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HomeMy WebLinkAbout5/28/2008 - STAFF REPORTS - 2.B. PPLMS.0 V N CITY OF PALM SPRINGS w MEMORANDUM COR40Mnfe0�9 h °gt,j�oa CITY CLERKS DEPARTMENT James Thompson, City Clerk TO: Mayor and Members of the City Council FROM: James Thompson, City Clerk SUBJECT: Minutes of April 2, 2008 Councilmember Mills requested that the City Clerk review the April 2, 2008 City Council minutes with respect to Item 1.B., to ensure the accuracy of the motion, and to include additional discussion, for appropriate direction to the Planning Commission. Upon review, the motion is correctly staled; however, the minutes have been expanded to included detailed discussion for transmittal to the Planning Commission. I understand the Planning Commission is scheduled to hear this Item on June 11, 2008, Mayor Pro Tern Foal requested I review the accuracy of the motion maker for Item 1.D. Upon review of the tape, the motion maker has been corrected. I believe the previous failed motion did not get cleared from the system, before the next motion was made. Item No. 2 3 • CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA €a MINUTES WEDNESDAY, APRIL 2, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Rev. Michael Kearney, Palm Springs Church of Religious Science, led the Invocation. ROLL CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Attorney Holland and City Clerk Thompson. PRESENTATIONS: Fire Chief Goetz administered the Oath of Office to Firefighters Jeff Kaimer, Craig Chastain, Brian Davis, Ashley Josephson, and Scott Hernandez, and introduced the new Firefighters to the City Council. Harold Matzner and Darryl Macdonald, Palm Springs International Film Festival, presented a status report of the successful 2008 Film Festival. David Carden, Jr., presented a neighborhood petition for Trader Joe's to relocate to Palm Springs. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 p.m. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the Closed Session Agenda. The City Council provided direction to the City Attorney with respect to settlement of the Tort Claim filed by Verizon, City Claim No. 08 0123, otherwise no reportable actions were taken. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern Foat requested Item 2.J. be removed from the Consent Calendar for separate discussion. O0@092 City Council Minutes April 2, 2008 Page 2 Councilmember Mills requested Items 2.E., 2.F., 2.1., and 2.K. be removed from the Consent Calendar for separate discussion, and noted his business related abstention for Items 2.B., 2.G., 2.H., 2.J., 21., and 2.N. Mayor Pougnet requested Items 2.E., 2.1., and 2.N. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2008-09 ANNUAL ACTION PLAN BUDGET ADOPTION, ACCEPTANCE AND APPROVAL OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) GRANT NO. B-08-MC- 06-0561 IN THE AMOUNT OF $500,027 FOR FISCAL YEAR 2008-09: Dale Cook, Community Development Administrator, provided background information as outlined in the staff report dated April 2, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. BEVERLY GREER, Stroke Recovery Center, thanked the Committee for their recommendation for funding, and requested the City Council approve the request. DEAN LOCKWOOD, Mizell Senior Center, thanked Staff and the Committee, and recommended the City Council support the grant to the Senior Center. PETER DeMARTINO, Desert AIDS Project, provided an update on the projects submitted by Desert AIDS Project, and requested the City Council approve the grant request. JUDITH SHEA, Desert Hot Springs, stated their organization was not recommended for funding, but requested a percentage of tax relating to the project at Gene Autry and Ramon, be allocated for healthcare for Sober Age. LINDA BARRACK, Jewish Family Services, requested the City Council support a matching grant so that they may obtain a HUD Grant. fui U City Council Minutes April 2, 2008 Page 3 WILLIE HOLLAND, Palm Springs, requested the City Council support the James O. Jessie Desert Highland Unity Center Fencing grant and other programs for children in the area. No further speakers coming forward, the public hearing was closed. Councilmember Weigel requested staff address the allotment and criteria, questioned if the City Council could move funds from one type of program to another type of program, and the difference between public service programs, code enforcement and capital improvement programs. Councilmember Hutcheson requested staff address funding the same organizations for more than one-year, requested staff review the number of people served in future years funding analysis, and commented on the Sunup Rotary Club Shoes that Fit Program. ACTION: 1) Adopt Resolution No. 22193, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FISCAL YEAR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN, APPROVING THE CDBG BUDGET FOR FISCAL YEAR 2008-09, AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT;" 2) Approve the Subrecipient Agreements and City Departments' Memoranda of Understanding in a form acceptable to the City Attorney; and 3) Authorize the City Manager to execute all necessary documents. City of Palm Springs, Fire Department $93,000, CERT Supplies Container. A5635. Family YMCA of the Desert, $15,000, Public Facility Improvements. A5636. DesertArc, $15,000, Safety, Security, and ADA Improvements. A5637. Mizell Senior Center, $15,000, Restroom Conservation Efficiencies. A5638. Stroke Recovery Center, $44,018, Energy Conservation Improvements. A5639 City of Palm Springs, Department of Parks & Recreation, $17,000, James O. Jessie Desert Highland Unity Center Fencing. A5640. Desert AIDS Project, $75,000, Energy Efficiency Retrofitting. A5641. 0690 (2w City Council Minutes April 2, 2008 Page 4 Shelter from the Storm, $15,000, Domestic Violence Outreach and Advocacy. A5642. Palm Springs Police Athletic League, Inc., $15,035, Partial Summer Scholarship Program. A5643. Jewish Family Services of San Diego $28,969, Desert Horizon Services and Overnight Shelter. A5644. . Court Appointed Special Advocates for Riverside County Inc., $16,000, Support Program. A5645. City of Palm Springs, Department of Community & Economic Development, $51,000, Home Repair Program. A5646. Fair Housing Council of Riverside County, $15,000, Fair Housing Program. A5647. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. I.B. CONVERSION OF AN EXISTING 13-UNIT APARTMENT COMPLEX TO A 12-UNIT CONDOMINIUM COMPLEX LOCATED AT 588 SAN LORENZO ROAD, CASE 5.1171 PD-351, PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP 35544: Ken Lyon, Associate Planner, provide background information as outlined in the staff report dated April 2, 2008. Mayor Pougnet requested staff address the current non-conforming set- backs and how they came to be. Associate Planner Lyon stated at the time the property was built, the City probably had different set-back criteria, not uncommon for a 30 to 40 year old building. Councilmember Hutcheson requested staff address if the building was occupied, if any person would be affected by the conversion. Associate Planner Lyon deferred to the Applicant who indicated the property was vacant. Mayor Pro Tem Foat requested staff address Condition Nos. 11, 13, 16, and 67; and stated Conditions 11, 13, and 16 do not seem appropriate for this type of project, further stated the last sentence of Condition No. 16 prohibits the lighting of the hillside, which did not appear applicable, and 000000 City Council Minutes April 2, 2008 Page 5 requested staff address the condition referring to under grounding utilities as to whether they would be under- ground or a covenant would be required. Director Ewing stated Condition Nos. 12 and 13 are conditions placed on all projects at the request of the Tribe, Condition No. 11 does not apply and can be eliminated for this project. City Engineer Barakian stated the utilities on the one-side of the property would be required to be underground, not a covenant. Councilmember Weigel requested staff address Condition No. 9 and recommended that the Condition be amended that the City shall have the right but not the obligation to enforce the CC&R's, and requested staff address the easement on the sidewalk, but not requiring the installation on San Lorenzo. City Engineer Barakian stated the sidewalks are already installed and the condition and the easement are required for the drive approach. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. SCOTT HINES, Representing Applicant, provided background information on the project, stated the property is currently abandoned and blighted, commented on the City Council discussions on a moratorium of conversions, but stated no moratorium is in place, and requested the City Council support the project. No further speakers coming forward, the public hearing was closed. Councilmember Mills requested staff address if this was a Planned Development not a Preliminary PD. Director Ewing stated the application before the City Council is a Preliminary Planned Development, and the Applicant had submitted both the Preliminary and the Final PD, and the Planning Commission considered both Preliminary and Final, and approved both Preliminary and Final as a single act, subject to the City Council approval. Councilmember Mills stated he was concerned about several items that do not meeting the zoning ordinance, stated the bay parking on San Lorenzo was required to be 20 feet deep with decorative paving and many of the proposed spaces are 15 Lo 17 feet deep, which may meet the requirement as a compact space. HOOTS City Council Minutes April 2, 2008 Page 6 Councilmember Mills stated the project includes adding a wall proposed to be 6 feet high in proposed set-back zone which is a violation of the ordinance, which requires a height of 4 1/2 feet in the set-back. Councilmember Mills added, that the AAC requested the wall be at 3 '/z feet, and he did not find any materials in the record to indicate if the Planning Commission agreed with AAC. Councilmember Mills stated he did not see anything that indicated the area of the trash enclosures, but the record does indicate a "service gate," and he assumed that is where the trash would go. Councilmember Mills stated he appreciated the upgrade to the structure itself, stated he is looking at the property as a whole, and when looking at the Random Road side of the property the landscaping is 25 feet from the set-back of the property line, but the bay parking is in front of the building at the entry and is identified as guest parking, stated he would prefer to see parking in the set-back area on Random Road, and the front of the building be landscaped as it should be, and not have five parking spaces in the front of it. Councilmember Mills stated the parking lot has parking for 21 or 22 cars, has two points of entrance and exit, and only needs one, which would allow for additional parking. Councilmember Mills added the handicapped parking is required by the Conditions of Approval, with the plan as presented, stated there would not be enough room for the handicapped spaces including the handicapped loading area. Councilmember Mills questioned the aesthetics and the layout as presented, and stated that if the City is going to allow the conversion, we should be improving this properly in the best way possible, and indicated that such was not being done in the proposed plan. Councilmember Mills stated there are several contradictions with the Zoning Ordinance with this property from a set-back standpoint, and he indicated he did not wish to set the precedence by allowing sub-standard properties to convert. He further stated the City Council has been concerned with the reduction of affordable housing, and if we allow the properties to convert, the City will lose its apartment stock, especially with the approval of sub-standard properties with the PD process. He also stated the covered parking requirement for condominiums would help control the conversion, and many apartments, that do not require covered parking and hence would not be able to convert to condominiums. Councilmember Mills requested the City Council review the prepared materials that indicated the set-backs for this project as proposed and the set-backs as required by code, stated the side set-back requirement was 0000 ' '� City Council Minutes April 2, 2008 Page 7 permitted at 20 feet, as proposed 3 feet, interior yard set-back is a little over, rear set-back is about 2 1/2 feet short, and the distance between buildings is about 3 feet short. Councilmember Mills stated these are the issues that the City Council must address, and if the City Council wishes to proceed, for the neighborhood and the City, the Council should proceed with the best possible plan that we can get. Councilmember Mills stated that five sub-standard bay parking spaces at the front of the building is not the best, when there is ample room on the west end of the project, which would create a much better streetscape. Councilmember Mills questioned why we would approve a 5 or 6 foot high walkway, nearly 50 to 60 feet long to go from the parking to the front gate. Councilmember Mills stated the project also has some problems architecturally and stated he would prefer that the project be looked at again, considering the issues he has brought up, and he would like to see a list of all the violations that the City Council is approving. Councilmember Mills questioned why Condition No. 84 for automatic fire sprinkler systems, along with Fire Dept. access roads are included in the Conditions of Approval, stated that staff needs to review all of the conditions for their applicability and include only those Conditions needed and required for the project. Councilmember Mills stated this is a simple project, and the effort has not been put forth, and commented on the lack of evaluation and review of this project. Councilmember Mills stated that he would request a re-study on the plan, and to bring back a better site plan, and reiterated his previous comments on differences between the proposed project and the requirements in the zoning code. Mayor Pro Tern Foat stated she agreed that including conditions that are not applicable to the project is confusing for the City Council. Mayor Pougnet outlined and requested staff respond to specific questions as brought forth by the City Council. Director Ewing stated that bay-parking is allowed by code to be 18 feet deep and stated perhaps 3 spaces are short. Associate Planner Lyon stated that in the Planning Commission staff report the parking finishes are to be required per City standards, the proposed development includes covered parking for 12 spaces, and 066801 s City Council Minutes April 2, 2008 Page 8 stated he would need to confirm with the City's ADA Specialist, whether current apartments converting may be except from the handicapped parking requirement. Director Ewing indicated that Condition No. 50 requires the bay-parking be moved 4 feet onto the site to conform, and Condition No. 51 requires that the bay-parking be paved with decorative paving as required by the code. Director Ewing stated the 6 foot wall was included in the staff report which calls out the wall height as part of the Planned Development. Councilmember Mills stated the City Council is reviewing a document that shows landscaping, and when the parking and wall are moved there will not be space for landscaping, stated the Condition may be in the approval but it does not work. Councilmember Mills stated as part of the request, let's see what we are approving. Associate Planner Lyon stated the trash would be included behind the service gate. Ruben Walters, Designer representing Applicant, explained the processing for the landscape strip, and stated the AAC was adamant about having a landscape buffer between the next property and the proposed parking lot, and stated they did not consider putting additional parking in that zone, and stated the trash will be enclosed behind the service gate. Councilmember Mills requested the Applicant address the two drives into the parking area. Ruben Walters explained the first proposal included only one driveway, and at the AAC meeting they were informed that two gates would allow for fire truck access without turning around. Councilmember Mills questioned if that was a requirement of the Fire Department, and Ruben Walters stated it was the AAC. Councilmember Mills questioned if the Applicant would have a problem moving the 5 spaces, perhaps as tandem parking on Random Road, and the Applicant stated they could move the compact spaces, but for guest parking it would be advantageous to have parking at the front of the building. 0HM City Council Minutes April 2, 2008 Page 9 Councilmember Weigel stated the current parking lot is large, and requested the current number of spaces; Ruben Walters indicated the parking as proposed is the parking that currently exists, with the exception of the landscaped strip, which removes potential parking due to the AAC requirement for a landscape buffer. Councilmember Weigel questioned if parking could be placed in the landscape area. Councilmember Mills stated the requirements of internal parking area, along with the requirement of a landscape buffer, and if the parking was moved to Random they would not have a landscape requirement. Councilmember Weigel questioned if there was a condition that the City Council could require, to deal with the parking issue, or if the only solution was to come back. Director Ewing stated the Planning Commission's approval of the Final PD, was subject to the City Council's action and if the City Council wished to move forward with the conversion, with regard to the site plan, the City Council could approve the Preliminary, but subject to revisions. Director Ewing stated he believed the parking could be significantly altered if there was not a requirement for a second driveway, which could be done at the final PD stage. Councilmember Mills stated the covered parking requirements is 12 spaces due to the 12 units, and the handicapped issue will be worked out; however, the plan only has 11 spaces. and Ruben Walters stated there was a change to the plan to add the additional space. ACTION: Adopt Resolution No. 22195, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1171 PD-351 AND TENTATIVE TRACT MAP 35544 FOR THE CONVERSION OF AN EXISTING 13-UNIT APARTMENT COMPLEX TO A 12-UNIT CONDOMINIUM COMPLEX LOCATED AT 588 SAN LORENZO ROAD" subject to review of the Final Plan by the Planning Commission to consider the City Council discussion, modifying the second sentence of Condition No. 9 to read "The City shall have the right but not the obligation to enforce the CC&R's, the CC&R's shall not be amended without City Approval, and shall require maintenance of all property in good condition and in accordance with all ordinances," and deleting the last sentence of Condition No. 16. Motion Councilmember Weigel, seconded by Mayor Pro Tom Foat and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: Councilmember Mills. City Council Minutes April 2, 2008 Page 10 I.C. DESIGNATION OF THE PROPERTY "COACHELLA VALLEY SAVINGS BANK" KNOWN AS THE "WASHINGTON MUTUAL BANK" BUILDING, AS A CLASS 1 HISTORIC SITE, LOCATED AT 499 SOUTH PALM CANYON DRIVE, CASE HSPB 53: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 2, 2008. Mayor Pro Tern Foat requested staff address the status of the ATM and the cover, the building of the parking structure, and requested staff address why the parking structure was removed from the historic designation. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. Councilmember Mills requested staff address the minutes of the Historic Site Preservation Board. ACTION: Adopt Resolution No. 22196, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE BUILDING AT 499 SOUTH PALM CANYON DRIVE, 'COACHELLA VALLEY SAVINGS BANK' KNOWN AS `WASHINGTON MUTUAL BANK' AS A CLASS 1 HISTORIC SITE," modifying Condition No. 3 to read "No permit for the alteration of the exterior, including signage and any and all of the defining elements and characteristics shall be issued without prior approval pursuant to the provisions of the Palm Springs Zoning Code," amending Condition No. 6 to read "The parking garage is included in the Class 1 designation," and removing all other references in the resolution to the exclusion of the parking garage. Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. The City Council recessed at 8:17 p.m. The City Council reconvened at 8:27 p.m. 1.D. GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT DISTRICT FOR THE REDEVELOPMENT OF THE EXISTING PALM MOUNTAIN RESORT AND SPA, ON AN APPROXIMATE 2.77 ACRE SITE, LOCATED AT 155 SOUTH BELARDO ROAD, CASES 5.1162- GPA AND PD-342: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 2, 2008. Councilmember Hutcheson requested City staff address the number of parking spaces required. • OCJI� ��� 1 City Council Minutes April 2, 2008 Page 11 Mayor Pro Tem Foat requested staff address the VIP parking area. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. TIM ELLIS, Applicant Palm Mountain Resort, outlined the previous revisions to the landscaping and parking plan requested by the City Council at the prior hearing, and summarized the development process. WESLEY COLE, Palm Springs, spoke in support of the project. JIM TURNEY, read a letter from the Palm Springs Economic Development Corporation, in support of the project. DANA STEWART, Palm Springs, stated the project is too dense and does not provide enough parking, and spoke in opposition to the project. GIGI TRIEBER, Palm Springs, commented on lack of parking, and spoke in opposition to the project. CRAIG BLAU, commented on in-lieu parking, the calculation of parking spaces and the offsite parking. JONO HILDNER, Palm Springs, commented on the height requirements, and requested the City Council send the project back to comply with the height requirements. CHARLES SACHS, Palm Springs, commented on the lack of parking. JOHN PRVINSKI, stated the Chamber of Commerce is in support of the project and commented on parking. THERESE HAYES, Palm Springs, commented on the lack of parking in the Downtown area, and requested the City Council not approve the project as presented. FRANK TYSEN, Palm Springs, commented on the Palm Mountain parking deficit, and spoke in opposition to the project. TIM ELLIS, Applicant Rebuttal, commented on the parking in the Downtown area. No further speakers coming forward, the public hearing was closed. Mayor Pougnet requested staff address the location of the 40 new spaces. 0990i21 City Council Minutes April 2, 2008 Page 12 Mayor Pro Tern Foat commented on the need for new hotel stock in the Downtown area, lack of parking in the area, the reduction of public street parking, the height of the project, and the number of proposed rooms. Councilmember Mills requested staff address the existing building footprint, commented on the parking and density, and expressed concerns about the site plan. Councilmember Hutcheson commented on the constant changes with respect to the number of parking spaces needed, the lack of parking in the Downtown, the fairness to other property owners and hotel owners in the area, and stated the project needs further study. Councilmember Weigel commented on the previous public hearing and the City Council requests, and spoke in support of the project. Mayor Pro Tern Foat stated the project needs to be returned to the Planning Commission. MOTION: Continue the public hearing and direct staff to work with the Applicant to address the concerns of the City Council. Motion Councilmember Weigel, failed for lack of a second. Mayor Pougnet commented on the project parking and the lack of parking in the Downtown area, and stated the site has density issues. ACTION: Refer the project back to AAC and the Planning Commission for further review. Motion Mayor Pro Tern Foat, seconded by Councilmember Hutcheson and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: Councilmember Weigel. 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. REQUEST BY D. W. JOHNSTON TO AMEND THE FINAL CONDITIONS OF APPROVAL RELATING TO STREET IMPROVEMENTS OF A PREVIOUSLY APPROVED FIVE-LOT TENTATIVE TRACT MAP 31422- A, LOCATED AT 2630 ANZA TRAIL: ACTION: 1) Continue the Public Hearing to May 21, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continuance. 0300: 3 City Council Minutes April 2, 2008 Page 13 Motion Councilmember Hutcheson, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. PUBLIC COMMENT: DANA STEWART, Palm Springs, commented on boulder blasting, and stated the City needs to change the development and process in the City. PATRICK WILLIAMS, Desert Hot Springs Police Chief, thanked the City Council for the grant to the Police Activities League. TRACY TURNER, Palm Springs, commented on recent problems at the Veteran's for Peace demonstration. FRANCIS MILLER, commented on recent problems at the Veteran's for Peace demonstration. TOM SWANN commented on recent problems at the Veteran's for Peace demonstration. MARY ANN VERON, commented on recent problems at the Veteran's for Peace demonstration. CAROLE SCHAUDT, commented on recent problems at the Veteran's for Peace demonstration. DAVID GALLEGO, Palm Springs, commented on recent problems at the Veteran's for Peace demonstration. CHARLES SACHS, Palm Springs, commented on the recent removal of trees at the Casa De Oro condominium complex. ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion Mayor Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried. DONNA BUCKINGER, Palm Springs, commented on the lack of maintenance at the Palm Springs Country Club. 6599 W City Council Minutes April 2, 2008 Page 14 RON WILLISON, Library Board of Trustees, commented on Item 5.A., and requested the City Council consider the funding request for the expansion of the Palm Springs Library. DOUG WASHBURN, Palm Springs, commented on the Palm Mountain public hearing process and sustainable development. BILL RANSOM, commented on Item 2.E., and requested the City Council waive the Noise Ordinance for the annual White Party. COUNCILMEMBER COMMENTS: Mayor Pougnet requested the City Attorney address the issues at Palm Springs Country Club. Mayor Pro Tern Foat commented on recent problems at the Veteran's for Peace demonstration. CITY MANAGER'S REPORT: None. The City Council recessed at 10:10 P.M. as the City of Palm Springs Community Redevelopment Agency. The City of Palm Springs Community Redevelopment Agency adjourned at 10:11 P.M. and the City Council reconvened. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.G., 2.H., 2.L., 2.M. Motion Mayor Pro Tern Foat, 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 April 2, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of March 19, 2008. Approved as part of the Consent Calendar, noting the abstention of Councilmember Mills. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22197, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1026964 IN THE AMOUNT OF $8,960.00 DRAWN ON BANK OF AMERICA;' 2) Adopt Resolution No. 22198, "A RESOLUTION 0000 City Council Minutes April 2, 2008 Page 15 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-8-08, BY WARRANTS NUMBERED 413147 THROUGH 413200 TOTALING $82,813.87, LIABILITY CHECKS NUMBERED 1026965 THROUGH 1026986 TOTALING $143,968.30, THREE WIRE TRANSFERS FOR $62,100.83 AND THREE ELECTRONIC ACH DEBITS OF $1,091,947.14, IN THE AGGREGATE AMOUNT OF $1,380,830.14 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22199, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1026987 THROUGH 1027247 IN THE AGGREGATE AMOUNT OF $2,231,609.41 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2,113. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE. NO. 1729, RELATING TO THE ESTABLISHMENT OF LAND USE REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS: ACTION; Waive further reading and adopt Ordinance No. 1729, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 93.15.10 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF LAND USE REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS." Approved as part of the Consent Calendar. 2.G. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5246, FOR TRACT MAP 33561, WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC: ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5246, for Tract Map 33561, with P.S. Venture Indian Canyon/San Rafael, LLC. A5246. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.H. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5276, FOR TRACT MAP 32675, WITH CONTEMPO COUNTRY CLUB ESTATES, LLC: ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5276, for Tract Map 32675, with Contempo Country Club Estates, LLC. A5276. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. City Council Minutes April 2, 2008 Page 16 2.L. SET INTEREST RATES ON THE PROMISSORY NOTES ON THE SALE OF THE CONVENTION CENTER PARKING LOT AND FRANCES STEVENS PARK: ACTION: Set the interest rates on the promissory notes (approved by Resolution No. 22106) for the sale of the Convention Center North Parking Lot and Frances Stevens Park at 10% for Fiscal Year 2008-09. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.M. THREE COOPERATIVE AGREEMENTS WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT: ACTION: 1) Approve a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, associated with the construction, operation, and maintenance of flood control improvements identified as "Palm Springs Lateral 6A and Lateral 4", Project No, 6-0- 00223; 2) Approve a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, associated with the construction, operation, and maintenance of flood control improvements identified as "Palm Springs Line 8 and Lateral 8A", Project No. 6-0-00302 and 6-0-00226; 3) Approve a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, associated with the construction, operation, and maintenance of flood control improvements identified as "Palm Springs Laterals 20C and 20CA", Project No. 6-0- 00224; and 4) Authorize the City Manager to execute all necessary documents. A5649. A5650, A5651. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.E. SUSPENSION OF NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 93,20.00), AND DANCES (CHAPTER 5.12), AND APPROVE A CARNIVAL ON APRIL 18, 19, AND 20, 2008, TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA CABALLEROS, AND 444 E, ARENAS ROAD FOR JEFFERY SANKER ENTERTAINMENT: Councilmember Mills requested staff address the fireworks display, and stated his general support for the event, but could not support the request on Arenas Road due to the proximity and disruption to the neighborhood. Mayor Pougnet stated the attendance for this event is in decline and requested the number of hotel rooms referenced in the resolution be deleted. City Council Minutes April 2, 2008 Page 17 Councilmember Weigel expressed concerns with respect to the effect to the neighborhoods, and the applicability of State Law regarding disturbing the peace. ACTION: Adopt Resolution No. 22200, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 93.20.00), AND DANCES (CHAPTER 5.12), AND APPROVE A CARNIVAL ON APRIL 18, 19, AND 20 2008, TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, AND 277 NORTH AVENIDA CABALLEROS," deleting the reference to the number of hotel bookings. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: Councilmember Weigel. ACTION: Adopt Resolution No. 22201, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 93.20.00), AND DANCES (CHAPTER 5.12), AND APPROVE A CARNIVAL ON APRIL 18, 19, AND 20 2008, TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 444 E. ARENAS ROAD," deleting the reference to the number of hotel bookings. Motion Mayor Pougnet, seconded by Councilmember Hutcheson and carried 3-2 on a roll call vote. AYES: Councilmember Hutcheson, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: Councilmember Mills and Councilmember Weigel. 2.F. AWARD THE CONTRACT FOR THE FISCAL YEAR 2007-08 ANNUAL SLURRY SEAL PROJECT TO BOND BLACKTOP INC., IN THE AMOUNT OF $687,452.15, CITY PROJECT 07-18: Councilmember Mills requested staff address the traffic calming on Toledo. Councilmember Hutcheson requested staff outline the next steps with respect to the Toledo improvements. ACTION: 1) Approve an agreement with Bond Blacktop, Inc., for Alternative Bid Schedule A, Alternative Bid Schedule B, Alternative Bid Schedule C, Alternative Bid Schedule D, Alternative Bid Schedule E, and Alternative Bid Schedule F, for the Fiscal Year 2007-08 Annual Slurry Seal Project, in the amount of $687,452.15, City Project 07-18;" and 2) Authorize the City Manager to execute 6000J 8 City Council Minutes April 2, 2008 Page 18 all necessary documents. A5648. Motion Mayor Pro Tom Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.L TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT A5426, FOR TRACT MAP 32732, WITH 111/CAMINO REAL: Councilmember Mills requested this Item be continued for two-weeks due to concern with the installed wall. ACTION: 1) Approve a two-week extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5426, for Tract Map 32732, with 111/Camino Real, LLC.; and 2) Direct staff to place a further extension on the April 16, 2008, Agenda for discussion and action. A5426. Motion Councilmember Mills, seconded by Mayor Pougnet and unanimously carried on a roll call vote. Councilmember Mills stated he has a business related conflict of interest with respect to Item 2.J., would not participate in the discussion or the vote, and left Council Chamber. 2.J. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5324, FOR TRACT MAP 33933, WITH P.S. AVENIDA CABALLEROS/SAN RAFAEL, LLC: Mayor Pro Tom Foat requested the extension be limited to one-year. ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5324, for Tract Map 33933, with P.S. Avenida Caballeros/San Rafael, LLC. A5324. Motion Mayor Pro Tom Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None, ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. 2.K. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NOS. A5086, A5087, A5088, AND A5089 FOR TRACT MAP 32233-1, 32233-2, 32233-3, AND 32233-4, WITH PALM SPRINGS CLASSIC, LLC: Councilmember Mills questioned if additional restrictions could be placed on the agreement, with respect to the golf course. City Council Minutes April 2, 2008 Page 19 ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement Nos. A5086, A5087, A5088, and A5089, for Tract Map No. 32233-1, 32233-2, 32233-3, and 32233-4, with Palm Springs Classic, LLC. A5086. A5087. A5088. A5089. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. Councilmember Mills stated his has a business related conflict of interest with respect to Item 2.N., would not participate in the discussion or the vote, and left Council Chamber. 2.N. REQUEST BY NEXUS DEVELOPMENT FOR A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 34165, A SUBDIVISION TO CONSTRUCT AN 84-UNIT CONDOMINIUM COMPLEX, A CLUBHOUSE AND RECREATION AREAS, LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD: Mayor Pougnet requested staff address the temporary fencing. ACTION: Adopt Resolution No. 22202, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM APRIL 19, 2008, TO APRIL 18, 2009, FOR CASE NO. TTM 34165, A SUBDIVISION TO CONSTRUCT AN 84-UNIT CONDOMINIUM COMPLEX, A CLUBHOUSE AND RECREATION AREAS LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD, ZONE HR AND MBR, SECTION 14." Motion Mayor Pougnet, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. 3. LEGISLATIVE: 3.A, PROPOSED ORDINANCE TO ESTABLISH THE PRIMA FACIE SPEED LIMITS OF KIRK DOUGLAS WAY: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 2, 2008. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1740, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL 000©Z City Council Minutes April 2, 2008 Page 20 CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS." Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3.113. VACATING, RESCINDING, REPEALING, AND OTHERWISE SETTING ASIDE APPROVAL OF ORDINANCE NOS. 1657 AND 1658, RESOLUTION NOS. 20993, 20995, AND 20996, RELATING TO THE 2004 PALM HILLS DEVELOPMENT PROJECT: ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Adopt Ordinance No. 1741, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING, RESCINDING, REPEALING AND OTHERWISE SETTING ASIDE APPROVAL OF ORDINANCE NOS. 1657 AND 1658 RELATING TO THE PALM HILLS PROJECT;' and 3) Adopt Resolution No. 22203, "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING, RESCINDING, AND OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NOS. 20993, 20995, AND 20996 RELATING TO THE PALM HILLS PROJECT." Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. REQUEST FROM THE BOARD OF LIBRARY TRUSTEES RECOMMENDING THE CITY COUNCIL DESIGNATE FUNDS OF THE AGENCY TAX ALLOCATION BONDS FOR THE LIBRARY REMODEL AND EXPANSION AND APPOINT A CITY COUNCIL SUBCOMMITTEE FOR THE LIBRARY RENOVATION: ACTION: 1) Receive and file the Resolution of the Board of Library Trustees; 2) Appoint Councilmember Mills and Councilmember Weigel to a City Council Subcommittee as Liaisons to the Library Board for the renovation project; and 3) Direct the City Council Subcommittee to meet with the Library Board to discuss the request. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None. ADJOURNMENT: The City Council adjourned at 10:46 p.m. to a Regular Meeting, Wednesday, April 16, 2008, at 6:00 P.M. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. No Study Session will be held on April 9, 2008. WOOL, City Council Minutes April 2, 2008 Page 21 APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 28TH DAY OF MAY, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK ®0001 % 2 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA s ; MINUTES WEDNESDAY, APRIL 16, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Pastor Mike Coppersmith, Our Savior's Community Church, 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: Mayor Pougnet and the City Council presented a Certificate of Recognition to Jeanne Mazur Messing, the City's honoree for the Senior Inspiration Awards. Mayor Pougnet and the City Council proclaimed April 2008, as Palm Springs Life Month in the City of Palm Springs. Mayor Pougnet and the City Council proclaimed April 2008, as Child Abuse Prevention Month in the City of Palm Springs, Mayor Pougnet announced the Grand Opening of Home Depot and Signature Flight Support, in the City of Palm Springs. REPORT OF CLOSED SESSION, City Attorney Holland reported that at 5:00 p.m. the meeting was called to order and the City Council recessed into Closed Session to discuss the Items on the posted Closed Session Agenda. The City Council by unanimous vote approved a Settlement Agreement for the case Committee for Better Community Planning v. City of Palm Springs, at. al., Case No. INC 072015 Riverside Superior Court, Indio Division. A5652. No other reportable actions were taken. 000628 City Council Minutes April 16, 2008 Page 2 ACCEPTANCE OF THE AGENDA: Mayor Pro Tern Foat requested the City Clerk review the minutes of April 2, 2008, motion for Item 1.D., and requested Items 2.K., 21., and 2.P„ be removed from the Consent Calendar for separate discussion. Councilmember Hutcheson requested Items 2.0. and 2.R. be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Items 2.13 and 2.0. be removed from the Consent Calendar for separate discussion, and noted his business related abstention on Items 2.1. and 2.P. Mayor Pougnet requested Items 2.K. and 2.Q. be removed from the Consent Calendar for separate discussion, and noted his business related abstention on Item 2.J. City Clerk Thompson stated staff has requested Item 5.A. be withdrawn from the Agenda. City Clerk Thompson requested the City Council add an Item to the Agenda as Item 2.5. titled: APPOINTMENT OF SHARON LOCK AS THE CITY'S REPRESENTATIVE TRUSTEE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD AND JOINDER IN THE CITY OF INDIO'S CALL FOR THE RIVERSIDE COUNTY CIVIL GRAND JURY INVESTIGATION OF ALLEGATIONS OF MISCONDUCT AND MISMANAGEMENT AT THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. ACTION: 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 add the Item to the April 16, 2008 Agenda as Item 2.5. Motion Mayor Pro Tern Foat, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 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. APPEAL BY JACKIE SWISHER OF THE DECISION OF THE PLANNING COMMISSION DENYING A RECREATIONAL VEHICLE PERMIT ON PROPERTY LOCATED AT 335 WEST YORBA ROAD, CASE RV 07-005: City Clerk Thompson stated the City received a request from the Appellant to continue the hearing, several members or the public were present to 000024 City Council Minutes April 16, 2008 Page 3 address the Item, and the City Council may open the public hearing to receive such, then continue the hearing. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. ROBERT KENNEY, Palm Springs, requested the City Council deny the appeal. BRUCE BOHL, Palm Springs, requested the City Council deny the appeal. JOY SMITH, Palm Springs, requested the City Council deny the appeal. GEORGE THOMAS, Palm Springs, requested the City Council deny the appeal. RODELL HENSHAW, requested the City Council deny the appeal. No further speakers coming forward, the City Council considered a motion to continue the public hearing. ACTION: 1) Continue the Public Hearing to May 7, 2008, at the request of the Appellant; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. Mayor Pro Tern Foat stated she requested several months ago that staff bring forward an ordinance on RV's, commented on the amount of staff time with regard to this process, and requested staff address the preparation of an ordinance. 1.B. PROPOSED ZONING ORDINANCE AMENDMENT RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE, CASE 5.1173: Thomas Wilson, Assistant City Manager, provided background information as outlined in the staff report dated April 16, 2008, Councilmember Mills requested staff clarify the boundaries as Alejo and Baristo. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. JOY MEREDITH, Palm Springs, stated her support for the Ordinance as amended. aaaa�5 City Council Minutes April 16, 2008 Page 4 JOY SMITH, Palm Springs, stated her support for the Ordinance as amended. DARRON DAHLE, stated his support for allowing financial institutions in the Downtown area. No further speakers coming forward, the public hearing was closed. Councilmember Mills requested staff address the issuance of a CUP near the expiration of the Ordinance, and stated he is not in support of the Ordinance. Mayor Pro Tern Foat commented on the lack of a sunset provision in the text of the Ordinance, problems with a sunset provision with long term leases, and commented on business planning and business retention. Councilmember Hutcheson commented on the history of the proposed Ordinance and the positive impact for a mix of businesses in the Downtown area. Councilmember Weigel requested a sunset clause. Councilmember Mills requested staff address the type of CUP that would be issued, a Type 1 requiring Planning Commission approval or a Type 2 requiring City Council approval, and stated his preference for the issuance of a Type 2 CUP. MOTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Reintroduce on first reading Ordinance No. 1728, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.09.01 OF THE PALM SPRINGS ZONING CODE RELATED TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE;" amending the Ordinance to provide a sunset clause expiring in 2013. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and failed 2-3 on a roll call vote. AYES: Councilmember Hutcheson and Councilmember Weigel. NOES. Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. PUBLIC COMMENT: BONNIE REISS, commented on Item 4.8. regarding portable open signs in the City's Commercial Zones. 00O026 City Council Minutes April 16, 2008 Page 5 LAWRENCE HALL DAWSON, Palm Springs, commented on the conditions of the golf course at the Palm Springs Country Club. JON DOSA, commented on the condition of the golf course at the Palm Springs Country Club, and requested the City Council require maintenance of the fence at Contempo Homes. ANDREW STARKE, requested the City Council approve Item 2.R., purchase of scoreboard at the Palm Springs Stadium, and commented on an increase in appropriate behavior at Sunrise Park. ROGER CASE, Palm Springs, commented on the condition of the golf course at Palm Springs Country Club. M. DOLORES DOUGHERTY, Palm Springs, commented on the condition of the golf course at the Palm Springs Country Club. INGRID ROBERTSHAW, Palm Springs, commented on the conditions of the golf course at the Palm Springs Country Club. JACK CRETRET, commented on the conditions at the Palm Springs Country Club. DEAN WEBER, Palm Springs, commented on the conditions at the Palm Springs Country Club. JOHN SCHUMACHER, commented on the conditions of the golf course at Palm Springs Country Club. DONNA BUCKINGER, commented on the conditions of the golf course at the Palm Springs Country Club. JOY MEREDITH, Palm Springs, commented on Item 4.13. regarding portable open signs. DARRON DAHLE, commented on Item 4.13. regarding portable open signs. RODOLFO CASTILLO, commented on Item 4.B. regarding portable open signs. WILLIE HOLLAND, commented on waste collection in the City of Palm Springs. DANA STEWART, Palm Springs, commented on the conditions of the golf course at the Palm Springs Country Club. 000027 City Council Minutes April 16, 2008 Page 6 COUNCILMEMBER COMMENTS: Mayor Pougnet requested the City Attorney address the City's efforts with respect to the issues at the Palm Springs Country Club. Mayor Pro Tem Foat requested the City Attorney address the health and fire hazards at the Palm Springs Country Club. Councilmember Hutcheson requested staff address the storage of chemicals reported at the Palm Springs Country Club. Councilmember Mills requested the Fire Department address the storing of chemicals at the Palm Springs Country Club. CITY MANAGER'S REPORT: None. The City Council recessed at 8:05 p.m. The City Council reconvened at 8:14 P.M., as a Joint Meeting of the City Council and the City of Palm Springs Financing Authority. FA. FINANCING AUTHORITY ITEMS: FA1. 2008 PASSENGER FACILITY CHARGE BOND RESTRUCTURING: Tom Nolan, Executive Director of Aviation, provided background information as outlined in the staff report dated April 16, 2008. ACTION: 1) Adopt Resolution No. 22204, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE, SALE, AND DELIVERY OF THE CITY OF PALM SPRINGS 2008 AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REFUNDING REVENUE BONDS (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH." Motion Mayor Pro Tom Foat, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. The City of Palm Springs Financing Authority Adjourned at 8:17 p.m., and the City Council continued. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.M., and 2.N. Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. aaaa�g City Council Minutes April 16, 2008 Page 7 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the April 16, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22205, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1027248 THROUGH 1027256, IN THE AGGREGATE AMOUNT OF $138,070.82, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22206, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-22-08 BY WARRANTS NUMBERED 413201 THROUGH 413249 TOTALING $75,858.16, LIABILITY CHECKS NUMBERED 1027257 THROUGH 1027278 TOTALING $143,500.84, THREE WIRE TRANSFERS FOR $59,507.06, AND THREE ELECTRONIC ACH DEBITS OF $1,080,072.46, IN THE AGGREGATE AMOUNT OF $1,358,938.62 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22207, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1027279 THROUGH 1027539, IN THE AGGREGATE AMOUNT OF $1,784,208.00, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. STAFF AUTHORIZED AGREEMENTS FOR MARCH 2O08: ACTION: Receive and file Staff Authorized Agreements covering the period March 1 through March 31, 2008. Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2008: ACTION: Receive and file the Treasurer's Investment Report as of January 31, 2008- Approved as part of the Consent Calendar. 2.F. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 29, 2008: ACTION: Receive and file the Treasurer's Investment Report as of February 29, 2008. Approved as part of the Consent Calendar. 2.G. REQUEST FROM JENSEN'S COMPLETE SHOPPING INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AND HOLD WINE TASTINGS AT 2465 EAST PALM CANYON DRIVE, CASE NO. 5.1194-PCN: ACTION: 1) Adopt Resolution No. 22208, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AND HOLD WINE TASTINGS AT THE PROPOSED JENSEN'S SUPERMARKET aaaa�s City Council Minutes April 16, 2008 Page 8 LOCATED AT 2465 EAST PALM CANYON DRIVE, BUILDING 7, ZONE CSC, SECTION 25." Approved as part of the Consent Calendar. 2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO, 1740, TO ESTABLISH THE PRIMA FACIE SPEED LIMITS OF KIRK DOUGLAS WAY: ACTION: Waive further reading and adopt Ordinance No. 1740, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS." Approved as part of the Consent Calendar. 2.1. REQUEST FROM CONTEMPO HOMES FOR A ONE-YEAR TIME; EXTENSION FROM APRIL 6, 2008, TO APRIL 5, 2009, FOR TENTATIVE TRACT MAP 33623, A SUBDIVISION ON AN APPROXIMATE 3.42-ACRE PARCEL FOR TEN SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF VIA ESCUELA AND WEST OF GENE AUTRY TRAIL, CASE TTM 33623: ACTION: Adopt Resolution No. 22209, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM APRIL 6, 2008, TO APRIL 5, 2009, FOR TENTATIVE TRACT MAP 33623, A PREVIOUSLY APPROVED SUBDIVISION OF AN APPROXIMATE 3.42- ACRE PARCEL FOR TEN SINGLE FAMILY RESIDENTIAL LOTS, LOCATED NORTH OF VIA ESCUELA AN❑ WEST OF GENE AUTRY TRAIL, CASE TTM 33623." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.J. REQUEST FROM CONTEMPO HOMES FOR A ONE-YEAR TIME EXTENSION FROM APRIL 6, 2008, TO APRIL 5, 2009, FOR TENTATIVE TRACT MAP 30350, A SUBDIVISION ON AN APPROXIMATE 11.42-ACRE PARCEL FOR 39 SINGLE FAMILY RESIDENTIAL LOTS LOCATED SOUTH OF VERONA ROAD AND EAST OF WHITEWATER CLUB DRIVE, CASE TTM 30350: ACTION: Adopt Resolution No. 22210, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM APRIL 6, 2008, TO APRIL 5, 2009, FOR A PREVIOUSLY APPROVED SUBDIVISION OF AN APPROXIMATE 11.42-ACRE PARCEL FOR 39 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED SOUTH OF VERONA ROAD AND EAST OF WHITEWATER CLUB DRIVE, ZONE R-1-D, SECTION 6, CASE TTM 30350." Approved as part of the Consent Calendar, noting the business related abstention of Mayor Pougnet. 0000,0 City Council Minutes April 16, 2008 Page 9 2.M. CHANGE ORDER NO. 1 TO AGREEMENT NO. A5616 WITH G & M CONSTRUCTION FOR AN ADDITIONAL AMOUNT OF $48,850, TOTAL CONTRACT PRICE OF $1,635,850, FOR THE READY RETURN LOT EXPANSION PROJECT, CITY PROJECT 07-23: ACTION: 1) Approve Change Order No. 1 to Agreement No. A5616 with G & M Construction for an additional amount of $48,850, revised total contract price of $1,635,850, for the Ready Return Lot Expansion Project, City Project 07-23; and 2) Authorize the City Manager to execute all necessary documents. A5616. Approved as part of the Consent Calendar. 2.N. AMENDMENT NO. 1 TO AGREEMENT NO. A5348 WITH REYNOLDS, SMITH AND HILLS, INC., AVIATION CONSULTING SERVICES AGREEMENT FOR BID PHASE - CP NO. 2007-21, AIP 44 RUNWAY 13L/31 R AND TAXIWAY "E" / CONNECTORS REHABILITATION: ACTION: 1) Approve Amendment No. 1 to Agreement No. A5348 with Reynolds, Smith & Hills, Inc. for an additional amount of $36,289, a revised total contract price of $596,759, contingent upon FAA approval; and 2) Authorize the City Manager to execute Amendment No. 1 to Agreement A5348. A5348. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2,13. APPROVAL OF MINUTES: Councilmember Mills questioned the action in Item 1.13., and requested the City Clerk provide detailed information on the Minutes for Item 1-B., to provide additional information to the Planning Commission with respect to the City Council discussion. Mayor Pro Tern Foat requested the City Clerk review the minutes of April 2, 2008, with respect to the motion for Item 1.D. ACTION: Table for further review and expanded discussion. By consensus of the City Council. 2.K. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5080 FOR TRACT MAP 30058 WITH K. HOVNANIAN'S FOUR SEASONS PALM SPRINGS, LLC: Mayor Pro Tem Foat requested staff clarify the entrance on the tract map. Mayor Pougnet requested staff address if the issues regarding the proposed park have been resolved. a 0 0 0 City Council Minutes April 16, 2008 Page 10 ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5080 for Tract Map 30058, with K. Hovnanian's Four Seasons Palm Springs, LLC. A5080. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 2.L. APPROVE A FIVE-YEAR AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK: John Hardcastle, Emergency Services Coordinator, provided background information as outlined in the staff report dated April 16, 2008. ACTION: 1) Approve a five-year agreement with Emergency Communications Network in the amount of$15,000 annually; and 2) Authorize the City Manager to execute all necessary documents. A5653. Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.0. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE SOUTH CITY HALL PARKING LOT REHABILITATION, CITY PROJECT 01-17; Councilmember Hutcheson requested staff address the paving of City Hall parking lot in relation to the paving of City Streets. Councilmember Mills commented on the landscape plans and the removal of trees, recommended a comprehensive design plan to address the overall landscaping at City Hall, and stated this would be a good time to change the light fixtures as well. City Manager Ready stated that staff will bring back for further discussion. No action taken. Councilmember Mills stated he has a business related conflict of interest with respect to Item 2.P., would not participate in the discussion or the vote, and left Council Chamber. 2.P. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5393 FOR TRACT MAP 31848-1 WITH SUNCAL PSV, LLC: Mayor Pro Tem Foat commented on the complaints with respect to the blow sand from this project, and requested staff address the conditions on the site and include a maintenance provision in the agreement. Councilmember Hutcheson requested staff address the condition of the public improvements and the schedule for completion. 000032 City Council Minutes April 16, 2008 Page 11 ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5393 for Tract Map 31848-1, with SUNCAL PSV, LLC, A5393. Motion Mayor Pougnet, seconded by Councilmember Weigel and carried 3-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: Mayor Pro Tern Foat. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. 2.Q. SUPPORT FULL FUNDING FOR JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY: City Manager Ready provided background information as outlined in the staff report dated April 16, 2008. ACTION: Adopt Resolution No. 22211, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING FULL FUNDING FOR JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY." Motion Mayor Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 2.R. PURCHASE OF SCOREBOARD FOR PALM SPRINGS STADIUM FROM SPECTRUM CORPORATION IN THE AMOUNT OF $64,559.41; Councilmember Hutcheson requested staff address the funding from Palm Springs Power and the status of their lease. Councilmember Mills stated he is in support of the project, requested staff address the funding, and stated the maintenance needs to be routine at the Stadium. ACTION: 1) Approve the purchase of a scoreboard from Spectrum Corporation in the amount of $64,559.41; and 2) Authorize the City Manager to execute all necessary documents necessary to effectuate this action. Motion Councilmember Weigel, seconded by Mayor Pougnet and unanimously carried on a roll call vote. 2.S. ADDED ITEM APPOINTMENT OF SHARON LOCK AS THE CITY'$ REPRESENTATIVE TRUSTEE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD AND JOINDER IN THE CITY OF INDIO'S CALL FOR THE RIVERSIDE COUNTY CIVIL GRAND JURY INVESTIGATION OF ALLEGATIONS OF MISCONDUCT AND 900028 City Council Minutes April 16, 2008 Page 12 MISMANAGEMENT AT THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL, DISTRICT: ACTION: 1) Appoint Sharon Lock, as the City's Representative Trustee to the Coachella Valley Mosquito and Vector Control District Board of Trustees, for the term ending December 31, 2011; and 2) Authorize the City Manager, on behalf of the City, to join the City of Indio in calling for the Riverside County Civil Grand Jury to investigate pending allegations of misconduct and mismanagement at the Coachella Valley Mosquito and Vector Control District. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5426, FOR TRACT MAP 32732, WITH 111/CAMINO REAL: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 16, 2008, ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5426, for Tract Map 32732, with 111/Camino Real, LLC. A5426. Motion Councilmember Mills, seconded by Mayor Pougnet and unanimously carried on a roll call vote. 4.6. INITIATION OF A ZONE TEXT AMENDMENT TO ESTABLISH REGULATIONS FOR "PORTABLE OPEN SIGNS" IN THE CITY'S COMMERCIAL ZONES: Tom Wilson, Assistant City Manager Development Services, provided background information as outlined in the staff report dated April 16, 2008. Mayor Pro Tern Foat requested provisions be added as recommended by the City Council Subcommittee that signs be professionally created, and may include open, business name and the logo, requested staff address grandfathering existing permitted signs and the status for non-permitted signs, and stated the City Council Subcommittee is continuing to work on other types of signs. Councilmember Weigel requested staff address the process, and requested a sunset clause be added to the proposed Ordinance, limiting such for three to five years. Councilmember Hutcheson questioned why the Ordinance does not permit the A-frame sign similar to a free standing sign, the restrictions on the use of A-frame signs, additionally questioned why the Ordinance 000034 City Council Minutes April 16, 2008 Page 13 attempts to overly restrict the content of the sign, commented on handicapped access and protection of handicapped citizens, and stated he wanted to give the merchants tools and flexibility to experiment in difficult time and in support of a sunset provision. Councilmember Mills stated he supported the comments made by Mayor Pro Tern Foat with respect to the additions by the City Council Subcommittee, additionally he requested the Ordinance be specific for the removal and those authorized to remove a sign, stated the Ordinance does not provide for additional signage, commented on signs in the public right-of-way, and the goal of the Ordinance to "even" the playing field, and stated his support for additional identification. Mayor Pro Tern Foat stated the type of signs that were recommended was a compromise, and modeled after El Paseo, and noted that signs are one small tool to provide assistance to the merchants in the Downtown area. Councilmember Hutcheson stated the City Council has a diversity of views and requested the Planning Commission have a creative and open discussion of all views and ideas. ACTION: Initiate a zone text amendment to establish regulations for portable open signs. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 5. NEW BUSINESS: 5.A. SUSPENSION OF NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040), MAY 3 AND MAY 4, 2008, FOR THE HOT RODEO 2008 - DANCE UNDER THE STARS EVENT LOCATED AT 285 NORTH PALM CANYON DRIVE FOR THE HYATT REGENCY SUITES: Withdrawn from the Agenda at the request of staff. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Hutcheson requested a joint meeting with the Public Arts Commission, requested the City Manager report on the issues at Sunrise Park, and requested Code Enforcement address the fence at the Contempo Project. Councilmember Weigel commented on the CVAG Public Safety Committee. Councilmember Mills commented on the problems at Sunrise Park, requested the City take action as it has in the past to eliminate the problems in the park, and requested staff review the current notices being provided for tan temporary fencing for development projects. OOOOS5 City Council Minutes April 16, 2008 Page 14 Mayor Pougnet requested the City Manager address the Park Ranger positions, announced the events by Palm Springs Disposal, and announced the City's 70th Anniversary Celebration at VillageFest. ADJOURNMENT: The City Council adjourned at 9:31 p.m. to a Joint Meeting with the Tribal Council of the Agua Caliente Band of Cahuilla Indians, Wednesday, April 23, 2008, at 5:00 P.M., in the Primrose Ballroom at the Palm Springs Convention Center, 277 North Avenida Caballeros, Palm Springs. There will not be a Closed Session preceding this meeting. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 28T" DAY OF MAY, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 000036 CITY COUNCIL. CITY OF PALM SPRINGS, CALIFORNIA u. . Mse e MINUTES WEDNESDAY, APRIL 30, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 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. PLANNING: Commissioner Caffery, Commissioner Cohen, Commissioner Ringlein, Commissioner Scott, Vice Chair Hochanadel, Chair Marantz. ABSENT: Commissioner Conrad (due to property ownership conflict). ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: None. REPORT OF CLOSED SESSION: City Attorney Holland stated at 4:30 p.m. the meeting was called to order and the City Council recessed into Closed Session to discuss Items contained on the posted Closed Session Agenda. No reportable Actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested Consent Calendar Item 2.D. be withdrawn from the Agenda, and requested Item 2.17. be removed from the Consent Calendar for separate discussion and update. Mayor Pro Tern Foat requested Items RA1. and RA2. be considered for a separate vote. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. PUBLIC COMMENT: WENDIE BUSIG-KOHN, provided an update on the upcoming funding activities and events of the Desert Philanthropic Association, Inc. QOGGZS7 City Council Minutes April 30, 2008 Page 2 BRIAN LITMAN, Palm Springs, provided an update on the upcoming funding activities and events of the Desert Philanthropic Association, Inc. KNOEL PITTMAN, provided an update on the upcoming funding activities and events of the Desert Philanthropic Association, Inc. ALICIA HOLLINS, La Ouinta, provided an update on the upcoming funding activities and events of the Desert Philanthropic Association, Inc. VIC GAINER, Palm Springs, commented on Item 1.A., thanked the City Council for the timely hearing, and stated his support for the Project, commented on the proposed increase by the Coachella Valley Water District, and requested the City Council take a position on the rate increase. GARY JOHNS, Palm Springs, commented on Item 1.A., and requested the City Council consider pedestrian access. CATHERINE MCMILLAN, Palm Springs, commented on Item 1.A., and stated her support for the project. JOY MEREDITH, Palm Springs, commented on Item 1.A., stressed the importance of the Desert Fashion Plaza to the Downtown area, and stated the Downtown area needs assistance. MANNY MONTOYA, commented on Item 1.A., stated his support for the Project, and further noted Downtown needs assistance. COUNCILMEMBER COMMENTS: Mayor Pro Tem Foat commented on Item 1.A., and stated the City Council has been waiting with anticipation for this plan. CITY MANAGER'S REPORT: None. 1. JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION: 1.A. RECEIPT OF AN APPLICATION FROM WESSMAN HOLDINGS, LLC, FOR A SPECIFIC PLAN TO FACILITATE THE DEVELOPMENT OF THE MUSEUM MARKET PLAZA: Mayor Pougnet commented on the inaccuracy of the article in the Desert Sun regarding the development of the Desert Fashion Plaza. LEA GOODSELL, Representing Wessman Development, provided background information on previous Wessman Projects in the Downtown area, and the current condition of Downtown Palm Springs. QdQ��� City Council Minutes April 30, 2008 Page 3 JOHN WESSMAN, Palm Springs, provided background information on the proposed redevelopment of the Desert Fashion Plaza. NICOLE CRISTE, Owners Representative Museum Market Plaza, presented a Power Point presentation on the proposed Museum Market Plaza project and site, commented on the land uses, proposed open space and the incorporation of public art, height and variation of height, set-backs, and architecture. Mayor Pougnet requested staff address if an application had been received for the Museum Market Plaza Specific Plan, and commented on the upcoming process. Councilmember Hutcheson commented on the upcoming process, stated his three guiding principals to evaluate the project. Councilmember Mills commented on the work of the City Council subcommittee to get to this point, commented on the previous developments by Wessman Development, the history of the current Desert Fashion Plaza, and stated this is a top priority for the City Council and staff. Mayor Pro Tern Foat commented on the progressive deterioration of the Desert Fashion Plaza, and stated this project is a top priority for the City and staff. Chair Marantz thanked the City Council for including the Planning Commission in the presentation, and thanked Wessman Development for the presentation, Mayor Pougnet commented on the revitalization of Downtown and this project, stated the plan has strengths and weaknesses, and the City Council will work toward providing the best plan in a timely manner, requested staff place an item on the May 21, 2008, Agenda a staff report with a proposal for the review and the processing of the plan, and place on the June 4, 2008, City Council Agenda an initial review of the Specific Plan, The City Council recessed at 7:08 p.m., and the Planning Commission adjourned. The City Council reconvened at 7:19 p.m. as the City of Palm Springs Community Redevelopment Agency. The Community Redevelopment Agency adjourned at 7:24 p.m. and the City Council reconvened. 9O01101, 3' City Council Minutes April 30, 2008 Page 4 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., and 2.E. Motion Mayor Pro Tem Foat, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file the Report on the Posting of the April 30, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of April 23, 2008. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22212 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 4-5-08 BY WARRANTS NUMBERED 413250 THROUGH 413298 TOTALING $77,909.04 LIABILITY CHECKS NUMBERED 1027540 THROUGH 1027560 TOTALING $145,329.62, THREE WIRE TRANSFERS FOR $60,007.06 AND THREE ELECTRONIC ACH DEBITS OF $1,089,130.74 IN THE AGGREGATE AMOUNT OF $1,372,376.46 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 22213, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1027561 THROUGH 1027822 IN THE AGGREGATE AMOUNT OF $1,733,217.18 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. AWARD CONTRACT FOR INSURANCE BROKERAGE SERVICES TO KEENAN ASSOCIATES AS THE CITY'S BROKER OF RECORD: ACTION: Approve an Agreement with Keenan Associates for Insurance Brokerage Services for a three-year term, and two one-year extensions, subject to review and approval of the City Attorney; and 2) Authorize the City Manager to execute the agreement. A5656. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR ITEMS: 2.D, AWARD CONTRACT FOR THE IMPROVE/MODIFY/RFHAB TERMINAL COMPLEX PROJECT, CP#07-09, AIP 3-06-0181-43 AT THE PALM SPRINGS INTERNATIONAL AIRPORT: Withdrawn from the Agenda at the request of staff. af�Q��D City Council Minutes April 30, 2008 Page 5 2.17. PROPOSED RESOLUTION URGING LEGISLATION THAT WOULD RESTORE FUNDING TO LOCAL GOVERNMENTS IN THE INDIAN GAMING SPECIAL DISTRIBUTION FUND: City Clerk Thompson provided background information as outlined in the proposed resolution, and requested the City Council amend the proposed resolution removing AB1389 from the title and in Section 2. ACTION: 1) Adopt Resolution No. 22214, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING STATE LEGISLATION THAT WOULD RESTORE FUNDING TO LOCAL GOVERNMENT IN THE INDIAN GAMING SPECIAL DISTRIBUTION FUND," amending the resolution by removing the reference AB1389. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. 5.A. PRESENTATION AND DISCUSSION OF THE PRELIMINARY FISCAL YEAR 2008-09 BUDGET: City Manager Ready provided background information on the Preliminary Fiscal Year 2008-09 Budget, highlighted the use of Agency funds, street resurfacing goals, Special Distribution Funds, proposed deficit, and funding of the Bob Hope Classic. The City Council discussed and/or commented on the following with respect to the City Budget: sales tax projections, preparation of cost estimates, ongoing review of the budget, revenue estimates, projected growth of property taxes, and the use of CRA funds. No action taken. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Mills requested staff address weed control on Farrell Drive. Councilmember Weigel commented on the Tribal contributions to the City and organizations within the City. Mayor Pro Tern Foat announced the upcoming Office of Neighborhood Involvement picnic and activities. City Council Minutes April 30, 2008 Page 6 Mayor Pougnet thanked staff for their work on the Desert Fashion Plaza development project, and requested the City Manager place on the May 21, 2008 Agenda an Item to initiate a street name change for Alvarado Road to be named Jackie Lee Houston Parkway. ADJOURNMENT: The City Council adjourned at 8:07 p.m. to a Regular Meeting, Wednesday, May 7, 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 28T" DAY OF MAY, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK aHM, CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA s6 MINUTES WEDNESDAY, MAY 14, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 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 proclaimed May 2008, as National Bicycling Month in the City of Palm Springs. Lee Husfeldt, Office of Neighborhood Involvement, provided an update on the successful Neighborhood Involvement Committee picnic. 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 contained on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. PUBLIC COMMENT: ANDY SANDS, Representing Alta Project, stated his support of the Staff recommendations for the Alta Subdivision Flood Control Project. (Public Comment prior to the Closed Session.) City Council Minutes May 14, 2008 Page 2 BOB MAHLOWITZ, Palm Springs, presented a letter to the City Council from the Neighborhood Involvement Committee with respect to the Desert Water Agency Proposition 218 public hearing for an increase in water rates. MARY JUSTICE, commented on Item 1.A. regarding the Coachella Valley Multiple Species Habitat Conservation Plan, and requested the City Council address some of the proposed conditions. STEVE SIMS, thanked the City Council and staff for the recent Office of Neighborhood Involvement picnic. JOY MEREDITH, Palm Springs, commented on the City Council's support of Downtown and the merchants, the efforts and projects underway in the Downtown area. COUNCILMEMBER COMMENTS: Mayor Pro Tern Foat requested staff address the documents mentioned by Mary Justice in Public Comment, with respect to the MSHCP, and requested the City Manager address the letter with respect to the DWA proposed rate increase. CITY MANAGER'S REPORT: None. 1. STUDY SESSION: 1.A. COACHELLA VALLEY MULTI SPECIES HABITAT CONSERVATION PLAN DISCUSSION OF THE U.S. DEPARTMENT OF FISH AND GAME CONDITIONS OF APPROVAL,: City Attorney Holland provided background information on the status of the Coachella Valley Multi Species Habitat Conservation Plan. Councilmember Weigel requested the City Attorney address if it will be necessary for City Council to approve the MSHCP, and if the City Council has any input with respect to the conditions imposed by the U.S. Department of Fish and Came. Mayor Pro Tern Foat noted the City Council received the red-line document this evening and the documents outline many changes, stated she would like additional time to review the changes for further discussion, and expressed her concerns on Item J in the red-line version. Councilmember Mills commented on the history of the City Council Subcommittee working with the U.S. Department of Fish and Game, and stated the red-line version is the result of City representatives amending the document to get it closer to the original agreement, stated there may 000044 City Council Minutes May 14, 2008 Page 3 be further negotiation with Fish and Game and he would like a review of any additional modifications. Councilmember Weigel stated this gives the decision making authority to the City, and he would not recommend any further changes to the red-line version. Mayor Pougnet noted U-S. Fish and Game may come back and request additional changes, and stated everyone is in agreement to move forward. No action taken. 1.13. BUSINESS RETENTION SUBCOMMITTEE REPORT AND UPDATE: Mayor Pro Tem Foat provided a status report on the City Council Business Retention Subcommittee, stated the goal is the retention of businesses and to create opportunities for new businesses in the City, commented on proposed and/or new programs: letter to new businesses, business resource information on the City's website, survey of office vacancies and rates, new business minute during regular City Council meetings, performing business visitation meetings, working on business clusters and PSEDC to include business welcome wagon and the development of resource materials, exit surveys to monitor the service of the City, periodic business meetings sponsored by the City, early warning system to identify businesses in trouble or planning on relocation, and reviewing potential districts and branding. Cathy Van Horn, Economic Development Administrator, provided a demonstration of the proposed Tools for the Business Success program. Councilmember Hutcheson outlined programs that the Subcommittee reviewed and requested the City Council provide direction to prepare necessary ordinances or programs: facade improvement program discussion during the budget cycle, require lenders to register properties that would be foreclosed, improved City inspection of vacant buildings, suggested the City Council Downtown Sign Committee review the use of "For Lease" signs, the aesthetics of construction sites, and the issuance of an RFP for a parking study in the Downtown area. Councilmember Mills stated the information presented tonight is encouraging, commented on the facade improvement program and recommended a facade maintenance program as well, requested an outline of proposed measures to the suggested ordinances, and noted the current obstacles of going forward with a parking study. 000045 City Council Minutes May 14, 2008 Page 4 Councilmember Weigel thanked the City Council Subcommittee, and requested staff provide updates as to the status of any of the suggested ordinances. No action taken. I.C. AMENDMENTS TO THE CITY COUNCIL RULES OF PROCEDURE WITH RESPECT TO THE PLACEMENT OF ITEMS ON THE AGENDA BY MEMBERS OF THE CITY COUNCIL.: City Clerk Thompson and City Manager Ready provided background information as outlined in the staff report dated May 14, 2008. The City Council discussed and/or commented on the following: the categories of City Council requests, resolutions should have a separate discussion and not on the Consent Calendar, the applicability of the two- step process whereby there is consensus of the City Council, adding another bureaucratic level to the process that is not needed. ACTION: No action taken with respect to modifying the rules of procedure; and direct staff not to place requested legislative resolutions on the Consent Calendar. By consensus of the City Council. Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.D., would not participate in the discussion or the vote, and left Council Chamber. 1.D. DISCUSSION OF AFFORDABLE HOUSING OPTIONS AND ALTERNATIVES FOR THE PROPERTY LOCATED AT 3130 NORTH INDIAN CANYON DRIVE: John Raymond, Director of Community and Economic Development, provided information and alternatives for the proposed affordable housing project at 3130 North Indian Canyon Drive. The City Council discussed and/or commented on the following: concerns with the state of the development in the City, concerns with the current trends in the mortgage industry and financing, proximity to the College of the Desert and the need for rental housing, green building programs, the City's experience with previous similar programs in the Desert Highland Gateway area, use of solar and incentives, the possibility of having units that cannot be sold, and a request to delay the decision until. the Workforce Housing Summit. ACTION: Direct staff to proceed with an ENA for an "ownership" development. By consensus of the City Council, noting the absence of Councilmember Mills. �aQa�� City Council Minutes May 14, 2008 Page 5 Councilmember Mills returned to the dais. 1.E. ALTA SUBDIVISION FLOOD CONTROL DISCUSSION: Withdrawn from the Agenda at the request of staff. 1.F. PALM TREE TRIMMING POLICY: Mayor Pougnet stated he requested a discussion on the policy with the current City Council, as this policy has been discussed with previous City Council's with mixed results, stated the palm trees on Tahquitz are not in the best of shape, requested the City Council consider a policy change for different palm trees by district. Sharon Heider, Director of Parks and Recreation, provided background information on the City's current Palm Tree Trimming Policy. Councilmember Hutcheson noted his interest in this discussion, stated the City has no consistency with respect to palm trees, stated his support for consistency by district, and commented on budgeting restrictions. Councilmember Mills commented on previous discussion, noted his agreement on Washingtonia and Robusta palms and suggested some types of trees be "skinned," and stated budget constraints as the primary issue, noted his support for trimming and skinning Robusta and Washingtonia palms and in agreement that the City Council modify the policy, also stated the Filliferas should be left skirted, and the plan could be implemented by district. ACTION: Direct staff to return with a revised policy. By consensus of the City Council. 1.G. PRELIMINARY FISCAL YEAR 2008-09 BUDGET: City Manager Ready outlined the Preliminary Fiscal Year 2008-09 Budget for the Palm Springs International Airport, and noted. the Airport Commission has reviewed and approved the Budget. No action taken. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS; Councilmember Mills requested staff address other options in builder's fees, such as allowing certain fees to be paid at the end or other incentives to promote development. Mayor Pougnet suggested the City Council have a study session including a discussion with Fred Bell of the Building Industry Association. GGG0 7 City Council Minutes May 14, 2008 Page 6 Mayor Pro Tern Foat requested staff place on the next Study Session Agenda a discussion, as requested by Neighborhood Involvement Committee, on the proposed DWA rate increase and commented on the upcoming California Supreme Court decision on the right to marry. ADJOURNMENT: The City Council adjourned at 8:30 p.m. to a Regular Meeting, Wednesday, May 21, 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 28TH DAY OF MAY, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA e' 2: MINUTES WEDNESDAY, MAY 21, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 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: None. REPORT OF CLOSED SESSION: City Attorney Holland stated 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: Councilmember Mills noted his business related abstention on Consent Calendar Item 21. Councilmember Hutcheson noted his business related abstention on Consent Calendar Item 2.M., and stated he has a business related conflict of interest for public hearing Item 1.G. Mayor Pro Tern Foat requested Item 2.N. be removed from the Consent Calendar for separate discussion. City Clerk Thompson stated staff has requested Item 5.A. be withdrawn from the Agenda, and requested a modification to the recommended action for Item 2.K. as subject to the approval of the City Attorney. 00004 Q City Council Minutes May 21, 2008 Page 2 Mayor Pougnet requested Item 2.N. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.A., would not participate in the discussion or the vote, and left Council Chamber. I.A. REQUEST BY D. W. JOHNSTON TO AMEND THE FINAL CONDITIONS OF APPROVAL RELATING TO STREET IMPROVEMENTS OF A PREVIOUSLY APPROVED FIVE-LOT TENTATIVE TRACT MAP 31422- A, LOCATED AT 2630 ANZA TRAIL: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 21, 2008. Mayor Pro Tem Foat questioned why the Conditions were included in the original approval, and suggested that such conditions are not included as boilerplate, but researched on an individual neighborhood basis. Mayor Pougnet opened the public hearing, and no speakers coming forward, the public hearing was closed. ACTION: Adopt Resolution No. 22224, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FINAL CONDITIONS OF APPROVAL FOR THE PREVIOUSLY APPROVED TENTATIVE TRACT MAP 31422-A, AT 2630 ANZA TRAIL." Motion Mayor Pro Tern Foat, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. I.B. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT: Marcus Fuller, Assistant City Engineer, provided background information as outlined in the staff report dated May 21, 2008. 000050 City Council Minutes May 21, 2008 Page 3 Councilmember Mills stated he would be voting on this Item, but noted a business related abstention with respect to Customer No. 0013749 and Customer No. 0020570. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. DAVID HOLMES, stated Palm Springs Disposable has not picked-up the waste at his property for over one-year, and he wished to protest the charges, as he did not receive the service. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Foat stated the City does business with some of the businesses on the delinquent list, requested staff address if the City has other options for action, and noted some of the properties are in foreclosure and requested the City Attorney address this type of issue in the vacant building ordinance. Councilmember Hutcheson requested staff contact and work with David Holmes to research and resolve the reported conflict with Palm Springs Disposal. ACTION: Adopt Resolution No. 22225 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLL FOR COLLECTION," Motion Councilmember Weigel, seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote, noting the business related abstention of Councilmember Mills on Customer Nos. 0013749 and 0020570. 1.C. TWO CONSTRUCTION REFUND AGREEMENTS WITH FRANK J. BURGESS RELATED TO OFF-SITE STREET IMPROVEMENTS: Marcus Fuller, Assistant City Engineer, provided background information as outlined in the staff report dated May 21, 2008. Councilmember Weigel requested staff address tracking the payments of adjoining property owners to ensure payment for their share of the public improvements. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. City Council Minutes May 21, 2008 Page 4 FRANK BURGESS, requested the City Council approve the two construction refund agreements. No further speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 22226, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION REFUND AGREEMENT FOR STREET IMPROVEMENTS WITH FRANK J. BURGESS;" 2) Adopt Resolution No. 22227, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION REFUND AGREEMENT FOR FIRE HYDRANTS WITH FRANK J. BURGESS;" and 3) Authorize the City Manager to execute all necessary documents. A5664. A5665. Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.D., would not participate in the discussion or the vote, and left Council Chamber- I.D. RIGHT-OF-WAY VACATION OF AVENIDA EVELITA BETWEEN RAMON ROAD AND CALLS DE RICARDO, AND VACATION OF PORTIONS OF THE PUBLIC UTILITY EASEMENTS ON LOTS 5 AND 6 OF VISTA DEL CIELO, AND PORTIONS OF THE PUBLIC UTILITY EASEMENTS ON LOTS 1 AND 6 OF VISTA DEL CIELO NO. 3: Marcus Fuller, Assistant City Engineer, provided background information as outlined in the staff report dated May 21, 2008. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. WILLIAM KLEINDIENST, Palm Springs, Representing Applicant, requested the City Council approve the street vacation and public utility easements. No further speakers coming forward, the public hearing was closed. ACTION: Adopt Resolution No. 22228, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR AVENIDA EVELITA BETWEEN RAMON ROAD AND CALLE DE RICARDO, AND VACATION OF PORTIONS OF PUBLIC UTILITY EASEMENTS ON LOTS 5 AND 6 OF VISTA DEL CIELO, AND PORTIONS OF PUBLIC UTILITY EASEMENTS ON LOTS 1 AND 6 OF VISTA DEL CIELO NO. 3, IN .000052 City Council Minutes May 21, 2008 Page 5 SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R-07-039." Motion Mayor Pro Tern Foat, seconded by Councilmember Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais- 1.E. PROPOSED RESOLUTION ADOPTING MODIFICATIONS TO CERTAIN USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2008-09: ACTION: 1) Continue the Public Hearing to June 4, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Mayor Pro Tern Foat, seconded by Councilmember Weigel and unanimously carried an a roll call vote. 1.F. PUBLIC MEETING TO CONSIDER A DRAFT "EVENT HOUSE" ORDINANCE: City Attorney Holland provided background information as outlined in the staff report dated May 21, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. JOHN WILLIAMS, Representing Neighborhood Organizations, stated the Neighborhood Organizations are not in support of the Ordinance as proposed, requested the City register each event, limit the number of events per property, and requested event plans and contact information for each event. PAULA AUBURN, Palm Springs, stated these properties are nuisances, and that she supports the recommendations by the Neighborhood Organizations. Mayor Pro Tern Foat stated the ordinance is premature, compared this program to garage sale permits and requested similar reporting restrictions, requested the City Attorney review insurance and liability issues, and commented on the use by non-prafits of historical properties for fundraiser events, stated her support for an Ordinance, but indicated the Ordinance as proposed needs additional work. Councilmember Weigel stated the City is headed in the correct direction, but the Ordinance as proposed needs improvement, and noted as a policy aG007.a City Council Minutes May 21, 2008 Page 6 this is good for the City, but would like additional enforcement mechanisms. Councilmember Mills requested staff address the proposal if an organization represents event housing, noted problems with limiting the number of events and stated flexibility in the number of events is important, requested the City Attorney modify the notice requirements in Section 5.75.050(7). Councilmember Hutcheson stated there was merit in requiring a CUP for certain events or on a case by case basis, with the possibility of a longer permit when there are no determined impacts from events. Mayor Pougnet stated event houses are a nuisance, and are business use in a residential neighborhood. No action taken. Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 1.G., would not participate in the discussion or the vote, and left Council Chamber. I.G. PUBLIC MEETING TO CONSIDER A DRAFT "VACATION RENTAL" ORDINANCE: City Attorney Holland provided background information as outlined in the staff report dated May 21, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. RON SIEGEL, Representing Neighborhood Organizations, provided a history of problems caused by vacation rentals, including for rent by owner properties, and a history of the evolution and development of the proposed Ordinance, and stated Agency accountability is being ignored in the Ordinance. BOB MALHOWITZ, Representing Neighborhood Organizations, provided a history of the development of the Ordinance, and stated the Ordinance as proposed is a good compromise but suggested the following: a front desk provision, good faith effort to notify and provide information to neighbors, requested the response time be limited to one-hour, include garbage collection in the Ordinance; recommended the preparation of a user guide for owners, and requested an impact study be performed. MIKE MCLEAN, Representing the Vacation Rental Managers of Palm Springs, outlined the goals of the Vacation Rental Managers of Palm 000av4 City Council Minutes May 21, 2008 Page 7 Springs, stated the organization provided the City the operational restrictions in the Ordinance, stated the Ordinance will force negligent operators into compliance, requested Section 5.25.070(b) be amended to recognize guests, Section 5.25.070(c) needs to define a reasonable response time, Section 5.25.070(f) requested the preparation of a standard rental agreement, and staled the Vacation Rental Managers endorse the proposed Ordinance. ROBERT WINKLER, stated this issue is about professional management, and a responsible person for each property is needed for a successful program. BILL BUTLER, read a letter with respect to a property owner's experience with a second home in Palm Springs. WILLIAM DUNN, provided information on problems and nuisances with vacation rentals near his home. ANTHONY TOIA, stated he has rental houses on both sides of his property, vacation rentals do not increase property values, and an ordinance needs enough enforcement to stop the problem. FLORENCE KLAASEN, Palm Springs, outlined nuisances caused by vacation rentals in the TREND neighborhood. PETER INTRAVARTOLO, noted nuisances with the vacation property next door to his residence, stated the annoyance is noise, trash, and other health and safety problems, and stated the Ordinance needs strict enforcement. MICHAEL GOODSON, requested the City Council address the noise outside and interior noise that can be disbursed outside in the Ordinance. ROXANN FLOSS, noted problems with parking at rental houses, and requested the City Council address the difference between an event house and a vacation rental, stated vacation rental should not be located on a cul-de-sac. STEVE BOSSEL, commented on problem with a vacation rental next to his property, and stated he has called the police 17 times since last October. No further speakers coming forward, the public hearing was closed. Mayor Pro Tem Foat stated the Ordinance does not have enough "teeth" and the need for these houses to be licensed, stated the City needs to QQ'0655 City Council Minutes May 21, 2008 Page 8 revoke licenses that are misused, regulate waste disposal, a need for a way to hold property owners responsible, and require accountability and standards for rental agencies. Councilmember Mills requested the City Attorney address if the Ordinance could require membership in a agency group, stated the Ordinance should enhance restrictions for correct and proper operations, recommended staff review the number of non-overnight guests, include a response time, and the preparation of a standard rental form. Councilmember Weigel stated he would recommend the Ordinance be modified to include enforcement without a complaining party, stated his support for the concept of the Front Desk, but not for the Security Company to have such responsibility. Mayor Pro Tern Foat commented on the use of security in response to vacation rental houses, and the response from the Police wanting a complaint or a citizens arrest. No action taken. The City Council recessed at 8:06 p.m. The City Council reconvened at 8:16 p.m., and Councilmember Hutcheson returned to the dais. PUBLIC COMMENT: STEPHEN ROBERTS, Community Dynamics, commented on Item RA3., and requested the City Council support the Exclusive Agreement to Negotiate. SID CRAIG, announced the upcoming Elder Abuse Workshop sponsored by the Human Rights Commission. THOMAS HALL, commented on Item S.C. development of sustainability concepts, and encouraged the reduction in fees for renewable energy. JOY MEREDITH, Palm Springs, commented on Item 4.B., Main Street Bylaws, and requested the City Council postpone the City's action until the Main Street Executive Board reviews the scope of services. WILLIE HOLLAND, commented on waste disposal, and recommended the City contract with Burrtec, and on elderly abuse, and police response to problems in the Desert Highland Gateway Neighborhood. aaaa-� City Council Minutes May21, 2008 Page 9 PAUL MEDIANO, commented on Item 4.B., and requested the City Council postpone the decision until after the Main Street Board reviews the service agreement. COUNCILMEMBER COMMENTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: City Manager Ready requested the City Council consider an amendment to the recommended action for Item 2.H., and consider the budget transfer in the form a loan from the General Fund to the Public Safety CFD, ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1­1., 2J., 2.J., 2.K., 21., 2.M., and 2.0. Motion Councilmember Weigel, 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 May 21, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of May 7, 2008. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Re-Adopt Resolution No. 22216, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 4-19-08 BY WARRANTS NUMBERED 413299 THROUGH 413344 TOTALING $83,951.73, LIABILITY CHECKS NUMBERED 1027823 THROUGH 1027843 TOTALING $145,890.28, THREE WIRE TRANSFERS FOR $62,290.04, AND THREE ELECTRONIC ACH DEBITS OF $1,062,953.32, IN THE AGGREGATE AMOUNT OF $1,355,085.37 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22229, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1027846 THROUGH 1028087 IN THE AGGREGATE AMOUNT OF $2,088,653.52 DRAWN ON BANK OF AMERICA-," 3) Adopt Resolution No. 22230, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1028088 IN THE AMOUNT OF $2,500.00 DRAWN ON BANK OF AMERICA;" and 4) Adopt Resolution No. 22231, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-3-08 BY WARRANTS City Council Minutes May 21, 2008 Page 10 NUMBERED 413345 THROUGH 413390 TOTALING $77,252.21, LIABILITY CHECKS NUMBERED 1028089 THROUGH 1028109 TOTALING $147,951.65, THREE WIRE TRANSFERS FOR $64,057.29, AND THREE ELECTRONIC ACH DEBITS OF $1,162,968.87, IN THE AGGREGATE AMOUNT OF $1,452,230.02 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.11). STAFF AUTHORIZED AGREEMENTS FOR APRIL 1 THROUGH APRIL 30, 2008; ACTION: Receive and file Staff Authorized Agreements covering the period April 1 through April 30, 2008. Approved as part of the Consent Calendar. 2.E. TRANSPORTATION SECURITY ADMINISTRATION FIVE-YEAR OFFICE SPACE LEASE AT PALM SPRINGS INTERNATIONAL AIRPORT: ACTION: 1) Approve U.S. Government Lease GS-0913-02056 for approximately 6,653 square feet located at Palm Springs International Airporl, which includes revenues of approximately $318,100 annually, effective October 1, 2008, through September 30, 2013; and 2) Authorize the City Manager to execute all necessary documents. A5666. Approved as part of the Consent Calendar. 2.17. AMENDMENT NO. 1 TO AGREEMENT NO. A5583-2, WITH LSA ASSOCIATES, INC., IN THE AMOUNT OF $5,500.00 FOR ADDITIONAL FOCUSED ENTITLEMENT AND PLANNING SERVICES REQUIRED TO COMPLETE PROJECT 5.1162-PD-342, THE PALM MOUNTAIN RESORT AND SPA, NOT-TO-EXCEED $40,000.00: ACTION: 1) Approve Amendment No. 1 to Agreement No. A5583-2 with LSA Associates, Inc., in the amount of $5,500.00 for additional Focused Entitlement and Planning Services required to complete the Project 5.1162-PD-342, Palm Mountain Resort and Spa, not-to-exceed $40,000.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5583. Approved as part of the Consent Calendar. 2.G. AWARD CONTRACT FOR THE REHABILITATION OF RUNWAY 13L- 31R AND TAXIWAY "E" / CROSS CONNECTORS, CP 07-21, AIP 3-06- 0181-44: ACTION: 1) Award construction contract for rehabilitation of Runway 13L- 31 R and Taxiway "E" / Cross Connectors "B", "D", "F", and "H", in the amount of $3,723,967.60, to the low responsive bidder Granite Construction Company, subject to FAA approval; and 2) Authorize the City Manager to execute all necessary documents. A5667. Approved as part of the Consent Calendar. 00005-8 City Council Minutes May 21, 2008 Page 11 2.H. AMENDMENT TO FISCAL YEAR 2007-08 BUDGET, TRANSFER $400,000 FROM CAPITAL PROJECTS FUND TO THE GENERAL FUND AND $180,000 FROM THE GENERAL FUND TO PUBLIC SAFETY (CFD) FUND: ACTION: 1) Adopt Resolution No. 22232, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08;" and 2) Adopt Resolution No. 22233, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2007-08 IN THE FORM OF A LOAN FROM THE GENERAL FUND TO THE PUBLIC SAFETY CFD." Approved as part of the Consent Calendar. 2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A5509 WITH MORELAND & ASSOCIATES, CONSENTING TO THE ASSIGNMENT OF THE AGREEMENT TO MACIAS GINI & O'CONNELL, LLP: ACTION: 1) Approve Amendment No. 1 to Agreement No_ A5509 with Moreland & Associates, consenting to the assignment of the agreement to Macias Gini & O'Connell, LLP; and 2) Authorize the City Manager to execute all necessary documents. A5509. Approved as part of the Consent Calendar. 2.J. AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT ADMINISTRATION: ACTION: 1) Approve an agreement with NBS Government Finance Group for assessment district administration for Fiscal Year 2008-09, not-to- exceed $40,000; and 2) Authorize the City Manager to execute all necessary documents. A5668. Approved as part of the Consent Calendar. 2.K. AMENDMENT NO. 6 TO AGREEMENT NO. A3469 WITH ARNOLD PALMER MANAGEMENT, LLC FOR GOLF COURSE MANAGEMENT SERVICES AT TAHQUITZ CREEK GOLF RESORT: ACTION: 1) Approve Amendment No. 6 to Agreement No. A3469 with Arnold Palmer Management, LLC, extending the term for a six-month period, through December 31, 2008, for golf course management services at Tahquitz Creek Golf Resort; and 2) Authorize the City Manager to execute all necessary documents, subject to final approval by the City Attorney. A3469. Approved as part of the Consent Calendar. 2.L. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5435 WITH AMADO HERMOSA II LLC FOR TRACT MAP 33936: ACTION: Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement No. A5435, with Amado Hermosa II, LLC, for Tract Map 33936. A5435. Da'M City Council Minutes May 21, 2008 Page 12 Approved as part of the Consent Calendar, noting the business related abstention by Councilmember Mills. 2.M. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2007-08 ANNUAL ASPHALT RUBBERIZED HOT MIX (ARHM) OVERLAY, CITY PROJECT 07-17: ACTION: 1) Approve the plans, specifications, and working details for the Fiscal Year 2007-08 Annual ARHM Overlay, City Project 07-17; and 2) Authorize staff to advertise and solicit bids. Approved as part of the Consent Calendar, noting the business related abstention by Councilmember Hutcheson. 2.0. SOLE SOURCE PURCHASE AND INSTALLATION OF AN EMERGENCY AM RADIO STATION FROM INFORMATION STATION SPECIALISTS: ACTION: 1) Approve a sole source purchase and installation of an emergency AM radio station from Information Station Specialists in an amount not-to-exceed $55,205.71; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.N. EXTENSION OF APPROVAL OF TENTATIVE TRACT MAP 31766 AND PLANNED DEVELOPMENT DISTRICT 294, CASE 5.0996-PD 294 (CRESCENDO PROJECT): Mayor Pro Tern Foat requested staff address the three-year extension, as opposed to a one-year extension. Mayor Pougnet commented on the extension period, and the issue of rock crushing. ACTION: 1) Approve an extension of Tentative Tract Map 31766 and Planned Development District 294 (Case 5.0996-PD294) for an additional three years beyond the original two years as initially approved by the City Council such that the expiration of the Tentative Tract Map and Planned Development District shall be October 16, 2012; and 2) Authorize the Mayor to execute all necessary documents. A5669. Motion Councilmember Weigel, seconded by Councilmember Mills and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: Mayor Pro Tem Foat. 6000691 City Council Minutes May 21, 2008 Page 13 3. LEGISLATIVE: 3.A. INITIATION OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN, AND APPROVAL OF THE PROPOSED SCHEDULE FOR PROCESSING THE SPECIFIC PLAN: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 21, 2008. Mayor Pro Tem Foat requested staff address the end of the specific plan, the next step for future development, the issuance of demolition permits, and development plans. Councilmember Hutcheson requested staff address Step No. 2 and Step No. 4, conformance with CEQA requirements, and the aggressiveness of the schedule. Councilmember Weigel thanked staff for moving as quickly as possible with the proposed Specific Plan. Councilmember Mills requested staff address which steps are required by CEQA and the required timetable, and stated he would like to see a schedule that reflects 9 months to completion. Mayor Pro Tem Foat commented on the 9 to 12 month schedule. Mayor Pougnet requested staff address when the City Council will have the opportunity to provide direction and the type of direction. Councilmember Mills stated he would like to see the project rescheduled for 9 months, and stated the City needs to provide staff accordingly. ACTION: 1) Initiate the Museum Market Plaza Specific Plan review, and 2) Direct staff to return with a revised schedule for processing the Specific Plan at the May 28, 2008, City Council meeting. Motion Councilmember Weigel, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. The City Council recessed at 8:56 p.m., as the Community Redevelopment Agency. The City Council reconvened. At 9:00 p.m. 4. UNFINISHED BUSINESS: 4.A. PRELIMINARY FISCAL YEAR 2008-09 BUDGET: City Manager Ready provided background information on the proposed Palm Springs Convention Center budget. No action taken. 1500091. City Council Minutes May 21, 2008 Page 14 4.8, MAIN STREET PALM SPRINGS BYLAWS AND APPROVAL OF A ONE-YEAR SERVICES AGREEMENT WITH MAIN STREET PALM SPRINGS, IN AN AMOUNT NOT-TO-EXCEED $20,000 AND RELATED BUDGET AMENDMENT: City Manager Ready provided background information as outlined in the staff report dated May 21, 2008. ACTION: Continue to the June 4, 2008, City Council meeting. Motion Councilmember Weigel, seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote. 5. NEW BUSINESS: 5,A. RENAME A PORTION OF CALLE ALVARADO TO JACKIE LEE HOUSTON PARKWAY, BEGINNING FROM AMADO ROAD TO ANDREAS ROAD, CASE 5,1205-SNC: Withdrawn from the Agenda at the request of staff. 5.13. DESIGNATION OF THE ANIMAL SHELTER SITE AND AWARD ARCHITECTURAL DESIGN CONTRACT TO GEORGE MIERS & ASSOCIATES FOR THE PALM SPRINGS ANIMAL SHELTER PROJECT: Allen Smoot, City"s Owners Representative, provided background information as outlined in the staff report dated May 21, 2008. Mayor Pougnet requested staff address the goal of a Gold LEED building and questioned if such enhancements are included in the estimated construction costs. Mayor Pro Tern Foat thanked staff for their work, stated that very qualified architects submitted bids, and requested that the first meeting be with the City Council Subcommittee, prior to the commencement of stakeholders meetings. Councilmember Mills commented on the new contract for Architectural services, and stated it provides a high level of accountability, and requested staff address conceptual site approval. Councilmember Weigel thanked the City Council Subcommittee, and requested staff address the fee calculation. Mayor Pro Tern Foat requested staff provide information for a ballot measure on the transfer of land. 90'GO62 City Council Minutes May 21, 2008 Page 15 ACTION: 1) Designate for architectural design purposes, approximately 4 acres on the SE corner of Vella Road and Mesquite Avenue, as the Palm Springs Animal Shelter site and direct staff to prepare the necessary environmental and entitlement documents to obligate the City to the Wastewater Fund for the use of the land with said documents to be processed for approval concurrent with other project entitlement documents; 2) Approve an agreement for architectural services with George Miers & Associates for the design of the Palm Springs Animal Shelter project in the amount of $868,650, in a form acceptable to the City Attorney; and 3) Authorize the City Manager to execute all necessary documents. A5672. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. S.C. DISCUSSION REGARDING SUSTAINABILITY CONCEPTS: Mayor Pougnet presented a PowerPoint presentation and report titled Palm S rin s Path to a Sustainable Community Proposed First Steps, dated May 21, 2008. Councilmember Hutcheson thanked Mayor Pougnet for an excellent report and his leadership. Mayor Pro Tern Foat committed to lake a leadership role, and requested one other program area be added for a rewards or incentive program for developers. Councilmember Weigel stated that we should be doing all the items on the list, thanked Mayor Pougnet, and suggested a plan be prepared for each of the priorities. Councilmember Mills noted the outline of the success and accomplishments over many years, commented on the reclaimed water agreement with DWA, and requested Clean Air be added to Item No. 10. No action taken. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None. ADJOURNMENT: The City Council adjourned at 9:55 p.m. to a Study Session and Adjourned Regular Meeting, Wednesday, May 28, 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. 00P'� � 3 City Council Minutes May 21, 2008 Page 16 APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 28TH DAY OF MAY, 2008. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK QQQQ�� FINANCING AUTHORITY CITY OF PALM SPRINGS, CALIFORNIA c,y�;; MINUTES WEDNESDAY, APRIL 16, 2008 City Hall Council Chamber CALL TO ORDER: Chair Pougnet called the order at 8:14 P.M. ROLL CALL: PRESENT: Board Member Hutcheson, Board Member Mills, Board Member Weigel, Vice Chair Foat, and Chair Pougnet. ABSENT: None. JOINT ITEM OF THE PALM SPRINGS CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND THE PALM SPRINGS FINANCING AUTHORITY: FA1. 2008 PASSENGER FACILITY CHARGE BOND RESTRUCTURING: Tom Nolan, Executive Director of Aviation, provided background information as outlined in the staff report dated April 16, 2008. ACTION: Adopt Resolution No. 36, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY APPROVING AN ESCROW AGREEMENT IN CONNECTION WITH THE REFUNDING OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AIRPORT REVENUE BONDS, SERIES 1998 (PALM SPRINGS INTERNATIONAL AIRPORT) AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH." Motion Vice Chair Foat, seconded by Board Member Hutcheson and unanimously carried on a roll call vote. ADJOURNMENT: The Palm Springs Financing Authority adjourned at 8:17 P.M- APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 28TH DAY OF MAY, 2008. STEPHEN P. POUGNET, CHAIR ATTEST: JAMES THOMPSON, SECRETARY