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HomeMy WebLinkAbout2008-07-16 CC MINUTES CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA o•` 'V MINUTES WEDNESDAY, JULY 16, 2008 City Hall Council Chamber f I CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge. INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries, led the Invocation. ROLL. CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. ABSENT: Mayor Pro Tern Foat. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Blake Goetz, Fire Chief, provided an update on the Sahara Mobile Home Park fire in progress, and an update with respect to the brush fires throughout the State, in which the City is providing mutual aid. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. 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: Councilmember Hutcheson requested Item 2.H. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his business related abstention on Consent Calendar Item 2.D. City Manager Ready requested the City Council take Item 5.13. out of order, to be heard prior to public hearings. ACTION: Accept the Agenda as amended. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. City Council Minutes July 16, 2008 Page 2 AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tem Foat. The City Council heard Item 5.13. out of order. 5. NEW BUSINESS: 5.13. INITIATION OF HISTORIC DESIGNATION OF THE WEST ELEVATION OF PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL BUILDING: Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 16, 2008. Councilmember Mills commented on the original look of the Airport and the history of architecture, and requested the original architect, Don Wexler, provide further background information on the terminal. ACTION: Initiate the Historic Designation of the West Elevation of the Palm Springs International Airport Terminal Building pursuant to Palm Springs Municipal Code Section 8.05.125. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. 1. PUBLIC HEARINGS: 1.A. PLACEMENT OF 12 PUBLIC NUISANCE ABATEMENT FEES ON THE PROPERTY TAX ROLLS: Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 16, 2008. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 22281, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 920 EAST COTTONWOOD ROAD;" 2) Adopt Resolution No. 22282, "A City Council Minutes July 16, 2008 Page 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 499 NORTH FARRELL DRIVE;" 3) Adopt Resolution No. 22283, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2903 NORTH INDIAN CANYON DRIVE;" 4) Adopt Resolution No. 22284, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2670 JUNIPERO;" 5) Adopt Resolution No. 22285, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2744 NORTH JUNIPERO AVENUE;" 6) Adopt Resolution No. 22286, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 618 EAST MESQUITE AVENUE;" 7) Adopt Resolution No. 22287, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE. ABATEMENT LIEN LOCATED AT 1264 OTONO DRIVE;" 8) Adopt Resolution No. 22288, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1091 SOUTH PASEO DE MARCIA;" 9) Adopt Resolution No. 22289, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 392 SANTA CATALINA;" 10) Adopt Resolution No. 22290, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1056 EAST VISTA CHINO ROAD;" 11) Adopt Resolution No. 22291, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1543 NORTH WAWONA ROAD; and 12) Adopt Resolution No. 22292, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2930 I City Council Minutes July 16, 2008 Page 4 EAST WYMAN DRIVE." Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. 1.B. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2008-09: David Barakian, City Engineer, provided background information as outlined in the staff report dated July 16, 2008. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 22293, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL. LEVY REPORT FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3;" 2) Adopt Resolution No. 22294, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-09 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3;" 3) Adopt Resolution No. 22295, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A;" 4) Adopt Resolution No. 22296, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-09 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A;" 5) Adopt Resolution No. 22297, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2008 09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C;" 6) Adopt Resolution No. 22298, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-09 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C;" 7) Adopt Resolution No. 22299, "A City Council Minutes July 16, 2008 Page 5 RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9;" 8) Adopt Resolution No. 22300, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL. YEAR 2008-09 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT N0. 9;" 9) Adopt Resolution No. 22301, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2;" and 10) Adopt Resolution No. 22302, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-09 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2." Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. 1.C. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12, SMOKE TREE COMMONS: David Barakian, City Engineer, provided background information as outlined in the staff report dated July 16, 2008. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. City Clerk Thompson stated he had tabulated and canvassed the Proposition 218 protest proceedings, and reported $13,339.74 eligible votes cast, with YES votes $13,339.74 and NO votes as 0, stated the City Council may proceed with the formation of the district and the levy of the assessment. ACTION: 1) Adopt Resolution No. 22303, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF A NEW ASSESSMENT FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12, SMOKE TREE COMMONS, City Council Minutes July 16, 2008 Page 6 COMMENCING WITH FISCAL YEAR 2008-09;" 2) Adopt Resolution No. 22304, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12, SMOKE TREE COMMONS; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2008-09;" 3) Adopt Resolution No. 22305, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12, SMOKE TREE COMMONS; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008-09;" and 4) Authorize the City Clerk to file the confirmed Engineer's Report for the formation of Landscape Maintenance District No. 12, Smoke Tree Commons, and file the associated levy of assessments with the Riverside County Auditor. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. I.D. GENERAL PLAN AMENDMENT, A PLANNED DEVELOPMENT FOR THE REDEVELOPMENT OF THE EXISTING PALM MOUNTAIN RESORT AND SPA LOCATED AT 155 SOUTH BELARDO ROAD, CASES 5.1162-GPA AND 5.1162-PD342: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated July 16, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. TIM ELLIS, Representing Applicant, provided background information on the development of the project and the rework of the project throughout the Planning Commission and AAC review process, commented on the reduction in density, required parking spaces, increase in landscape area, and commented on the neighborhood and business support for the project. CRAIG BLAU, stated his support for the project, but expressed his concerns for the impact to parking in the neighborhood and for the surrounding small hotels. City Council Minutes July 16, 2008 Page 7 PATRICK LILLY, read a letter of support of the project from the Palm Springs Economic Development Corporation. FRANK TYSEN, Palm Springs, commented on the progress and improvements to the project, but expressed his concerns toward the change of zone to Central Business District and parking. TIM ELLIS, Rebuttal, commented on the parking formula and the deletion of the restaurant, and addressed the concerns with respect to the change of zone to the Central Business District. No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson requested the Applicant address the parking formula and the potential use of managed parking, commented on the responsiveness of the developer, and requested an increase of eight parking spaces in managed parking. Councilmember Mills commented on the parking requirements with respect to the Zoning Code, the decrease in density with the removal of the restaurant, stated the project is a General Plan Amendment, not a zone change, commented on Condition No. 16 regarding roofing materials, Condition No. 17 regarding screening, Condition No. 19, Condition No. 22 regarding Title 25, Condition No. 24 requiring all buildings on the site be submitted to AAC, Condition No. 52, Condition No. 75 regarding corner cut-off, depth of parking on the site plan, requested the architecture and the landscaping be reviewed for the entire site, not just the new portion of the building, and stated his support for the project. Mayor Pougnet stated the proposed changes make this a much better project, commented on parking, the issue of a parking deck, and a parking master plan. ACTION: Adopt Resolution No. 22306, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING CASE 5.1162- GPA, AMENDING THE GENERAL PLAN FROM THE EXISTING DESIGNATION OF SMALL HOTEL RESORT COMMERCIAL TO CENTRAL BUSINESS DISTRICT - DOWNTOWN CORE, AND APPROVING PRELIMINARY DEVELOPMENT PLANS FOR CASE 5.1162-PD342, A PLANNED DEVELOPMENT DISTRICT, TO REDEVELOP THE PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES AT 155 SOUTH BELARDO ROAD;" amending Section 4, paragraph 3 of the Resolution to read the City Council, Condition No. 16 to require non-reflective matte finish, Condition No. 17 to exclude screening from above, Condition No. 19 and Condition No. 75 to include existing or City Council Minutes July 16, 2008 Page 8 future construction, Condition No. 22 to reflect Title 24, and Condition No. 24 to require architecture and landscaping for the entire site to be reviewed by AAC. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tem Foat. The City Council continued at 7:08 p.m. and the Community Redevelopment Agency convened for a Joint Meeting. Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.E., would not participate in the discussion or the vote, and left Council Chamber. I.E. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM SPRINGS, LLC, ON 7.8 ACRES AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT PROJECT AREA NO. 2, FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL: ACTION: 1) Continue the Public Hearing to July 30, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills and Mayor Pro Tern Foat. Councilmember Mills returned to the dais. PUBLIC COMMENT: STEVE SIMS, commented on the Rainmaker Fountain at Frances Stevens Park and AB1358 Complete Streets Act. JIM FRANKLIN, Representing the Neighborhood Involvement Committee, requested the City Council enact an ordinance to deal with abandoned, bank owned and foreclosed homes. City Council Minutes July 16, 2008 Page 9 COUNCILMFMBER COMMENTS: Mayor Pougnet requested staff address the status of the preparation of an Ordinance for vacant buildings. CITY MANAGER'S REPORT: None. JOINT AGENDA ITEM WITH THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY: RA1. REPAYMENT AND RELENDING OF COMMUNITY REDEVELOPMENT AGENCY LOANS: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 16, 2008. ACTION: (City Council) 1) Accept repayment of loans from Merged Project Area No. 1 and Merged Project Area No. 2 Debt Service Funds in the amount of $1,466,785 and $545,000, respectively; 2) Approve the issuance of new loans at 6% interest from the General Fund to Merged Project Area No. 1 and Merged Project Area No. 2 Capital Projects Funds in the amount of $1,466,785 and $545,000, respectively, effective June 18, 2008; 3) Adopt Resolution No. 22307, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08;" and 4) Adopt Resolution No. 22308, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08." Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. The City Council recessed at 7:18 p.m. and the Community Redevelopment Agency continued. The City Council reconvened at 7:19 p.m. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.J., 2.K., 2.L., 2.M., 2.N., 2.0., 2.P., 2.0., and 2.R. Motion Councilmember Hutcheson, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. City Council Minutes July 16, 2008 Page 10 AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foal. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the July 16, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPOINTMENT OF A CITY COUNCIL LIAISON TO THE OFFICE OF NEIGHBORHOOD INVOLVEMENT COMMITTEE: ACTION: Appoint Mayor Pro Tern Foal as the City Council Liaison to the Office of Neighborhood Involvement Committee. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22309, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 6-28-08 BY WARRANTS NUMBERED 413538 THROUGH 413599 TOTALING $82,753.36, LIABILITY CHECKS NUMBERED 1029260 THROUGH 1029281 TOTALING $146,930.28, FOUR WIRE TRANSFERS FOR $63,791.15, AND THREE ELECTRONIC ACM DEBITS OF $1,132,227.20, IN THE AGGREGATE AMOUNT OF $1,426,701.99 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 22310, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1029282 THROUGH 1029341 IN THE AGGREGATE AMOUNT OF $536,114.70 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.11). TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5436 WITH SHERMAN LAS VEGAS ROAD HOUSING, INC. FOR TRACT MAP 33161: ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5436 with Sherman Las Vegas Road Housing, Inc. for Tract Map 33161. A5436. Noting the business related abstention of Councilmember Mills. Approved as part of the Consent Calendar. 2.E. AGREEMENT WITH RIVERSIDE COUNTY FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM: ACTION: 1) Approve an agreement with the County of Riverside related to the Household Hazardous Waste Collection Program, in a final form approved by the City Attorney; and 2) Authorize the City Manager to f City Council Minutes July 16, 2008 Page 11 execute all necessary documents. A5574. Approved as part of the Consent Calendar. 2.F. SUMMARY VACATION OF A PORTION OF VIA MONTE VISTA ADJACENT TO PARCEL 3 ON RECORD OF SURVEY, PER MAP BOOK 12, PAGE 87 IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R 07-028: ACTION: Adopt Resolution No. 22311, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE, AND INTEREST TO A PORTION OF VIA MONTE VISTA ADJACENT TO PARCEL 3, ON RECORD OF SURVEY, IN MAP BOOK 12, PAGE 87, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; FILE R 07 028." Approved as part of the Consent Calendar. 2.G. PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C AND LATERAL 20CA PROJECT, CP 05-20: ACTION: Adopt Resolution No. 22312, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TAKING CERTAIN ACTIONS RELATED TO PALM SPRINGS STORM DRAIN LINE 6A AND LINE 8, CP 05-20." A5275. A5702. Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 13 TO AGREEMENT NO. A4487 WITH VSA AIRPORTS, INC. FOR ENGINEERING FIELD SERVICES FOR THE EXPANSION OF THE RENTAL CAR READY/RETURN LOT AT THE AIRPORT: ACTION: 1) Approve Amendment No_ 13 to Agreement No. A4487 with VSA Airports, Inc. for engineering field services for expansion of the rental car ready/return lot at the Airport, in the amount of $100,000; and 2) Authorize the City Manager to execute all necessary documents. A4487. Approved as part of the Consent Calendar, 2.J. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5616 WITH G & M CONSTRUCTION FOR AN ADDITIONAL AMOUNT OF $47,440, FOR THE RENTAL CAR READY/RETURN LOT EXPANSION PROJECT: ACTION: Receive and file the report of aviation emergency procurement pursuant to Palm Springs Municipal Code Section 7.04.040(3). A5616. Approved as part of the Consent Calendar. 2.K. ADOPTION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR 2008-09: ACTION: Adopt Resolution No. 22313, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2009." Approved as part of the Consent Calendar. City Council Minutes July 16, 2008 Page 12 21. ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES: ACTION: Adopt Resolution No. 22314, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2008." Approved as part of the Consent Calendar. 2.M. AMENDMENT NO. 1 TO LEASE AGREEMENT A4563 WITH KARBZ INC. AT PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: 1) Approve Amendment No. 1 to Lease Agreement A4563 with KARBZ Inc. at Palm Springs International Airport; and 2) Authorize the City Manager to execute all necessary documents. A4563. Approved as part of the Consent Calendar. 2.N. LETTER IN SUPPORT OF SENATE BILL SB1646 (PADILLA) TO REAUTHORIZE THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S CLEAN FUELS PROGRAM: ACTION: Authorize the Mayor to execute a letter supporting SB1646 (PADILLA) to reauthorize the South Coast Air Quality Management District's Clean Fuels Program. Approved as part of the Consent Calendar. 2.0. AGREEMENT WITH DOKKEN ENGINEERING FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT: ACTION: 1) Approve an agreement with Dokken Engineering in the amount of $681,554 for environmental and civil engineering design services related to the South Palm Canyon Drive Low Water Crossing Bridge Replacement, Federal Project BR NBIL 502, CP 06-18; and 2) Authorize the City Manager to execute all necessary documents. A5701. Approved as part of the Consent Calendar. 2.P. APPROVAL OF CONTINUING APPROPRIATIONS: ACTION: Adopt Resolution No. 22315, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2007-08 TO FISCAL YEAR 2008-09." Approved as part of the Consent Calendar. 2.Q. CHANGE ORDER NO. 9 TO AGREEMENT NO. A5524 WITH MCKENNA GENERAL ENGINEERING, INC., FOR THE GENE AUTRY TRAIL WIDENING PROJECT, VISTA CHINO TO UNION PACIFIC RAILROAD: ACTION: 1) Approve Change Order No. 9 to Agreement No. A5524 with McKenna General Engineering, Inc., in the amount of $362,610.08 for a revised total contract amount of $5,175,628.39 for the Gene Autry Trail Widening, CP 02-03; 2) Receive and file a progress report on construction City Council Minutes July 16, 2008 Page 13 change orders authorized by the City Manager pursuant to City Council Resolution No. 22009 adopted July 25, 2007; and 3) Authorize the City Manager to execute all necessary documents. A5524. Approved as part of the Consent Calendar. 2.R. APPROVE NOTICE TO PROCEED TO VEOLIA WATER NORTH AMERICA-WEST, LLC, FOR FINAL DESIGN OF HOUSEHOLD HAZARDOUS WASTE FACILITY: ACTION: Approve Notice to Proceed to Veolia Water North America- West, LLC, for final design of the Household Hazardous Waste Facility, not-to-exceed $45,000, Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.H. AGREEMENT WITH GRANITE CONSTRUCTION COMPANY FOR THE FISCAL YEAR 2007-08 ANNUAL ARHM OVERLAY IN THE AMOUNT OF $998,860, CP 07-17: The City Council discussed and/or commented on the following with respect to the contract: estimated cost v. actual contract amount, per unit pricing, and the ability and desire to increase the contract to overlay additional residential streets. ACTION: 1) Approve an agreement with Granite Construction Company, for Bid Schedules A through G inclusive, for the Fiscal Year 2007-08 Annual ARHM Overlay in the amount of$998,860, CP 07-17; and 2) Authorize the City Manager to execute all necessary documents. A5700. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 4- 0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. UPDATE ON SPECIFIC PLAN FOR MUSEUM MARKET PLAZA: Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 16, 2008. No action taken. City Council Minutes July 16, 2008 Page 14 5. NEW BUSINESS: 5.A. AMENDMENT NO. 2 TO AGREEMENT NO. A4158 WITH PALM SPRINGS AAI, INC. FOR FOOD AND BEVERAGE CONCESSIONS AT PALM SPRINGS INTERNATIONAL AIRPORT: City Manager Ready provided background information as outlined in the staff report dated July 16, 2008. Mayor Pougnet requested staff address the specific brands, and requested Councilmember Mills outline the proposed enhancements to the airport facility and buildings. ACTION: 1) Approve Amendment No. 2 to Agreement No. A4158 with Palm Springs AAI, Inc., a subsidiary of Anton Airfood; and 2) Authorize the City Manager to execute all necessary documents. A4158. Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. 5.C. AMENDMENT NO. 1 TO AGREEMENT NO. A5630 WITH MAXWELL SECURITY FOR SECURITY SERVICES AT THE PALM SPRINGS TRAIN STATION: City Manager Ready and John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 16, 2008. Councilmember Mills requested staff address if the proposal is complimentary with the bus schedule, and the current status of security with the train arrivals. ACTION: 1) Approve Amendment No. 1 to Agreement No. A5630 with Maxwell Security Services at the Palm Springs Train Station on Garnet Station Road; and 2) Authorize the City Manager to execute all necessary documents. A5630. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Foat. City Council Minutes July 16, 2008 Page 15 5.D. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO A COUNCIL SUBCOMMITTEE FOR THE PURPOSE OF REVIEWING THE WALK OF STARS POLICIES WITH THE WALK OF STARS BOARD MEMBERS: ACTION: Appoint Councilmember Weigel and Mayor Pro Tern Foat to a Council Subcommittee to review the policies with the Walk of Stars Board Members. By consensus of the City Council. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Hutcheson requested the City Manager provide an update as to upcoming City Council meetings and schedule. Mayor Pougnet requested a status report on the Palm Tree Trimming Policy_ ADJOURNMENT: The City Council adjourned at 7:47 p.m. to an Adjourned Regular Meeting, Wednesday, July 30, 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 30TH DAY OF JULY, 2008. STEPHEN P. POUGNET, VAYOR ATTEST. ?MES THOMPSON, CITY CLERK