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HomeMy WebLinkAbout7/30/2007 - STAFF REPORTS - 2.B. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA (V MINUTES WEDNESDAY, JULY 9, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pro Tern Foat called the meeting to order at 6:02 p.m, PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge. INVOCATION: Dr. Amanda Burr, United Methodist Church of Palm Springs, led the Invocation. ROLL CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. ABSENT: Councilmember Weigel and Mayor Pougnet. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 p.m. the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. PRESENTATIONS: Blake Goetz, Fire Chief, announced a gift to the City of new Fire Imaging Technology Equipment. ACCEPTANCE OF THE AGENDA: Councilmember Hutcheson requested Item 2.1. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.G. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat requested Items 2.1. and 2.P. be removed from the Consent Calendar for separate discussion. City Clerk Thompson stated staff has requested the City Council continue Public Hearing Item 1.C. to July 30, 2008. Item No. 2 3 . City Council Minutes July 9, 2008 Page 2 ACTION: 1) Continue Public Hearing Item 1.C., Standards for Portable "Open" Signs, to July 30, 2008; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. 1. PUBLIC HEARINGS: 1.A. CONTINUED PUBLIC HEARING [FROM JUNE 18, 2008] APPEAL OF THE DECISION OF THE HISTORIC SITE PRESERVATION BOARD BY ROXANN PLOSS TO TAKE. NO ACTION ON A STAY OF DEMOLITION FOR THE PROPERTY KNOWN AS LA SERENA VILLAS LOCATED AT 339 SOUTH BELARDO ROAD HSPB 3.2130: Craig Ewing, Director of Planning Services, and Don Duckworth, Director of Building and Safety, provided background information as outlined in the staff report dated July 9, 2008. Councilmember Mills requested staff address the condition of the roofing, and possible recent renovations, questioned if any prior infrastructure was remaining. Mayor Pro Tern Foat opened the Public Hearing, and the following speakers addressed the City Council. ROXANN FLOSS, stated the owner promised the community the property would be rehabilitated as hotel rooms, commented on other re-use projects, stated the property could not be developed for other uses due to its size, and indicated the community is working toward a solution and requested additional time. 0000,2, 2 City Council Minutes July 9, 2008 Page 3 SHERYL HAMLIN, stated someone may wish to rehabilitate the property, the report should not have included financial aspects and historical information as that information was not requested by the City Council. JADE NELSON, commented on the historical significance of the property, and provided historical background for the property. JAY GUSTUFSON, Palm Springs, encouraged the retention and development of small hotels in the City of Palm Springs, and requested a six month extension before demolition. FRANK TYSEN, Palm Springs, stated the reasons why the property should be a Class 1 Historic Site, the hotel is 16 units not 27 units, provided information on upcoming activities related to the possible sale and rehabilitation of the property, and requested a six month extension on the demolition. JOAN MARTIN, commented on a recent positive experience at the hotel, requested the property be upgraded and rehabilitated, and requested a six month extension on the demolition. No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson requested staff and the current owner address if the Core Group had expressed any interest in a transfer or sale of the property, stated his support for a stay of demolition for six months, but the City has to ensure the safety of the public. Councilmember Mills requested staff address the City's requirements if the City Council approved a stay of demolition for six months, what would happen if the owners fail to take action during the stay, commented on the current condition of the property and the "restoration in progress," the property' s future without a designation, and stated his support to allow something to happen with the property, along with securing of the property. Mayor Pro Tern Foat questioned why the property has never been considered for historic designation. ACTION: 1) Overrule the decision of the Planning Commission and approve a Stay of Demolition for a period of six months with the condition that the property be secured and painted subject to the Building Official and; 2) Direct the Historic Site Preservation Board to study and report on any Historical findings and significance of the property. Motion City Council Minutes July 9, 2008 Page 4 Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet_ 1.B. APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING OF THE PLANNING COMMISSION'S ACTION OF MAY 28, 2008, APPROVING CASE NO. 3.3216-SFR, AN APPLICATION FOR ARCHITECTURAL REVIEW OF A 4,000 SQUARE FOOT HILLSIDE SINGLE FAMILY RESIDENCE LOCATED AT 844 PANORAMA ROAD: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 9, 2008. Mayor Pro Tern Foat opened the public hearing, and the following speakers addressed the City Council. FELIX BARTHELEMY, Appellant, stated the decision of the Planning Commission does not consider the impacts to the neighborhood, requested the proposed house be located in the center of the property, stated that the solar panels were not considered in the height calculation, and recommended the City Council consider the negative impact to the neighborhood. LANCE O'DONNELL, representing the Applicant, commented on the placement and orientation of the home. No further speakers coming forward, the public hearing was closed. Councilmember Mills commented on the site plan, stated the project has a minimal impact to the neighborhood, and the house was designed for the space, stated his support for the setback from the street, and the Planning Commission and the AAC did appropriate work on the proposed project. Councilmember Hutcheson stated the owner has proposed a project within the current code and his support to uphold the Planning Commission decision. Mayor Pro Tern Foat requested staff address if the distance is measured from the property line or between the structures, requested staff address the subdivision requirements. City Council Minutes July 9, 2008 Page 5 Councilmember Mills requested the City Attorney address how the City may condition the denial of the appeal. MOTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE NO, 3.3216-SFR;" with the intent that the property remain a single lot. Motion Councilmember Hutcheson, seconded by Councilmember Mills and failed 2-1 on a roll call vote. AYES: Councilmember Hutcheson and Councilmember Mills. NOES: Mayor Pro Tern Foat. ABSENT: Councilmember Weigel and Mayor Pougnet. ACTION: 1) Close the Public Testimony portion of the public hearing; 2) Continue the Public Hearing to July 30, 2008; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. The City Council recessed at 7:14 p.m. The City Council reconvened at 7:17 p.m. 1.C. PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING STANDARDS FOR PORTABLE "OPEN" SIGNS IN COMMERCIAL ZONES: Public Hearing continued to July 30, 2008, under Acceptance of the Agenda. I.D. TAX AND EQUITY FISCAL RESPONSIBILITY ACT HEARING FOR THE PROPOSED ISSUANCE OF TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS BY THE CITY NOT-TO-EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT FOR THE BENEFIT OF THE COACHELLA VALLEY HOUSING COALITION: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 9, 2008. �00ef 5 City Council Minutes July 9, 2008 Page 6 Mayor Pro Tem Foat opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 22269, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS BY THE CITY OF PALM SPRINGS (CONDUIT FINANCING) NOT-TO-EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT FOR THE BENEFIT OF THE COACHELLA VALLEY HOUSING COALITION, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, FOR THE ACQUISITION, CONSTRUCTION, AND DEVELOPMENT OF THE ROSA GARDENS APARTMENTS AT 3603 MC CARTHY ROAD;" and 2) Authorize the City Manager to execute all necessary documents. A5697. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 3- 0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. PUBLIC COMMENT: WENDIE BUSIG-COHEN, announced grants to eight youth that were selected by the Palm Springs Conservatory for summer camp. SCOTT AND KATIE SURD, announced grants to eight youth that were selected by the Palm Springs Conservatory for summer camp. JARVIS CRAWFORD, provided information on grants to eight youth that were selected by the Palm Springs Conservatory for summer camp. MARILYN YEATES, Children's Discovery Museum, provided information on grants to eight youth that were selected by the Palm Springs Conservatory for summer camp. WESLEY ROSS, commented on the possible closure of the mental health facility in Indio. DARRON DAHLE, commented on "Open" sign ordinance, and requested assistance to the Downtown businesses. JOY MEREDITH, Palm Springs, commented on portable "Open" signs. RODOLFO CASTILLO, commented on portable "Open" signs. City Council Minutes July 9, 2008 Page 7 BONNIE REISS, commented on portable "Open" signs. WILLIE HOLLAND, commented on the problems in the Desert Highland Gateway Neighborhood. COUNCILMEMBER COMMENTS: Councilmember Mills requested a report on vacancies in the Central Business District area. CITY MANAGER'S REPORT: None, 2. CONSENT CALENDAR: Mayor Pro Tem Foat noted her abstention on Item 2.13. the Minutes of June 4, 2008. ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.J., 2.K., 21., 2.M., 2.N., 2.0., 2.Q., 2.R., 2.5., 2.T., 2.U., 2.V., 2.W., 2X., 2.Y., and 22. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the July 9, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of June 4, 2008, June 11, 2008, June 18, 2008, and June 25, 2008. Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern Foat on the June 4, 2008 Minutes. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22270, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1028714 THROUGH 1028923 IN THE AGGREGATE AMOUNT OF $1,526,647.27 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22271, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT 6901"7 City Council Minutes July 9, 2008 Page 8 OF PAYROLL WARRANTS FOR THE PERIOD ENDED 6-14-08 BY WARRANTS NUMBERED 413488 THROUGH 413537 TOTALING $77,190.32, LIABILITY CHECKS NUMBERED 1028924 THROUGH 1028944 TOTALING $147,092.36, FOUR WIRE TRANSFERS FOR $65,566.15, AND THREE ELECTRONIC ACH DEBITS OF $1,064,448.68, IN THE AGGREGATE AMOUNT OF $1,354,297.51 DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 22272, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1028945 THROUGH 1029032 IN THE AGGREGATE AMOUNT OF $552,401.71 DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 22273, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1029033 THROUGH 1029169 IN THE AGGREGATE AMOUNT OF $825,309.61 DRAWN ON BANK OF AMERICA;" and 5) Adopt Resolution No. 22274, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1029170 THROUGH 1029259 IN THE AGGREGATE AMOUNT OF $712,004.55 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, 2.D. STAFF AUTHORIZED AGREEMENTS FOR JUNE, 2008: ACTION: Receive and file Staff Authorized Agreements covering the period June 1, 2008, through June 30, 2008- Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF MAY 31, 2008: ACTION: Receive and File the Treasurer's Investment Report as of May 31, 2008. Approved as part of the Consent Calendar. 2.F. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE PURPOSE OF REVIEWING THE REGULATION OF TAXI CABS IN THE CITY OF PALM SPRINGS: ACTION: Appoint Councilmember Hutcheson and Councilmember Mills to a City Council Subcommittee for the Regulation of Taxi Cabs. Approved as part of the Consent Calendar. 2.H. PROPOSED FISCAL YEAR 2007-08 BUDGET AMENDMENT FOR THE APPROPRIATION OF PASSENGER FACILITY CHARGES: ACTION: Adopt Resolution No. 22276, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FISCAL YEAR 2007-08 BUDGET." Approved as part of the Consent Calendar. City Council Minutes July 9, 2008 Page 9 2.J. AUTHORIZE MISCELLANEOUS FISCAL YEAR 2008-09 MAINTENANCE AND REPAIR EXPENDITURES: ACTION: 1) Authorize issuance of a Purchase Order for the as-needed purchase of Caterpillar repair parts from Johnson Power Systems in an amount not-to-exceed $100,000; 2) Authorize the issuance of a Purchase Order for radio system maintenance and repair services from Motorola in the amount of $73,487; and 3) Authorize the issuance of a Purchase Order for carpet maintenance services from DFS Flooring in the amount of $61,488. Approved as part of the Consent Calendar. 2.K. STATUS REPORT ON THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT FROM CITY REPRESENTATIVE TRUSTEE SHARON LOCK: ACTION: Receive and File. Approved as part of the Consent Calendar. 2.1.. AUTHORIZATION TO SUBMIT A FISCAL YEAR 2008-09 STATE HOMELAND SECURITY GRANT AND DESIGNATION OF THE CITY MANAGER AS THE APPLICANT AGENT: ACTION: Adopt Resolution No. 22277, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2008-09 STATE HOMELAND SECURITY GRANT PROGRAM APPLICATION AND THE DESIGNATION OF APPLICANT AGENT." Approved as part of the Consent Calendar. 2.M. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2011: ACTION: Appoint Doug Johnson, as the City of Rancho Mirage representative, to the Palm Springs International Airport Commission for the term ending June 30, 2011. Approved as part of the Consent Calendar. 2.N. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF LA QUINTA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2011: ACTION: Appoint Nancy Doria, as the City of La Quinta representative, to the Palm Springs International Airport Commission for the term ending June 30, 2011. Approved as part of the Consent Calendar. 2.0. NOTICE TO PROCEED FOR DIGESTER NO. 1 TO VEOLIA WATER NORTH AMERICA-WEST, LLC: ACTION: Approve the Notice to Proceed for Digester No. 1 to Veolia Water North America-West, LLC. Approved as part of the Consent Calendar. City Council Minutes July 9, 2008 Page 10 2.Q. TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT MODIFICATION AND BUDGET AMENDMENT: ACTION: 1) Approve maximum contract amount of $193,017.79 for Agreement No. A4725 with Riverside County, Department of Transportation, for traffic signal maintenance for Fiscal Year 2006-07; 2) Adopt Resolution No. 22278, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08; and 3) Authorize the City Manager to execute all necessary documents. A4725. Approved as part of the Consent Calendar. 2.R. EMERGENCY REPAIRS TO THE MUNICIPAL CO-GENERATION FACILITY: ACTION: Receive and file the report of emergency expenditures, pursuant to Palm Springs Municipal Code Section 7.04.040(4), which exceeds allowed annual maintenance and repair costs in the amount of $20,604. Approved as part of the Consent Calendar. 2.5. APPROVE A SPECIAL EXPERTISE PURCHASE ORDER FOR THE PROCUREMENT AND INSTALLATION OF PUBLIC ADDRESS SYSTEM EQUIPMENT RELATED TO THE AIRPORT'S IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT TO AUDIO ASSOCIATES, IN AN AMOUNT NOT-TO-EXCEED $133,501.83: ACTION: 1) Approve a special expertise purchase order to Audio Associates for the procurement and installation of public address system equipment related to the Airport's Improve/Modify/Rehab Terminal Complex Project, in an amount not-to-exceed $133,501.83, CP 07-09, AIP 3-06-0181-43; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.T. AMENDMENT 2 TO AGREEMENT NO. A3192 TO ASSIGN LEASE TO THE ROBERT J. POND LIVING TRUST: ACTION: 1) Approve Amendment 2 to Agreement No_ A3192 to assign the Pond Hangar Lease to the Robert J. Pond Living Trust in its entirety; and 2) Authorize the City Manager to execute all necessary documents. A3192. Approved as part of the Consent Calendar. 2.U. PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE PROGRAM: ACTION: Adopt Resolution No. 22279, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE PROGRAM." Approved as part of the Consent Calendar. � ' �wl o, City Council Minutes July 9, 2008 Page 11 2.V. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2011: ACTION: Appoint Mayor Yvonne Parks, as the City of Desert Hot Springs representative, to the Palm Springs International Airport Commission for the term ending June 30, 2011. Approved as part of the Consent Calendar. 2.W. ACCEPTANCE OF DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT: ACTION: 1) Accept the Department of Alcoholic Beverage Control Grant; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.X. RENEW THE MEMORANDUM OF UNDERSTANDING, AGREEMENT NO. A4721, WITH THE COACHELLA VALLEY VIOLENT GANG TASK FORCE: ACTION: 1) Approve the renewal of the Memorandum of Understanding, Agreement No. A4721, with the Coachella Valley Violent Gang Task Force for a five-year period ending June 30, 2013; and 2) Authorize the City Manager to execute all necessary documents. A4721. Approved as part of the Consent Calendar. 2.Y. AMENDMENT NO. 2 TO AGREEMENT NO. A5322 WITH CARL WARREN & COMPANY FOR CLAIMS ADMINISTRATION AND ADJUSTMENT SERVICES: ACTION: 1) Approve Amendment No. 2 to Agreement No. A5322 with Carl Warren & Company for as-needed third party claims administration and adjustment services for Fiscal Year 2008-09 in an amount not-to- exceed $65,000; and 2) Authorize the City Manager to execute all necessary documents. A5322. Approved as part of the Consent Calendar. 22. ONE-YEAR EXTENSION FOR TTM 33575 FROM PALM SPRINGS 102 LP, A PREVIOUSLY APPROVED TENTATIVE TRACT MAP OF A MIXED USE DEVELOPMENT OF 80 RESIDENTIAL TOWN-HOME UNITS, 20 LIVE-WORK UNITS, AND 15,000 SQUARE FEET OF RETAIL USES LOCATED AT 850 AND 990 SOUTH PALM CANYON DRIVE: ACTION: Adopt Resolution No. 22280, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM JULY 12, 2008, TO JULY 11, 2009, FOR TENTATIVE TRACT MAP 33575, A MIXED USE DEVELOPMENT OF 80 RESIDENTIAL TOWN-HOME UNITS, 20 LIVE- WORK UNITS, AND 15,000 SQUARE FEET OF RETAIL USE LOCATED City Council Minutes July 9, 2008 Page 12 AT 850 AND 990 SOUTH PALM CANYON DRIVE (NEAR MESQUITE), ZONE PD-314, SECTION 23." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.G. RESOLUTION IN OPPOSITION OF AB2427 (ENG) PROPOSED AMENDMENT TO THE BUSINESS AND PROFESSIONS CODE: ACTION: Adopt Resolution No. 22275, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING AB2427 (ENG), PROPOSED AMENDMENT TO THE BUSINESS AND PROFESSIONS CODE TO PREEMPT LOCAL GOVERNMENTS FROM REGULATING PROFESSIONAL PRACTICES." Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. 2.1. AWARD A CONTRACT WITH ALTA PLANNING + DESIGN, INC., FOR THE TAHQUITZ CREEK TRAIL MASTER PLAN AND LANDSCAPE DESIGN PROJECT: ACTION: 1) Award a contract services agreement with Alta Planning + Design, Inc., for the Tahquitz Creek Trail Master Plan and Landscape Architecture Design Services in an amount not-to-exceed $60,000; and 2) Authorize the City Manager to execute the agreement. A5698. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 3- 0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. 2.P. ACCEPTANCE OF REAL PROPERTY FOR OPEN SPACE PURPOSES FROM THE MEYERMAN FAMILY TRUST IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE NO. R-08-16: ACTION: 1) Accept a Grant Deed from Harold J. and Dorothy C. Meyerman, Trustees of the Meyerman Family Trust dated August 2, 1989, conveying fee title to the City of Palm Springs a certain parcel of land containing approximately 27,864 square feet (0.64 acres) located in Section 15, Township 4 South, Range 4 East, generally located north of The Willows and west of the Palm Springs Art Museum; and 2) Direct the City Clerk to execute a Certificate of Acceptance. 00 ��'I City Council Minutes July 9, 2008 Page 13 Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet, 3, LEGISLATIVE: None. 4, UNFINISHED BUSINESS: None. 5. NEW BUSINESS.- 5-A. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2008 ANNUAL RECRUITMENT PROCESS: City Clerk Thompson provided background information as outlined in the staff report dated July 9, 2008. ACTION: 1) Appoint Gary Whitehead to the Administrative Appeals Board for the term ending June 30, 2011; 2) Ken Gregory and Steve Rosenberg to the Palm Springs International Airport Commission For the term ending June 30, 2011, and continue the third appointment to a future meeting; 3) Appoint Steven Bolerjack, Michael Hodgson and Luciano Ramirez to the Human Rights Commission for the term ending June 30, 2011; 4) Appoint Bruce McLoud to the Library Board for the term ending June 30, 2011; 5) Appoint Dorothy Bowers, Scott Meredith, and Tim Scott to the Parks and Recreation Commission for the term ending June 30, 2011; 6) Appoint Jamie Kabler and Robert Stearns to the Public Arts Commission for the term ending June 30, 2011, and appoint Jeanne Mazur to the Public Arts Commission for the unexpired term ending June 30, 2009; 7) Appoint Robert Thomas to the VillageFest Board for the unexpired term ending June 30, 2009, and Mark Spohn to the VillageFest Board for the unexpired term ending June 30, 2010; and 8) Direct the City Clerk to re-advertise and continue to solicit applications for any continued vacancies, as open until filled. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. 86C13?3 City Council Minutes July 9, 2008 Page 14 5.13. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 24-27, 2008! ACTION: Appoint Mayor Pro Tern Foat as the Voting Delegate and David Ready, City Manager, as the Voting Delegate Alternate for the 2008 League of California Cities Annual Conference in Long Beach, California. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Foat. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. 5.C. 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: Table to the City Council meeting of July 16, 2008. By consensus of the City Council, COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Mills requested staff address the vehicles "for sale" on Frontage Road near St. Theresa Church, and post the area for two-hour parking. Mayor Pro Tern Foat requested an Item to appoint a Liaison to the Office of Neighborhood Involvement, and requested and Item on a future agenda with respect to the preparation of staff reports and the reporting of Commission and City Council Subcommittee actions on Staff Reports. ADJOURNMENT: The City Council adjourned at 8:05 p.m. to a Regular Meeting, Wednesday, July 16, 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, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 000101E CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA 6 MINUTES WEDNESDAY, JULY 16, 2008 City Hall Council Chamber 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.B. 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 Tern Foat. The City Council heard Item 5.B. out of order. 5. NEW BUSINESS: 5.B. 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 Cade 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: I.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 O00101C 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 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. 1.13. 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 66C3 "S 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 NO. 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 Tem Foat. 1.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 66Wl2:1 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 Tern 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. 1.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 Tem Foat. Councilmember Mills returned to the dais. PUBLIC COMMENT: STEVE SIMS, commented on the Rainmaker Fountain at Frances Stevens Park and A131358 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. � ��u9,22 City Council Minutes July 16, 2008 Page 9 COUNCILMEMBER 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 $645,000, 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., 2.13., 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.Q., 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. A13SENT: Mayor Pro Tern Foat. 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 Tem Foat 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 ACH DEBITS OF $1,132,227.20, IN THE AGGREGATE AMOUNT OF $1,425,701.99 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.D. 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 ®0� 6r 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." 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. ® 601a25 City Council Minutes July 16, 2008 Page 12 2.L. 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 Netter 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 S681,554 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 00a0?�6 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: S.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 Tem Foat. 00010Z(y City Council Minutes July 16, 2008 Page 15 5,13. 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, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 060322D