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HomeMy WebLinkAbout11/5/2008 - STAFF REPORTS - 2.B. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA u,,�•u MINUTES WEDNESDAY, OCTOBER 15, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries, led the Invocation. ROLL CALL: PRESENT. Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Police Chief Dominguez administered the Oath of Office to Police Officer Steven Grissom, and introduced the new Police Officer to the City Council. Police Chief Dominguez provided an update on the activities of the 2008 American Heat Motorcycle Weekend. Fire Chief Goetz outlined the activities of Fire Prevention Week and the programs offered by the Fire Department. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the meeting was called to order and the City Council added an Item to the Closed Session Agenda pursuant to G.C. Section 54956.8 Conference with Real Property Negotiator. ACTION, 1) Make the finding that the Item came to the attention of the City after the posting of the Agenda, there is an immediate need to hear and/or take action on the Item; and 2) Add to the Closed Session Agenda, Conference with Real Property Negotiator for the property located at 414 North Palm Canyon Drive, City Negotiator David Ready, City Manager, Negotiating Party, Lawrence Rael, Rael Development, Price and Terms of Payment for Purchase. Motion Mayor Pougnet, seconded by Item No. 2 * V City Council Minutes October 15, 2008 Page 2 Mayor Pro Tom Foat, and unanimously carried (4-0) noting the absence of Councilmember Mills. The City Council then recessed into Closed Session to discuss Items on the posted Closed Session Agenda. No reportable actions were taken, the City Council did provide direction with respect to property negotiations on the City of Palm Springs Golf Course. ACCEPTANCE OF THE AGENDA: Councilmember Hutcheson noted his business related abstention on Item 2.1. Councilmember Weigel requested Item 2.P. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. DESIGNATION OF THE PROPERTIES KNOWN AS "THE CASA CODY HOTEL" LOCATED AT 141 SOUTH CAHUILLA ROAD, 175 SOUTH CAHUILLA ROAD, AND 300 WEST ARENAS ROAD AS CLASS 1 HISTORIC SITES, INCLUDING DESIGNATING THREE ELEMENTS WITHIN THE HOTEL COMPLEX AS CLASS 2 HISTORIC SITES, CASES HSPB 59A, 59B, AND 59C: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 15, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. FRANK TYSEN, Applicant, provided the background and history of the acquisition and rehabilitation of the property and requested the City Council approve the historic designations. RON MARSHALL, Palm Springs Preservation Foundation, stated the support of the Foundation for the historic designation of the property. No further speakers coming forward, the public hearing was closed. Mayor Pro Tom Foat stated her support for the project and thanked Frank Tysen for his efforts, and commented on the historic expanse of time represented by the properties. - 11' City Council Minutes October 15, 2008 Page 3 Councilmember Mills requested staff address the color stipulated under the historic designation, and thanked Frank Tysen for his efforts. ACTION: 1) Adopt Resolution No. 22355, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE STRUCTURE THE WINTER HOUSE AND THE MCCALLUM ERA STONE WALL AT 141 SOUTH CAHUILLA ROAD AS CLASS ONE HISTORIC SITE 59A;" 2) Adopt Resolution No. 22356, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE STRUCTURE THE CASA CODY HOTEL AND THE MCCALLUM ERA STONE WALL AT 175 SOUTH CAHUILLA ROAD AS CLASS ONE HISTORIC SITE 59B, AND DESIGNATING THE OLYMPIC COTTAGE AND THE APACHE LODGE AS CLASS TWO SITES;" and 3) Adopt Resolution No. 22357, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE ORIGINAL ADOBE WALLS AND WOOD SHUTTERS OF THE ADOBE HOUSE AT 300 WEST ARENAS ROAD AS CLASS ONE HISTORIC SITE 59C, AND DESIGNATING THE SOUTH PORTION OF THE EL RINCON HOTEL AND APARTMENT BUILDINGS AS A CLASS TWO HISTORIC SITE." Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. PUBLIC COMMENT: MARNA VAN HORN, stated her support for Items 2.P. and 5.A., and she was available to answer any questions. COUNCILMEMBER COMMENTS: None. CITY MANAGER'S REPORT: City Manager Ready presented an update of Code Enforcement activities in the City_ 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.13., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 21., 2.K, 2.N., 2.0., and 2.0_ Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the October 15, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of September 24, 2008, and October 2, 2008- Approved as part of the Consent Calendar. City Council Minutes October 15, 2008 Page 4 2.C, APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22358, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 9-20.08 BY WARRANTS NUMBERED 413890 THROUGH 413934 TOTALING $73,894.41, LIABILITY CHECKS NUMBERED 1030964 THROUGH 1030984 TOTALING $152,467.16, FOUR WIRE TRANSFERS FOR $64,054.92, AND THREE ELECTRONIC ACH DEBITS OF $1,153,627,43, IN THE AGGREGATE AMOUNT OF $1,444,043.92, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22359, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030881 THROUGH 1030963 AND 1030985 THROUGH 1030986 TOTALING $929,063.68, AND ONE WIRE TRANSFER FOR $141,412.30, IN THE AGGREGATE AMOUNT OF $1,070,475.98, DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22360, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1030987 THROUGH 1031123 TOTALING $1,652,513.24, AND ONE WIRE TRANSFER FOR $755,321,00, IN THE AGGREGATE AMOUNT OF $2,407,834,24, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. STAFF AUTHORIZED AGREEMENTS FOR SEPTEMBER 2008: ACTION: Receive and file Staff Authorized Agreements covering the period September 1 through September 30, 2008. Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2008: ACTION. Receive and File the Treasurer's Investment Report as of August 31, 2008. Approved as part of the Consent Calendar. 2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1751, ZONE TEXT AMENDMENT TO ESTABLISH POLICIES AND STANDARDS FOR NEIGHBORHOOD ENTRY SIGNS IN SINGLE FAMILY NEIGHBORHOODS: ACTION: Waive further reading and adopt Ordinance No. 1751, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.10 OF THE PALM SPRINGS ZONING CODE RELATING TO NEIGHBORHOOD ENTRY SIGN." Approved as part of the Consent Calendar. City Council Minutes October 15, 2008 Page 5 2.G. ACCEPT WITH REGRET THE RESIGNATION OF SHELLY SAUNDERS FROM THE HISTORIC SITE PRESERVATION BOARD: ACTION: 1) Accept with regret the resignation of Shelly Saunders; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010. Approved as part of the Consent Calendar. 2.H. SUMMARY VACATION OF A PORTION OF BARISTO ROAD IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: Adopt Resolution No. 22361, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE, AND INTERESTS TO A PORTION OF BARISTO ROAD, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-08-20." Approved as part of the Consent Calendar. 2.1. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 025-N, WITH THE STATE OF CALIFORNIA, FOR USE OF CONGESTION MANAGEMENT AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR SAN LORENZO ROAD SHOULDER PAVING: ACTION: 1) Adopt Resolution No. 22362, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 025-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $16,000 ($14,000 CMAQ FEDERAL FUNDS / $2,000 MEASURE A FUNDS), FOR THE SAN LORENZO ROAD SHOULDER PAVING, CP 08-05, FEDERAL-AID PROJECT NO. CML-5282(030);" and 2) Authorize the City Manager to execute all necessary documents. A5732. Approved as part of the Consent Calendar, noting the business related abstention by Councilmember Hutcheson. 2.J. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 026-N, WITH THE STATE OF CALIFORNIA, FOR USE OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL: ACTION: 1) Adopt Resolution No. 22363, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 026-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL,-AID PROJECTS NO. 08-5282R, WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $242,000 ($217,800 HSIP FEDERAL FUNDS / $24,200 MEASURE A FUNDS) FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, CP 06-12, FEDERAL-AID PROJECT NO. HSIPL-5282(028);" and 2) Authorize the U15 City Council Minutes October 15, 2008 Page 6 City Manager to execute all necessary documents. A5733. Approved as part of the Consent Calendar. 2.K. PALM SPRINGS CONVENTION CENTER RECYCLING POLICY: ACTION: Adopt Resolution No. 22364, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RECYCLING POLICY FOR THE PALM SPRINGS CONVENTION CENTER." Approved as part of the Consent Calendar. 2.L. ACQUISITION OF RIGHT-OF-WAY FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT: ACTION: Adopt Resolution No. 22365, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION OF RIGHT-OF-WAY FOR THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE PROJECT, CP 00-14, CALTRANS EA 455700." Approved as part of the Consent Calendar. 2.M. CONFLICT OF INTEREST CODE, 2008 BIENNIAL NOTICE FOR RECEIVE AND FILE PURSUANT TO THE POLITICAL REFORM ACT: ACTION: 1) Receive and File the 2008 Local Agency Biennial Notice; and 2) Direct staff to promulgate the necessary amendments and return to the City Council in December for adoption pursuant to the Political Reform Act- Approved as part of the Consent Calendar. 2.N. ACCEPT A GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A SEATBELT AND CHILD SAFETY SEAT COMPLIANCE PROJECT IN THE AMOUNT OF $39,914,00: ACTION: 1) Accept a grant from the California Office of Traffic Safety, California Berkeley Traffic Safety Center, for a Seatbelt and Child Safety Seat Compliance Project in the amount of $39,914.00; and 2) Authorize the City Manager to execute all necessary documents. A5734, Approved as part of the Consent Calendar. 2.0. ACCEPT WITH REGRET THE RESIGNATION OF KIMBERLY NICHOLS FROM THE BOARD OF LIBRARY TRUSTEES: ACTION: 1) Accept with regret the resignation of Kimberly Nichols; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2009- Approved as part of the Consent Calendar. 2.Q. ACCEPT WITH REGRET THE RESIGNATION OF MATT BOUSQUETTE FROM THE BOARD OF LIBRARY TRUSTEES: ACTION: 1) Accept with regret the resignation of Matt Bousquette; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010. Approved as part of the Consent Calendar. City Council Minutes October 15, 2008 Page 7 EXCLUDED CONSENT CALENDAR: 2.P. CONTRACTUAL SERVICES AGREEMENT WITH THE PALM SPRINGS ECONOMIC DEVELOPMENT CORPORATION FOR IMPLEMENTING A BUSINESS RETENTION VISITATION PROGRAM IN THE AMOUNT OF $30,000: Councilmember Weigel stated this has been a priority for the City Council, and requested staff address if the City requires a business plan prior to the issuance of a business license. Mayor Pro Tern Foat commented on the history and the development of business retention procedures and programs. ACTION: 1) Approve an agreement with the Palm Springs Economic Development Corporation for implementing a business retention visitation program in the amount of $30,000; 2) Authorize the City Manager to execute all necessary documents; and 3) Adopt Resolution No. 22366, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-09 BUDGET." A5735, Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. The City of Palm Springs Community Redevelopment Agency convened at 6: 39 p.m. as a Joint Meeting with the City Council. RA. COMMUNITY REDEVELOPMENT AGENCY: RA1. NON-EXCLUSIVE LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF FLOOR, ROOFTOP, ANTENNA, AND CABLING SPACE ON THE TOP DECK OF THE CITY-OWNED PARKING STRUCTURE LOCATED AT 295 SOUTH INDIAN CANYON DRIVE: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated October 15, 2008. Councilmember Mills requested staff address the purpose and benefits to the City for allowing the use on the City parking structure, the building of a structure on top of the elevator shaft, and stated his concerns with being unable to conceal the tower with landscaping or other materials. Councilmember Hutcheson stated he would like for the project to be considered by the AAC and the Planning Commission. City Council Minutes October 15, 2008 Page 8 Mayor Pro Tem Foat commented on the design and requested staff address the cable and the location of the equipment. MOTION: 1) Approve an agreement with Verizon Wireless, City of Palm Springs, and the City of Palm Springs Community Redevelopment Agency, for non-exclusive use of the City-owned parking structure to provide floor, rooftop, antenna, and cabling space on the top deck of the parking structure located at 295 South Indian Canyon Drive; and 2) Authorize the City Manager/Executive Director to execute all necessary documents. Motion Councilmember Hutcheson, seconded by Mayor Pougnet and failed 2-3 on a roll call vote. AYES: Councilmember Hutcheson and Mayor Pougnet. NOES: Councilmember Mills, Mayor Pro Tem Foat, and Councilmember Weigel. The City of Palm Springs Community Redevelopment Agency adjourned at 6:47 p.m., and the City Council continued. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. APPROVE AN AGREEMENT WITH RICH PARZINSKY POOLS, INC., FOR THE RAINMAKER FOUNTAIN REPAIRS, IN THE AMOUNT OF $63,500: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 15, 2008. Councilmember Mills requested staff address the warranty on the project. Mayor Pro Tem Foat requested staff address the qualifications of the contractor and the supervision of the contractor. Councilmember Hutcheson requested staff comment on the funding for the repairs. ACTION: 1) Approve an agreement with Rich Parzinsky Pools, Inc., for the Rainmaker Fountain Repairs, in the amount of $63,500, CP 08-02; 2) Adopt Resolution No. 22367, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-09 BUDGET;" 3) Authorize the City Manager to execute all necessary documents. A5736. Motion Councilmember Weigel, seconded by Councilmember Mills and carried 4-1 on a roll call vote. 0? City Council Minutes October 15, 2008 Page 9 AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Foat, and Councilmember Weigel. NOES: Mayor Pougnet. 5. NEW BUSINESS: 5.A. DECISION TO OVERRULE, THE RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION FINDING OF INCONSISTENCY FOR THE RETAIL COMMERCIAL CENTER LOCATED AT THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, CASE 5,1161: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 15, 2008, Mayor Pro Tern Foat requested staff address the letter submitted by the Riverside County Airport Land Use Commission. ACTION: Adopt Resolution No. 22368, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION FINDING OF INCONSISTENCY FOR THE RETAIL COMMERCIAL CENTER LOCATED AT THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE M-1, SECTION 20." Motion Mayor Pro Tom Foat, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 5.13. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE "JACKIE LEE HOUSTON PLAZA" DESIGN REVIEW SUBCOMMITTEE: ACTION: Appoint Mayor Pougnet and Councilmember Mills to the City Council "Jackie Lee Houston Plaza" Design Review Subcommittee. Motion Councilmember Hutcheson, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 5.C. REPORT FROM THE CITY COUNCIL AIRPORT LIAISON REGARDING THE PROPOSED REPLACEMENT CONTROL TOWER: Councilmember Mills reported on a meeting with the FAA and staff at the Palm Springs Airport for the replacement of the Control Tower at the Palm Springs International Airport, Councilmember Mills stated the FAA contracted with architects for a base plan for all airport towers, but stated the FAA may allow the City to work with the architect to create a special look to the Tower for Palm Springs. No action taken. City Council Minutes October 16, 2008 Page 10 COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Mills commented on the placement of vendors at the American Heat 2008 Motorcycle Weekend event, stated the concept would work for VillageFest, and stated the promoter is not meeting the promises made to the City. Councilmember Hutcheson commented on the 2008 American Heat Motorcycle Weekend event and thanked the Police Department for their efforts toward the event, and requested the City Manager add a discussion of the City's investments to the upcoming budget discussion and update. Mayor Pougnet requested the City Manager provide the City Council with the timelines for the Tahquitz Canyon Median and City Hall parking lot landscape project. Mayor Pro Tern Foat questioned if landscaping could be proposed on Civic Drive at the new street closure during the Tahquitz Canyon Median landscape project. ADJOURNMENT: The City Council adjourned at 7:09 p.m. to a Study Session, Wednesday, October 22, 2008, at 6:00 P.M. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5Tu DAY OF NOVEMBER, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK �U CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA € � 9��io d�F MINUTES WEDNESDAY, OCTOBER 22, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge. ROLL CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pougnet and the City Council presented the Palm Springs Business Improvement District's Business Success Award to Ocoh La La. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the meeting was called to order and the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated that staff recommends Item 1.C. be withdrawn from the Agenda. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. PUBLIC COMMENT: BRIAN LINNEKENS, South Palm Canyon LLC, provided an update on the Palm Canyon project, and explained the delays concerning the project. JOY MEREDITH, Palm Springs, commented on the relationship between the Main Street merchants and the VillageFest Event, the Palm Springs Business Improvement District, and stated Main Street is conducting a survey for Bike Weekend. PAUL MEDIANO, commented on the problems with his landlord, and the problems with the delays due to the Palm Canyon development. City Council Minutes October 22, 2008 Page 2 CHERYL HUDSON, commented on the prohibition of A-Frame signs on the east side of Indian Canyon, Bike Weekend and stated that the Fire and Police Departments visited her establishment for Biker Weekend. COUNCILMEMBER COMMENTS: None. CITY MANAGER'S REPORT: City Manager Ready provided an update on the Tahquitz median and landscape project. SS. STUDY SESSION: SS1. JOINT STUDY SESSION OF THE CITY COUNCIL AND THE. VILLAGEFEST BOARD TO DISCUSS ACCOMPLISHMENTS, GOALS, AND OBJECTIVES: Sharon Heider, Director of Parks and Recreation, introduced the members of the VillageFest Board, and outlined the VillageFest Beard's current goals and discussions as being: the overall goals and objectives, the aesthetics of the event, better coordination with Main Street. Rebecca Terrill, VillageFest Board Chair, commented on the Downtown Design Plan as it relates to VillageFest, the Board's role in the budget and fee structures, stated more events and activities are needed for youth and teenagers at VillageFest, and the overall appearance and recommended booth standards be addressed. Boardmember Garcia stated the VillageFest Board has had some discussions as indicated by Chair Terrill, requested the City Council provided direction on the overall goals, scope, and the overall look for VillageFest, and commented on the enforcement of Vendors selling approved merchandise. Boardmember Bianco stated enforcement and budget should be discussed. Boardmember Spohn stated the City should be more proactive in the solicitation of vendors that would be positive to the VillageFest event. Boardmember Thomas commented on booth standards and the enforcement of rules, and suggested the City Council empower the Board to enforce the rules of VillageFest, commented on the aesthetics of VillageFest, recommended that the Board be provided authority for events and activities, stated VillageFest should be a showcase "green event" and set additional regulations or guidelines for vendors and incorporate a sustainability booth, suggested the Board should have input on the budget, and recommended that Downtown Merchants be allowed to have booths and rotate much like the current not-for-profit booths. - . 22 City Council Minutes October 22, 2008 Page 3 Councilmember Hutcheson stated VillageFest is great for Tourists and the VillageFest Board should have a role in a complete re-think of VillageFest, stated his suggestions for the Board to review and report on the following: more integration of merchants in the event, rules of who can participate and the 75% handmade goods rule, the physical layout of the VillageFest event and perhaps hold the event in uptown, the adoption of standards for the appearance of booths, and the Board should have additional input on the Budget with a goal of breaking even. Mayor Pro Tern Foat stated she is in agreement with Councilmember Hutcheson's comments, stated the Board has very little power, and would like the Board to review the Ordinance outlining the duties of the Board and the number of members on the Board, stated she would recommend the Board review sustainability and a sustainability booth, strongly recommended a plan for recruitment of vendors, requested the Board review the expansion of the Farmers Market, and the Board should review the budget. Councilmember Mills stated he is in agreement with Councilmember Hutcheson and Mayor Pro Tern Foat's comments, stated VillageFest has improved tremendously and the Board should continue to gradually improve the quality of the event, stated that VillageFest should engage and enhance the merchants, stated that the rules should be enforced, and recommended the Board evaluate and make recommendations toward enforcement of the rules and regulations. Councilmember Weigel stated that VillageFest is an institution in Downtown Palm Springs, recommended additional activities for children, youth and teens, and requested the City Manager look into a way to provide electricity in the middle of the street to provide a restructuring that would allow for merchant participation in the event. Mayor Pro Tern Foat stated that in 2005 a member of the Board put in an effort to re-market the event and recommended the materials be provided to the members. Mayor Pougnet requested staff address the attendance at VillageFest, stated his support for increasing the membership of the Board, and commented on the overall structure of the event and how to integrate the event with merchants and other events in the Downtown, and requested the Board develop a strategic plan for the City Council to discuss implementation. No action taken. The VillageFest Board adjourned at 7:10 p.m., and the City Council recessed. The City Council reconvened at 7:18 p.m. City Council Minutes October 22, 2008 Page 4 SS2. UPDATE OF THE FISCAL YEAR 2008-09 BUDGET AND INVESTMENTS, AND THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT: Tammy Perezchica, Downtown Administration, provided an update on the Palm Springs Business Improvement District. Geoffrey Kiehl, Director of Finance, provided an update on the first quarter budget for fiscal year 2008-09 as outlined in the budget review document. Councilmember Hutcheson requested the Finance Director address the status of the City's other revenue sources. Mayor Pro Tern Foat requested the Finance Director address the status of the AIG investments and if the City had any other investments in AIG, and requested staff address audits of sales taxes and the Board of Equalization. No action taken. SS3. DISCUSSION ON THE PLACEMENT OF ITEMS ON THE CITY COUNCIL AGENDA, PRIORITIZE FUTURE AGENDA/STUDY SESSION TOPICS, DOCKET REVIEW, AND AGENDA PROCESS; City Manager Ready provided background information as outlined in the staff report dated October 22, 2008. Councilmember Weigel stated the City Council should have a discussion prior to an item being placed on the agenda with a predisposition, stated the City Council should discuss the placement of items on the Agenda, and commented on the amount of staff time that may be used on an Agenda item placed on the Agenda by a Councilmember. Mayor Pougnet stated he has not changed his view on the placement of items on the agenda, but indicated that he would be open for discussion on the predisposed recommendations by staff. Mayor Pro Tern Foat stated the City Council and staff have the authority to place items on the agenda and stated not placing items on the agenda may be stifling to the community. Councilmember Mills stated any one Councilmember should be able to request any item be placed on a future agenda. Councilmember Hutcheson stated a Councilmember should be provided the opportunity to place items on the agenda, the City Council should use the acceptance of the agenda to comment and/or discuss items that a City Council Minutes October 22, 2008 Page 5 Councilmember believes should not be on the Agenda, and stated the City Manager is very sensitive with respect to the allocation of staff time. The City Council discussed the priority items as follows: continue to have a series of study session direction items, study session for the City Council to provide direction on the design and use of the Jackie Lee Houston Plaza, reports from City Council Subcommittees (the Sign Subcommittee, the Business Retention Subcommittee, and the Animal Shelter Subcommittee), and a progress report from the College of the Desert. No action taken. 1. ADJOURNED MEETING ITEMS: I.A. AUTHORIZE THE PURCHASE OF NATURAL GAS: David Barakian, City Engineer, provided background information as outlined in the staff report dated October 22, 2008. ACTION: 1) Authorize the City Manager to enter into an agreement for the purchase of natural gas for a term not-to-exceed 24 months; and 2) Authorize the City Manager to execute all necessary documents. A5740. Motion Councilmember Mills, seconded by Mayor Pougnet and unanimously carried on a roll call vote. 1.13. AGREEMENTS FOR CITY OWNED GOLF COURSES: City Manager Ready provided background information as outlined in the staff report dated October 22, 2008, and recommeded two modifications to the contract to provide the monthly compensation if the agreement exceeds the current term and a 60-day cancellation clause after May 31, 2009. Councilmember Hutcheson commented on the deficit at the City's Golf Courses, and thanked staff for taking action. ACTION: 1) Approve the termination and the expenditure of$1,190,000 to terminate the lease with Olympus Real Estate Partners for the Legends Golf Course; 2) Approve an agreement with Century Golf Partners Holdings, III, LP, Arnold Palmer Golf Management, LLC, for the management of the Legends and Resort Golf Courses for the period of October 27, 2008, through December 31, 2009, amending the agreement to provide the monthlV compensation if the agreement exceeds the current term and a 60-day cancellation clause after May 31, 2009; 3) Adopt Resolution No. 22369, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-09 BUDGET;" and 4) Adopt Resolution No. 22370, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM City Council Minutes October 22, 2008 Page 6 SPRINGS, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-09 BUDGET;" A3469. A5741. Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1.C. CALLING THE NOTE AND APPROVING THE PAYMENT FROM THE COMMUNITY REDEVELOPMENT AGENCY TO THE CITY FOR REDUCTION OF THE PRINCIPAL OF THE NOTE TITLED PROMISSORY NOTE VISITORS CENTER DATED FEBRUARY 7, 2008: Withdrawn from the Agenda at the request of staff. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Mills requested the City Manager and the Police Chief study and report on enforcement to address the speeding violations in school zones. Mayor Pougnet announced the upcoming sustainability summit and provided a reminder of the upcoming Presidential Election. Mayor Pro Tem Foat requested the City Manager provide a report and recommendations to enhance recycling for condominium and multi-unit buildings. ADJOURNMENT: The City Council adjourned at 8:47 p.m., to a Regular Meeting, Wednesday, November 5, 2008, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5TH DAY OF NOVEMBER, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK