Mayor Oden and the City Council presented a Certificate of Appreciation to Dianne and George Marantz, dedicating The Michael Marantz Memorial K-9 Field.

Darryl Macdonald, Palm Springs Short Film Festival, presented to the City Council, the successful activities of this year's Palm Springs Short Film Festival.

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

Councilmember Mills requested Items 2.E., 2.G., and 2.N. be removed from the Consent Calendar, and noted his business related abstention on Items 2.K. and 2.F., Warrant Nos. 1023058, 1023091, 1023092, 1023125, 1023126 and 1023183.

Mayor Pro Tem Pougnet requested Items 2.D. and 2.M. be removed from the Consent Calendar for separate discussion.

Motion to Free Form Accept the Agenda as amended.

Vote to Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING CASE 5.0931 PD 279, CENTURY VINTAGE HOMES, MOUNTAIN GATE, AN AMENDMENT FOR FINAL DEVELOPMENT PLANS TO ALLOW A REDUCED FRONT YARD SET BACK FOR THE 12 REMAINING VACANT LOTS LOCATED WITHIN THE MOUNTAIN GATE DEVELOPMENT AT 900 GATEWAY DRIVE:

Staff Report Item 1.A.

Item withdrawn at the request of the applicant.

City Manager Ready stated he has a property ownership conflict of interest with respect to Item 1.B., did not participate in the discussion(s) bringing the Item forward nor the preparation of the staff report; would not participate in the City Council discussion, and left Council Chamber.

1.B. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CONCEPTUAL PLANS FOR THE SOUTH PALM CANYON DRIVE WIDENING PROJECT, CITY PROJECT NO. 05-03:

Staff Report Item 1.B.

David Barakian, City Engineer, provided background information as outlined in the staff report dated September 19, 2007.

Councilmember Mills requested staff address the transition from four to two lanes.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

Mayor Pro Tem Pougnet requested staff address the mitigation measures for the Casey's June Beetle (Dinacoma casey).

Motion to Free Form Adopt Resolution No. 22038, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CONCEPTUAL PLANS FOR IMPROVEMENTS TO WIDEN SOUTH PALM CANYON DRIVE TO FOUR LANES BETWEEN MURRAY CANYON DRIVE AND BOGERT TRAIL, INCLUDING WIDENING THE EXISTING BRIDGE OVER CHERLY CREEK (ARENAS NORTH DRAINAGE CHANNEL), SECTIONS 34 AND 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST."

Vote to Adopt Resolution No. 22038, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CONCEPTUAL PLANS FOR IMPROVEMENTS TO WIDEN SOUTH PALM CANYON DRIVE TO FOUR LANES BETWEEN MURRAY CANYON DRIVE AND BOGERT TRAIL, INCLUDING WIDENING THE EXISTING BRIDGE OVER CHERLY CREEK (ARENAS NORTH DRAINAGE CHANNEL), SECTIONS 34 AND 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST." (Approved)

City Manager Ready returned to the dais.

1.C. DESIGNATION OF THE DR. SCHOLL RESIDENCE AT 211 EAST MORONGO ROAD, A CLASS 1 HISTORIC SITE, CASE HSPB NO. 57:

Staff Report Item 1.C.

Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated September 19, 2007.

Mayor Pro Tem Pougnet requested staff address if the subject property was listed in the 2004 Historic Site Survey.

Councilmember Mills clarified the report as the City being the Applicant.

Councilmember Foat requested staff address the 2004 Historic Site Survey.

Mayor Oden commented on the survey and requested staff address the focus on the main house.

Councilmember McCulloch requested staff address the 2004 Historic Site Survey, and commented on accuracy of the study.

Councilmember Mills commented on the process of developing the 2004 Historic Site Survey.

Mayor Oden commented on the 2004 Historic Site Survey.

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

TERRI COHN, Property Owner, commented on her immediate plans to divide and sell the property, and stated her opposition to the Class 1 Designation.

UNNAMED SPEAKER, commented on the land surrounding the property and spoke in opposition to the proposed designation.

Mayor Oden requested the owner address her experience with the process, education and interaction with the Historic Site Board.

JADE NELSON, commented on the 2004 Historic Site Survey, and in support of the proposed historic designation.

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

Councilmember McCulloch stated the property is not significant for a Class 1 Historic Site and spoke against the designation.

Councilmember Mills commented on the process of the 2004 Historic Site Survey, stated some of the detailing of the house may be significant, however not enough to classify the property as significant.

Mayor Oden commented on the lack of process with the property owner.

Councilmember Foat commented on some of the details of the property, and requested the property owner save some of the details of the property.

Mayor Pro Tem Pougnet requested staff address the landscape component of the proposed designation, and other findings of the designation.

Mayor Oden stated the 2004 Historic Site Survey is a useful tool, and requested the HSPB work and educate owners.

Motion to Free Form Decline the Class 1 Historic Site designation for the property at 211 East Morongo Road.

Vote to Decline the Class 1 Historic Site designation for the property at 211 East Morongo Road. (Approved)

1.D. RIGHT-OF-WAY VACATION OF A PORTION OF CAHUILLA ROAD BETWEEN BARISTO ROAD AND RAMON ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-47:

Staff Report Item 1.D.

Motion to Free Form 1) Continue the public hearing to October 3, 2007, without public testimony; and 2) Direct the City Clerk to post a Notice of Continuance.

Vote to 1) Continue the public hearing to October 3, 2007, without public testimony; and 2) Direct the City Clerk to post a Notice of Continuance. (Approved)

1.E. CASE NO. 5.1104 - LAURICH PROPERTIES - GENERAL PLAN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN, TO ALLOW FINANCIAL INSTITUTIONS WITH DRIVE-THROUGH TELLER FACILITIES AND DRUG STORE / PHARMACIES WITH PRESCRIPTION PICK-UP WINDOWS BE PERMITTED IN THE RESORT/ATTRACTION (RA) ZONE:

Staff Report Item 1.E.

Motion to Free Form 1) Continue the Public Hearing to October 3, 2007, with no public testimony, at the request of the applicant; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

Vote to 1) Continue the Public Hearing to October 3, 2007, with no public testimony, at the request of the applicant; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

RA1. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL IN AN AMOUNT NOT-TO-EXCEED $150,000 FOR IMPROVEMENTS TO THE PALM CANYON THEATER LOCATED AT 538 NORTH PALM CANYON DRIVE:

Staff Report Item RA1.

City Manager Ready provided background information as outlined in the staff report dated September 19, 2007.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

Motion to Free Form Adopt Resolution No. 22039, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN BUILDINGS, FACILITIES, STRUCTURES, AND OTHER IMPROVEMENTS TO THE PALM CANYON THEATER, A CITY OWNED PROPERTY, LOCATED AT 538 NORTH PALM CANYON DRIVE, IN FRANCES STEVENS PARK, MERGED PROJECT AREA NO. 1." AGENCY: 1) Adopt Resolution No. 1336, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL, IN AN AMOUNT NOT TO EXCEED $150,000, FOR TENANT IMPROVEMENTS ON A CITY OWNED PROPERTY, LOCATED AT 538 NORTH PALM CANYON DRIVE, IN FRANCES STEVENS PARK, MERGED PROJECT AREA NO. 1;" and 2) Authorize the Executive Director to execute all necessary documents in a form acceptable to the Agency Counsel. A0523C.

Vote to Adopt Resolution No. 22039, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN BUILDINGS, FACILITIES, STRUCTURES, AND OTHER IMPROVEMENTS TO THE PALM CANYON THEATER, A CITY OWNED PROPERTY, LOCATED AT 538 NORTH PALM CANYON DRIVE, IN FRANCES STEVENS PARK, MERGED PROJECT AREA NO. 1." AGENCY: 1) Adopt Resolution No. 1336, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL, IN AN AMOUNT NOT TO EXCEED $150,000, FOR TENANT IMPROVEMENTS ON A CITY OWNED PROPERTY, LOCATED AT 538 NORTH PALM CANYON DRIVE, IN FRANCES STEVENS PARK, MERGED PROJECT AREA NO. 1;" and 2) Authorize the Executive Director to execute all necessary documents in a form acceptable to the Agency Counsel. A0523C. (Approved)

The City Council recessed and the Community Redevelopment Agency continued at 8:00 p.m.

RA2. AGREEMENT WITH DMC DESIGN GROUP INC. FOR SURVEY AND DESIGN SERVICES FOR THE CONVENTION CENTER TRIANGLE PARCEL:

Staff Report Item RA2.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 19, 2007.

Mayor Pro Tem Pougnet requested staff address the bid amount.

Councilmember Mills requested the City Engineer address his estimate and the components of the project, requested a breakdown on the three items in the Scope of Services.

Councilmember Foat commented on background information on the property and the bid amount.

Councilmember Mills suggested that we direct staff to proceed with an agreement for a boundary survey, topographic survey and base mapping.

Motion to Reject the BID for Convention Center Triangle Parcel Design Services. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.

Vote to Reject the BID for Convention Center Triangle Parcel Design Services. (Approved)

RA3. CONSTRUCTION LICENSE AGREEMENT WITH ENDURE INVESTMENTS, LLC TO ALLOW ACCESS TO AN AGENCY OWNED PARCEL OF APPROXIMATELY 19,000 SQUARE FEET FOR THE PLACEMENT OF A CONSTRUCTION TRAILER TO FACILITATE THE COMPLETION OF THE SPRINGS SHOPPING CENTER, MERGED PROJECT AREA NO. 1:

Staff Report Item RA3.

Motion to 1) Adopt Resolution No. 1337, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION LICENSE AGREEMENT WITH ENDURE INVESTMENTS, LLC TO ALLOW ACCESS TO AN AGENCY OWNED PARCEL OF APPROXIMATELY 19,000 SQUARE FEET FOR THE PLACEMENT OF A CONSTRUCTION TRAILER TO FACILITATE THE COMPLETION OF THE SPRINGS SHOPPING CENTER, MERGED PROJECT AREA NO. 1;" and 2) Authorize the Executive Director to execute all necessary documents. A0524C. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to 1) Adopt Resolution No. 1337, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION LICENSE AGREEMENT WITH ENDURE INVESTMENTS, LLC TO ALLOW ACCESS TO AN AGENCY OWNED PARCEL OF APPROXIMATELY 19,000 SQUARE FEET FOR THE PLACEMENT OF A CONSTRUCTION TRAILER TO FACILITATE THE COMPLETION OF THE SPRINGS SHOPPING CENTER, MERGED PROJECT AREA NO. 1;" and 2) Authorize the Executive Director to execute all necessary documents. A0524C. (Approved)

RA4. APPROVAL OF MINUTES:

Staff Report Item RA4.

Motion to Approve the Community Redevelopment Agency Minutes of September 5, 2007. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Approve the Community Redevelopment Agency Minutes of September 5, 2007. (Approved)

The Community Redevelopment Agency adjourned at 8:21 p.m. and the City Council reconvened.

2. CONSENT CALENDAR:

Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.F., 2.H., 2.I., 2.J., 2.K., and 2.L.

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

2.A. REPORT ON POSTING OF THE AGENDA:

Staff Report Item 2.A.

2.B. APPROVAL OF MINUTES:

Staff Report Item 2.B.

2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2007:

Staff Report Item 2.C.

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

Staff Report Item 2.F.

2.H. AB 2766 AIR QUALITY IMPROVEMENT FUND AUDIT REQUIREMENTS AS OF JUNE 30, 2004, BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT:

Staff Report Item 2.H.

2.I. REQUEST BY FRANCIS LABRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2006, TO JULY 20, 2007, Â FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD:

Staff Report Item 2.I.

2.J. REQUEST BY FRANCIS LABRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2007, TO JULY 20, 2008, Â FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD:

Staff Report Item 2.J.

2.K. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS FOR THE 2007-08 SCHOOL YEAR:

Staff Report Item 2.K.

2.L. ACCEPT THE DONATION FROM DIANNE AND GEORGE MARANTZ, THROUGH G & M CONSTRUCTION, FOR THE RECONSTRUCTION AND MODERNIZATION OF THE POLICE CANINE TRAINING FIELD, AND NAMING THE CANINE FIELD THE MICHAEL MARANTZ MEMORIAL K-9 FIELD:

Staff Report Item 2.L.

EXCLUDED CONSENT CALENDAR:

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1719, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE:

Staff Report Item 2.D.

Motion to Free Form Waive further reading and adopt Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE."

Vote to Waive further reading and adopt Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE." (Approved)

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1716, MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL:

Staff Report Item 2.E.

Motion to Free Form Waive further reading and adopt Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01.110, 2.04.020, AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL."

Vote to Waive further reading and adopt Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 1.01.110, 2.04.020, AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL." (Approved)

2.G. SUMMARY VACATION OF A PORTION OF VIA MIRALESTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-003:

Staff Report Item 2.G.

Councilmember Mills requested staff address the adjoining property, stated he would like to add a condition(s) to the vacation to submit a landscape plan, required maintenance and irrigation.

Mayor Pro Tem Pougnet requested staff clarify the history and the responsibilities of the property owner.

Motion to 1) Continue the Item to October 3, 2007; and direct staff to add conditions to the vacation for the submission of a landscape plan and required maintenance and irrigation. Moved by Councilmember Mills, seconded by Mayor Oden.

Vote to 1) Continue the Item to October 3, 2007; and direct staff to add conditions to the vacation for the submission of a landscape plan and required maintenance and irrigation. (Approved)

2.M. INSTALLATION OF PALM SPRINGS PEACE POLE:

Staff Report Item 2.M.

Mayor Pro Tem Pougnet requested the City Manager place this Item on the October 3, 2007 agenda for approval.

ACTION: Receive and file. By consensus of the City Council.

2.N. APPROVE AN ESTOPPEL CERTIFICATE REQUESTED BY HH PALM SPRINGS LLC, A TENANT OF THE CITY AND THE OWNER OF THE WYNDHAM HOTEL:

Staff Report Item 2.N.

Councilmember Foat requested staff address the recent history of City Council action for this property.

Motion to Authorize the City Manager, on behalf of the City, to execute the Estoppel Certificate as requested by HH Palm Springs LLC. A2738.

Vote to Authorize the City Manager, on behalf of the City, to execute the Estoppel Certificate as requested by HH Palm Springs LLC. A2738. (Approved)

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO UPDATE THE PRIMA FACIE SPEED LIMITS ON VARIOUS CITY STREETS:

Staff Report Item 3.A.

City Manager Ready and City Engineer Barakian provided background information as outlined in the staff report dated September 19, 2007.

Mayor Pro Tem Pougnet expressed concern for the speed limit on Murray Canyon.

Councilmember Mills requested staff address the process and if the City Council could alter the proposed Speed Limits and any ramifications.

Motion to Free Form 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1720, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS ON VARIOUS CITY STREETS."

Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1720, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS ON VARIOUS CITY STREETS." (Approved)

3.B. STATE REQUIRED ORDINANCE ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS' PROGRAM TO ACQUIRE COMMERCIAL REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED PROJECT AREA NO. 1 AND MERGED PROJECT AREA NO. 2 REDEVELOPMENT PROJECTS:

Staff Report Item 3.B.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 19, 2007.

Motion to Free Form 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1721, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE REDEVELOPMENT MERGED PROJECT AREA NO. 1 AND MERGED PROJECT AREA NO. 2."

Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1721, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE REDEVELOPMENT MERGED PROJECT AREA NO. 1 AND MERGED PROJECT AREA NO. 2." (Approved)

3.C. PROPOSED ORDINANCE ADOPTING PUBLIC SAFETY RADIO SYSTEM COVERAGE REGULATIONS:

Staff Report Item 3.C.

City Manager Ready provided background information as outlined in the staff report dated September 19, 2007.

Motion to Free Form 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1722, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE."

Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1722, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE." (Approved)

4. UNFINISHED BUSINESS:

5. NEW BUSINESS:

5.A. LETTER TO GOV. ARNOLD SCHWARZENEGGER REQUESTING RECONSIDERATION AND THE RELEASE OF TRIBAL GAMING SPECIAL DISTRIBUTION FUNDS:

City Manager Ready provided background information as outlined in the proposed letter dated September 19, 2007.

Motion to Free Form Authorize the Mayor and City Council to execute a letter to Gov. Arnold Schwarzenegger requesting reconsideration and the release of Tribal Gaming Special Distribution Funds, and requesting a meeting with the Governor and Gubernatorial Staff along with City Representatives to discuss the impact of Special Distribution Funds to the City.

Vote to Authorize the Mayor and City Council to execute a letter to Gov. Arnold Schwarzenegger requesting reconsideration and the release of Tribal Gaming Special Distribution Funds, and requesting a meeting with the Governor and Gubernatorial Staff along with City Representatives to discuss the impact of Special Distribution Funds to the City. (Approved)

5.B. APPOINTMENT OF A TWO MEMBER COUNCIL SUBCOMMITTEE FOR THE WYNDHAM HOTEL:

Motion to Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address renovations and possible City participation with the new owners and operators of the Wyndham Hotel. Mayor Pro Tem Pougnet as the alternate. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address renovations and possible City participation with the new owners and operators of the Wyndham Hotel. Mayor Pro Tem Pougnet as the alternate. (Approved)

5.C. APPOINTMENT OF A TWO MEMBER COUNCIL SUBCOMMITTEE TO INTERVIEW CANDIDATES FOR THE NEW CHIEF OF POLICE:

Motion to Free Form Appoint Councilmember Foat and Councilmember Mills to a City Council Subcommittee to interview candidates for the new Chief of Police.

Vote to Appoint Councilmember Foat and Councilmember Mills to a City Council Subcommittee to interview candidates for the new Chief of Police. (Approved)

5.D. REQUEST FOR EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5100, WITH KRIZMAN DESERT INVESTMENTS, LLC, FOR TRACT MAP 31263:

Staff Report Item 5.D.

David Barakian, City Engineer, provided background information as outlined in the staff report dated September 19, 2007.

Motion to Free Form Authorize the Director of Public Works/City Engineer to approve a 12-month extension of time for the completion of improvements associated with Agreement No. A5100, a subdivision improvement agreement, Tract Map 31263, with Krizman Desert Investments, LLC. A5100.

Vote to Authorize the Director of Public Works/City Engineer to approve a 12-month extension of time for the completion of improvements associated with Agreement No. A5100, a subdivision improvement agreement, Tract Map 31263, with Krizman Desert Investments, LLC. A5100. (Approved)

COUNCILMEMBER COMMENTS AND REPORTS:

Councilmember Foat requested a report on an update of approved projects, an update on the two properties near the Racquet Club, and commented on the CVAG Homeless programs update.

Mayor Pro Tem Pougnet requested information on the activities of the Orchid Tree Inn, and suggested aggressive enforcement.

Councilmember McCulloch commented on the Orchid Tree Inn.

Mayor Oden commented on the activities and events attended by the Mayor's Office.

ADJOURNMENT:

Sep 19, 2007 City Council Meeting

Full agenda
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CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION:

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

PRESENTATIONS:

Mayor Oden and the City Council presented a Certificate of Appreciation to Dianne and George Marantz, dedicating The Michael Marantz Memorial K-9 Field.

Darryl Macdonald, Palm Springs Short Film Festival, presented to the City Council, the successful activities of this year's Palm Springs Short Film Festival.

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

Mayor Pro Tem Pougnet requested Items 2.D. and 2.M. be removed from the Consent Calendar for separate discussion.

Motion to Free Form Accept the Agenda as amended.

Vote to Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING CASE 5.0931 PD 279, CENTURY VINTAGE HOMES, MOUNTAIN GATE, AN AMENDMENT FOR FINAL DEVELOPMENT PLANS TO ALLOW A REDUCED FRONT YARD SET BACK FOR THE 12 REMAINING VACANT LOTS LOCATED WITHIN THE MOUNTAIN GATE DEVELOPMENT AT 900 GATEWAY DRIVE:

Staff Report Item 1.A.

Item withdrawn at the request of the applicant.

1.B. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CONCEPTUAL PLANS FOR THE SOUTH PALM CANYON DRIVE WIDENING PROJECT, CITY PROJECT NO. 05-03:

Staff Report Item 1.B.

David Barakian, City Engineer, provided background information as outlined in the staff report dated September 19, 2007.

Councilmember Mills requested staff address the transition from four to two lanes.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

Mayor Pro Tem Pougnet requested staff address the mitigation measures for the Casey's June Beetle (Dinacoma casey).

City Manager Ready returned to the dais.

1.C. DESIGNATION OF THE DR. SCHOLL RESIDENCE AT 211 EAST MORONGO ROAD, A CLASS 1 HISTORIC SITE, CASE HSPB NO. 57:

Staff Report Item 1.C.

Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated September 19, 2007.

Mayor Pro Tem Pougnet requested staff address if the subject property was listed in the 2004 Historic Site Survey.

Councilmember Mills clarified the report as the City being the Applicant.

Councilmember Foat requested staff address the 2004 Historic Site Survey.

Mayor Oden commented on the survey and requested staff address the focus on the main house.

Councilmember McCulloch requested staff address the 2004 Historic Site Survey, and commented on accuracy of the study.

Councilmember Mills commented on the process of developing the 2004 Historic Site Survey.

Mayor Oden commented on the 2004 Historic Site Survey.

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

TERRI COHN, Property Owner, commented on her immediate plans to divide and sell the property, and stated her opposition to the Class 1 Designation.

UNNAMED SPEAKER, commented on the land surrounding the property and spoke in opposition to the proposed designation.

Mayor Oden requested the owner address her experience with the process, education and interaction with the Historic Site Board.

JADE NELSON, commented on the 2004 Historic Site Survey, and in support of the proposed historic designation.

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

Councilmember McCulloch stated the property is not significant for a Class 1 Historic Site and spoke against the designation.

Mayor Oden commented on the lack of process with the property owner.

Councilmember Foat commented on some of the details of the property, and requested the property owner save some of the details of the property.

Mayor Pro Tem Pougnet requested staff address the landscape component of the proposed designation, and other findings of the designation.

Mayor Oden stated the 2004 Historic Site Survey is a useful tool, and requested the HSPB work and educate owners.

Motion to Free Form Decline the Class 1 Historic Site designation for the property at 211 East Morongo Road.

Vote to Decline the Class 1 Historic Site designation for the property at 211 East Morongo Road. (Approved)

1.D. RIGHT-OF-WAY VACATION OF A PORTION OF CAHUILLA ROAD BETWEEN BARISTO ROAD AND RAMON ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-47:

Staff Report Item 1.D.

Motion to Free Form 1) Continue the public hearing to October 3, 2007, without public testimony; and 2) Direct the City Clerk to post a Notice of Continuance.

Vote to 1) Continue the public hearing to October 3, 2007, without public testimony; and 2) Direct the City Clerk to post a Notice of Continuance. (Approved)

1.E. CASE NO. 5.1104 - LAURICH PROPERTIES - GENERAL PLAN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN, TO ALLOW FINANCIAL INSTITUTIONS WITH DRIVE-THROUGH TELLER FACILITIES AND DRUG STORE / PHARMACIES WITH PRESCRIPTION PICK-UP WINDOWS BE PERMITTED IN THE RESORT/ATTRACTION (RA) ZONE:

Staff Report Item 1.E.

PUBLIC COMMENT:

JANET LAIBLIN, AQMD, commented on AQMD activities and provided the City Council information on addressing air quality issues in General Plans and local planning.

JESSE DANNER, Owner Snip Snip Buzz, commented on the sign ordinance and restrictions.

DUANE ROHRBAUGH, Wyndham Hotel, stated his support of Item 2.N., and requested the City Council approve the Estoppel Certificate to HH Palm Springs LLC.

REV. KEVIN JOHNSON, stated his support for Item 2.M., installation of a Palm Springs Peace Pole, and noted the in-kind contributions for the installation.

ANDREW GREEN, stated his support for Item 2.M., installation of a Palm Springs Peace Pole.

REV. AMANDA BURR, stated her support for Item 2.M., installation of a Palm Springs Peace Pole.

DR. BURTON FOGELMAN, stated his support for Item 2.M., installation of a Palm Springs Peace Pole.

JONO HILDNER, commented on Measure "C" on the November 6, 2007, Election and the Shadowrock Development Agreement.

WILLIE HOLLAND, commented on development of the Gateway Highland Neighborhood.

JOY MEREDITH, Palm Springs, announced an upcoming meeting on signs in the Downtown Area and the Main Street candidate forum.

The City Council recessed at 7:41 p.m.

The City Council reconvened at 7:54 p.m.

COUNCILMEMBER COMMENTS AND REQUESTS:

Mayor Oden commented on the positive exposure of Palm Springs in the LA Confidential.

CITY MANAGER’S REPORT:

The City Council and the Community Redevelopment Agency convened for a Joint Public Hearing at 7:58 p.m.

RA1. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL IN AN AMOUNT NOT-TO-EXCEED $150,000 FOR IMPROVEMENTS TO THE PALM CANYON THEATER LOCATED AT 538 NORTH PALM CANYON DRIVE:

Staff Report Item RA1.

City Manager Ready provided background information as outlined in the staff report dated September 19, 2007.

Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed.

The City Council recessed and the Community Redevelopment Agency continued at 8:00 p.m.

RA2. AGREEMENT WITH DMC DESIGN GROUP INC. FOR SURVEY AND DESIGN SERVICES FOR THE CONVENTION CENTER TRIANGLE PARCEL:

Staff Report Item RA2.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 19, 2007.

Mayor Pro Tem Pougnet requested staff address the bid amount.

Councilmember Mills requested the City Engineer address his estimate and the components of the project, requested a breakdown on the three items in the Scope of Services.

Councilmember Foat commented on background information on the property and the bid amount.

Councilmember Mills suggested that we direct staff to proceed with an agreement for a boundary survey, topographic survey and base mapping.

Motion to Reject the BID for Convention Center Triangle Parcel Design Services. Moved by Councilmember Foat, seconded by Mayor Pro Tem Pougnet.

Vote to Reject the BID for Convention Center Triangle Parcel Design Services. (Approved)

RA3. CONSTRUCTION LICENSE AGREEMENT WITH ENDURE INVESTMENTS, LLC TO ALLOW ACCESS TO AN AGENCY OWNED PARCEL OF APPROXIMATELY 19,000 SQUARE FEET FOR THE PLACEMENT OF A CONSTRUCTION TRAILER TO FACILITATE THE COMPLETION OF THE SPRINGS SHOPPING CENTER, MERGED PROJECT AREA NO. 1:

Staff Report Item RA3.

RA4. APPROVAL OF MINUTES:

Staff Report Item RA4.

Motion to Approve the Community Redevelopment Agency Minutes of September 5, 2007. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Approve the Community Redevelopment Agency Minutes of September 5, 2007. (Approved)

The Community Redevelopment Agency adjourned at 8:21 p.m. and the City Council reconvened.

2. CONSENT CALENDAR:

Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.F., 2.H., 2.I., 2.J., 2.K., and 2.L.

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

2.A. REPORT ON POSTING OF THE AGENDA:

Staff Report Item 2.A.

2.B. APPROVAL OF MINUTES:

Staff Report Item 2.B.

2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2007:

Staff Report Item 2.C.

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

Staff Report Item 2.F.

2.H. AB 2766 AIR QUALITY IMPROVEMENT FUND AUDIT REQUIREMENTS AS OF JUNE 30, 2004, BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT:

Staff Report Item 2.H.

2.I. REQUEST BY FRANCIS LABRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2006, TO JULY 20, 2007, Â FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD:

Staff Report Item 2.I.

2.J. REQUEST BY FRANCIS LABRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2007, TO JULY 20, 2008, Â FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD:

Staff Report Item 2.J.

2.K. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS FOR THE 2007-08 SCHOOL YEAR:

Staff Report Item 2.K.

2.L. ACCEPT THE DONATION FROM DIANNE AND GEORGE MARANTZ, THROUGH G & M CONSTRUCTION, FOR THE RECONSTRUCTION AND MODERNIZATION OF THE POLICE CANINE TRAINING FIELD, AND NAMING THE CANINE FIELD THE MICHAEL MARANTZ MEMORIAL K-9 FIELD:

Staff Report Item 2.L.

EXCLUDED CONSENT CALENDAR:

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1719, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE:

Staff Report Item 2.D.

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1716, MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL:

Staff Report Item 2.E.

2.G. SUMMARY VACATION OF A PORTION OF VIA MIRALESTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-003:

Staff Report Item 2.G.

Councilmember Mills requested staff address the adjoining property, stated he would like to add a condition(s) to the vacation to submit a landscape plan, required maintenance and irrigation.

Mayor Pro Tem Pougnet requested staff clarify the history and the responsibilities of the property owner.

Vote to 1) Continue the Item to October 3, 2007; and direct staff to add conditions to the vacation for the submission of a landscape plan and required maintenance and irrigation. (Approved)

2.M. INSTALLATION OF PALM SPRINGS PEACE POLE:

Staff Report Item 2.M.

Mayor Pro Tem Pougnet requested the City Manager place this Item on the October 3, 2007 agenda for approval.

ACTION: Receive and file. By consensus of the City Council.

2.N. APPROVE AN ESTOPPEL CERTIFICATE REQUESTED BY HH PALM SPRINGS LLC, A TENANT OF THE CITY AND THE OWNER OF THE WYNDHAM HOTEL:

Staff Report Item 2.N.

Councilmember Foat requested staff address the recent history of City Council action for this property.

Motion to Authorize the City Manager, on behalf of the City, to execute the Estoppel Certificate as requested by HH Palm Springs LLC. A2738.

Vote to Authorize the City Manager, on behalf of the City, to execute the Estoppel Certificate as requested by HH Palm Springs LLC. A2738. (Approved)

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO UPDATE THE PRIMA FACIE SPEED LIMITS ON VARIOUS CITY STREETS:

Staff Report Item 3.A.

City Manager Ready and City Engineer Barakian provided background information as outlined in the staff report dated September 19, 2007.

Mayor Pro Tem Pougnet expressed concern for the speed limit on Murray Canyon.

Councilmember Mills requested staff address the process and if the City Council could alter the proposed Speed Limits and any ramifications.

3.B. STATE REQUIRED ORDINANCE ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS' PROGRAM TO ACQUIRE COMMERCIAL REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED PROJECT AREA NO. 1 AND MERGED PROJECT AREA NO. 2 REDEVELOPMENT PROJECTS:

Staff Report Item 3.B.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 19, 2007.

3.C. PROPOSED ORDINANCE ADOPTING PUBLIC SAFETY RADIO SYSTEM COVERAGE REGULATIONS:

Staff Report Item 3.C.

City Manager Ready provided background information as outlined in the staff report dated September 19, 2007.

4. UNFINISHED BUSINESS:

5. NEW BUSINESS:

5.A. LETTER TO GOV. ARNOLD SCHWARZENEGGER REQUESTING RECONSIDERATION AND THE RELEASE OF TRIBAL GAMING SPECIAL DISTRIBUTION FUNDS:

City Manager Ready provided background information as outlined in the proposed letter dated September 19, 2007.

5.B. APPOINTMENT OF A TWO MEMBER COUNCIL SUBCOMMITTEE FOR THE WYNDHAM HOTEL:

5.C. APPOINTMENT OF A TWO MEMBER COUNCIL SUBCOMMITTEE TO INTERVIEW CANDIDATES FOR THE NEW CHIEF OF POLICE:

Motion to Free Form Appoint Councilmember Foat and Councilmember Mills to a City Council Subcommittee to interview candidates for the new Chief of Police.

Vote to Appoint Councilmember Foat and Councilmember Mills to a City Council Subcommittee to interview candidates for the new Chief of Police. (Approved)

5.D. REQUEST FOR EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5100, WITH KRIZMAN DESERT INVESTMENTS, LLC, FOR TRACT MAP 31263:

Staff Report Item 5.D.

David Barakian, City Engineer, provided background information as outlined in the staff report dated September 19, 2007.

COUNCILMEMBER COMMENTS AND REPORTS:

Councilmember Foat requested a report on an update of approved projects, an update on the two properties near the Racquet Club, and commented on the CVAG Homeless programs update.

Mayor Pro Tem Pougnet requested information on the activities of the Orchid Tree Inn, and suggested aggressive enforcement.

Councilmember McCulloch commented on the Orchid Tree Inn.

Mayor Oden commented on the activities and events attended by the Mayor's Office.

Sep 19, 2007 City Council Meeting

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