGENDA: City Clerk Thompson reported the City Council
Agenda for the January 5, 2005 meeting was posted on Friday, December 30, 2004 in
accordance with established policies and procedures.
City Clerk Thompson announced that the City Council received additional materials for
Items Nos.: CRA-A, 6, 12, 17, 23 and 24.
City Clerk Thompson stated that for Item 15 the City Council received additional
material including Executive Order No 2004-01. The City Council would Receive and
File Executive Order No. 2004-01 and consider adopting the City Council Resolution to
ratify the order.
City Clerk Thompson requested the City Council remove Consent Agenda Item 3 and
Public Hearing Item 18 from the Agenda and table.
REPORT OF CLOSED SESSION: City Attorney Aleshire reported that at 5:00 PM
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.
The City Council convened as the City Council and the Community
Redevelopment Agency at 7:28 PM.
� 6
City Council Minutes
January 5,2005
Page 2
JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
JOINT PUBLIC HEARING:
A. CENTURY VINTAGE HOMES DISPOSITION AND DEVELOPMENT
AGREEMENT— DESERT HIGHLAND GATEWAY INFILL PROGRAM:
John Raymond, Director of Community and Economic Development, provided
background information as outlined in the staff reported dated January 5, 2005.
Mayor Oden opened the Public Hearing the following speaker addressed the City
Council.
CARLOS CUEVA, Century Vintage Homes.
No other speakers coming forward, Mayor Oden closed the Public Hearing.
ACTION: 1) 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; 669-394-006 and 669-413-019; and
authorize the Executive Director to execute necessary documents thereto.
A0490C; and 2) Adopt Resolution No. 21167 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS CONCURRING WITH THE
COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF
A DISPOSITION AND DEVELOPMENT AGREEMENT WITH CENTURY
VINTAGE HOMES FOR THE DEVELOPMENT OF FIVE SINGLE-FAMILY
MODERATE-INCOME HOMES IN THE DESERT HIGHLAND AREA OF
MERGED AREA NO. 1." Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
The City Council adjourned at 7:34 PM to convene as the Community
Redevelopment Agency.
The City Council reconvened at 7:38 PM.
PUBLIC COMMENTS:
JANE SMITH, Palm Springs, spoke about planning issues and presented written
testimony.
ZIVA HILLINGER, Palm Springs, clarified her previous comments on the March 8
Initiative.
JOHN GOODRICH, Palm Springs, commented on the process of Item 17.
VIC GAINER, Palm Springs, spoke about the recent telephone survey being conducted.
City Council Minutes
January 5,2005
Page 3
RHONDA McCUNE, Palm Springs, spoke about a recent article in the Desert Sun
regarding the Airport.
BETTY WILLIAMS, Indio, commented on the upcoming Initiatives on the Ballot.
ROXANN FLOSS, Palm Springs, spoke about recent and past planning issues; airport,
development. Presented a recent article in the Desert Sun.
FRANK GAYDOS, Palm Springs, commented on Measure "B" on the upcoming special
election.
LAURI AYLAIAN, Palm Springs, asked for assistance with problems with the condo
project at Cahuilla and Baristo Road.
GREG DAY, Palm Springs, spoke about the initiatives on the upcoming election.
RAN WYDER, Indian Wells, spoke regarding Measure "B" on the upcoming March 8,
2005 election.
CHARLES SACHS, Palm Springs, expressed concerns regarding noise, traffic, parking
and overcrowding at Toucan's. Presented a letter from Casa de Oro Homeowners
Association.
DARRELL KELLY, Palm Springs, commented on Public Hearing Item 17.
LORI TWIE, Palm Springs, spoke about mountain development.
SAM SPINELLO, Indian Wells, commented on balanced development.
DANA STEWART, Palm Springs, spoke about eco-terrorism vs. eco-tourism.
CONSENT AGENDA:
Councilmember Pougnet requested Item 1, Item 12 and Item 15 be removed from the
Consent Agenda for discussion.
Mayor Pro Tern McCulloch noted his abstention on warrant 1002116 business related.
Councilmember Foat requested Item 1, Item 13, and Item 14 be removed from the
Consent Agenda for discussion.
Councilmember Mills requested Item 1, Item 10, Item 12, and Item 14 be removed from
the Consent Agenda for discussion. He noted his abstention on Item 9 due to property
ownership, and warrants 1002062, 1002063, 1002120 business related.
City Council Minutes
January 5,2005
Page 4
ACTION: Approve Items 2, 4, 5, 6, 7, 8, 9, 11, 15a and 16. Motion Councilmember
Pougnet, seconded by Councilmember Foat and unanimously carried on a roll
call vote.
1. Approving a contract with Maxwell Security, Inc., for security services at the
Downtown Parking Structure and Train Depot in an amount not-to-exceed
$26,000. See Extended Consent Agenda.
2. ACTION: MO 7600 approving reimbursement agreement modification 5 with the
TSA A4736 adding additional funding to the Reimbursement Agreement for the
period from October 1, 2004 to September 30, 2005. A4736. Approved as part
of the Consent Agenda.
3. Amendment 2 to A4821 with Signature Flight Support to allow construction of
additional hangars. A4821. Withdrawn at the request of staff.
4. ACTION: MO 7601 awarding contract to G & M Construction for the new
Employee Parking Lot in the amount of $420,900. A5017. Approved as part of
the Consent Agenda.
5. ACTION: Adopt Resolution No. 21168 approving a Memorandum of
Understanding with the Palm Springs Fire Safety Unit for the period July 1, 2004,
through June 30, 2006. A5018. Approved as part of the Consent Agenda.
6. ACTION: Adopt Resolution Nos. 21169, 21170, 21171 awarding Convention
Center contracts for painting, millwork, and signage to Nick Pecoraro Painting
and Decorating, Arrowwood Works, Inc., and Vomar Products, Inc., in the
amount of $498,000., $97,947., and $70,950. respectively. A5019, A5020, and
A5021. Approved as part of the Consent Agenda.
7. ACTION: MO 7602 approving Amendment 2 to A4597 with Michael E. Fontana &
Assoc. extending the contract for 10-months for Convention Center Owner
Representative Services in the amount of$94,480. A4597. Approved as part of
the Consent Agenda.
8. ACTION: MO 7603 approving a sole-source purchase of Caterpillar engine
repair parts from John Power Systems, in an amount not to exceed $100,000.
Approved as part of the Consent Agenda.
9. ACTION: MO 7604 approving plans, specifications, working details, and
authorizing advertising for construction bids for Camino Amapola and Camino
Primrose street improvement, CP 04-11. Approved as part of the Consent
Agenda, noting the abstention of Councilmember Mills.
City Council Minutes
January 5,2005
Page 5
10. Approving Amendment 1 to A4617 Commercial Cleaning Specialists, Inc.
extending contract for one-year, through December 31, 2005, in the amount of
$74,220.30. A4617. See Extended Consent Agenda.
11. ACTION: Adopt Resolution No. 21172 approving the appointment of one non-
resident, non-registered voter, California licensed landscape architect to the
Planning Commission Architectural Advisory Committee. Approved as part of
the Consent Agenda.
12. Palm Springs Visitors Center conceptual plan for terraced seating area and
landscaping to allow staff to proceed with the final construction plans and bid
process. See Extended Consent Agenda.
13. Establishment of a 401 money purchase plan for the Fire Safety Unit and the
General Unit to be administered by ICMA Retirement Corporation. See
Extended Consent Agenda.
14. Vantagecare Retirement Health Savings (RHS) program, Plan Number 800957,
for the Fire Safety Unit and the General Unit. See Extended Consent Agenda.
15. Executive Order No. 2004-01 proclaiming the existence of a local emergency and
Resolution No. 21175 ratifying the existence of a local emergency, proclaimed by
the City Manager on December 29, 2004. See Extended Consent Agenda.
15a. ACTION: MO 7607 approving a lease agreement with Harmony Airlines for
office and counter space at Palm Springs International Airport. A5027.
Approved as part of the Consent Agenda.
16. ACTION: Adopt Resolution Nos. 21176 and 21177 approving Payroll Warrants
and Claims & Demands. Approved as part of the Consent Agenda, noting
abstentions.
Abstentions:
Councilmember Warrant# Payee Nature of Conflict
McCulloch 1002116 Desert Fire Extinguisher Business Related
Mills 1002062 Animal Medical Hospital Business Related
Mills 1002063 Animal Medical Hospital Business Related
Mills 1002120 Desert Regional Medical Business Related
EXTENDED CONSENT AGENDA:
1. ACTION: MO 7599 approving a contract with Maxwell Security, Inc., for security
services at the Downtown Parking Structure and Train Depot in an amount not-
to-exceed $26,000. A5014. Motion Councilmember Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
City Council Minutes
January 5,2005
Page 6
10. ACTION: MO 7605 approving Amendment 1 to A4617 Commercial Cleaning
Specialists, Inc. extending contract for one-year, through December 31, 2005, in
the amount of$74,220.30. A4617.
David Barakin, City Engineer, provide background information as outlined in the
staff report dated January 5, 2005.
Motion Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote.
12. ACTION: MO 7606 approving the Palm Springs Visitors Center conceptual plan
for terraced seating area and landscaping to allow staff to proceed with the final
construction plans and bid process.
John Raymond, Director of Community and Economic Development, provided
background information as outlined in the staff report dated January 5, 2005.
Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
13. ACTION: Adopt Resolution No. 21173 approving the establishment of a 401
money purchase plan for the Fire Safety Unit and the General Unit to be
administered by ICMA Retirement Corporation.
City Treasurer Kanarr provided background information as outlined in the staff
report dated January 5, 2005.
Motion Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
14. ACTION: Adopt Resolution No. 21174 approving the adoption of the
Vantagecare Retirement Health Savings (RHS) program, Plan Number 800957,
for the Fire Safety Unit and the General Unit.
City Treasurer Kanarr provided background information as outlined in the staff
report dated January 5, 2005.
Motion Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
15. ACTION: 1) Receive and File Executive Order No. 2004-01 proclaiming the
existence of a local emergency; and 2) Adopt Resolution No. 21175 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY PROCLAIMED BY
THE CITY MANAGER ON DECEMBER 29, 2004."
City Council Minutes
January 5,2005
Page 7
Blake Goetz, Fire Chief, and David Barakian, City Engineer, provided a review of
the events that led to the proclamation of a local emergency and current
condition of affected roads.
Motion Councilmember Pougnet, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
The City Council recessed at 8:53 PM.
The City Council reconvened at 9:12 PM.
PUBLIC HEARINGS:
17. TENTATIVE TRACT MAP 31766 — CASE 5.0996 — PD-294 WESSMAN
DEVELOPMENT — CRESCENDO PROJECT 1000 WEST RACQUET CLUB
DRIVE, S OF TRAMWAY ROAD AND W OF VISTA GRANDE AVENUE:
Alex Meyerholf, Principal Planner, provided background information as outlined
in the staff report dated January 5, 2005.
Mayor Oden opened the Public Hearing and the following speakers addressed
the City Council:
JOHN GOODRICH, Palm Springs, commented on the impacts of the stone
crushers and spoke against the project.
ANDY LINSKY, Palm Springs, requested an Environmental Impact and Geo-
Tech reports be prepared and spoke against the project.
MILES BARRETT, Palm Springs, requested an Environmental Impact Report be
prepared and spoke against the project.
RODNEY DREW, Palm Springs, requested an Environmental Impact Report be
prepared and spoke against the project.
JOHN MACON, Palm Springs, requested an Environmental Impact Report be
prepared and spoke against the project.
HOLLY HOLMES, Palm Springs, spoke against mountain development,
commented on traffic impacts, requested an EIR be prepared and spoke against
the project.
SHERYL HAMLIN, Palm Springs, commented on requirements of a PD, spoke
against granting a variance and against the project.
JOHN CAMPBELL, Palm Springs, commented on air quality impacts of the
project.
City Council Minutes
January 5,2005
Page 8
TIM ALBERT, Palm Springs, commented on traffic impacts and noise created
from rock crushing, spoke against the project.
CHARLES SACHS, Palm Springs, commented on the landscape and the vista,
spoke against the project.
TIM O'BAYLEY, Palm Springs, requested an EIR be prepared and spoke against
the project.
The City Council recessed at 10:58 PM.
The City Council reconvened at 11:19 PM.
ACTION: Continue the meeting past the tentatively scheduled 11:00 PM
adjournment time. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried.
SIMON HOUSMAN, Palm Springs, commented on broad polices issues such as
raising or lowing the level of adjoining neighborhoods, spoke against the project.
DANA STEWART, Palm Springs, commented on impacts of the development,
requested an EIR and spoke against the development.
WESLEY COLE, Palm Springs, stated the mountain initiative is poorly written,
outlined the steps in the process.
DONNA KRAUSE, Palm Springs, presented written comments, requested an EIR
be prepared, spoke against the project.
MARTHA HIGGINS, Palm Springs, presented written comments by Monte Stettin
in support of the project.
KIM MCNULTY, Palm Springs, read a letter submitted by Jon Caffery, Palm
Springs Economic Development Corp. in support of the project.
JOAN MARTIN, Palm Springs, commented on the dust created with the rock
crushing, requested an EIR be prepared, spoke against the project.
ATSON REEDER, Palm Springs, commented on the number of rocks, quality of
the project, and the design of the entry into Palm Springs.
ERNEST VINCENT, Palm Springs, commented on the positives of the project,
spoke in support of the development.
RIC SERVICE, Palm Springs, commented on the process of PD coming before
the City Council, stated the development is below the crest.
City Council Minutes
January 5,2005
Page 9
EMILY HEAPHILL, Attorney for the Applicant, stated a series of studies have
been performed to complete the negative-declaration, stated density is less and
110 conditions have been placed on the project, spoke in support of the project.
DENISE HOCTKER, Palm Springs, requested a compromise not an ok of the
project, stated she felt we could do better.
PETER MOEUZZI, Palm Springs, requested an EIR be prepared, spoke against
the project.
JOHN WESSMAN, Palm Springs, explained some of the elements of the project
and requested support of the project.
ROBERT PAUL- ANDERSON, Rancho Mirage, stated it is a quality project,
spoke in support of the project.
MICHAEL BRAUN, Palm Springs, commented on the quality of the project and
stated it is the appropriate best use for the site; spoke in support of the project.
HANS GIRAUX, PALM DESERT, commented on the noise issue, approved
water and dust plan and air quality, spoke in support of the project.
No further speakers coming forward, Mayor Oden closed the Public Hearing.
MOTION: Postpone vote and establish a City Council subcommittee to work with
the developer and neighbors. Motion Councilmember Foat failed for lack of a
second.
The City Council recessed at 12:53 AM.
The City Council reconvened at 1:04 AM.
The City Council outlined concerns and directed staff to return with options,
conditions and/or clarifications: rock crusher and construction noise and impacts,
air quality issues, height issues, photo simulation, slope issue, transition into
existing neighborhoods, view corridor with existing homes on Racquet Club,
impacts to current homes on Vista Grande, walls be softened with boulders,
fences between lots, rolled curbs on north side, formula for 2-story lots, height
measurements with the stepped pads, retaining a certain percentage of rock for
transition landscaping, street sections "v" gutter, alternative pavers possibly at
entrances, retaining walls incorporate boulders, soften the appearance of water
retention areas, fire access, phasing all streetscape improvements with grading,
custom homes on lots over 30,000 square feet, perimeter lots being all one story,
and items requested desirable by the Architectural Advisory Committee.
City Council Minutes
January 5,2005
Page 10
ACTION: Close the public testimony portion of the Public Hearing and continue
the Item to Wednesday, January 19, 2005. Motion Councilmember Foat,
seconded by Councilmember Pougnet and carried on a Roll Call vote:
AYES: Councilmember Foat, Councilmember Mills, Councilmember
Pougnet, and Mayor Oden.
NOES: Mayor Pro Tern McCulloch.
18. TENTATIVE TRACT MAP 32613 BROWN & WEINER — ONE-LOT
CONDOMINIUM MAP NEAR RAMON ROAD AND CALLE PAROCELA — APN
680-071-004:
Tabled to Wednesday, January 19, 2005 at the request of staff.
19. ACQUISITION OF PERMANENT EASEMENT INTERESTS:
David Barakian, Director of Public Works/City Engineer provided background
information as outlined in the staff report dated January 5, 2005.
Mayor Oden opened the Public Hearing and no speakers coming forward the
Public Hearing was closed.
ACTION: 1) Find and determine to be of public interest and necessity to require
acquisition of permanent easement interest in a portion of the property at 1700
Araby Drive, Parcel Map No. 30292; and 2) Adopt Resolution No. 21178 "A
RESOLUION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DECLARING THE PUBLIC INTEREST AND NECESSITY REQUIRE
ACQUISITION OF PERMANENT EASEMENT INTERESTS IN A PORTION OF
THE PROPERTY KNOWN AS 1700 ARABY DRIVE, PALM SPRINGS, CA
PARCEL MAP NO. 30292." Motion Councilmember Pougnet seconded by
Councilmember Mills and unanimously carried on a roll call vote.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: None.
LEGISLATIVE ACTION:
20. DRAFT RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN:
ACTION: Table to Wednesday, January 12, 2005. By consensus of the City
Council.
21. LA PLAZA ORIGINAL DRAWINGS AND PLANS -- DONATION TO DESERT
MUSEUM:
Doug Evans, Director of Strategic Planning, provided background information as
outlined in the staff report dated January 5, 2005.
ACTION: Approve MO 7608 authorizing the City Manager to donate the
original architectural drawings/plans for La Plaza to the Palm Springs Desert
i
City Council Minutes
January 5,2005
Page 11
Museum. Motion Councilmember Mills seconded by Councilmember
Pougnet and unanimously carried.
22. COMPREHENSIVE GENERAL PLAN UPDATE — DRAFT SCOPE OF WORK:
Doug Evans, Director of Strategic Planning, provided background information as
outlined in the staff report dated January 5, 2005.
ACTION: Receive and file the Draft Scope of Work and direct staff to bring a
contract back to City Council on January 12, 2005 for approval. By consensus
of the City Council.
23. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES WITH
WOODRUFF, SPRADLING & SMART:
City Manager Ready provided background information on the contract submitted
to the City Council.
ACTION: Table to Wednesday, January 12, 2005. Motion Councilmember
Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried.
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS AND REQUESTS:
CITY COUNCIL REPORTS AND REQUESTS:
Councilmember Pougnet requested the City Manager address, at a future study
session, the concept of "Green Building," and requested a City driven comprehensive
financial analysis of the Palm Springs Film Festival.
Councilmember Foat requested the meeting be adjourned in memory of Robert T.
Matsui and Shirley Chislom,
Mayor Oden requested the meeting be adjourned in memory of William Stover.
24. HUMAN RIGHTS COMMISSION APPOINTMENT - (1) SHORT TERM ENDING:
JUNE 30, 2006:
City Clerk Thompson provided background information as outlined in the staff
report dated January 5, 2005.
ACTION: Table to January 19, 2005. By consensus of the City Council.
PUBLIC REPORTS OR REQUESTS:
City Council Minutes
January 5,2005
Page 12
DANA STEWART, Palm Springs, commented on development in Little Tuscany and
new development.
STAFF REPORTS OR REQUESTS: None.
25. CITY MANAGER AUTHORIZED AGREEMENTS UNDER $25,000 FOR THE
PERIOD NOVEMBER 19, 2004 TO DECEMBER 22, 2004:
ACTION: Receive and file. By consensus of the City Council.
26. APPOINT TWO COUNCILMEMBERS TO A PUBLIC EDUCATION ADVISORY
COMMITTEE FOR THE MARCH 8, 2005, BALLOT MEASURES:
ACTION: Appoint Councilmember Pougnet and Councilmember Mills. By
consensus of the City Council.
ADJOURNMENT: The City Council adjourned at 2:35 AM on Thursday, January 6,
2005, in memory of Congress Member Robert T. Matsui, Shirley Chislom and
William Stover, to a Special Closed Session Meeting on Thursday, January 6, 2005 at
4:00 PM City Hall Small Conference Room to continue evaluation of the City Manager.
The next City Council study session and adjourned meeting will be on Wednesday,
January 12, 2005 at 7:00 PM, City Hall, Large Conference Room, preceded by a Closed
Session at 5:00 PM, City Hall Small Conference Room.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
2ND DAY OF FEBRUARY, 2005.
Mayor
Attest:
City Clerk
PALM SPRINGS CITY COUNCIL
ADJOURNED MEETING AND STUDY SESSION MINUTES
WEDNESDAY, JANUARY 12, 2005
CITY HALL LARGE CONFERENCE ROOM
CALL TO ORDER: Mayor Oden called the meeting to order at 7:07 P.M.
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
Aleshire, City Clerk Thompson.
PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge.
PUBLIC COMMENTS:
VIC GAINER, Palm Springs, commented about the recent telephone poll being
conducted and spoke in support of Measure B.
TRISHA SANDERS, Palm Springs, spoke against Measure B.
SHELLY SAUNDERS, Palm Springs, spoke against Measure B.
DARYL JAMES, Palm Springs, requested the City Council research if the Post Office
could be placed in the Desert Fashion Plaza.
NANCY STUART, Palm Springs, commented on the Palm Springs Ariel Tramway
programs and spoke against Measure B.
SERGIO SANTO, requested the City Council place taxi reform issues on their agenda.
JIM STUART, Palm Springs, commented on problems other communities are
experiencing with issues similar to Measure B.
FRANK GAYDOS, Palm Springs, thanked City Staff for the response in clearing the
streets, commented on the Film Festival, and spoke in support of Measure B.
WESLEY COLE, Palm Springs, stated Measure B is poorly written; commented on the
planning process.
DANA STEWART, Palm Springs, spoke of the hazards of mountain development.
ERNEST VINCENT, Palm Springs, spoke in opposition of Measure B.
I
City Council Minutes
January 12,2005
Page 2
MARK BRAGG, commented about possible litigation regarding Measure B and the
"taking of property."
DWAYNE ROHRBAUGH, spoke in support of the re-allocation of marketing funds for
the Palm Springs Convention Center.
UNNAMED SPEAKER, stated Measure B is not accurate and includes flatlands.
STUDY SESSION:
The City Council took Study Session Item G.2 out of order.
G.2. DISCUSSION OF CODE COMPLIANCE PROGRAMS:
City Manager Ready provided background information as outlined in the Power
Point presentation dated January 12, 2005.
ACTION: Direct staff to continue to develop the programs and implementation
plans, report on impacts to staffing. By consensus of the City Council.
G.1. DISCUSSION OF ORDINANCE ESTABLISHING OFFICE OF
NEIGHBORHOOD INVOLVEMENT:
City Attorney Aleshire provided background information as outlined in the City
Attorney Memorandum dated January 12, 2005.
ACTION: Direct staff to continue to develop criteria to initialize Neighborhood
Organizations and provide options for a City 501(c)(3) non-profit status. By
consensus of the City Council.
G.3. DISCUSSION OF PRE-OPENING CONVENTION CENTER MARKETING PLAN
BUDGET:
Jim Dunn, General Manager Palm Springs Convention Center, provided
background information as outlined in materials presented to the City Council.
ACTION: Direct staff to return to the City Council with modifications to the
advertising budget as it relates to the "buy-down" or incentive programs. By
consensus of the City Council.
The City Council recessed the Study Session at 9:38 P.M.
The City Council reconvened the Adjourned Meeting at 9:50 P.M.
REPORT OF POSTING OF AGENDA: City Clerk Thompson reported the City Council
Agenda and Study Session Agenda for the January 12, 2005 meeting was posted on
Friday, January 7, 2005 in accordance with established policies and procedures.
City Clerk Thompson announced that the City Council received additional materials for
Items Nos.: 5, 6, 7 and 10.
City Council Minutes
January 12,2005
Page 3
City Clerk Thompson requested the City Council table Consent Agenda Item 3, at the
request of staff.
CLOSED SESSION REPORT: City Attorney Aleshire 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 COMMENTS:
DANA STEWART, Palm Springs, provided written comments to the City Council,
regarding development and the measures on the March 8, 2005 ballot.
CONSENT AGENDA:
Staff requested Item 2 be removed from the Consent Agenda for an update.
ACTION: Approve Items 1 and 4. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
1. ACTION: MO 7609 approving Amendment 2 to A4821 with Signature Flight
Support to allow construction of additional hangars. A4821. Approved as part
of the Consent Agenda.
2. Approval of Budget Amendment Resolution for Emergency Road Repairs by
using $37,000 from General Fund Balance for emergency roadway repairs due to
storm events in December 2004. See Extended Consent Agenda.
3. Amendment 1 to A4043 with Airport Displays LTD, extending the term through
December 2009, for advertising at the airport. A4043. Tabled at the request
of staff.
4. ACTION: MO 7610 authorizing the City Manager to accept Federal Airport
Improvement Program Grant A4021 Amendment 1 in the amount of $185,000.
for a total amount of $2,185,000. A4021. Approved as part of the Consent
Agenda.
EXTENDED CONSENT AGENDA:
2. APPROVAL OF BUDGET AMENDMENT RESOLUTION FOR EMERGENCY
ROAD REPAIRS FROM GENERAL FUND BALANCE:
David Barakian, City Engineer, provided background information as outlined in
the staff report dated January, 12, 2005. City Engineer Barakian provided an
update, stating that due to the additional rains this week the amount required
needed to be adjusted upward to $347,000 to repair the streets and golf courses.
City Council Minutes
January 12,2005
Page 4
Blake Goetz, Fire Chief, provided an update on the City Council's proclamation
of the disaster and information on the activities at the County and State level.
ACTION: Adopt Resolution No. 21179 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE BUDGET FOR
THE 2004-05 FISCAL YEAR" by using $347,000 from General Fund Balance for
emergency roadway repairs due to storm events in December 2004. Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote.
LEGISLATIVE ACTION:
5. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES WITH
WOODRUFF, SPRADLING & SMART:
City Manager Ready provided background information on the contract presented
to the City Council for legal services.
ACTION: MO 7611 Approving an agreement with Woodruff, Spradling & Smart
for City Attorney services. A5022. Motion Mayor Pro Tem McCulloch,
seconded by Councilmember Pougnet and unanimously carried on a roll
call vote.
6. DOWNTOWN URBAN DESIGN COMMITTEE:
City Manager Ready provided background information as outlined in the staff
report dated January 12, 2005.
ACTION: Receive and file Staff Report. Motion Councilmember Pougnet,
seconded by Mayor Pro Tem McCulloch and unanimously carried.
7. DRAFT RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN:
Jing Yeo, Principle Planner, provided background information as outlined in the
staff report dated January 12, 2005.
ACTION: 1) Receive and file the Draft Riverside County Airport Land Use
Compatibility Plan; and 2) Adopt Resolution No. 21180 "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DIRECTING THE CITY
MANAGER TO PREPARE A WRITTEN RESPONSE TO THE RIVERSIDE
COUNTY AIRPORT LAND USE COMPATIBILITY PLAN." Motion
Councilmember Mills, seconded by Mayor Pro Tem McCulloch and
unanimously carried on a roll call vote.
8. OPPOSING MEASURE "B" ON THE MARCH 8, 2005 SPECIAL ELECTION:
City Attorney Aleshire provided background information on Measure B.
ACTION: Adopt Resolution No. 21181 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS OPPOSING THE MOUNTAIN
City Council Minutes
January 12,2005
Page 5
REGION INITIATIVE." Motion Mayor Pro Tern McCulloch, seconded by
Councilmember Mills and carried on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
McCulloch and Mayor Oden.
NOES: None.
ABSTAIN: Councilmember Foat.
ACTION: Continue the meeting past the tentatively scheduled 11:00 P.M. adjournment
time. Motion Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried.
9. SUPPORTING MEASURE "C" ON THE MARCH 8, 2005 SPECIAL ELECTION:
City Attorney Aleshire provided background information on Measure C.
ACTION: Adopt Resolution No. 21182 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS SUPPORTING ITS PRIOR
DECISION APPROVING RESOLUTION NO. 20994 AMENDING THE GENERAL
PLAN FOR THE PALM HILLS AREA." Motion Mayor Pro Tern McCulloch,
seconded by Councilmember Mills and carried on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern
McCulloch and Mayor Oden.
NOES: Councilmember Foat.
ABSTAIN: None.
10. COMPREHENSIVE GENERAL PLAN UPDATE —AWARD AGREEMENT:
Doug Evans, Director of Strategic Planning, provided background information as
outlined in the staff report dated September 12, 2005.
ACTION: MO 7612 Approving an agreement with The Planning Center, for
comprehensive general plan update consulting services, in an amount not to
exceed $933,023, subject to final review by City Attorney. A5023. Motion
Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
ADDED STARTERS: None.
REPORTS AND REQUESTS:
a. City Council reports or requests.
Mayor Oden announced the Martin Luther King Day activities.
b. Public reports or requests.
None.
City Council Minutes
January 12,2005
Page 6
C. City Staff reports or requests.
None.
ADJOURNMENT: The City Council adjourned at 11:43 P.M. to their next Regular
Meeting, Wednesday, January 19, 2005 at 7:00 P.M., City Council Chambers, preceded
by a Closed Session at 4:30 P.M., City Hall Small Conference Room, 3200 East
Tahquitz Canyon Way.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2nd
DAY OF FEBRUARY, 2005.
Mayor
Attest:
City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JANUARY 19, 2005
CITY COUNCIL CHAMBERS
CALL TO ORDER: Mayor Oden called the meeting to order at 7:13 P.M.
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
Aleshire, City Clerk Thompson, City Treasurer Kanarr.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard.
INVOCATION: Rev. Terry Scott, Ministerial Intern, Palm Springs Spiritual
Enrichment Center led the Invocation.
PRESENTATIONS:
Terri Neuenswandr, Riverside County presented Riverside County Fair Date Festival
Queen and her Court and they invited the City Council and the Public to the Riverside
County Fair.
Tom Anthony, Federal Security Director, Transportation Security Authority, presented
Friendship Awards to the Police Officers at the Palm Springs International Airport in
recognition of their service.
Mayor Oden presented a commendation to Nate Brewer for the Community Clean-up by
Shepherd of the Valley Lutheran Church Group.
Mayor Oden presented a proclamation to City Attorney Aleshire for his years of service
and proclaimed January 19, 2005 as David Aleshire Day in the City of Palm Springs.
REPORT OF POSTING OF AGENDA: City Clerk Thompson reported that the City
Council Agenda for the January 19, 2005 meeting was posted on Friday, January 14,
2005 in accordance with established policies and procedures.
City Clerk Thompson announced that the City Council received additional materials
from staff on Items Nos. 13, 14 and 21, and additional written public testimony for Item
Nos. 17 and 19.
City Clerk Thompson requested the City Council table Consent Agenda Item 15 at the
request of staff.
CLOSED SESSION REPORT: City Attorney Aleshire reported that at 5:00 PM 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. k
City Council Minutes
January 19,2005
Page 2
PUBLIC COMMENTS:
HAROLD STONE, Palm Springs, commented on excessive noise from helicopter and
other air-traffic noise.
ANDY LINSKY, Palm Springs, spoke against Public Hearing Item 19 and requested an
EIR be prepared and read a letter from Lawrence A. Cone, M.D.
JOHN GOODRICH, Palm Springs, spoke against the rock crushers proposed on Public
Hearing Item 19, read a letter into the record from resident at 450 Bogert Trail.
VIC GAINER, Palm Springs, stated there will be lawsuits with the Measures on the
March 8, 2005 ballot, but they will not prevail.
JANE SMITH, Palm Springs, stated the research on Public Hearing Item 19 is five-years
old and should not be used, expressed concerns about air-quality; requested EIR.
PAUL CRIPPAN, Palm Springs, requested an EIR be prepared in relation to Public
Hearing Item 19.
CHARLES SACHS, Palm Springs, requested assistance on noise and traffic problems
at Toucan's; read a letter from Roxanne Ploss regarding Public Hearing 19.
NICHOLAS HORD, commented that he works at the Spa Casino and has to receive
public assistance with health insurance, as the Casino does not provide this benefit.
MALLIKA ALBERT, Palm Springs, spoke against Public Hearing Item 19, and requested
an EIR be prepared, expressed concerns about air-quality with the rock crushers.
MATILDE JONES, Palm Springs, expressed concerns with hillside developers, spoke in
support of Measure B and against Measure C on the March 8, 2005 Special Election.
JOSE ANTONIO-FLORES, stated he works at the Spa Casino, which is now charging
employees for health insurance, stated he cannot afford to pay for healthcare.
SARAH VALDEZ, stated she works at a casino in San Diego County and other Indian
Casinos should have organized labor unions.
FRANCISCO BARAJAS, Fallbrook, spoke in support of the workers at Agua Caliente
Casino.
MAGDALENA MOALES, Fallbrook, spoke in support of the workers at Agua Caliente
Casino and the right to have organized labor unions.
GLADYS KRENCK, Palm Springs, spoke against Public Hearing Item 19 for health
reasons and the blight by tract housing on the mountain slopes.
City Council Minutes
January 19,2005
Page 3
GRACIELA HUESO, Palm Springs, stated she works at the Spa Casino, commented on
the working conditions which do not offer health insurance.
LIN JUNIPER, Southern California Edison, spoke about recent power outages in Palm
Springs and the surrounding areas during storm conditions in the last two weeks, and
the corrective actions that SCE has taken.
FRANK GAYDOS, Palm Springs, stated the City has bypassed the EIR process on
Public Hearing Item 19; stated his support for Measure B and opposition to Measure C.
JIM STUART, Palm Springs, spoke against the Neighborhood Organization programs
and ordinance, requested it be delayed until the City's finances are positive.
CATHERINE McMILLAN, Palm Springs, commented on the progress of the Desert
Fashion Plaza and the makeup of the Downtown Urban Design Committee.
STEVE NICHOLS, Palm Springs, President Palm Springs Historical Society, announced
an upcoming event celebrating 50 years of the Society; and commented on the Martin
Luther King Day celebrations.
NICKI McLAUGHLIN, Palm Springs, spoke against Public Hearing Item 19 and
requested an EIR be prepared.
DANA STEWART, Palm Springs, spoke against Public Hearing Item 19 and requested
an EIR and fiscal impact report be prepared.
ATSON REEDER, spoke in opposition to Public Hearing Item 19.
ERNEST VINCENT, Palm Springs, spoke in opposition to Measure B and in support of
Measure C on the March 8, 2005 Special Election.
EMILY HEMPHILL, representing the Applicant in Public Hearing Item 19, commented
on rock crushers, air-quality tests and standards; stated the lots are larger and an EIR is
not legally required.
SHEILA GRATTAN, Palm Springs, commented on the member of the public holding
signs in view of the camera.
HAROLD BAUMEA, Palm Springs, spoke against Measure B on the upcoming March 8,
2005 Special Election.
JUDY SUMICH, Palm Springs, spoke against Public Hearing Item 19, thanked City
Attorney Aleshire for his service to the City.
The City Council recessed at 9:04 P.M.
City Council Minutes
January 19,2005
Page 4
The City Council reconvened at 9:17 P.M.
CONSENT AGENDA:
Councilmember Mills abstained on Warrant Nos. 1002408, 1002469, and 1002638.
Staff Reports were presented on Items Nos. 2, 3, 6, 10.
ACTION: Approve Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 16. Motion
Councilmember Mills, seconded by Councilmember Foat and unanimously
carried on a roll call vote.
1. ACTION: Approve the November 3, 2004 City Council Minutes. Approved as
part of the Consent Agenda.
2. ACTION: MO 7613 approving the purchase of a replacement vehicle for the Fire
Department from Ramsey Ford in the amount of $31,750.82 from Ramsey Street
Ford. Approved as part of the Consent Agenda.
3. ACTION: MO 7614 approving the purchase of seven (7) entry and directional
signs from Wausau Tile for the entrances to Ruth Hardy Park, Victoria Park, and
Sunrise Plaza in an amount not to exceed $36,087.36. Approved as part of the
Consent Agenda.
4. ACTION: MO 7615 rescinding MO 7545 and approving the purchase of one
dedicated CNG Silverado truck for $39,957.22. Approved as part of the
Consent Agenda.
5. ACTION: Continuation of declared local emergency proclaimed on December
29, 2004 and Adopt Resolution No. 21183 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS CONTINUING THE EXISTENCE
OF A LOCAL EMERGENCY." Approved as part of the Consent Agenda.
6. ACTION: MO 7616 approving Amendment 1 of A4779 with International Trade
Consultants for a one-year extension for operating a general purpose zone site in
Foreign Trade Zone #236. A4779. Approved as part of the Consent Agenda.
7. ACTION: MO 7617 approving Amendment 1 to A4922 with Simat, Heilliesen &
Eichner, Inc. for business development marketing services through June 30,
2005 in the amount of $75,000. A4922. Approved as part of the Consent
Agenda.
8. ACTION: Adopt Resolution No. 21184 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS APPROVING AN EXTENSION
OF BENEFITS WITH THE PALMS SPRINGS FIRE SAFETY UNIT ("PSFSU")
FOR ENHANCED MILITARY LEAVE BENEFITS IN SUPPORT OF THE
City Council Minutes
January 19,2005
Page 5
DECLARATION OF WAR ON TERRORISM. Approved as part of the Consent
Agenda.
9. ACTION: Adopt Resolution No. 21185 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE
DISSOLUTION OF THE PUBLIC FACILITIES CORPORATION." Approved as
part of the Consent Agenda.
10. ACTION: Adopt Resolution No. 21186 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS ESTABLISHING A NEW CITY
ACCOUNTING FUND TO BE NAMED QUIMBY ACT PARK FEE FUND."
Approved as part of the Consent Agenda.
11. ACTION: MO 7618 approving Amendment 6 to A4487 with VSA Airports for
additional engineering services for airfield improvements, commuter apron
rehabilitation, new employee parking lot, and security improvements in the
amount of$243,000. A4487. Approved as part of the Consent Agenda.
12. ACTION: Receive and file Treasurer's Investment Report as of November 30,
2004. Approved as part of the Consent Agenda.
13. ACTION: Adopt Resolution No. 21187 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS SUPPORTING THE PROGRAMS
AND SERVICES PROVIDED BY THE FOUNDATION FOR THE RETARDED OF
THE DESERT." Approved as part of the Consent Agenda.
14. ACTION: MO 7619 approving a request from the Volunteer Center of Riverside
County to provide funding in an amount not-to-exceed $5,564.91 for Countywide
211 Service. Approved as part of the Consent Agenda.
15. 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. Tabled at the request of Staff.
16. ACTION: Adopt Resolution Nos. 21188 and 21189 approving Payroll Warrants
and Claims and Demands. Approved as part of the Consent Agenda, noting
abstentions.
Abstentions
Councilmember Warrant# Payee Nature of Conflict
Mills 1002408 Animal Medical Hospital Business Related
Mills 1002469 Desert Regional Med. Ctr. Business Related
Mills 1002638 Chris Mills Business Related
EXTENDED CONSENT AGENDA: None.
City Council Minutes
January 19,2005
Page 6
PUBLIC HEARINGS:
17. APPEAL — CASE 5.1012 — PD-300 — TTM 31104 — 640 NORTH INDIAN
CANYON DRIVE — ZONE R-3, SECTION 11 — APN 507-183-006 — SPANISH
INN (CONTINUED FROM DECEMBER 1, 2004) :
Mathew Feske, Principal Planner, provided background information as outlined in
the staff report dated January 19, 2005.
Mayor Oden opened the Public Hearing, and the following speakers addressed
the City Council:
CATHERINE McMILLAN, Palm Springs, stated the property is not in good
condition and downgrading the community, spoke against the building of
condominiums at this location.
SKIP GOODELL, Cathedral City, presented the City Council with an alternative
resolution requesting approval of the project.
GRAHAM YOUNG, Palm Springs, spoke against the project, stated the owner
has violated the agreement with the City, and the property is blighted.
DAVID MILOT, Palm Springs, spoke against the project, stated the property is
blighted and the owners do not deserve special consideration.
JIM FRANKLIN, Palm Springs, spoke in support of the project to save one of the
Historic Inns in the area.
TAMMY FRANKLIN, Palm Springs, stated the setbacks are in-line, outlined the
features of the project and spoke in support of the project.
NEJAT KOHAN, Applicant, stated the Spanish Inn is a unique historic hotel that
need special considerations which should be approved. He stated this process
has taken three-years, and the owners are committed to completing the project in
two-years.
JOE LUISI, spoke in support of the project and the mixed use to retain the
historic value of the property.
DANA STEWART, spoke in support of the Spanish Inn Project with the mixed
use development and restoration.
No further speakers coming forward, Mayor Oden closed the Public Hearing.
City Attorney Aleshire provided an update to the City Council in respect to the
current code enforcement violations and actions.
City Council Minutes
January 19,2005
Page 7
The City Council recessed at 10:18 P.M.
The City Council reconvened at 10:24 P.M.
Due to a possible conflict of interest, no action was taken by the City Council.
Staff to re-notice a Public Hearing for Wednesday, February 16, 2005.
18. TENTATIVE TRACT MAP 32613 BROWN & WEINER — ONE-LOT
CONDOMINIUM MAP NEAR RAMON ROAD AND CALLE PAROCELA — APN
680-071-004:
Mathew Feske, Principal Planner, provided background information as outlined in
the staff report dated January 19, 2005.
Mayor Oden opened the Public Hearing, and the following speakers addressed
the City Council:
ROBERT RICCIARDI, representing the Applicant, spoke in support of the project
and keeping the traffic in the interior of the complex allowing more than ample
parking.
No further speakers coming forward, Mayor Oden closed the Public Hearing.
ACTION: Adopt Resolution No. 21190 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS APPROVING TENTATIVE
TRACT MAP 32613, FOR ONE LOT SUBDIVISION OF APPROXIMATELY 5.66
ACRES OF LAND FOR 21 CONDOMINIUM UNITS, LOCATED NEAR RAMON
ROAD AND CAMINO PAROCELA, P ZONE, SECTION 19 APN 680071004"
amending the Public Hearing Date in the Resolution to January 19, 2005 and
adding one condition of approval with regard to basin retention requirements.
Motion Councilmember Pougnet, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
19. TENTATIVE TRACT MAP 31766 — CASE 5.0996 — PD-294 WESSMAN
DEVELOPMENT — CRESCENDO PROJECT 1000 WEST RACQUET CLUB
DRIVE, S OF TRAMWAY ROAD AND W OF VISTA GRANDE AVENUE
(CONTINUED FROM JANUARY 5, 2005):
Alex Myerhoff, Principal Planner, provided background information as outlined in
the staff report dated January 19, 2005.
The public testimony portion of the public hearing was closed on January 5,
2005.
The City Council outlined concerns and discussed the various components to the
development and the mitigations: rock crushing, rock breaking; noise and dust
impacts, potential alternatives to rock crushing; height, one vs. two story units;
parameter of project with existing neighborhoods; temporary berm and distance
City Council Minutes
January 19,2005
Page 8
from rock crushing activities; compliance with the Design Review Committee's
request for photo simulations; possible request that an Environmental Impact
Report be prepared; possible request for additional information/studies on the
impacts to the neighborhood; underground utilities; cul-de-sac radius in hillside
development; width of Racquet Club road; drainage issues; requirements of
"right-of-zone" vs. the Planned Development District (PDD); extension of this
development as an infill project into the current neighborhood; signage within the
development; color curbing; pavers or specialized concrete at entrances, parking
and street signs.
ACTION: Continue the meeting past the tentatively scheduled 11:00 P.M. adjournment
time. Motion Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried.
ACTION: Adopt Resolution No. 21191 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND
APPROVAL OF CASE NO. 5.0996 FOR PLANNED DEVELOPMENT DISTRICT
294 (PD-294) AND TENTATIVE TRACT MAP 31766 FOR THE
CONSTRUCTION OF A 79-UNIT SINGLE FAMILY RESIDENTIAL
DEVELOPMENT, LOCATED AT 1000 WEST RACQUET CLUB DRIVE, WEST
OF VISTA GRAND, SOUTH OF TRAMWAY ROAD, ON APN 594040046, ZONE
R-1-A, SECTION 3" amending the Resolution by: (1) deleting the paragraphs
indicating the City Council formed a subcommittee, and (2) correct date of
October 15, 2003 for the tentative tract map submissions. Modifying or adding
conditions of approval to include: (1) condition 25 deleting option 1,
incorporating options 2 and 3, and modifying option 2 that dominate roof
ridgelines shall not exceed 18 feet, but projections can be up to 21 feet; (2)
adding a condition that rocks over 3 feet in diameter shall not be crushed on-site;
(3) adding a condition no rock-breaking equipment shall be on-site and rock
crushing shall include on-site watering as necessary to mitigate dust; (3) Adding
a mitigation monitoring condition that weekly inspections shall be performed by
the Building Official on the rock crushing operations, at the option of the Building
Official or if compliance issues are discovered, the Applicant may be required to
post a $10,000. deposit which will be drawn-down to cover the cost of
independent expert inspections in the area of rock crushing and such deposit
shall be supplemented by the Applicant as it is drawn-down; (4) adding a
condition in-lieu of a 4-lane roadway on Racquet Club, a 2-lane road may be
approved the City Engineer, along with a special street landscape plan approved
by the Director of Planning; the Applicant shall provide an appropriate deposit to
install the full street upon subsequent requirement or the deposit shall be
refunded if a full street is not required; (5) condition 45 shall read the "future"
general plan; (6) condition 63 shall delete the concrete, and require the on-site
streets to be constructed using decorative colored concrete or pavers subject to
the review and approval by the Planning Commission; (7) condition 64 shall be
amended to allow alternate methods such as parking signs at the entrance to
City Council Minutes
January 19,2005
Page 9
development subject to approval by the City Engineer; (8) conditions 101 and
102 shall allow the Applicant to creates a sign system reflective of the
neighborhood and area, not necessarily the current city standards, subject to the
approval of the City Engineer. Motion Councilmember Mills, seconded by
Mayor Oden and carried on a roll call vote:
AYES: Councilmember Mills, Mayor Pro Tern McCulloch, Mayor Oden.
NOES: Councilmember Foat and Councilmember Pougnet.
ABSTAIN: None.
COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS:
Mayor Oden requested that staff place an item on a future agenda for CVA meeting
extending the boundaries to include the Morango Cabizon Outlets.
Mayor Pro Tern McCulloch commented on the public comments made outside the
subject matter jurisdiction of the City Council; the public signs on the camera at the
meeting and mocking from the public.
LEGISLATIVE ACTION:
20. PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF
EASEMENT:
ACTION: MO 7620 Approving an agreement for placement of artwork on private
property and grant of easement between the City of Palm Springs and the Agua
Caliente Development Authority (ACDA), and reimbursement of art fee in the
amount of $9,300. A5028. Motion Councilmember Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
ADDITIONAL LEGISLATIVE ITEMS: None.
ADDED STARTERS: None.
REPORTS & REQUESTS:
A. CITY COUNCIL REPORTS OR REQUESTS:
Mayor Oden reported on the recent delegation of Korean Governors at City Hall.
Councilmember Foat requested the City Manager investigate and report on
helicopter activity; commented on the Neighborhood Organization proposal and
ordinance.
Mayor Oden commented on the Martin Luther King Day celebrations throughout
the City.
City Council Minutes
January 19,2005
Page 10
B. PUBLIC REPORTS OR REQUESTS:
DANA STEWERT, Palm Springs, reiterated her earlier comments regarding Item
19 on the Agenda.
C. STAFF REPORTS OR REQUESTS: None.
21. HUMAN RIGHTS COMMISSION APPOINTMENT:
ACTION: Appoint Barbara Barrett to the Human Rights Commission for the un-
expired term ending June 30, 2006. Motion Councilmember Mills, seconded
by Mayor Pro Tern McCulloch and unanimously carried.
22. RESIGNATION OF PLANNING COMMISSIONER:
ACTION: 1) Accept letter of resignation from Jerry Grence; and 2) Direct the
City Clerk to post a Notice of Vacancy. Motion Councilmember Mills,
seconded by Councilmember Pougnet and unanimously carried.
23. DESIGNATE TWO COUNCILMEMBERS TO A CITY MANAGER'S
DOWNTOWN URBAN DESIGN COMMITTEE:
ACTION: Designate Councilmember Pougnet and Councilmember Mills to the
City Manager's Downtown Urban Design Committee. Motion Councilmember
Pougnet, seconded by Mayor Pro Tern McCulloch and unanimously carried.
ADJOURNMENT: The City Council adjourned at 12:38 A.M. on January 20, 2005 to a
Joint meeting of the City Council and the Agua Caliente Tribal Council on Thursday,
January 20, 2005 at 6:00 P.M., Palm Springs Convention Center, Springs Room. The
next City Council study session will be at 7:00 P.M. on Wednesday, January 26, 2005 at
7:00 P.M., City Hall, Large Conference Room, preceded by a Closed Session at 5:00
PM, City Hall, Small Conference Room.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2nd
DAY OF FEBRUARY, 2005.
Mayor
Attest:
City Clerk
PALM SPRINGS CITY COUNCIL
JOINT MEETING MINUTES
WITH THE AGUA CALIENTE TRIBAL COUNCIL
THURSDAY, JANUARY 20, 2005, 6:00 P.M.
CONVENTION CENTER, SPRINGS ROOM
1. CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M.
2. ROLL CALL: CITY COUNCIL
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.
3. REPORT ON POSTING OF THE AGENDA:
City Clerk Thompson stated that the City Council Agenda for the January 20, 2005
meeting was posted on Monday, January 17, 2005 in accordance with established
policies and procedures.
4. TRIBAL COUNCIL ROLL CALL:
PRESENT: Members Gonzales-Lyons, Patencio, and Chair Milanovich.
ABSENT: Members Gonzales-Norte and Prieto-Dodd.
5. INTRODUCTIONS:
Mayor Oden introduced the Members of the City Council and staff.
Chair Malanovich introduced the Tribal Council and staff.
6. PUBLIC COMMENTS: None.
7. DISCUSSION ITEMS:
A. Transportation Issues:
1. Belardo Road Bridges.
Tom Davis, Tribal Government Chief Planning Officer, provided
background information and timeline; he stated the full EIR document
should be to final public review in early 2006, with a completion date
in 2008.
Discussion was held regarding the delays due to burial sites and
engineering designs and the Environmental Review process linked to
traffic analysis.
Discussion was held regarding the funding of the project with the
Tribal Government to build/fund the visitors center, and the City was
to fund the bridge and the creation of the City Assessment District
funding system. Additionally noted was the possible short-fall of
k
Palm Springs City Council
Ague Caliente Tribal Council
Joint Meeting Minutes
January 20,2005
Page 2
funds as the grants-were in 2001 dollars and by the time the project
goes out-to-bid it will be in 2006.
Discussion was held regarding the bridge being a 4-lane or a 2-lane
bridge and the possible changes to Belardo Road becoming widened
as the City reviews the General Plan and the Desert Fashion Plaza is
developed.
2. South Palm Canyon Bridge.
Marcus Fuller, Assistant City Engineer, provided background
information, and provided the HBRR Grant Application and Timeline.
Discussion was held regarding the delaying of the grant and the inter-
agency issues between the Federal Government and Caltrans.
Caltrans has responded and is requesting the original grant and forms
be revised to be consistent with recent changes to the Caltrans forms.
After the approval to proceed, City Staff will be in a position to solicit
proposals from environmental and design consultants.
B. Financial Issues:
1. Report on Special Gaming Distribution Fund.
David Ready, City Manager, presented an Analysis of the Indian
Gaming Special Distribution Fund.
Police Chief Gary Jeandron and Fire Chief Blake Goetz provided an
update on the community enhancements and programs being funded
by the Gaming Distribution Fund.
Discussion was held regarding State changes to the fund, and the
Tribal Government expects the funds will continue to decrease as the
number of tribes that sign new compacts with the State, no longer will
contribute to this fund.
C. Other Issues:
1. Joint City/Tribal Public Outreach Program.
Tom Davis, Tribal Government Chief Planning Officer, provided
background information and provided the City Council and Tribal
Council a copy of materials presented to City Staff.
Discussion was held regarding future developments and suggestions
to the program, such as a video presentation at the Airport and the
Museum; and the importance of presenting to the public the long
history of the Tribe along with the future plans.
Palm Springs City Council
Ague Caliente Tribal Council
Joint Meeting Minutes
January 20,2005
Page 3
2. Lobby Efforts of Mutual Interest.
Tom Davis, Tribal Government Chief Planning Officer, stated that the
Tribal Government has hired a new lobby firm in Washington.
Projects identified: continued effort on the Belardo Bridge, Interstate
10/Indian Avenue and Interstate 10/Gene Autry Interchange,
Assistant City Manager Troy Butzlaff briefed the City Council and
Tribal Council on new City efforts to obtain the services of a grant
writing firm,which could research and write grants for programs within
the mutual interest of both organizations.
Discussion was held regarding traffic concerns, Downtown pedestrian
friendly atmosphere, Area 14 shuttles, General Plan revision, Palm
Springs Convention Center and Spa Casino reconfigurations.
8. IDENTIFICATION OF FUTURE AGENDA ITEMS:
Grant Opportunities.
Report on Desert Fashion Plaza Development.
Lobby Efforts of Mutual Interest.
9. ADJOURNMENT: The City Council adjourned at 7:41 P.M. to a City Council Study
Session and Regular/Adjourned meeting at on Wednesday, January 26, 2005 at
7:00 P.M., City Hall, Large Conference Room, preceded by a Closed Session at
5:00 P.M., City Hall, Small Conference Room.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 2nd
DAY OF FEBRUARY, 2005
Mayor
Attest:
City Clerk
PALM SPRINGS CITY COUNCIL
STUDY SESSION AND ADJOURNED MEETING MINUTES
WEDNESDAY, JANUARY 26, 2005
CITY COUNCIL CHAMBERS
CALL TO ORDER: Mayor Oden called the meeting to order at 7:05 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 reported the City Council Agenda for the January 26, 2005
meeting was posted on Friday, January 21, 2005 in accordance with established
policies and procedures.
City Clerk Thompson stated that the City Council received additional materials from staff
for Item Nos. 1 and 2, and additional public testimony for Item No. 3.
City Clerk Thompson requested an Urgency Item be added to the Agenda as Item No. 4
regarding budget amendment for emergency roadway repairs.
ACTION: 1) Make the finding that there is an immediate need to take action and the
need for action came to the attention of the City after the Agenda was posted; and (2)
Add Urgency Item No. 4 to the Agenda titled: 'PROPOSED RESOLUTION AMENDING
THE BUDGET FOR THE 2004-05 FISCAL YEAR," by using $90,000 from General
Fund Balance for emergency roadway repairs due to the storm events in December
2004 and January 2005. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
City Clerk Thompson requested the City Council remove Item 3 from the Agenda and
table.
CLOSED SESSION REPORT: 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 COMMENTS:
VIC GAINER, Palm Springs, commented on the signs in City Council Chambers and the
recent debate regarding Measure B on the upcoming election.
CAROL SUCMAN, Palm Springs, spoke against mountain development; stated she is
opposed to the use of taxpayer funds for public outreach on election matters. I I
City Council Minutes
January 26,2005
Page 2
RICHARD SIFTMAN, Palm Springs, stated opposition to the use of taxpayer funds for
public outreach and education on election matters.
JOHN MILNER, Palm Springs, spoke in support of the City Council's visioning efforts;
urged the City Council not to spend taxpayer dollars on election outreach.
TRISHA SANDERS, Palm Springs, spoke in opposition to Measure B.
FRANK DAVIS, Palm Springs, spoke in support of the visioning process and the open
communication process of City government; in opposition to hillside development.
JOAN MARTIN, Palm Springs, spoke in support of protecting the hillside vistas through
the visioning process; commented on landscaped medians.
ELLEN BRANNIGAN, Palm Springs, commented on the lifestyle in Palm Springs; spoke
against hillside development.
JERRY BETZ, Palm Springs, commented on the City budget; stated the City Council
has overlooked the work of the Budget Task Force.
JAMES CRIPPAN, Palm Springs, requested the City Council donate funds to 'Save our
Mountains' Committee.
ERNEST VINCENT, Palm Springs, commented on a visioning process that fosters unity
within the community; stated his opposition to Measure B.
STUDY SESSION ITEMS:
1. CITY STRATEGIC PLANNING AND VISIONING:
City Manager Ready provided background information from the preceding
community visioning sessions.
Duane Knapp, Facilitator, provided background information from the previous
visioning sessions with the community and City Council, and presented a Draft
Vision Statement.
Discussion was held on the draft vision statement:
1. Palm Springs aspires to be a unique world class desert community.
2. Our residents and visitors enjoy our high quality of life and the fun, festive,
relaxing experience.
3. We desire to balance our natural, cultural and historical resources with
responsible, sustainable economic growth and to enhance our natural
beauty.
4. We are committed to providing responsive, efficient, unmatched customer
service in an environment of sound fiscal management.
City Council Minutes
January 26,2005
Page 3
ACTION: Direct the City Council sub-committee to incorporate the following
modifications and concepts into the vision statement: Statement 2, reword the
term "fun and festive;" Statement 3 remove 'natural' from the first part of the
statement; Statement 4 incorporate the concept of fostering unity; Statement 4
remove 'unmatched;' Statement 4 streamline and/or generalize the entire
statement. By consensus of the City Council.
Discussion was held regarding the summary of prior Councilmember and
community comments in the Strategic Planning process: (1) Vibrant
Downtown/uptown; (2) World-Renowned Tourism Destination; (3) Responsible
Balanced Growth and Development; (4) Quality Relationships; and (5) Effective
and Efficient City Services.
ACTION: Create sub-committees to address the programs and concepts that fall
within each goal in the vision statement. By consensus of the City Council.
1. Vibrant Downtown/Uptown:
Councilmember Pougnet and Councilmember Mills.
2. World-Renowned Tourism Destination:
Mayor Olden and Councilmember Pougnet.
3. Responsible Balanced Growth and Development:
Mayor Pro Tern McCulloch and Councilmember Foat.
4. Quality Relationships:
Councilmember Foat and Councilmember Mills.
5. Effective and Efficient City Services:
Mayor Oden and Mayor Pro Tern McCulloch.
The City Council recessed at 8:27 P.M.
The City Council reconvened at 8:37 P.M.
ADJOURNED REGULAR MEETING ITEMS:
2. PROPOSED RESOLUTION REQUESTING THAT THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE EXTEND THE
COMMENT PERIOD ON THE DRAFT COACHELLA VALLEY MULTI-SPECIES
HABITAT CONSERVATION PLAN:
City Manager Ready provided background information on the proposed
resolution.
City Council Minutes
January 26,2005
Page 4
ACTION: Adopt Resolution No. 21192 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS REQUESTING THAT THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE
COMMITTEE EXTEND THE COMMENT PERIOD ON THE DRAFT
COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN
AND RELATED DOCUMENTS FOR AN ADDITIONAL 45 DAYS TO
FACILITATE PUBLIC REVIEW AND INPUT." Motion Councilmember Mills,
seconded by Councilmember Foat and unanimously carried.
3. CITY ATTORNEY TO PREPARE A CONTRACT SERVICES AGREEMENT
WITH WILLIAM BERRY CAMPAIGNS FOR PUBLIC OUTREACH AND
STRATEGIC COMMUNICATIONS CONSULTING SERVICES IN AN AMOUNT
NOT-TO-EXCEED $88,000.00:
Tabled at the request of staff.
4. URGENCY ITEM PROPOSED RESOLUTION AMENDING THE BUDGET FOR
THE 2004-05 FISCAL YEAR BY USING $90,000. FROM GENERAL FUND
BALANCE FOR EMERGENCY ROADWAY REPAIRS DUE TO THE STORM
EVENTS IN DECEMBER 2004 AND JANUARY 2005:
David Barakian, City Engineer, provided an update; stated that due to the
additional rains the amount required for emergency cleanup and repairs need to
be adjusted upward to $90,000.
ACTION: Adopt Resolution No. 21193 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE BUDGET FOR
THE 2004-05 FISCAL YEAR." Motion Councilmember Pougnet, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS/INTERAGENCY REPORTS:
Mayor Oden announced the City Council attended a Joint Meeting with the Agua
Caliente Tribal Council on January 20, 2005; he met with the Government and MAC
Center Officials of Austria on January 21, 2005; Councilmember Foat attended the
Riverside County Transportation Commission Meeting; Councilmember Mills attended
the Coachella Valley Association of Governments meeting regarding the Multi-Species
Conservation Plan.
Councilmember Mills provided a report on the recent Coachella Valley Association of
Governments meeting on the Multi-Species Conservation Plan.
REPORTS AND REQUESTS:
a. City Council reports or requests:
City Council Minutes
January 26,2005
Page 5
Mayor Oden requested the City Engineer to continue to work on improvements to
the parking lot at the Boys and Girls Club.
Mayor Oden requested an update on the traffic-signal and lane markings at Alejo
and Indian Avenue, and the temporary median near La Vallauris.
Mayor Oden invited the community to the Public Arts Reception at City Hall on
Thursday, February 3, 2005, and stated the Mayor and Council Offices will be
open during the reception.
Councilmember Mills requested the rabbit fence on the North airport berm be
removed; and the landscaping of the median island at Sunrise and Vista Chino
be completed.
Councilmember Mills requested the City Manager to investigate the neglected
landscaping at the retention basin along Vista Chino west of Farrell; and
commented on the rapid response to filling of pot holes.
Councilmember Mills requested an update from the Director of Economic
Development regarding the Sahara Mobile Home Park Financing.
b. Public reports or requests: None.
C. Staff reports or requests: None.
ADJOURNMENT: The City Council adjourned at 9:01 P.M. to their next Regular
Meeting, Wednesday, February 2, 2005 at 7:00 P.M., City Council Chambers, preceded
by a Closed Session at 5:30 P.M., City Hall Small Conference Room, 3200 East
Tahquitz Canyon Way.
ND APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
2 DAY OF FEBRUARY, 2005.
Mayor
Attest:
City Clerk