City Clerk Thompson stated staff has requested the City Council remove from consideration and table Consent Calendar Item 2.D., and recommends the City Council hear Public Hearing Items 1.C. and 1.D. concurrently.

Mayor Oden requested Items 2.E., 2.J., and 2.M. be removed from the Consent Calendar for separate discussion.

Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No. 1021267.

Motion to Accept the Agenda as amended. Moved by Mayor Pro Tem Pougnet, seconded by Mayor Oden.

Vote to Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT TO DEVELOP FIVE 1-MEGAWATT WIND ENERGY CONVERSION SYSTEMS (WECS) AND ASSOCIATED VARIANCE TO EXCEED THE 300 FOOT HEIGHT LIMIT, LOCATED APPROXIMATELY 6,000 FEET WEST OF INDIAN AVENUE, NORTH OF INTERSTATE 10, SOUTH OF DILLON ROAD AND EAST OF STATE HIGHWAY 62, CASE NO 5.1115:

Staff Report Item 1.A.

Motion to Free Form 1) Continue the Public Hearing to June 27, 2007, without receiving testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

Vote to 1) Continue the Public Hearing to June 27, 2007, without receiving testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

1.B. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF ONE-YEAR, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS:

Staff Report Item 1.B.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 20, 2007.

Councilmember Foat requested staff address the return of the same tenants should a building be demolished.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

TOM JOHNSTON, Palm Springs, stated his business is in the zone, that the City has done nothing in the last year, other businesses have opened without permits, and stated his opposition to the further extension of the ordinance.

MARTHA HIGGINS, requested the City Council make exceptions for the side streets such as Tahquitz Canyon to the ordinance, and allow for office uses at Plaza las Flores.

No further speakers coming forward, the public hearing was closed.

Mayor Pro Tem Pougnet requested staff address the land use for offices on the side streets.

Mayor Oden requested staff address the progress of the study.

Councilmember Mills commented on the 'office use' in the downtown area, and stated the City Council needs to make a commitment to ensure retail businesses downtown.

Councilmember McCulloch requested staff address the location of Tom Johnston’s business and the occupancy at that location, commented on the location near the Library, requested the City Council make an exception for the lateral move of a business within a property, and remove the side street prohibition for Tahquitz Canyon.

Mayor Pro Tem Pougnet stated he would prefer allowing a business use on Tahquitz Canyon.

Councilmember Foat stated she is in agreement for Tahquitz Canyon, but would not support a lateral move on Palm Canyon.

Mayor Oden commented on the retail uses in the downtown corridor, and requested staff address a sunset provision on Tahquitz Canyon.

Councilmember Mills commented on the temporary nature of the restrictions, and stated that Tahquitz Canyon should be the retail corridor from the downtown to the Convention Center.

Councilmember Foat requested staff address a timeline for a study.

Motion to 1) Waive reading of the Ordinance text and adopt by title only; and 2) Adopt Ordinance No. 1713, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF ONE-YEAR, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY’S ZONING CODE AND RELATED LAND USE REGULATIONS;" and 2) Direct staff to return with a study and final ordinance within six months, with the last three months for processing. Moved by Councilmember Mills, seconded by Mayor Oden.

Vote to 1) Waive reading of the Ordinance text and adopt by title only; and 2) Adopt Ordinance No. 1713, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF ONE-YEAR, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY’S ZONING CODE AND RELATED LAND USE REGULATIONS;" and 2) Direct staff to return with a study and final ordinance within six months, with the last three months for processing. (Approved)

The City Council heard Public Hearing Items 1.C. and 1.D. concurrently.

1.C. ANNEX CERTAIN TERRITORY (ANNEXATION NO. 3) INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):

Staff Report Item 1.C.

Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated June 20, 2007.

Mayor Oden opened the public hearing and the following speaker addressed the City Council.

ARLENE BATTISHILL, Palm Springs, commented on the uses and the misconceptions with the uses of CFD’s, and recommended the City consider re-conveyance fees.

No further speakers coming forward, the public hearing was closed.

City Clerk Thompson stated that a majority protest was not received for the proposed Annexation No. 3 to Community Facilities District No. 2005-01, all consent and waivers with respect to the election are on file, and the City Council may proceed by adopting the resolutions amending the boundaries and calling the election.

Motion to Free Form 1) Adopt Resolution No. 21934, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BOUNDARY MAP ADOPTED BY RESOLUTION NO. 21897, SHOWING THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES); AND SUBSTITUTING AMENDED BOUNDARY MAP FOR THE ORIGINAL ANNEXATION NO. 3 BOUNDARY MAP IN THE RESOLUTION OF INTENTION AND RESOLUTION NO. 21897." 2) Adopt Resolution No. 21935, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS." 3) Adopt Resolution No. 21936, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 3 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT."

Vote to 1) Adopt Resolution No. 21934, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BOUNDARY MAP ADOPTED BY RESOLUTION NO. 21897, SHOWING THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES); AND SUBSTITUTING AMENDED BOUNDARY MAP FOR THE ORIGINAL ANNEXATION NO. 3 BOUNDARY MAP IN THE RESOLUTION OF INTENTION AND RESOLUTION NO. 21897." 2) Adopt Resolution No. 21935, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS." 3) Adopt Resolution No. 21936, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 3 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT." (Approved)

City Clerk Thompson stated that pursuant to the adopted resolutions with respect to the election, the ballots were tabulated and the returns were canvassed. The results of the election and a Certification of Election Returns was executed indicating:

Annexation No. 3
Total Number of eligible votes: 12
Total Number of YES votes cast: 12
Total Number of NO votes cast: 0

Annexation No. 3 having received over 2/3rds vote the City Council may proceed with the Annexations by adopting the resolution certifying the results and introducing the ordinance.

Councilmember McCulloch commented on the use of Mello Roos taxes, and stated he is not in support of the Community Facilities District, as it is not within the spirit of the law.

Councilmember Foat requested staff address the possibility of a re-conveyance fee, and commented on the impact to the real estate market.

Councilmember Mills commented on the use of the tax, and the level of service as the City grows.

Mayor Oden commented on the level of the current and future demands of the City, and the level of service needed as the population grows.

Councilmember McCulloch commented on the need for the services, but stated this is not the proper mechanism to pay for the services.

Motion to 1) Adopt Resolution No. 21937 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3."

2) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1714, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3." Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Adopt Resolution No. 21937 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3."

2) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1714, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3." (Approved)

1.D. ANNEX CERTAIN TERRITORY (ANNEXATION NO. 4) INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):

Staff Report Item 1.D.

Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated June 20, 2007.

Mayor Oden opened the public hearing and the following speaker addressed the City Council.

ARLENE BATTISHELL, Palm Springs, commented on the uses and the misconceptions with the use of CFD’s, and recommended the City consider re-conveyance fees.

No further speakers coming forward, the public hearing was closed.

City Clerk Thompson stated that a majority protest was not received for the proposed Annexation No. 4 to Community Facilities District No. 2005-01, all consent and waivers with respect to the election are on file, and the City Council may proceed by adopting the resolutions amending the boundaries and calling the election.

Motion to 1) Adopt Resolution No. 21938, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS."

2) Adopt Resolution No. 21939, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 4 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 4 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT." Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

City Clerk Thompson stated that pursuant to the adopted resolutions with respect to the election, the ballots were tabulated and the returns were canvassed. The results of the election and a Certification of Election Returns was executed indicating:

Annexation No. 4
Total Number of Eligible Votes: 41
Total Number of YES votes cast: 39
Total Number of NO votes cast: 1

Annexation No. 4 having received over 2/3rds vote the City Council may proceed with the Annexations by adopting the resolution certifying the results and introducing the ordinance.

Motion to 1) Adopt Resolution No. 21940 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4."

2) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1715, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4." Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

Vote to 1) Adopt Resolution No. 21940 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4."

2) Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. 1715, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4." (Approved)

1.E. THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES MOBILEHOME PARK TENTATIVE TRACT MAP 34627, FOR THE CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILEHOME PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP ON AN APPROXIMATE 25.9-ACRE PARCEL, LOCATED AT 6300 BOLERO DRIVE:

Staff Report Item 1.E.

Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated June 20, 2007.

Councilmember McCulloch requested staff address the Applicant request to continue the Item.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

JON RODRIGUE, Representing Applicant, requested a continuance to work with the residence group on infrastructure and a moderate income program, provided background information and incorporated information provided to the City Council as a part of the public hearing, and addressed the concerns of the residences.

Mayor Oden requested the Applicant address the timing of a continued public hearing.

Councilmember Foat requested the Applicant address how the residents could support the conversion without knowing the price.

Councilmember Pougnet commented on the request for continuance on the basis of the development of a moderate income impact program.

JUDY FARRELL, Palm Springs, stated there are no benefits for the homeowners, and in opposition of the conversion.

PATTI SHALLIES, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

HAROLD BAUMEA, Palm Springs, commented on issues of jurisdiction, access and emergency access, and in opposition to the conversion.

JAMIE MURO, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

ERMA ORSINO, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

ROBERT WALSH, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

GORDEN DODDS, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

VESTA RUTH, Palm Springs, read a letter from a resident in opposition to the conversion of the park to resident ownership.

DICK MATHEWS, Palm Springs, commented on the deficiencies on the application and title, spoke in opposition to the conversion of the park to resident ownership.

KRISTEN DOBIS, Palm Springs, commented on the relationship of the residents to the Loftin Group, spoke in opposition to the conversion of the park to resident ownership.

CAL HACKLER, President Palm Springs View Estates, commented on the financial impact to residents and rent control, spoke in opposition to the conversion of the park to resident ownership.

ARLENE BATTISHILL, commented on the jurisdiction of the wash parcel and road, spoke in opposition to the conversion of the park to resident ownership.

JEAN STEPHENS, commented on the recent improvements at the park, spoke in opposition to the conversion of the park to resident ownership.

BOB SLAGLE, Palm Springs, commented on jurisdiction issues, road and utility easements, spoke in opposition to the conversion of the park to resident ownership.

JOHN EMINGER, commented on the homeowners association, reserves, spoke in opposition to the conversion of the park to resident ownership.

JACKIE EMINGER, commented on disclosure, and spoke in opposition to the conversion.

WENDIE BUSIG-KOHN, requested the City Council not displace people.

JOHN RODRIGUE, Rebuttal, requested the City Council review the written materials that address the concerns of the residents.

No further speakers coming forward, the public hearing was closed.

Mayor Oden commented on the previous discussion with El Dorado Park, the impacts to the residents and the moderate income program, commented on the tenant impact report, the review by the Planning Commission, and requested the Applicant review several issues of the application.

Councilmember McCulloch requested the City Attorney address the action that is being taken by the City Council and the disclosure of materials that were presented after the application was filed.

Councilmember Mills requested the City Attorney address if the City can deny a map for public safety issues and how it relates to a Mobile Home Park, requested staff address the condition with respect to a 10-year program for rent control.

Motion to Free Form Adopt Resolution No. 21941 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILEHOME PARK TO A RESIDENT-OWNED CONDOMINIUM PARK LOCATED AT 6300 BOLERO DRIVE ON PROPERTY ZONED R-MHP (MOBILEHOME PARK) SECTION 29."

Vote to Adopt Resolution No. 21941 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILEHOME PARK TO A RESIDENT-OWNED CONDOMINIUM PARK LOCATED AT 6300 BOLERO DRIVE ON PROPERTY ZONED R-MHP (MOBILEHOME PARK) SECTION 29." (Approved)

The City Council recessed at 8:33 P.M.

The City Council reconvened at 8:46 P.M.

1.F. CASE NO. 5.1152 THE 2007 COMPREHENSIVE UPDATE OF THE PALM SPRINGS GENERAL PLAN:

Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated June 20, 2007.

Councilmember Foat requested staff address the tracked changes version of the General Plan.

Councilmember Mills requested staff address if staff is recommending the changes in the tracked changes edition, and requested a larger copy of the maps.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

FRED NOBLE, Palm Springs, commented on the areas North of I10, and requested this area be for industrial and energy uses.

TAMSEN PLUME, stated staff has addressed her concerns.

ED FREEMAN, Palm Springs, stated the changes in Chapter 2 regarding the Chino Cone Area No. 4, need further work, and he is looking for additional changes in that respective area.

ED TORRES, read a statement by the Palm Springs Economic Development Corporation which requests further comment, and to keep the previous decisions for the Chino Cone.

ROXANN PLOSS, Palm Springs, commented on concerns for the plan for the Chino Cone, stated an opportunity is being missed for a "green" city and a conservation element.

MICHAEL PERONI, Stantec Consulting, expressed his concern with the Palm Hills area of the General Plan.

JONO HILDNER, Save our Mountains, expressed his concerns on Chino Cone and Palm Hills planning areas.

FRED BELL, expressed his concerns with the planning area for the Chino Cone, and that the City Council continues to move slowly through the process.

MARVIN ROOS, requested modifications to the proposed General plan in the Chino Cone planning area.

VIC GAINER, Palm Hills, stated his opposition to a Palm Hills project, and urged the City Council to review the information as presented on the Chino Cone without any further changes.

Councilmember McCulloch requested staff address the tracked changes edition for the Chino Cone area, and commented on the time frame to adopt the General Plan, perhaps after the summer recess.

Mayor Pro Tem Pougnet commented on the request by Pacific Hospitality Group, and the Racquet Club and Tramway connector, and stated the plan is weak with respect to conservation within the plan.

Councilmember Foat commented on the time frame to adopted a new plan, and stated the City Council should not consider a plan before the summer recess.

Councilmember Mills commented on items in the proposed general plan with respect to either incorporate specific policy or eliminate the language, and it should not be a task or to-do list.

Mayor Oden stated the "action" items should be on a different list or document.

Councilmember Foat requested staff address a cut off date to take action.

Councilmember Mills requested staff coordinate with Mr. Peroni with Statec for changes in the Palm Hills area.

Motion to Free Form 1) Continue the public hearing to June 27, 2007; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

Vote to 1) Continue the public hearing to June 27, 2007; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

PUBLIC COMMENT:

VIC GAINER, Well in the Desert, requested the City Council approve Item 2.M. refunding fees for the CUP application.

WILLIE HOLLAND, SR., commented on the program at the Well in the Desert, and requested the City Council refund the application fees.

DAVID BRINKMAN, requested the City Council approve Item RA2., the implementation agreement with Vista Sunrise Apartments.

ACTION: Continue past the 10:00 PM tentative adjournment time. Motion Mayor Pro Tem Pougnet, seconded by Councilmember Mills and unanimously carried.

COUNCILMEMBER COMMENTS AND REQUESTS:

CITY MANAGER'S REPORT:

2. CONSENT CALENDAR:

Mayor Oden commented on Item 2.J., then requested it be returned to the Consent Calendar for approval.

Motion to Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., and 2.N. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

Vote to Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., and 2.N. (Approved)

2.A. REPORT ON POSTING OF THE AGENDA:

2.B. APPROVAL OF MINUTES:

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

2.F. ADOPTION OF THE CITY'S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS PURSUANT TO GOVERNMENT CODE SECTION 54646(a):

2.G. APPROVE FINAL MAP 34933 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH FIVE STAR PROPERTY DEVELOPMENT, LLC, FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 720 AND 750 SOUTH CALLE PALO FIERRO, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST:

2.H. AMENDMENT NO. 12 TO AGREEMENT NO. A4382 WITH GENSLER ARCHITECTURAL SERVICES FOR ADDITIONAL SERVICES RELATING TO THE MAIN COURTYARD AND THE CHECKPOINT AREA:

2.I. CONSTRUCTION ADMINISTRATION PARAMETERS FOR THE CITY'S OWNER REPRESENTATIVE AND EXPANDED CHANGE ORDER AUTHORITY FOR THE CITY MANAGER ON CONSTRUCTION PROJECTS:

2.J. PROPOSED AGREEMENT WITH THE CITY OF CATHEDRAL CITY FOR USE AND TO BOOK PRISONERS IN THE PALM SPRINGS JAIL:

2.K. RESIGNATION FROM THE PUBLIC ARTS COMMISSION:

2.L. APPROVAL OF AN AMENDED AND RESTATED LEASE AGREEMENT WITH THE PALM CANYON THEATRE, INC., AND APPROVAL OF A PALM CANYON THEATRE USE AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL AND THE PALM SPRINGS INTERNATIONAL FILM SOCIETY:

2.N. AMENDMENT TO THE AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES TO ADD PARKS LANDSCAPE MAINTENANCE SERVICES TO THE EXISTING CONTRACT:

EXCLUDED CONSENT CALENDAR:

2.D. APPROVAL OF PARCEL MAP 33989 FOR 3 SINGLE FAMILY HOMES LOCATED AT 560 AND 588 SEPULVEDA ROAD, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST:

2.E. PROPOSAL BY THE PUBLIC ARTS COMMISSION TO RELOCATE ARTWORK BY JEAN CLAUDE FARHI MACHINE AGE AND LE COMPAS DE VULCAN TO KIRK DOUGLAS WAY:

Councilmember Foat requested staff address the decision of the Art Commission to move the pieces.

Mayor Oden stated these pieces were put at that location to maximize the approach to the Airport, and commented on the policy changes of moving the pieces.

Councilmember Mills commented on the entrance to the Airport, and his preference to the location of Vista Chino and Farrell, and would not be in support.

Motion to Deny the request for relocation of the artwork to location specified. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

Vote to Deny the request for relocation of the artwork to location specified. (Approved)

2.M REQUEST FROM THE WELL IN THE DESERT FOR THE REFUND OF FEES FOR THE CONDITIONAL USE PERMIT APPLICATION TO OPERATE A FOOD DISTRIBUTION FACILITY LOCATED AT 202 WEST SAN RAFAEL DRIVE, CASE NO. 5.1157:

The City Council discussed the refund, waiver, or other funding mechanisms.

Motion to Direct staff to fund a contribution from the City Council discretionary funds to provide funding to the Well in the Desert in the amount of $2,626.50. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.

Vote to Direct staff to fund a contribution from the City Council discretionary funds to provide funding to the Well in the Desert in the amount of $2,626.50. (Approved)

The City Council continued as a Joint Meeting with the City of Palm Springs Financing Authority at 10:23 P.M.

FA1. APPROVING THE ISSUANCE AND SALE OF 2007 REFUNDING LEASE REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS) IN AN AMOUNT NOT TO EXCEED $24,000,000 AND APPROVAL OF FINANCING DOCUMENTS SITES AND FACILITIES LEASE, LEASE AGREEMENT, 1996 CERTIFICATES ESCROW DEPOSIT AND TRUST AGREEMENT, 1998 CERTIFICATES ESCROW DEPOSIT AND TRUST AGREEMENT AND APPOINTING THE FINANCIAL ADVISOR, BOND COUNSEL AND DISCLOSURE COUNSEL AND RELATED ACTIONS AND DOCUMENTS:

Craig Graves, Director of Finance, provided background information as outlined in the staff report dated June 20, 2007.

Motion to Free Form ACTION: CITY COUNCIL 1) Adopt Resolution No. 21951, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING DOCUMENTS AND ACTIONS RELATING TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY 2007 REFUNDING LEASE REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS);" FINANCING AUTHORITY 2) Adopt Resolution No. 34, "A RESOLUTION OF THE PALM SPRINGS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF 2007 REFUNDING LEASE REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS) AND APPROVING RELATED DOCUMENTS AND ACTIONS;" and 3) Authorize the City Manager and Director of Finance and Treasurer to execute all necessary documents. Trust Indenture A5499. Assignment Agreement A5500. Sites and Facilities Lease A5501. Lease Agreement A5502. 1996 Certificates Escrow Deposit and Trust Agreement A5503. 1998 Certificates Escrow Deposit and Trust Agreement A5504. Continuing Disclosure Agreement A5505. Bond Purchase Agreement A5506.

Vote to ACTION: CITY COUNCIL 1) Adopt Resolution No. 21951, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING DOCUMENTS AND ACTIONS RELATING TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY 2007 REFUNDING LEASE REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS);" FINANCING AUTHORITY 2) Adopt Resolution No. 34, "A RESOLUTION OF THE PALM SPRINGS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF 2007 REFUNDING LEASE REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS) AND APPROVING RELATED DOCUMENTS AND ACTIONS;" and 3) Authorize the City Manager and Director of Finance and Treasurer to execute all necessary documents. Trust Indenture A5499. Assignment Agreement A5500. Sites and Facilities Lease A5501. Lease Agreement A5502. 1996 Certificates Escrow Deposit and Trust Agreement A5503. 1998 Certificates Escrow Deposit and Trust Agreement A5504. Continuing Disclosure Agreement A5505. Bond Purchase Agreement A5506. (Approved)

The Financing Authority adjourned at 10:31 P.M., and the City Council recessed as the City of Palm Springs Community Redevelopment Agency.

RA1. AWARD CONTRACT FOR THE VISTA CHINO (STATE HIGHWAY 111) AND SUNRISE WAY STREET IMPROVEMENTS, CITY PROJECT NO. 06-06:

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 7, 2007.

Motion to Free Form Adopt Resolution No. 1329, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH DATELAND CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $344,044.50, FOR THE VISTA CHINO (STATE HIGHWAY 111) AND SUNRISE WAY STREET IMPROVEMENTS, CITY PROJECT NO. 06-06." A0517C.

Vote to Adopt Resolution No. 1329, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH DATELAND CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $344,044.50, FOR THE VISTA CHINO (STATE HIGHWAY 111) AND SUNRISE WAY STREET IMPROVEMENTS, CITY PROJECT NO. 06-06." A0517C. (Approved)

RA2. AMENDMENT NO. 2 TO THE IMPLEMENTATION AGREEMENT WITH VISTA SUNRISE APARTMENTS LP, TO ALLOW $55,000. OF THE PUBLIC IMPROVEMENT HOLDBACK TO BE USED TO INCREASE AND ENHANCE THE MECHANICAL SCREENING AND LANDSCAPING ALONG THE VISTA CHINO ROAD (STATE HIGHWAY 111) FRONTAGE:

Staff Report Item RA2.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 7, 2007.

The City Council discussed and/or commented on safety issues, screening of air conditioning units, landscaping plan, funding, and the responsible party for funding.

ACTION: Direct staff to review other solutions and alternatives for the fencing. By consensus of the City Council.

The City of Palm Springs Community Redevelopment Agency adjourned at 10:57 P.M., and the City Council continued.

3. LEGISLATIVE:

4. UNFINISHED BUSINESS:

5. NEW BUSINESS:

5.A. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION AS PART OF THE 2007 ANNUAL RECRUITMENT OF COMMISSIONS AND BOARDS:

Motion to 1) Reappoint Keith McCormick and appoint Elizabeth Gobble and Steve Sims to the Parks and Recreation Commission for terms ending June 30, 2010, and 2) Direct the City Clerk to continue the recruitment for one-member for the unexpired term ending June 30, 2009. Moved by Mayor Oden, seconded by Councilmember Foat.

Vote to 1) Reappoint Keith McCormick and appoint Elizabeth Gobble and Steve Sims to the Parks and Recreation Commission for terms ending June 30, 2010, and 2) Direct the City Clerk to continue the recruitment for one-member for the unexpired term ending June 30, 2009. (Approved)

COUNCILMEMBER COMMENTS AND REPORTS:

Mayor Pro Tem Pougnet requested the City Manager provide further information on certain organizations who requested funds during the budget process, and had not submitted proposals.

ADJOURNMENT:

Jun 20, 2007 City Council Meeting

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CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION:

Roll Call: 6 members present, 0 members absent, 0 members excused.

PRESENTATIONS:

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

Mayor Oden requested Items 2.E., 2.J., and 2.M. be removed from the Consent Calendar for separate discussion.

Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No. 1021267.

Motion to Accept the Agenda as amended. Moved by Mayor Pro Tem Pougnet, seconded by Mayor Oden.

Vote to Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT TO DEVELOP FIVE 1-MEGAWATT WIND ENERGY CONVERSION SYSTEMS (WECS) AND ASSOCIATED VARIANCE TO EXCEED THE 300 FOOT HEIGHT LIMIT, LOCATED APPROXIMATELY 6,000 FEET WEST OF INDIAN AVENUE, NORTH OF INTERSTATE 10, SOUTH OF DILLON ROAD AND EAST OF STATE HIGHWAY 62, CASE NO 5.1115:

Staff Report Item 1.A.

Motion to Free Form 1) Continue the Public Hearing to June 27, 2007, without receiving testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

Vote to 1) Continue the Public Hearing to June 27, 2007, without receiving testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

1.B. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF ONE-YEAR, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS:

Staff Report Item 1.B.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated June 20, 2007.

Councilmember Foat requested staff address the return of the same tenants should a building be demolished.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

MARTHA HIGGINS, requested the City Council make exceptions for the side streets such as Tahquitz Canyon to the ordinance, and allow for office uses at Plaza las Flores.

No further speakers coming forward, the public hearing was closed.

Mayor Pro Tem Pougnet requested staff address the land use for offices on the side streets.

Mayor Oden requested staff address the progress of the study.

Councilmember Mills commented on the 'office use' in the downtown area, and stated the City Council needs to make a commitment to ensure retail businesses downtown.

Mayor Pro Tem Pougnet stated he would prefer allowing a business use on Tahquitz Canyon.

Councilmember Foat stated she is in agreement for Tahquitz Canyon, but would not support a lateral move on Palm Canyon.

Mayor Oden commented on the retail uses in the downtown corridor, and requested staff address a sunset provision on Tahquitz Canyon.

Councilmember Mills commented on the temporary nature of the restrictions, and stated that Tahquitz Canyon should be the retail corridor from the downtown to the Convention Center.

Councilmember Foat requested staff address a timeline for a study.

The City Council heard Public Hearing Items 1.C. and 1.D. concurrently.

1.C. ANNEX CERTAIN TERRITORY (ANNEXATION NO. 3) INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):

Staff Report Item 1.C.

Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated June 20, 2007.

Mayor Oden opened the public hearing and the following speaker addressed the City Council.

ARLENE BATTISHILL, Palm Springs, commented on the uses and the misconceptions with the uses of CFD’s, and recommended the City consider re-conveyance fees.

No further speakers coming forward, the public hearing was closed.

Councilmember McCulloch commented on the use of Mello Roos taxes, and stated he is not in support of the Community Facilities District, as it is not within the spirit of the law.

Councilmember Foat requested staff address the possibility of a re-conveyance fee, and commented on the impact to the real estate market.

Councilmember Mills commented on the use of the tax, and the level of service as the City grows.

Mayor Oden commented on the level of the current and future demands of the City, and the level of service needed as the population grows.

Councilmember McCulloch commented on the need for the services, but stated this is not the proper mechanism to pay for the services.

1.D. ANNEX CERTAIN TERRITORY (ANNEXATION NO. 4) INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):

Staff Report Item 1.D.

City Clerk Thompson stated that pursuant to the adopted resolutions with respect to the election, the ballots were tabulated and the returns were canvassed. The results of the election and a Certification of Election Returns was executed indicating:

Annexation No. 4
Total Number of Eligible Votes: 41
Total Number of YES votes cast: 39
Total Number of NO votes cast: 1

Annexation No. 4 having received over 2/3rds vote the City Council may proceed with the Annexations by adopting the resolution certifying the results and introducing the ordinance.

1.E. THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES MOBILEHOME PARK TENTATIVE TRACT MAP 34627, FOR THE CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILEHOME PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP ON AN APPROXIMATE 25.9-ACRE PARCEL, LOCATED AT 6300 BOLERO DRIVE:

Staff Report Item 1.E.

Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated June 20, 2007.

Councilmember McCulloch requested staff address the Applicant request to continue the Item.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

Mayor Oden requested the Applicant address the timing of a continued public hearing.

Councilmember Foat requested the Applicant address how the residents could support the conversion without knowing the price.

Councilmember Pougnet commented on the request for continuance on the basis of the development of a moderate income impact program.

JUDY FARRELL, Palm Springs, stated there are no benefits for the homeowners, and in opposition of the conversion.

PATTI SHALLIES, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

HAROLD BAUMEA, Palm Springs, commented on issues of jurisdiction, access and emergency access, and in opposition to the conversion.

JAMIE MURO, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

ERMA ORSINO, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

ROBERT WALSH, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

GORDEN DODDS, Palm Springs, spoke in opposition to the conversion of the park to resident ownership.

VESTA RUTH, Palm Springs, read a letter from a resident in opposition to the conversion of the park to resident ownership.

DICK MATHEWS, Palm Springs, commented on the deficiencies on the application and title, spoke in opposition to the conversion of the park to resident ownership.

KRISTEN DOBIS, Palm Springs, commented on the relationship of the residents to the Loftin Group, spoke in opposition to the conversion of the park to resident ownership.

CAL HACKLER, President Palm Springs View Estates, commented on the financial impact to residents and rent control, spoke in opposition to the conversion of the park to resident ownership.

ARLENE BATTISHILL, commented on the jurisdiction of the wash parcel and road, spoke in opposition to the conversion of the park to resident ownership.

JEAN STEPHENS, commented on the recent improvements at the park, spoke in opposition to the conversion of the park to resident ownership.

BOB SLAGLE, Palm Springs, commented on jurisdiction issues, road and utility easements, spoke in opposition to the conversion of the park to resident ownership.

JOHN EMINGER, commented on the homeowners association, reserves, spoke in opposition to the conversion of the park to resident ownership.

JACKIE EMINGER, commented on disclosure, and spoke in opposition to the conversion.

WENDIE BUSIG-KOHN, requested the City Council not displace people.

JOHN RODRIGUE, Rebuttal, requested the City Council review the written materials that address the concerns of the residents.

No further speakers coming forward, the public hearing was closed.

Councilmember McCulloch requested the City Attorney address the action that is being taken by the City Council and the disclosure of materials that were presented after the application was filed.

The City Council recessed at 8:33 P.M.

The City Council reconvened at 8:46 P.M.

1.F. CASE NO. 5.1152 THE 2007 COMPREHENSIVE UPDATE OF THE PALM SPRINGS GENERAL PLAN:

Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated June 20, 2007.

Councilmember Foat requested staff address the tracked changes version of the General Plan.

Councilmember Mills requested staff address if staff is recommending the changes in the tracked changes edition, and requested a larger copy of the maps.

Mayor Oden opened the public hearing, and the following speakers addressed the City Council.

FRED NOBLE, Palm Springs, commented on the areas North of I10, and requested this area be for industrial and energy uses.

TAMSEN PLUME, stated staff has addressed her concerns.

ED FREEMAN, Palm Springs, stated the changes in Chapter 2 regarding the Chino Cone Area No. 4, need further work, and he is looking for additional changes in that respective area.

ED TORRES, read a statement by the Palm Springs Economic Development Corporation which requests further comment, and to keep the previous decisions for the Chino Cone.

ROXANN PLOSS, Palm Springs, commented on concerns for the plan for the Chino Cone, stated an opportunity is being missed for a "green" city and a conservation element.

MICHAEL PERONI, Stantec Consulting, expressed his concern with the Palm Hills area of the General Plan.

JONO HILDNER, Save our Mountains, expressed his concerns on Chino Cone and Palm Hills planning areas.

FRED BELL, expressed his concerns with the planning area for the Chino Cone, and that the City Council continues to move slowly through the process.

MARVIN ROOS, requested modifications to the proposed General plan in the Chino Cone planning area.

VIC GAINER, Palm Hills, stated his opposition to a Palm Hills project, and urged the City Council to review the information as presented on the Chino Cone without any further changes.

Councilmember McCulloch requested staff address the tracked changes edition for the Chino Cone area, and commented on the time frame to adopt the General Plan, perhaps after the summer recess.

Mayor Pro Tem Pougnet commented on the request by Pacific Hospitality Group, and the Racquet Club and Tramway connector, and stated the plan is weak with respect to conservation within the plan.

Councilmember Foat commented on the time frame to adopted a new plan, and stated the City Council should not consider a plan before the summer recess.

Councilmember Mills commented on items in the proposed general plan with respect to either incorporate specific policy or eliminate the language, and it should not be a task or to-do list.

Mayor Oden stated the "action" items should be on a different list or document.

Councilmember Foat requested staff address a cut off date to take action.

Councilmember Mills requested staff coordinate with Mr. Peroni with Statec for changes in the Palm Hills area.

Motion to Free Form 1) Continue the public hearing to June 27, 2007; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

Vote to 1) Continue the public hearing to June 27, 2007; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

PUBLIC COMMENT:

VIC GAINER, Well in the Desert, requested the City Council approve Item 2.M. refunding fees for the CUP application.

WILLIE HOLLAND, SR., commented on the program at the Well in the Desert, and requested the City Council refund the application fees.

DAVID BRINKMAN, requested the City Council approve Item RA2., the implementation agreement with Vista Sunrise Apartments.

ACTION: Continue past the 10:00 PM tentative adjournment time. Motion Mayor Pro Tem Pougnet, seconded by Councilmember Mills and unanimously carried.

COUNCILMEMBER COMMENTS AND REQUESTS:

CITY MANAGER'S REPORT:

2. CONSENT CALENDAR:

Mayor Oden commented on Item 2.J., then requested it be returned to the Consent Calendar for approval.

Motion to Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., and 2.N. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

Vote to Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., and 2.N. (Approved)

2.A. REPORT ON POSTING OF THE AGENDA:

2.B. APPROVAL OF MINUTES:

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

2.F. ADOPTION OF THE CITY'S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS PURSUANT TO GOVERNMENT CODE SECTION 54646(a):

2.G. APPROVE FINAL MAP 34933 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH FIVE STAR PROPERTY DEVELOPMENT, LLC, FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 720 AND 750 SOUTH CALLE PALO FIERRO, SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST:

2.H. AMENDMENT NO. 12 TO AGREEMENT NO. A4382 WITH GENSLER ARCHITECTURAL SERVICES FOR ADDITIONAL SERVICES RELATING TO THE MAIN COURTYARD AND THE CHECKPOINT AREA:

2.I. CONSTRUCTION ADMINISTRATION PARAMETERS FOR THE CITY'S OWNER REPRESENTATIVE AND EXPANDED CHANGE ORDER AUTHORITY FOR THE CITY MANAGER ON CONSTRUCTION PROJECTS:

2.J. PROPOSED AGREEMENT WITH THE CITY OF CATHEDRAL CITY FOR USE AND TO BOOK PRISONERS IN THE PALM SPRINGS JAIL:

2.K. RESIGNATION FROM THE PUBLIC ARTS COMMISSION:

2.L. APPROVAL OF AN AMENDED AND RESTATED LEASE AGREEMENT WITH THE PALM CANYON THEATRE, INC., AND APPROVAL OF A PALM CANYON THEATRE USE AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL AND THE PALM SPRINGS INTERNATIONAL FILM SOCIETY:

2.N. AMENDMENT TO THE AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES TO ADD PARKS LANDSCAPE MAINTENANCE SERVICES TO THE EXISTING CONTRACT:

EXCLUDED CONSENT CALENDAR:

2.D. APPROVAL OF PARCEL MAP 33989 FOR 3 SINGLE FAMILY HOMES LOCATED AT 560 AND 588 SEPULVEDA ROAD, SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST:

2.E. PROPOSAL BY THE PUBLIC ARTS COMMISSION TO RELOCATE ARTWORK BY JEAN CLAUDE FARHI MACHINE AGE AND LE COMPAS DE VULCAN TO KIRK DOUGLAS WAY:

Councilmember Foat requested staff address the decision of the Art Commission to move the pieces.

Mayor Oden stated these pieces were put at that location to maximize the approach to the Airport, and commented on the policy changes of moving the pieces.

Councilmember Mills commented on the entrance to the Airport, and his preference to the location of Vista Chino and Farrell, and would not be in support.

Motion to Deny the request for relocation of the artwork to location specified. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.

Vote to Deny the request for relocation of the artwork to location specified. (Approved)

2.M REQUEST FROM THE WELL IN THE DESERT FOR THE REFUND OF FEES FOR THE CONDITIONAL USE PERMIT APPLICATION TO OPERATE A FOOD DISTRIBUTION FACILITY LOCATED AT 202 WEST SAN RAFAEL DRIVE, CASE NO. 5.1157:

The City Council discussed the refund, waiver, or other funding mechanisms.

Vote to Direct staff to fund a contribution from the City Council discretionary funds to provide funding to the Well in the Desert in the amount of $2,626.50. (Approved)

The City Council continued as a Joint Meeting with the City of Palm Springs Financing Authority at 10:23 P.M.

FA1. APPROVING THE ISSUANCE AND SALE OF 2007 REFUNDING LEASE REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS) IN AN AMOUNT NOT TO EXCEED $24,000,000 AND APPROVAL OF FINANCING DOCUMENTS SITES AND FACILITIES LEASE, LEASE AGREEMENT, 1996 CERTIFICATES ESCROW DEPOSIT AND TRUST AGREEMENT, 1998 CERTIFICATES ESCROW DEPOSIT AND TRUST AGREEMENT AND APPOINTING THE FINANCIAL ADVISOR, BOND COUNSEL AND DISCLOSURE COUNSEL AND RELATED ACTIONS AND DOCUMENTS:

Craig Graves, Director of Finance, provided background information as outlined in the staff report dated June 20, 2007.

The Financing Authority adjourned at 10:31 P.M., and the City Council recessed as the City of Palm Springs Community Redevelopment Agency.

RA1. AWARD CONTRACT FOR THE VISTA CHINO (STATE HIGHWAY 111) AND SUNRISE WAY STREET IMPROVEMENTS, CITY PROJECT NO. 06-06:

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 7, 2007.

RA2. AMENDMENT NO. 2 TO THE IMPLEMENTATION AGREEMENT WITH VISTA SUNRISE APARTMENTS LP, TO ALLOW $55,000. OF THE PUBLIC IMPROVEMENT HOLDBACK TO BE USED TO INCREASE AND ENHANCE THE MECHANICAL SCREENING AND LANDSCAPING ALONG THE VISTA CHINO ROAD (STATE HIGHWAY 111) FRONTAGE:

Staff Report Item RA2.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated June 7, 2007.

The City Council discussed and/or commented on safety issues, screening of air conditioning units, landscaping plan, funding, and the responsible party for funding.

ACTION: Direct staff to review other solutions and alternatives for the fencing. By consensus of the City Council.

The City of Palm Springs Community Redevelopment Agency adjourned at 10:57 P.M., and the City Council continued.

3. LEGISLATIVE:

4. UNFINISHED BUSINESS:

5. NEW BUSINESS:

5.A. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION AS PART OF THE 2007 ANNUAL RECRUITMENT OF COMMISSIONS AND BOARDS:

COUNCILMEMBER COMMENTS AND REPORTS:

Mayor Pro Tem Pougnet requested the City Manager provide further information on certain organizations who requested funds during the budget process, and had not submitted proposals.

Jun 20, 2007 City Council Meeting

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