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HomeMy WebLinkAbout1/16/2008 - STAFF REPORTS - 2.B. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA V MINUTES WEDNESDAY, DECEMBER 12, 2007 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge. ROLL CALL: PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: City Manager Ready and Sharon Heider, Director of Parks and Recreation, presented the Pooch Plunge event held at the Palm Springs Swim Center. Thomas Nolan, Executive Director Aviation, introduced Mark Kiehl, the City's new Deputy Director of Marketing. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:00 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. The City Council authorized the City Attorney to intervene in a matter of potential litigation pertaining to Kopy Katz Theatre against SMG, 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. Councilmember Hutcheson noted his abstention on Consent Calendar Item 2.B., and requested Items 2.E. and 21. be removed from the Consent Calendar for separate discussion. Item No. 2. B . City Council Minutes December 12, 2007 Page 2 Mayor Pougnet requested Item 2.E. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1726 RELATING TO THE ESTABLISHMENT OF TRANSPORTATION TERMINALS AS A USE PERMITTED PURSUANT TO CONDITIONAL USE PERMIT IN THE, C-2 AND M-1 ZONES, CASE 5.1180: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 12, 2007. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. JOHN TYMON, Palm Springs, commented on the lack of public testimony at the public hearing, and the "not in my back yard" attitude with the location of the bus terminal. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Foat and Mayor Pougnet requested staff address options and negotiations with Greyhound. ACTION: Waive further reading and adopt Ordinance No. 1726, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 91.00.00, SUBSECTION D OF SECTION 92,14,01, AND SUBSECTION D OF SECTION 92.17.01, AND REPEALING PARAGRAPH 20 OF SUBSECTION A OF SECTION 92.14.01 AND PARAGRAPH 10 OF SUBSECTION A OF SECTION 92.17.01 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF TRANSPORTATION TERMINALS AS A USE PERMITTED PURSUANT TO CONDITIONAL USE PERMIT IN THE C-2 AND M-1 ZONES." Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. PUBLIC COMMENT: JOHN TYMON, Palm Springs, commented on the location of the meetings of the Human Rights Commission and the location of bus terminals in the City. HOG City Council Minutes December 12, 2007 Page 3 COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY: Councilmember Mills stated he has a business related conflict of interest with respect to Item RA1., would not participate in the discussion or the vote and left Council Chamber. RA1. DISPOSITION AND DEVELOPMENT AGREEMENT WITH LOFT PARTNERS PALM SPRINGS, LLC, ON 7.8 ACRES AT THE EAST SIDE OF CALLE ALVARADO AND THE NORTH SIDE, OF AMADO ROAD FOR THE DEVELOPMENT OF THE MONDRIAN HOTEL: ACTION: 1) Continue the Public Hearing to December 19, 2007, with no public testimony; and 2) Direct the City Clerk/Assistant Secretary to post a Notice of Continued Public Hearing. Motion Mayor Pro Tem 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. Councilmember Mills noted he has a business related conflict of interest with respect to Item RA2., pertaining to the Convention Center North Parking Lot, and noted his abstention on that portion of the transaction and the vote. RA2. SALE OF THE CONVENTION CENTER NORTH PARKING LOT, PALM CANYON THEATER, THE DESERT ART CENTER, AND FRANCES STEVENS PARK TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND APPROVING THE ACCEPTANCE OF THE PROPERTY AND GRANT DEEDS FROM THE CITY TO THE AGENCY: Thomas Wilson, Assistant City Manager, provided background information as outlined in the staff report dated December 12, 2007. ACTION: 1) Adopt Resolution No. 22106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF THE CONVENTION CENTER NORTH PARKING LOT, PALM CANYON THEATER, THE DESERT ART 000a©3 City Council Minutes December 12, 2007 Page 4 CENTER, AND FRANCES STEVENS PARK TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager/Executive Director to execute all documents related to the purchase and sale in a form acceptable to the City Attorney/Agency Counsel. A5593. Motion Councilmember Hutcheson, seconded by Councilmember Weigel and unanimously carried on a roll call vote, noting the business related abstention of Councilmember Mills on the Convention Center North Parking Lot. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2,D., 2.F., 2.G., 2.H., 2.1., 2.K., and 2.M. Motion Councilmember Mills, seconded by Councilmember Weigel 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 December 12, 2007, City Council Agenda. Approved as part of the Consent Calendar. 2.8. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of November 7, 2007, and November 14, 2007. Approved as part of the Consent Calendar, noting the abstention of Councilmember Hutcheson, 2.C. APPROVAL OF PAYROLL, WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22107, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11/03/07, BY WARRANTS NUMBERED 412663 THROUGH 412665, AND WARRANTS NUMBERED 412667 THROUGH 412718 TOTALING $98,036.44, LIABILITY CHECKS NUMBERED 1024435 THROUGH 1024457 TOTALING $139,991.67, AND THREE WIRE TRANSFERS FOR $59,505.30 AND THREE ELECTRONIC ACH DEBITS OF $1,262,004.08 IN THE AGGREGATE AMOUNT OF $1,559,537.49, DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 22108, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1024458 THROUGH 1024463, IN THE AGGREGATE AMOUNT OF $177,781.15, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 22109, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1024464 THROUGH 1024706, IN THE AGGREGATE AMOUNT OF $1,741,733.71, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 22110, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11/17/07, BY 000004 City Council Minutes December 12, 2007 Page 5 WARRANTS NUMBERED 412666 AND 412719 THROUGH 412765, TOTALING $73,346.83, LIABILITY CHECKS NUMBERED 1024706 THROUGH 1024728, TOTALING $140,328.14, THREE WIRE TRANSFERS FOR $63,530.31, AND THREE ELECTRONIC ACH DEBITS OF $1,079,566.81, IN THE AGGREGATE AMOUNT OF $1,356,772.09, DRAWN ON BANK OF AMERICA;" and 5) Adopt Resolution No. 22111, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1024729 THROUGH 1024739, IN THE AGGREGATE AMOUNT OF $129,647.08, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.1). STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER 2007: ACTION: Receive and file Staff Authorized Agreements covering the period November 1 through November 30, 2007. Approved as part of the Consent Calendar. 2.F. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE AIRPORT RENTAL CAR READY/RETURN LOT EXPANSION: ACTION: Approve the Plans and Specifications and authorize the bidding of the Airport Rental Car Ready/Return Lot Expansion Project, City Project 07-23. Approved as part of the Consent Calendar. 2.G. RESIGNATION OF RICK HUTCHESON FROM THE PLANNING COMMISSION: ACTION: 1) Acknowledge the resignation of Rick Hutcheson from the Planning Commission effective December 5, 2007; and 2) Direct the City Clerk to past a notice of vacancy. Approved as part of the Consent Calendar. 2.H. CONSTRUCTION CHANGE ORDER NO. 2 TO AGREEMENT NO. A5401 WITH STEINY & COMPANY, INCORPORATED FOR THE PROTECTED PERMISSIVE SIGNAL CONVERSION PROJECT, CITY PROJECT 05-07: ACTION: 1) Approve Construction Change Order No. 2 to Agreement No. A5401 with Steiny & Company, Incorporated, in the amount of$20,500 for a total revised contract amount of $335,567.14 for the Protective Permissive Signal Conversion Project, City Project No. 05-07; and 2) Authorize the City Manager to execute all necessary documents. A5401. Approved as part of the Consent Calendar. 0000615 City Council Minutes December 12, 2007 Page 6 2.L AMENDMENT NO. 5 TO AGREEMENT NO. A3469 WITH ARNOLD PALMER MANAGEMENT, LLC FOR GOLF COURSE MANAGEMENT SERVICES AT TAHQUITZ CREEK GOLF RESORT: ACTION: 1) Approve Amendment No. 5 to Agreement No. A3469 with Arnold Palmer Management, LLC, extending the term for a six-month period, through June 30, 2008, for golf course management services at Tahquitz Creek Golf Resort; and 2) Authorize the City Manager to execute all necessary documents. A3469. Approved as part of the Consent Calendar. 2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A4992 WITH SMG FOR TOURISM SERVICES: ACTION: 1) Approve Amendment No. 2 to Agreement No. A4992 with SMG for tourism services; and 2) Authorize the City Manager to execute all necessary documents. A4992. Approved as part of the Consent Calendar. 2.M. APPROVING EXTENSIONS OF THE CABLE TELEVISION FRANCHISE AGREEMENTS WITH TIME WARNER THROUGH JUNE 30, 2008: ACTION: 1) Adopt Resolution No. 22113, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION FRANCHISE AGREEMENT GRANTED TO WARNER CABLE COMMUNICATIONS UNDER AGREEMENT NO. A2535 THROUGH JUNE 30, 2008;" 2) Adopt Resolution No. 22114, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE CABLE TELEVISION FRANCHISE AGREEMENT GRANTED TO PALMER CABLEVISION UNDER AGREEMENT NO. A2792 THROUGH JUNE 30, 2008;" and 3) Authorize the City Manager to execute all documents necessary to effectuate the extensions. A2535. A2792. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO, 1728, RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE: Councilmember Hutcheson noted his preference with the Planning Commission recommendation. Councilmember Weigel stated he preferred the Planning Commission recommendation. Mayor Pro Tern Foat commented on the impacts to the merchants and the Downtown area in general. 000038 City Council Minutes December 12, 2007 Page 7 Councilmember Mills stated his support for the Ordinance and commented that office use is allowed on the side streets in the Downtown area. Mayor Pro Tern Foat stated she would prefer to see the proposed ordinance prepared by staff. Councilmember Mills requested the City Attorney clarify provisions of the Ordinance as recommended by the Planning Commission, and requested staff address the application fee for a CUP. Councilmember Hutcheson stated he would like staff to review the objectives of both sides and draft an ordinance that could meet all the objectives of the City Council. ACTION: 1) Deny the Ordinance No. 1728 as proposed and written; and 2) Direct staff to revise and rework Ordinance No. 1728 addressing the recommendation of the Planning Commission and incorporating further modifications as proposed by the City Council. Motion Councilmember Hutcheson, seconded by Councilmember Weigel and carried 3-2 on a roll Call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: Councilmember Mills and Mayor Pro Tem Foat. 2.J. PALM SPRINGS STADIUM CONCERT POLICY: Mayor Pro Tern Foat expressed concerns with the early 8:00 p.m. end time, the waiver provision for later concerts, and after concert activities. Councilmember Weigel expressed concern with neighborhoods, and requested staff address if the adjacent neighborhood was notified. MOTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A POLICY TO USE THE PALM SPRINGS STADIUM FOR TEEN/YOUTH CONCERTS ENDING AT 8:00 P.M." Motion Councilmember Mills, seconded by Mayor Pougnet and failed 2-3 on a roll call vote. AYES: Councilmember Mills and Mayor Pougnet. NOES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pro Tern Foat. ACTION: Direct staff to notify the neighborhood and the ON[ and return the Item to the City Council. By consensus of the City Council. 600067 City Council Minutes December 12, 2007 Page 8 2.L. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF LAND USE REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS: Councilmember Hutcheson stated he would like the Planning Commission to address 93.15.20(D)(1) if a provision should be made for multi-month rentals. ACTION: 1) Initiate a Zone Text Amendment and refer to the Planning Commission; 2) Direct staff and the Planning Commission to review and comment on Section 93.15.10(D)(1) with respect to multi-month periods 3) Waive reading of the Ordinance text and introduce by title only; and 4) Introduce on first reading Ordinance No. 1729, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 93.15.10 AND AMENDING SECTION 91.00.10 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF LAND USE REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS." Motion Councilmember Mills, seconded by Mayor Pougnet and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A, PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF A HOTEL OPERATIONS INCENTIVE PROGRAM: City Manager Ready and Thomas Wilson, Assistant City Manager, provided background information as outlined in the staff report dated December 12, 2007. Mayor Pougnet requested staff address if other cities in Southern California had such an Incentive program, and commented on the amount of investment funds needed to qualify. Mayor Pro Tern Foat requested staff address the incentive period of 20 years. Councilmember Mills requested staff address the increment amount for an existing hotel, requested clarification of the modification to the expenditure to qualify for the renovation program, and who makes the determination of First Class. Councilmember Hutcheson stated he would like a range for definitions and stated his support for the item. ACTION: 1) Waive reading of the Ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. 1730, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.26 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A HOTEL OPERATIONS INCENTIVE 000062 City Council Minutes December 12, 2007 Page 9 PROGRAM" amending Section 5.26.040(b) and 5.26.040(c) to include a termination provision, amending Section 5.26.020 defining Qualified Renovation Program to include an investment of $15,000, and amending Section 5.26.050(a) to include approval by the City Council. Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS- S.A. CONSULTANT SERVICES AGREEMENT WITH VISION INTERNET IN AN AMOUNT NOT-TO-EXCEED $60,000 FOR THE DESIGN AND IMPLEMENTATION OF A NEW CITY WEBSITE: City Manager Ready provided background information as outlined in the staff report dated December 12, 2007. The City Council discussed and/or commented on the following with respect to the contract and implementation of a new City website: permit tracking, cost of the permit process, proprietary software, and the comprehensive scope of work. ACTION: 1) Approve a contract services agreement with Vision Internet in an amount not-to-exceed $60,000 for the design and implementation of a new City website; and 2) Authorize the City Manager to execute all necessary documents. A5594. Motion Councilmember Weigel, seconded by Councilmember Mills and unanimously carried on a roll call vote. S.B. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES, CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS, AND APPOINTMENT OF ADDITIONAL CITY COUNCIL SUBCOMMITTEES FOR COLLEGE OF THE DESERT, THE CONVENTION CENTER MANAGEMENT AGREEMENT, HOUSING ELEMENT, AND THE BOB HOPE CHRYSLER CLASSIC CHARITY EVALUATION COMMITTEE: ACTION: 1) Appoint Mayor Pougnet and Councilmember Mills to the CVAG Executive Committee. 2) Appoint Mayor Pougnet and Councilmember Hutcheson to the CVAG Energy and Environment Committee. 3) Appoint Mayor Pro Tem Foat and Councilmember Weigel to the CVAG Human and Community Resources Committee. City Council Minutes December 12, 2007 Page 10 4) Appoint Mayor Pro Tem Foat and Councilmember Weigel to the CVAG Homelessness Committee. 5) Appoint Councilmember Weigel and Councilmember Hutcheson to the CVAG Public Safety Committee. 6) Appoint Mayor Pougnet and Mayor Pro Tem Foat to the CVAG Transportation Committee. 7) Appoint Councilmember Mills and Councilmember Weigel to the Coachella Valley Conservation Commission. 8) Appoint Councilmember Mills and Councilmember Hutcheson to the Coachella Valley Mountain Conservancy Board. 9) Appoint Councilmember Hutcheson and Mayor Pro Tem Foat to the Riverside County Community Action Committee. 10) Appoint Mayor Pro Tem Foat and Mayor Pougnet to the Riverside County Transportation Commission. 11) Appoint Mayor Pougnet and Councilmember Hutcheson as Liaisons to SunLine. 12) Appoint Mayor Pougnet and Councilmember Weigel as Liaisons to the Riverside County Gaming Commission. 13) Appoint Mayor Pro Tem Foat and Councilmember Mills as Liaisons to Main Street. 14) Appoint Councilmember Weigel and Councilmember Hutcheson as Liaisons to Pacific Housing Finance (PHFA). 15) Appoint Councilmember Hutcheson and Councilmember Weigel as Liaisons to the Palm Springs Chamber of Commerce. 16) Appoint Mayor Pougnet and Councilmember Mills to the Palm Springs Desert Resort Communities Convention and Visitors Authority. 17) Appoint Mayor Pougnet and Councilmember Hutcheson as Liaisons to Palm Springs Recycle. 18) Appoint Mayor Pougnet and Mayor Pro Tem Foat to the City Council Finance Subcommittee. 0 0 G a 7 0 City Council Minutes December 12, 2007 Page 11 19) Appoint Mayor Pro Tern Foat and Councilmember Hutcheson to the City Council Business Retention Subcommittee. 20) Appoint Mayor Pougnet and Councilmember Mills to the City Council College of the Desert Subcommittee. 21) Appoint Mayor Pro Tern Foat and Councilmember Hutcheson to the TRENO Neighborhood Tahquitz Creek Mini Park City Council Subcommittee. 22) Appoint Mayor Pro Tern Foat and Councilmember Mills to the Downtown Sign Regulations City Council Subcommittee. 23) Appoint Mayor Pougnet and Councilmember Mills to the Convention Center Management Agreement (currently with SMG) City Council Subcommittee. 24) Appoint Councilmember Mills and Councilmember Hutcheson to the Housing Element City Council Subcommittee. 25) Appoint Councilmember Foat and Councilmember Mills to the Animal Shelter City Council Subcommittee. 26) Appoint Mayor Pougnet and Councilmember Mills to the Wyndham Hotel City Council Subcommittee. 27) Appoint Mayor Pougnet and Councilmember Mills to the Tourism/Convention Center City Council Subcommittee. 28) Appoint Mayor Pougnet and Councilmember Mills to the Resource Conservation City Council Subcommittee. 29) Appoint Mayor Pro Tem Foat to the Bob Hope Classic Charity Evaluation Committee with Councilmember Weigel as Alternate. 30) Direct the City Clerk to delete the following City Council Subcommittees from the active list: Palm Springs Art Museum, Legislative Prop. 84 and Land Conservancy, Energy, Air Museum Activities, O'Donnell Golf Course, Homeless and Economically Disadvantaged, Tenet Healthcare, Fireworks, Convention Center Opening Events, Palm Canyon Project, Director of Planning Interviews, City Manager's Committee on Downtown Urban Design, Neighborhoods, SDC, LLC Tahquitz Creek Golf Course Project, Palm Springs Unified School District, Wastewater Treatment Plant, Ruddy's General Store, Visitors Center, Cathedral City, and the Chief of Police Recruitment. Motion 000011 1- City Council Minutes December 12, 2007 Page 12 Councilmember Mills, seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pougnet requested the City Manager schedule a "think tank" with the Resource Conservation Commission, City Council and with City employees to discuss and move forward with green and sustainable programs, requested staff consider and recommend a format for a Town Hall meeting with Downtown stakeholders to address homelessness, business retention and attraction, lease rates marketing and branding, and directed staff to coordinate and facilitate a meeting with the ON[ at the Convention Center to discuss and articulate the City's Emergency Response Plan. Councilmember Weigel requested staff address and schedule a study session for the expanded use and improved camera system in the downtown area, requested staff schedule a study session and update the City Council on the animal shelter, and requested staff address expanding the public and neighborhood notification procedures and process. Councilmember Mills requested the City Manager provide an update on the status of the annexation of Park Andreas and Bellamonte. ADJOURNMENT: The City Council adjourned at 8:18 p.m. to a Regular Meeting, Wednesday, December 19, 2007, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:00 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 9TH DAY OF JANUARY, 2008. STEPHEN POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA 4 0. • MINUTES WEDNESDAY, JANUARY 9, 2008 City Hall Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Pastor David Sanger, 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: Pastor David Sanger, Our Savior's Community Church, and Former Desert Hot Springs Councilmember Hank Hohenstein, updated the City Council on the new Church, and presented a check to the City for After-School programs. Mayor Pougnet and the City Council presented a Certificate of Recognition to James Smith, Manager of Information Technology, as MAPS Employee of the Year, and thanked him for his service. REPORT OF CLOSED SESSION: At 4:00 p.m. the meeting was called to order and the City Council added one Item to the Closed Session Agenda pursuant to Government Code Section 54956.9(a) Conference with Legal Counsel for the case titled Advocates for Better Community Development v. City of Palm Springs et. al., Case No. INC 062704, Riverside County Superior Court, Indio, CA. ACTION: 1) Make the finding the Item came to the attention of the City after the posting of the agenda and there is an immediate need to hear and/or take action on the Item; and 2) Add to the Closed Session Agenda pursuant to Government Code Section 54956.9(a) Conference with Legal Counsel, Existing Litigation, Advocates for Better Community Development v. City of Palm Springs. Motion Councilmember Weigel, 0000 a City Council Minutes January 9, 2008 Page 2 seconded by Councilmember Hutcheson and unanimously carried, noting the absence of Mayor Pro Tom Foat and Councilmember Mills. City Attorney Holland reported that the City Council then recessed into Closed Session to discuss Items on the Closed Session Agenda. The City Council authorized the City Attorney to execute a Tolling Agreement with Century Crowell Communities L.P., otherwise the City Council took no reportable actions. A5609. ACCEPTANCE OF THE AGENDA: City Clerk Thompson requested Consent Calendar Item 2,G. be withdrawn from the Agenda at the request of staff. Councilmember Mills requested Items 2.1. and 21. be removed from the Consent Calendar for separate discussion. Mayor Pro Tem Foat noted her abstention on Consent Calendar Item 2.B, ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. CONSTRUCTION COST OF THE PALM SPRINGS ANIMAL SHELTER, BENEFITING MERGED REDEVELOPMENT PROJECT NOS. AREA 1 AND 2 IN THE AMOUNT OF $5,000,000: City Manager Ready provided background information as outlined in the staff report dated January 9, 2008. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. FRANK ALVAREZ, thanked the City Council for moving forward with the construction of a new Animal Shelter. JOY MEREDITH, thanked the City Council for the development of a new Animal Shelter. No further speakers coming forward, the public hearing was closed. Mayor Pro Tom Foat commented on the progress with respect to the development of a new Animal Shelter, and requested assistance from the citizens. aaaa-7 �s City Council Minutes January 9, 2008 Page 3 Mayor Pougnet requested staff address the finalization of the development budget. Councilmember Weigel stated the Shelter has been a long time coming, and thanked the Committee, the City Council, and Community. ACTION: Adopt Resolution No. 22123, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING THE FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE CONSTRUCTION COSTS OF THE PALM SPRINGS ANIMAL SHELTER BENEFITING MERGED REDEVELOPMENT PROJECT AREA NOS. 1 AND 2." Motion Councilmember Mills, seconded by Councilmember Weigel and unanimously carried on a roll call vote. 1.13. PROPOSED ORDINANCE AND RESOLUTION TO FUND THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated January 9, 2008. Councilmember Mills requested staff address the calculation of the fee. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Waive reading of the Ordinance text and introduce by title only; 2) Introduce on first reading Ordinance No. 1734, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER &95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN;" and 3) Adopt Resolution No. 22124, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY OF PALM SPRINGS." Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. City Council Minutes January 9, 2008 Page 4 PUBLIC COMMENT: TONY RODRIGUEZ, Palm Springs High School Student, commented on the activities of the International Business Club at Palm Springs High School. GUADALUPE ELGNER, Palm Springs High School Student, commented on the activities of the International Business Club at Palm Springs High School. JOSHUA CHAO, Palm Springs High School, commented on the activities of the International Business Club at Palm Springs High School. JOHN PIVINSKI, Palm Springs Chamber, commented on marketing of the Downtown area, questioned the process for the hiring of a management consultant for Item RA2., and requested the City Council delay a decision until stakeholders are consulted. JOY MEREDITH, Palm Springs, stated Main Street did not take action on RA2., as Main Street was not consulted, nor were any of the stakeholders in the Downtown area, and stated the process could have been improved. JEFF WELSHANS, Palm Springs, commented on the hillside development and the rock crushing problem at the Palm Springs Modern Homes Pedregal site, requested a stop order on the project, and a moratorium on such construction activities. DANA STEWART, Palm Springs, commented on the hillside development and the rock crushing problem at the Palm Springs Modern Homes Pedregal site, requested a stop order on the project, and a moratorium on such construction activities. COUNCILMEMBER COMMENTS: Mayor Pougnet requested Fire Chief Blake Goetz provide a verbal report on the rock crushing incident near the Chino Cone at the Palm Springs Modern Homes Pedregal site. CITY MANAGER'S REPORT: City Manager Ready provided an update on the Joint Meeting with the Resource Conservation Commission, the U.S. Conference of Mayors, and the Green Building "Think Tank." Thomas Wilson, Assistant City Manager, provided an update on the Escena Development, Avalon Sun Cal Development, and the Burnett Country Club Project. City Manager Ready thanked the Raymond Cree High School Band for their performance at City Hall during the holidays, commented on the donation to the Fire I'00015 City Council Minutes January 9, 2008 Page 5 Department for Improvements to the kitchen at Fire Station 4, and updated the City Council with respect to the activities at the Palm Springs Film Festival. The City Council recessed at 7:14 p.m., as the Community Redevelopment Agency. The City Council reconvened at 7:33 p,m.. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.17., 2.H., 2.J., and 2.K. Motion Councilmember Mills, seconded by Councilmember Weigel 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 January 9, 2008, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of December 19, 2007. Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern Foat. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22125, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1024973 THROUGH 1025312, IN THE AGGREGATE AMOUNT OF $4,815,688.64, DRAWN ON BANK OF AMERICA;" 2)Adopt Resolution No. 22126, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1025313 THROUGH 1025332, IN THE AGGREGATE AMOUNT OF $163,915.09, DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22127, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 12/15/07 BY WARRANTS NUMBERED 412816 THROUGH 412872, TOTALING $89,521.55, LIABILITY CHECKS NUMBERED 1025333 THROUGH 1026366, TOTALING $143,230.37, THREE WIRE TRANSFERS FOR $70,00624, AND THREE ELECTRONIC ACH DEBITS OF $1,222,018.70, IN THE AGGREGATE AMOUNT OF $1,524,776.86, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. STAFF AUTHORIZED AGREEMENTS FOR DECEMBER 2007: ACTION: Receive and file Staff Authorized Agreements covering the period December 1 through December 31, 2007. Approved as part of the Consent Calendar. 000017 City Council Minutes January 9, 2008 Page 6 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1730, ADDING CHAPTER 5.26 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A HOTEL OPERATIONS INCENTIVE, PROGRAM: ACTION: Waive further reading and re-adopt Ordinance No. 1730, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.26 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A HOTEL OPERATIONS INCENTIVE PROGRAM." Approved as part of the Consent Calendar. 2.F. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2007: ACTION: Receive and File the Treasurer's Investment Report as of November 30, 2007. Approved as part of the Consent Calendar, 2.H. AMENDMENT NO. 14 TO AGREEMENT NO. A4382 WITH GENSLER ARCHITECTURAL SERVICES FOR ADDITIONAL SERVICES, PHASE II TERMINAL REHABILITATION/ENHANCEMENT PROGRAM: ACTION: 1) Approve Amendment No. 14 to Agreement No. A4382 with Gensler Architectural Services for additional airport design work to incorporate components added during the schematic design process for Phase II Terminal Rehabilitation/Enhancement Program; and 2) Authorize the City Manager to execute all necessary documents. A4382. Approved as part of the Consent Calendar. 2.J. AWARD CONTRACT TO MACADEE ELECTRICAL CONSTRUCTION, INC., FOR THE PROTECTIVE-PERMISSIVE SIGNAL CONVERSION PROJECT, PHASE 1, IN THE AMOUNT OF $35,769, CITY PROJECT NO. 07-19: ACTION: Approve an agreement with Macadee Electrical Construction, Inc., for the Protective-Permissive Signal Conversion Project, Phase 1, in the amount of $35,769, City Project No. 07-19; 2) Authorize the City Manager to execute all necessary documents. A5608. Approved as part of the Consent Calendar. 2X VEHICLE OUTFITTING FOR POLICE DEPARTMENT: ACTION: Waive the competitive requirements of the Municipal Code and approve the purchase of equipment and integration services for police patrol vehicles from Woodcrest Vehicle Center. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.G. FINAL MAP 33341 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AQUA PALM SPRINGS, LLC, FOR A 6 LOT G099 t3 City Council Minutes January 9, 2008 Page 7 TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 2705 E. TAHQUITZ CANYON WAY: ACTION: Withdrawn from the Agenda at the request of staff. 2.1. APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND GRANTING THE APPEAL FILED BY JESSE DANNER (SNIP SNIP BUZZ), CASE SP-07-112, SIGN PROGRAM WITH CONDITIONS AT 373 SOUTH PALM CANYON DRIVE: ACTION: Adopt Resolution No. 22128, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION DECISION AND GRANTING THE APPEAL BY APPLICANT JESSE DANNER (SNIP SNIP BUZZ), CASE NO. SP 07 112/SIGN PROGRAM WITH CONDITIONS AT 373 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." Motion Mayor Pro Tern Foat, seconded by Mayor Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: Councilmember Mills. 2.L. AMENDMENT NO, 2 TO AGREEMENT NO. A5336 WITH EVERGREEN RECYCLING SOLUTIONS, FOR SOLID WASTE MANAGEMENT AND RECYCLING CONSULTING SERVICES, FOR ADDITIONAL SERVICES AND INCREASING THE CONTRACT AMOUNT $30,000: Councilmember Mills requested staff address the qualifications of the individual, with respect to the Resource Conservation Commission. ACTION: Table and return with additional information on the Consultant's qualifications for the additional proposed programs and activities. By consensus of the City Council. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: 4.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUEST FOR PROPOSAL (RFP) FOR THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FISCAL YEAR 2008-09, CDBG PROGRAM, 34TH PROGRAM YEAR: City Manager Ready and Dale Cook, Economic Development Administrator, provided background information as outlined in the staff report dated January 9, 2008. � I�0 19 City Council Minutes January 9, 2008 Page 8 Councilmember Weigel requested staff address the goals of the five-year plan, and advance funding. Mayor Pro Tern Foat requested staff address if the City had received the final appropriation amount to fund CDBG projects, recommended in future years the City provide for a concentration of specific target populations, and requested staff address within the process and/or rating how to assist smaller agencies apply and receive grants. Councilmember Mills recommended the City give a priority for Capital Improvement Projects to Agencies that will provide matching funds, including those requests from City Departments and Agencies. Councilmember Hutcheson thanked the Committee, commented on the rating system, and stated the rating system is fair to Agencies, and provides for reaching as many people as we can with the limited funds. No action taken. 5. NEW BUSINESS: 5.A. PREPARATION OF THE STATE-MANDATED UPDATE TO THE PALM SPRINGS HOUSING ELEMENT CHAPTER OF THE GENERAL PLAN FOR THE PLANNING PERIOD OF 2008 THROUGH 2O14; Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated January 9, 2008. Mayor Pougnet commented on the re-zoning of land for the building of rental housing especially near Gene Autry and Indian Canyon with access to the Interstate. Mayor Pro Tern Foat commented on the committees and requested staff address citizen participation and outreach. Councilmember Mills commented on the evaluation of vacant sites, and/or other redevelopment sites. No action taken. 5.13. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL AS THE LIAISON TO THE PALM SPRINGS ECONOMIC DEVELOPMENT CORPORATION (PSEDC): ACTION: 1) Appoint Councilmember Hutcheson as the liaison to the Palm Springs Economic Development Corporation. Motion Mayor Pro Tern Foat, seconded by Mayor Pougnet and carried 4-0 on a roll call vote. 00®029, City Council Minutes January 9, 2008 Page 9 AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSTAIN: Councilmember Hutcheson. ADJOURNMENT: The City Council adjourned at 8:19 p.m. to a Regular Meeting, Wednesday, January 16, 2008, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs_ APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 16T" DAY OF JANUARY, 2008. STEPHEN POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 0010021