REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 p.m. the City Council called the meeting to order and recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken.

ACCEPTANCE OF THE AGENDA:

City Attorney Holland requested the City Council consider adding Item No. 2.W., APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSNESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTUREAREAS, AND PRESERVATION OF THE MOUNTAIN VIEW to the Consent Calendar, stating the need to take action arose after the posting of the agenda. It was noted Councilmember Mills will not be participating to approve adding this item to the agenda due to a business related conflict of interest.

Motion to Add an item to the Consent Calendar as Item 2.W., APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW. Moved by Councilmember Pougnet, seconded by Mayor Pro Tem Foat.

Vote to Add an item to the Consent Calendar as Item 2.W., APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW. (Approved)

Mayor Pro Tem Foat requested Items 2.I., 2.R., and 2.S. be removed from the Consent Calendar for separate discussion.

Councilmember Pougnet requested Items 2.G., 2.H., and 2.Q. be removed from the Consent Calendar for separate discussion.

Councilmember McCulloch requested Items 2.C. and 2.D. be removed from the Consent Calendar for separate discussion.

Councilmember Mills stated he will be abstaining from Consent Calendar Items 2.B. due to his absence from that meeting, 2.E. Warrant No. 1017379, 2.G., and 2.W. business related conflicts; and requested Items 2.K. and 2.L. be removed from the Consent Calendar for separate discussion.

Motion to Approve The Agenda was approved with Items 2.C., 2.D., 2.G., 2.H., 2.I., 2.K., 2.L., 2.Q., 2.R., and 2.S. removed from the Consent Calendar for separate discussion. Moved by Councilmember Pougnet, seconded by Mayor Pro Tem Foat.

Vote to Approve The Agenda was approved with Items 2.C., 2.D., 2.G., 2.H., 2.I., 2.K., 2.L., 2.Q., 2.R., and 2.S. removed from the Consent Calendar for separate discussion. (Approved)

SPECIAL CITY COUNCIL ITEM: APPOINTMENT OF MAYOR PRO TEMPORE:

Motion to Appoint Steve Pougnet as Mayor Pro Tempore. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Appoint Steve Pougnet as Mayor Pro Tempore. (Approved)

Roll Call: 8 members present, 0 members absent, 0 members excused.

1. PUBLIC HEARINGS:

1.A. CONSIDERATION OF AN AMENDMENT TO THE ENVIRONMENTALLY SENSITIVE AREA-SPECIFIC PLAN (ESA-SP) ZONE (SECTION 92.21 ET SEQ): 1) USE OF COMPLETION BONDS FOR PROJECTS WITHIN THE ESA-SP ZONE; 2) ENFORCEMENT ACTIONS AGAINST UNAUTHORIZED WORK WITHIN THE ESA-SP ZONE; AND 3) TRANSFER OF DENSITY OUTSIDE THE ESA-SP ZONE:

Craig Ewing, Director of Planning Services, presented the staff report dated December 6, 2006.

Mayor Oden opened the Public Hearing.

FRANK GAYDOS, Palm Springs, spoke in support of the proposed ordinance amendment.

GREG DAY, Palm Springs, spoke in opposition to the proposed ordinance amendment.

No further speakers came forth; therefore, Mayor Oden closed the public hearing.

Director Ewing noted the letter attached to the staff report from Best Best & Krieger, legal counsel for Century Vintage Homes, is part of the public record and testimony; additionally, City Attorney Holland stated a letter received after the posting of the agenda was received from the law firm Jeffer, Mangels, Butler & Marmaro, representing Shadowrock Real Estate Development, LLC, has been provided to the City Council and shall be part of the public record.

Councilmember Mills requested clarification to the staff report, "... althought we believe that the project-specific performance agreements would provide a more tailored approach to addressing what happens should a project be abandoned." Additionally, he made reference to the letter received from Best Best and Krieger and asked for additional information regarding grading completion bonds.

Councilmember Mills requested that the motion to include amending the language in Section 1, Subsection J to read "... any property within the ESA-SP zone without prior City approval..." and Section 2, Subsection C to read "... and reducing the expenditures for public services to the ~~development~~planning area and to the impacts on the receiving site or vicinity."

Councilmember McCulloch requested additional information regarding grading completion bonds/renaturalization security and the transfer of density.

Mayor Pro Tem Pougnet spoke regarding the density transfer.

Councilmember Mills commented on the transfer of density.

Councilmember Foat spoke in support of the item.

Mayor Oden thanked the community and staff for their diligent work on this ordinance.

Motion to 1) Waive the reading of the ordinance text in its entirety and introduce by title only, Ordinance No. 1707, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE" amending the language in Section 1, Subsection J to read "... any property within the ESA-SP zone without prior City approval..." and Section 2, Subsection C to read "... and reducing the expenditures for public services to the planning area and to the impacts on the receiving site or vicinity." Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Waive the reading of the ordinance text in its entirety and introduce by title only, Ordinance No. 1707, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE" amending the language in Section 1, Subsection J to read "... any property within the ESA-SP zone without prior City approval..." and Section 2, Subsection C to read "... and reducing the expenditures for public services to the planning area and to the impacts on the receiving site or vicinity." (Approved)

COMMUNITY REDEVELOPMENT AGENCY

CONSENT CALENDAR:

RA1. APPROVAL OF MINUTES:

Motion to Approve the Community Redevelopment Agency Minutes of November 1, 2006. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Foat.

Vote to Approve the Community Redevelopment Agency Minutes of November 1, 2006. (Approved)

Chair Oden called for a recess at 7:36 p.m., and reconvened at 7:49 p.m.

NEW BUSINESS:

RA2. APPROVAL OF A RESOLUTION SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT:

John Raymond, Director of Community & Economic Development, presented the staff report dated December 6, 2006.

Agency Member Mills spoke of the need for affordable senior housing, and voiced concerns on this specific project and the need for other projects.

Agency Member Foat commented the need to address housing in the City, and the need for including green buildings, and does not support the proposed.

Agency Member McCulloch requested clarification on the set aside funds, and the length of time of the funding commitment, and this is a good proposal and should not dismiss this opportunity.

Vice Chair Pougnet state the sub-committee should meet and ask if there is work staff has performed and the Agency has not been advised of the details.

Chair Oden commented the agency should not by-pass this opportunity for multi-family housing/apartments.

Agency Member Mills inquired if the monies may be saved and used at a later date, and stated the location for senior housing will be more costly, and the need for senior housing in the future.

Agency Member Foat spoke on the need for senior housing, and inquired if the subcommittee may meet as soon as possible regarding planned affordable senior housing and an obligation to the citizens to have a strategic plan.

Agency Member McCulloch asked for information regarding the gap.

Agency Member Foat asked if this project was presented to the Desert Highland Neighborhood Group.

Chair Oden spoke on the need for affordable housing for young residents as well as the seniors, and the agency should not by-pass this opportunity for affordable housing.

Motion to Adopt Resolution No. ____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT (OPA)". Moved by Councilmember McCulloch, seconded by Mayor Oden.

Vote to Adopt Resolution No. ____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT (OPA)". (Declined)

Agency Member Mills requested reconsidered of this item in the near future with additional information, and requested staff work with the subcommittee and developer work.

Agency Member Mills stated the neighborhood is supportive of the project.

Agency Member Foat requested a formal presentation be made to the neighborhood association.

Agency Member McCulloch requested information on the commitment and asked if there was a time line for the funds.

Vice Chair Pougnet stated there were questions to be addressed.

RA3. LEASE WITH JOHN WESSMAN DBA WESSMAN DEVELOPMENT COMPANY FOR A 20,000 SQUARE FOOT BUILDING LOCATED AT 101 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF ESTABLISHING A TEMPORARY "PALM SPRINGS VISION CENTER" IN THE BUILDING:

John Raymond, Director of Community & Economic Development, presented the staff report dated December 6, 2006.

Agency Member Pougnet voice support of the idea, and inquired about the subleases.

Agency Member Mills mentioned there is a lot of work to be done prior to the occupancy of the building, and stated his support.

Mayor Oden spoke in support of the proposed project, and voiced concerns regarding tourism and the Tribe.

Motion to 1) Adopt Resolution No. 1315, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LEASE WITH JOHN WESSMAN DBA WESSMAN DEVELOPMENT COMPANY FOR A 20,000 SQUARE FOOT BUILDING LOCATED AT 101 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF ESTABLISHING A TEMPORARY "PALM SPRINGS VISION CENTER" IN THE BUILDING;" and 2) Authorize the Executive Director to execute all agreements related to the lease. A0513C. Moved by Councilmember McCulloch, seconded by Councilmember Foat.

Vote to 1) Adopt Resolution No. 1315, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LEASE WITH JOHN WESSMAN DBA WESSMAN DEVELOPMENT COMPANY FOR A 20,000 SQUARE FOOT BUILDING LOCATED AT 101 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF ESTABLISHING A TEMPORARY "PALM SPRINGS VISION CENTER" IN THE BUILDING;" and 2) Authorize the Executive Director to execute all agreements related to the lease. A0513C. (Approved)

The Community Redevelopment Agency adjourned at 8:33 P.M. and reconvened as the City Council.

Mayor Oden exited the Council Chamber briefly and Mayor Pro Tem Pougnet chaired the meeting during his absence, at 8:33 p.m.

2. CONSENT CALENDAR:

Motion to Approve Items 2.A., 2.B., 2.E., 2.F., 2.J., 2.M., 2.N., 2.O., 2.P., 2.T., 2.T., 2.U., 2.V., and 2.W. Moved by Councilmember Mills, seconded by Councilmember McCulloch.

Vote to Approve Items 2.A., 2.B., 2.E., 2.F., 2.J., 2.M., 2.N., 2.O., 2.P., 2.T., 2.T., 2.U., 2.V., and 2.W. (Approved)

2.A. REPORT ON POSTING OF THE AGENDA:

2.B. APPROVAL OF MINUTES:

2.E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

2.F. REQUEST BY DORE REYES FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1131 - PCN) IN ORDER TO SELL BEER AND WINE (TYPE 20 ABC LIQUOR LICENSE) AT SANTA MARIA MEAT MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10:

2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A4429 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION:

2.M. ADOPTION OF A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:

2.N. AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07 TO FUND AGREEMENT WITH REYNOLDS SMITH & HILL, APPROVED BY THE CITY COUNCIL ON OCTOBER 4, 2006, MINUTE ORDER NO. 7923, FOR AVIATION CONSULTING SERVICES FOR A FIVE YEAR PERIOD IN THE AMOUNT OF $1,140,783:

2.O. STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER 2006:

2.P. MODIFICATION NO. 7 TO LAW ENFORCEMENT REIMBURSABLE AGREEMENT WITH TRANSPORTATION SECURITY ADMINISTRATION - TSA:

2.T. PURCHASE OF FIVE (5) NEW FORD VEHICLES FOR THE WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA-WEST, LLC:

2.U. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2005-06:

2.V. JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY:
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE PLANNING CENTER, ENCUMBRANCE REALLOCATION RELATING TO THE COMPREHENSIVE GENERAL PLAN UPDATE, AND AMENDING THE BUDGET FOR THE COMMUNITY REDEVELOPMENT AGENCY:

2.W. APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW:

EXCLUDED CONSENT CALENDAR:

2.C. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1705, ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2:

Motion to Waive further reading and adopt Ordinance No. 1705, "ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2." Moved by Councilmember Foat, seconded by Councilmember McCulloch.

Vote to Waive further reading and adopt Ordinance No. 1705, "ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2." (Approved)

Mayor Oden returned to the Council Chamber, 8:36 p.m.

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1706, ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.16.010, 2.16.020, AND 2.16.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

Motion to Waive further reading and adopt Ordinance No. 1706, "ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.16.010, 2.16.020, AND 2.16.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION." Moved by Councilmember Mills, seconded by Councilmember Foat.

Vote to Waive further reading and adopt Ordinance No. 1706, "ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.16.010, 2.16.020, AND 2.16.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION." (Approved)

Mayor Oden called for a brief recess at 8:44 p.m., and reconvened at 8:47 p.m.

2.G. FINAL MAP 31848-1 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, FOR 397 SINGLE FAMILY HOME LOTS, 1 MULTI-FAMILY RESIDENTIAL LOT, AND 22 OPEN SPACE LOTS, INCLUDING A GOLF COURSE, LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST:

Mayor Pro Tem Pougnet stated the project was approved by the City Council with a vote of 3-2, he and Councilmember Foat voted noe. Due to the abstention of Mills, he stated the final map and subdivision agreement may not be approved. He stated he does not know how Councilmember Foat will vote, but will vote for it because he feels that was the Council’s intent.

Motion to 1) Adopt Resolution No. 21778, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31848-1 FOR PROPERTY LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5393. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember McCulloch.

Vote to 1) Adopt Resolution No. 21778, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31848-1 FOR PROPERTY LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5393. (Approved)

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A5252 WITH SPEER CIVIL FOR PROFESSIONAL ENGINEERING SERVICES:

Mayor Pro Tem Pougnet requested detailed information regarding staff time and savings.

Motion to 1) Adopt Minute Order No. 7965, Approving Amendment No. 2 to Agreement No. A5252 with Speer Civil in the amount of $39,264 for a total contract amount not to exceed $113,264 for professional engineering staff services to assist the Department of Public Works & Engineering with the development and capital project workloads through June 30, 2007; and 2) Authorize the City Manager to execute all necessary documents. A5252. Moved by Councilmember Foat, seconded by Councilmember McCulloch.

Vote to 1) Adopt Minute Order No. 7965, Approving Amendment No. 2 to Agreement No. A5252 with Speer Civil in the amount of $39,264 for a total contract amount not to exceed $113,264 for professional engineering staff services to assist the Department of Public Works & Engineering with the development and capital project workloads through June 30, 2007; and 2) Authorize the City Manager to execute all necessary documents. A5252. (Approved)

2.I. AWARD OF CONTRACT FOR THE STP PAVEMENT REHABILITATION, CITY PROJECT 05-13, FEDERAL AID PROJECT NO. STPL 5282 (024):

Councilmember Foat voiced concerns relating to significant difference between the engineer’s estimate and the actual low bid received, requested additional information.

Motion to Adopt Minute Order No. 7966, Approving an agreement with Granite Construction Company, for Bid Schedules A and B, for the STP Pavement Rehabilitation, City Project 05-13, Federal Aid Project No. STPL 5282 (024) in the amount of $452,551.00; and 2) Authorize the City Manager to execute all necessary documents. A5394. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.

Vote to Adopt Minute Order No. 7966, Approving an agreement with Granite Construction Company, for Bid Schedules A and B, for the STP Pavement Rehabilitation, City Project 05-13, Federal Aid Project No. STPL 5282 (024) in the amount of $452,551.00; and 2) Authorize the City Manager to execute all necessary documents. A5394. (Approved)

2.K. CONTRACT SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC., FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENT, CITY PROJECT 06-03:

Councilmember Mills requested clarification regarding the proposed agreement, attached to the staff report.

Motion to 1) Adopt Minute Order No. 7968, Approving an agreement with David Evans and Associates, Inc. for the Gene Autry Trail Gateway Landscaping Improvement in the amount of $231,745, City Project 06-03; and 2) Authorize the City Manager to execute all necessary documents. A5395. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Foat.

Vote to 1) Adopt Minute Order No. 7968, Approving an agreement with David Evans and Associates, Inc. for the Gene Autry Trail Gateway Landscaping Improvement in the amount of $231,745, City Project 06-03; and 2) Authorize the City Manager to execute all necessary documents. A5395. (Approved)

2.L. AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES:

Councilmember Mills inquired why the Interstate 10 and Gateway corridor was not included.

Motion to 1) Adopt Minute Order No. 7969, Approving an agreement with Goodwill Industries of Southern California for roadside maintenance services in an estimated monthly amount of $6,509.27, not to exceed $78,111.20 per year for three years with two one-year extensions upon mutual consent of the Director of Public Works and Goodwill Industries; 2) Authorize the City Manager to execute all necessary documents. A5396. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Adopt Minute Order No. 7969, Approving an agreement with Goodwill Industries of Southern California for roadside maintenance services in an estimated monthly amount of $6,509.27, not to exceed $78,111.20 per year for three years with two one-year extensions upon mutual consent of the Director of Public Works and Goodwill Industries; 2) Authorize the City Manager to execute all necessary documents. A5396. (Approved)

2.Q. PURCHASE OF NEW AIRPORT BAGGAGE CART SYSTEM AND AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07:

Mayor Pro tem Pougnet requested clarification.

Councilmember Mills stated typically the information included in the staff report are amounts of all bids received and staff's estimate, and requested this information be provided in the future.

Motion to 1) Adopt Resolution No. 21781, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07;" 2) Adopt Minute Order No. 7971, Approving the purchase of a new airport passenger baggage cart system from Flight Services & Systems Inc., in the amount of $94,786.50; and 3) Authorize the City Manager to execute all necessary documents. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Adopt Resolution No. 21781, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07;" 2) Adopt Minute Order No. 7971, Approving the purchase of a new airport passenger baggage cart system from Flight Services & Systems Inc., in the amount of $94,786.50; and 3) Authorize the City Manager to execute all necessary documents. (Approved)

2.R. ACCEPT WITH REGRET THE RESIGNATION OF GUDRUN FRUEHLING FROM THE PUBLIC ARTS COMMISSION:

Councilmember Foat provided background on her appointment and her invaluable contributions to the Public Arts Commission, and inquired if she may be an ex-officio member. She added that if she were an ex-officio member she would be able to participate and provide her contributions to the Public Arts Commission and would not be a voting member.

Councilmember McCulloch requested clarification, stating that as a member of the public she would not be able to participate openly except during the public comment period.

Councilmember Mills stated he would not support this type of appointment, adding this would allow other Boards and Commissions to have ex-officio members.

Councilmember McCulloch requested the City Attorney provide the definition of residents with respect to qualifying to serve on a City Board or Commission.

Councilmember Pougnet inquired about the Ms. Fruehling's voter registration status.

Mayor Oden stated she has been an asset as a Commissioner and thanked her for her invaluable service to the City.

Motion to 1) Accept with regret the resignation of Gudrun Fruehling from the Public Arts Commission. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Accept with regret the resignation of Gudrun Fruehling from the Public Arts Commission. (Approved)

2.S. AMENDING THE LEASE AGREEMENT WITH THE COUNTY OF RIVERSIDE, CALIFORNIA, FOR REAL PROPERTY LOCATED AT 3111 EAST TAHQUITZ CANYON WAY, EXTENDING THE TERM OF THE LEASE TO DECEMBER 31, 2007:

Councilmember Foat requested an update on the City’s future plans relating to this property.

Motion to 1) Adopt Minute Order No. 7972, Approving Amendment No. 1 to a lease agreement with the County of Riverside, for real property located at 3111 East Tahquitz Canyon Way, occupied by Department of Health, extending the term of the lease to December 31, 2007; and 2) Authorize the City Manager to execute all necessary documents. A2389. Moved by Councilmember Foat, seconded by Councilmember McCulloch.

Vote to 1) Adopt Minute Order No. 7972, Approving Amendment No. 1 to a lease agreement with the County of Riverside, for real property located at 3111 East Tahquitz Canyon Way, occupied by Department of Health, extending the term of the lease to December 31, 2007; and 2) Authorize the City Manager to execute all necessary documents. A2389. (Approved)

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. AGREEMENT WITH FLUID IMAGES, INC. FOR VIDEO ADVERTISING IN THE AIRPORT PASSENGER TERMINAL:

Richard Walsh, Director of Aviation, presented the staff report dated December 6, 2006, and a visual presentation.

Mayor Pro Tem Pougnet requested additional information.

Councilmember Mills requested clarification on the proposed agreement attached to the staff report; and inquired about the screen sizes, screen locations, additional screens, questions the message being relayed to the travelers/visitors, and would like to ensure this will be intergrated effectively.

Mayor Oden suggested that prior to placement of the screen that it be presented to Council for input and review.

Councilmember Foat stated the City has a competent staff and suggested authorizing an agreement with Fluid Images, Inc.

City Manager Ready stated the Council's concerns will be addressed prior to the execution of the agreement; 1) Include in the agreement the percentage the City will receive in advertising, 2) Address the sensitivity of the placement of the screens; 3) Address the structural concerns; and 4) Will provide a report to Council.

Councilmember McCulloch stated if for any reason the Council is not satisfied with the agreement it may be cancelled with a 30-day notice.

Motion to 1) Adopt Minute Order No. 7975, Authorizing an agreement with Fluid Images, Inc. to provide specialized video advertising services in the Airport Terminal term ending December 31, 2009; and 2) Authorize the City Manager to execute all necessary documents. A5398. Moved by Councilmember McCulloch, seconded by Councilmember Foat.

Vote to 1) Adopt Minute Order No. 7975, Authorizing an agreement with Fluid Images, Inc. to provide specialized video advertising services in the Airport Terminal term ending December 31, 2009; and 2) Authorize the City Manager to execute all necessary documents. A5398. (Approved)

The meeting was continued after 10:00 p.m. by a unanimous vote of the City Council.

5.B. AIRPORT COURTYARD LANDSCAPING - HARBOR CONSTRUCTION CHANGE ORDER NO. 2 TO AGREEMENT NO. A5257:

Al Smoot, Aviation Consultant, presented the staff report dated December 6, 2006.

Motion to 1) Adopt Resolution No. 21784-B, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY CONSTRUCTION PROJECT ADMINISTRATOR TO FINALIZE NEGOTIATIONS WITH HARBOR CONSTRUCTION AND APPROVE CHANGE ORDER NO. 2 TO AGREEMENT NO. A5257 FOR DEMOLITION/SECURITY WALL/GRADING IMPROVEMENTS AT THE AIRPORT NEW HOLDROOM COURTYARD AND CONNECTOR WALKWAY IN AN AMOUNT NOT TO EXCEED $750,000, AND TO REPORT BACK TO THE CITY COUNCIL AT A REGULAR MEETING;” and 2) Authorize the City Manager and City Construction Project Administrator to execute all necessary documents. A5257 Moved by Councilmember Mills, seconded by Councilmember McCulloch.

Vote to 1) Adopt Resolution No. 21784-B, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY CONSTRUCTION PROJECT ADMINISTRATOR TO FINALIZE NEGOTIATIONS WITH HARBOR CONSTRUCTION AND APPROVE CHANGE ORDER NO. 2 TO AGREEMENT NO. A5257 FOR DEMOLITION/SECURITY WALL/GRADING IMPROVEMENTS AT THE AIRPORT NEW HOLDROOM COURTYARD AND CONNECTOR WALKWAY IN AN AMOUNT NOT TO EXCEED $750,000, AND TO REPORT BACK TO THE CITY COUNCIL AT A REGULAR MEETING;” and 2) Authorize the City Manager and City Construction Project Administrator to execute all necessary documents. A5257 (Approved)

COUNCILMEMBER COMMENTS AND REPORTS:

Mayor Pro Tem Pougnet inquired if the letter to the Registrar of Voters has been sent.

Councilmember Foat requested that the TRENO Neighborhood Association be afforded time for a presentation at the December 13th City Council Meeting.

Mayor Oden provided an overview of the recent activities of the Mayor's Office.

ADJOURNMENT: At 10:13 p.m. the City Council adjourned to a Joint Meeting with the Human Rights Commission, a Study Session, and an Adjourned Regular Meeting, Wednesday, December 13, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 5:00 p.m., in the Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

Dec 06, 2006 City Council Meeting

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CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the salute to the Flag.

INVOCATION: Rev. Devona Cox, Retired Religious Science Ministries led the invocation.

ROLL CALL:

Roll Call: 8 members present, 0 members absent, 0 members excused.

PRESENTATIONS:

Mayor and City Council presented a Certificate of Recognition to Cadet Michael Webb for achieving the Billy Mitchell Award.

Mayor and City Council presented a Certificate of Appreciation to members of the Civil Air Patrol, Squadron 11.

Drug Prevention Program Toy Run, Chris Copeland, and Fred Noble of Wintec.

ACCEPTANCE OF THE AGENDA:

Mayor Pro Tem Foat requested Items 2.I., 2.R., and 2.S. be removed from the Consent Calendar for separate discussion.

Councilmember Pougnet requested Items 2.G., 2.H., and 2.Q. be removed from the Consent Calendar for separate discussion.

Councilmember McCulloch requested Items 2.C. and 2.D. be removed from the Consent Calendar for separate discussion.

Vote to Approve The Agenda was approved with Items 2.C., 2.D., 2.G., 2.H., 2.I., 2.K., 2.L., 2.Q., 2.R., and 2.S. removed from the Consent Calendar for separate discussion. (Approved)

SPECIAL CITY COUNCIL ITEM: APPOINTMENT OF MAYOR PRO TEMPORE:

Motion to Appoint Steve Pougnet as Mayor Pro Tempore. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Appoint Steve Pougnet as Mayor Pro Tempore. (Approved)

Roll Call: 8 members present, 0 members absent, 0 members excused.

1. PUBLIC HEARINGS:

1.A. CONSIDERATION OF AN AMENDMENT TO THE ENVIRONMENTALLY SENSITIVE AREA-SPECIFIC PLAN (ESA-SP) ZONE (SECTION 92.21 ET SEQ): 1) USE OF COMPLETION BONDS FOR PROJECTS WITHIN THE ESA-SP ZONE; 2) ENFORCEMENT ACTIONS AGAINST UNAUTHORIZED WORK WITHIN THE ESA-SP ZONE; AND 3) TRANSFER OF DENSITY OUTSIDE THE ESA-SP ZONE:

Craig Ewing, Director of Planning Services, presented the staff report dated December 6, 2006.

Mayor Oden opened the Public Hearing.

FRANK GAYDOS, Palm Springs, spoke in support of the proposed ordinance amendment.

GREG DAY, Palm Springs, spoke in opposition to the proposed ordinance amendment.

No further speakers came forth; therefore, Mayor Oden closed the public hearing.

Councilmember McCulloch requested additional information regarding grading completion bonds/renaturalization security and the transfer of density.

Mayor Pro Tem Pougnet spoke regarding the density transfer.

Councilmember Mills commented on the transfer of density.

Councilmember Foat spoke in support of the item.

Mayor Oden thanked the community and staff for their diligent work on this ordinance.

1.B. RESOLUTION INCREASING THE FRINGE-TOED LIZARD HABITAT MITIGATION FEE:

Troy Butzlaff, Assistant City Manager - Administration, presented the staff report dated December 6, 2006.

Councilmember Mills inquired as to the length of the agreement and voiced concerns regarding as consumer price index a part of the agreement. (time frame)

Councilmember McCulloch inquired as to the amount of acreage/area.

Mayor Oden opened the Public Hearing.

Marvin Roos, a representative from MSA, provided background information regarding the fees.

No further speakers came forth; therefore, Mayor Oden closed the public hearing.

PUBLIC COMMENT:

WENDIE BUSIG-KOHN, Palm Springs, spoke regarding "Hate Free City".

RICK HUTCHESON, Palm Springs, spoke in support of the Cirque Dreams production.

PAULA AUBURN, Palm Springs, thanked the Mayor, Council and staff for their many services.

ROBERT SNEE, stated he has been a pastor in Palm Springs for four years and stated his availability to the community for assistance.

COUNCILMEMBER COMMENTS AND REQUESTS:

Mayor Oden reported on his trip to France.

CITY MANAGER’S REPORT:

City Manager Ready provided a visual presentation on the recent Code Enforcement activities within the City.

The City Council recessed at 7:35 p.m. and convened as the Community Redevelopment Agency.

COMMUNITY REDEVELOPMENT AGENCY

CONSENT CALENDAR:

RA1. APPROVAL OF MINUTES:

Motion to Approve the Community Redevelopment Agency Minutes of November 1, 2006. Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Foat.

Vote to Approve the Community Redevelopment Agency Minutes of November 1, 2006. (Approved)

Chair Oden called for a recess at 7:36 p.m., and reconvened at 7:49 p.m.

NEW BUSINESS:

RA2. APPROVAL OF A RESOLUTION SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT:

John Raymond, Director of Community & Economic Development, presented the staff report dated December 6, 2006.

Agency Member Mills spoke of the need for affordable senior housing, and voiced concerns on this specific project and the need for other projects.

Agency Member Foat commented the need to address housing in the City, and the need for including green buildings, and does not support the proposed.

Agency Member McCulloch requested clarification on the set aside funds, and the length of time of the funding commitment, and this is a good proposal and should not dismiss this opportunity.

Vice Chair Pougnet state the sub-committee should meet and ask if there is work staff has performed and the Agency has not been advised of the details.

Chair Oden commented the agency should not by-pass this opportunity for multi-family housing/apartments.

Agency Member Mills inquired if the monies may be saved and used at a later date, and stated the location for senior housing will be more costly, and the need for senior housing in the future.

Agency Member McCulloch asked for information regarding the gap.

Agency Member Foat asked if this project was presented to the Desert Highland Neighborhood Group.

Chair Oden spoke on the need for affordable housing for young residents as well as the seniors, and the agency should not by-pass this opportunity for affordable housing.

Agency Member Mills requested reconsidered of this item in the near future with additional information, and requested staff work with the subcommittee and developer work.

Agency Member Mills stated the neighborhood is supportive of the project.

Agency Member Foat requested a formal presentation be made to the neighborhood association.

Agency Member McCulloch requested information on the commitment and asked if there was a time line for the funds.

Vice Chair Pougnet stated there were questions to be addressed.

RA3. LEASE WITH JOHN WESSMAN DBA WESSMAN DEVELOPMENT COMPANY FOR A 20,000 SQUARE FOOT BUILDING LOCATED AT 101 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF ESTABLISHING A TEMPORARY "PALM SPRINGS VISION CENTER" IN THE BUILDING:

John Raymond, Director of Community & Economic Development, presented the staff report dated December 6, 2006.

Agency Member Pougnet voice support of the idea, and inquired about the subleases.

Agency Member Mills mentioned there is a lot of work to be done prior to the occupancy of the building, and stated his support.

Mayor Oden spoke in support of the proposed project, and voiced concerns regarding tourism and the Tribe.

The Community Redevelopment Agency adjourned at 8:33 P.M. and reconvened as the City Council.

Mayor Oden exited the Council Chamber briefly and Mayor Pro Tem Pougnet chaired the meeting during his absence, at 8:33 p.m.

2. CONSENT CALENDAR:

Motion to Approve Items 2.A., 2.B., 2.E., 2.F., 2.J., 2.M., 2.N., 2.O., 2.P., 2.T., 2.T., 2.U., 2.V., and 2.W. Moved by Councilmember Mills, seconded by Councilmember McCulloch.

Vote to Approve Items 2.A., 2.B., 2.E., 2.F., 2.J., 2.M., 2.N., 2.O., 2.P., 2.T., 2.T., 2.U., 2.V., and 2.W. (Approved)

2.A. REPORT ON POSTING OF THE AGENDA:

2.B. APPROVAL OF MINUTES:

2.E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

2.F. REQUEST BY DORE REYES FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1131 - PCN) IN ORDER TO SELL BEER AND WINE (TYPE 20 ABC LIQUOR LICENSE) AT SANTA MARIA MEAT MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10:

2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A4429 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION:

2.M. ADOPTION OF A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:

2.N. AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07 TO FUND AGREEMENT WITH REYNOLDS SMITH & HILL, APPROVED BY THE CITY COUNCIL ON OCTOBER 4, 2006, MINUTE ORDER NO. 7923, FOR AVIATION CONSULTING SERVICES FOR A FIVE YEAR PERIOD IN THE AMOUNT OF $1,140,783:

2.O. STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER 2006:

2.P. MODIFICATION NO. 7 TO LAW ENFORCEMENT REIMBURSABLE AGREEMENT WITH TRANSPORTATION SECURITY ADMINISTRATION - TSA:

2.T. PURCHASE OF FIVE (5) NEW FORD VEHICLES FOR THE WASTEWATER TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER NORTH AMERICA-WEST, LLC:

2.U. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2005-06:

2.V. JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY:
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE PLANNING CENTER, ENCUMBRANCE REALLOCATION RELATING TO THE COMPREHENSIVE GENERAL PLAN UPDATE, AND AMENDING THE BUDGET FOR THE COMMUNITY REDEVELOPMENT AGENCY:

2.W. APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW:

EXCLUDED CONSENT CALENDAR:

2.C. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1705, ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2:

Mayor Oden returned to the Council Chamber, 8:36 p.m.

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1706, ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.16.010, 2.16.020, AND 2.16.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

Mayor Oden called for a brief recess at 8:44 p.m., and reconvened at 8:47 p.m.

2.G. FINAL MAP 31848-1 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, FOR 397 SINGLE FAMILY HOME LOTS, 1 MULTI-FAMILY RESIDENTIAL LOT, AND 22 OPEN SPACE LOTS, INCLUDING A GOLF COURSE, LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST:

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A5252 WITH SPEER CIVIL FOR PROFESSIONAL ENGINEERING SERVICES:

Mayor Pro Tem Pougnet requested detailed information regarding staff time and savings.

2.I. AWARD OF CONTRACT FOR THE STP PAVEMENT REHABILITATION, CITY PROJECT 05-13, FEDERAL AID PROJECT NO. STPL 5282 (024):

Councilmember Foat voiced concerns relating to significant difference between the engineer’s estimate and the actual low bid received, requested additional information.

2.K. CONTRACT SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC., FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENT, CITY PROJECT 06-03:

Councilmember Mills requested clarification regarding the proposed agreement, attached to the staff report.

2.L. AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES:

Councilmember Mills inquired why the Interstate 10 and Gateway corridor was not included.

2.Q. PURCHASE OF NEW AIRPORT BAGGAGE CART SYSTEM AND AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07:

Mayor Pro tem Pougnet requested clarification.

Councilmember Mills stated typically the information included in the staff report are amounts of all bids received and staff's estimate, and requested this information be provided in the future.

2.R. ACCEPT WITH REGRET THE RESIGNATION OF GUDRUN FRUEHLING FROM THE PUBLIC ARTS COMMISSION:

Councilmember McCulloch requested clarification, stating that as a member of the public she would not be able to participate openly except during the public comment period.

Councilmember Mills stated he would not support this type of appointment, adding this would allow other Boards and Commissions to have ex-officio members.

Councilmember McCulloch requested the City Attorney provide the definition of residents with respect to qualifying to serve on a City Board or Commission.

Councilmember Pougnet inquired about the Ms. Fruehling's voter registration status.

Mayor Oden stated she has been an asset as a Commissioner and thanked her for her invaluable service to the City.

Motion to 1) Accept with regret the resignation of Gudrun Fruehling from the Public Arts Commission. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Accept with regret the resignation of Gudrun Fruehling from the Public Arts Commission. (Approved)

2.S. AMENDING THE LEASE AGREEMENT WITH THE COUNTY OF RIVERSIDE, CALIFORNIA, FOR REAL PROPERTY LOCATED AT 3111 EAST TAHQUITZ CANYON WAY, EXTENDING THE TERM OF THE LEASE TO DECEMBER 31, 2007:

Councilmember Foat requested an update on the City’s future plans relating to this property.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. AGREEMENT WITH FLUID IMAGES, INC. FOR VIDEO ADVERTISING IN THE AIRPORT PASSENGER TERMINAL:

Richard Walsh, Director of Aviation, presented the staff report dated December 6, 2006, and a visual presentation.

Mayor Pro Tem Pougnet requested additional information.

Mayor Oden suggested that prior to placement of the screen that it be presented to Council for input and review.

Councilmember Foat stated the City has a competent staff and suggested authorizing an agreement with Fluid Images, Inc.

Councilmember McCulloch stated if for any reason the Council is not satisfied with the agreement it may be cancelled with a 30-day notice.

The meeting was continued after 10:00 p.m. by a unanimous vote of the City Council.

5.B. AIRPORT COURTYARD LANDSCAPING - HARBOR CONSTRUCTION CHANGE ORDER NO. 2 TO AGREEMENT NO. A5257:

Al Smoot, Aviation Consultant, presented the staff report dated December 6, 2006.

COUNCILMEMBER COMMENTS AND REPORTS:

Mayor Pro Tem Pougnet inquired if the letter to the Registrar of Voters has been sent.

Councilmember Foat requested that the TRENO Neighborhood Association be afforded time for a presentation at the December 13th City Council Meeting.

Mayor Oden provided an overview of the recent activities of the Mayor's Office.

Dec 06, 2006 City Council Meeting

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