City Clerk Thompson requested Item 4.B. be withdrawn from the Agenda at the request of staff, and stated Item 5.C. could be moved to the Consent Calendar as Item 2.K.

Councilmember Foat requested Item 2.E. be removed from the Consent Calendar for separate discussion.

Mayor Pro Tem Mills noted his business related abstention on Consent Calendar Item 2.H.

Mayor Pougnet noted his abstention on Item 2.B.

Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.

Vote to approve Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. VICEROY HOTEL REVOCATION HEARING, MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT LOCATED AT 415 SOUTH BELARDO ROAD (CASE 5.0909-CUP):

Staff Report Item 1.A.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 22, 2009.

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

DIEGO HEREDIA, Representing Viceroy Hotel, provided historical information on the Viceroy, and outlined the requested modifications to the time table as proposed by the Viceroy, and requested the City Council support the position of the Viceroy as outlined in his letter dated July 21, 2009.

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

The City Council discussed and/or commented on the following with respect to the revocation or conditions: when the CUP was issued and the purpose, the time elapsed between the first violation in 2006 and the Planning Commission hearing in 2009, incorporation of sub-steps or other measures should the City Council wish to provide additional time to the Viceroy, why the City did not require performance bonds, the possible change in ownership and the applicability to the CUP, requested the City Engineer provide comments or an estimate on the improvements, Phase 1 and Phase 2 to be done at the same time, and the delay of Phase 3 by one year as requested by the Viceroy, and requested the City Engineer recommend interim steps.

Motion to Adopt Resolution No. 22569, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT, CASE 5.0909-CUP, DUE TO NON-COMPLIANCE WITH CONDITIONS, FOR THE VICEROY HOTEL AT 415 SOUTH BELARDO ROAD,"amending Section 4.1 and substitute the schedule for improvements as requested by the Viceroy, and adding sub-phasing to require an Encroachment Permit within 30-days and an agreement for the Viceroy to provide performance bond in the amount of $250,000, construction to start within 90-days, hardscape and landscape improvements to be completed on Cahuilla by 2010, and the improvements to Belardo be completed by 2011, and amending Section 4.2 to to provide that the City Council review the CUP in the event of a failure to comply. Moved by Mayor Pro Tem Mills, seconded by Councilmember Weigel.

Vote to Adopt Resolution No. 22569, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT, CASE 5.0909-CUP, DUE TO NON-COMPLIANCE WITH CONDITIONS, FOR THE VICEROY HOTEL AT 415 SOUTH BELARDO ROAD,"amending Section 4.1 and substitute the schedule for improvements as requested by the Viceroy, and adding sub-phasing to require an Encroachment Permit within 30-days and an agreement for the Viceroy to provide performance bond in the amount of $250,000, construction to start within 90-days, hardscape and landscape improvements to be completed on Cahuilla by 2010, and the improvements to Belardo be completed by 2011, and amending Section 4.2 to to provide that the City Council review the CUP in the event of a failure to comply. (Approved)

1.B. DESIGNATION OF THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 55):

Staff Report Item 1.B.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 22, 2009.

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

DAVID BARRON, Representing Property Owner, stated the City has a flawed system for the designation of properties and provided recommendations to the HSPB, the process, requested the process mandate discussions with property owner and economic considerations, provided a history of the property, requested the City Council consider a compromise that prohibits the removal of the building, allow changes to the first floor, and requires no changes to the second floor, by requiring a grant of a conservation easement.

RON MARSHALL, commented on the history of the Oasis building, the benefits of a Mills Act contract , and requested the City Council support the Class 1 designation.

KATHI HALLOCK , read a letter from the President of the Palm Springs Chamber of Commerce, requesting the City Council not designate the property as a Class 1 site.

JACQUES CAUSSIR, stated his support for the designation of the building as a Class 1 Historic Site.

LAUREN BRICKER, stated her support as a designation of the property as a Class 1 Historic Site.

CHRIS SAHLIN, stated his opposition to the classification of the building as a Class 1 Historic Site.

ROBERT IMBER, stated his support as a designation of the property as a Class 1 Historic Site.

JADE NELSON, stated his support as a designation of the property as a Class 1 Historic Site.

ANDREA URBAS, stated her opposition to the designation of the property as a Class 1 Historic Site.

MAGGIE MONTEZ, stated her opposition to the designation of the property as a Class 1 Historic Site.

FLORENCE HAGSTROM, stated the building has gone through many changes and is not recognizable.

STEVE LYLE, Owner, commented on the discussion and the vote of the HSPB, and stated his opposition to the designation of the building as a Class 1 Historic Site.

MICHAEL KASSINGER, stated his opposition to the designation of the property as a Class 1 Historic Site.

ROB FIRTH, stated his opposition to the designation of the property as a Class 1 Historic Site.

DENNIS CUNNINGHAM, requested the City Council consider the compromise position of the owner.

ERNEST VINCENT, stated his opposition to the designation of the property as a Class 1 Historic Site.

JAMES CIOFFI, stated his opposition to the designation of the property as a Class 1 Historic Site.

PETER MORUZZI, commented on the meaning and ramifications of the designation as a Class 1 site, and stated his support for the designation of the property as a Class 1 Historic Site.

ERIC WILLIAMS, stated his father was the designer of the Oasis building, and commented on the changes, the uniqueness and significance of the building.

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

The City Council discussed and/or commented on the following with respect to the designation: requested clarification of the compromise position of the owner and the preservation society, the lack of consent of the owner for the designation, providing flexibility and adaptability for owners and properties in the Downtown area, requested staff address the process with the HSPB for modifications with a Class 1 designation, the extent of the changes and modifications to the building, the compromise proposed, keeping the second floor in tact, relation with zoning codes, conservation easement, the amount of outreach to the property owner, the possibility for designation but not restricting certain areas of the building, the requirement to review economic impact with respect to a Class 1 designation.

MOTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE A CLASS ONE HISTORIC SITE (HSPB 55)."Motion Councilmember Foat, failed for lack of a second.

Motion to 1) Close the public testimony portion of the public hearing and continue to September 16, 2009; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Councilmember Weigel.

Vote to 1) Close the public testimony portion of the public hearing and continue to September 16, 2009; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

The City Council recessed at 8:22 p.m.

The City Council reconvened at 8:29 p.m.

PUBLIC COMMENT:

PHYLISS BURGES, commented on the effects within the City due to Proposition 8.

BARBARA NEWMAN, requested the City Council keep all the Fire Stations open in the City of Palm Springs, and commented on the enforcement of dog leash laws.

DENNIS ROSENBERG, commented on the actions of Sun Line toward the taxi industry and City Cab Company.

JOY MEREDITH, commented on the activities of the Palm Springs Business Improvement District.

COUNCILMEMBER COMMENTS:

Councilmember Weigel commented on the recent deaths of two hikers on the mountains in Palm Springs.

CITY MANAGER'S REPORT:

2.F. AUTHORIZE MOTOROLA RADIO SYSTEM SERVICE AGREEMENTS FOR FISCAL YEAR 2009-10:

Staff Report Item 2.F.

2.G. AGREEMENT WITH CYCLONE SURFACE CLEANING FOR AIRPORT RUNWAY SURFACE RUBBER REMOVAL FOR A THREE-YEAR PERIOD IN THE AMOUNT OF $30,000:

Staff Report Item 2.G.

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A0125 WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT EXTENDING THE TERM ONE-YEAR TO JUNE 30, 2011, AND INCREASING THE RENT TO $5,933.16 PER MONTH EFFECTIVE JULY 1, 2010:

Staff Report Item 2.H.

2.I. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE No. 1761, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE TO ALLOW THE CITY MANAGER TO SUSPEND CERTAIN REGULATORY ORDINANCES FOR SPECIAL EVENTS OF BENEFIT TO THE COMMUNITY AND ITS VISITOR ORIENTED ECONOMY:

Staff Report Item 2.I.

2.J. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE No. 1762, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO SEVEN MEMBERS:

Staff Report Item 2.J.

2.K. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR APPROVAL OF THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE, FROM THE FAMILY YMCA OF THE DESERT, IN THE AMOUNT OF $403,293 AND A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE DESERT FOR THE PROPERTY IN THE AMOUNT OF $1.00 PER YEAR FOR A TEN-YEAR PERIOD:

EXCLUDED CONSENT CALENDAR:

2.E. ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES:

Staff Report Item 2.E.

Motion to Adopt Resolution No. 22572, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2009." Moved by Councilmember Foat, seconded by Mayor Pougnet.

Vote to Adopt Resolution No. 22572, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2009." (Approved)

3. LEGISLATIVE:

3.A. ADDING A MEASURE TO THE NOVEMBER 3, 2009, GENERAL MUNICIPAL ELECTION, REDUCING THE TELEPHONE USERS' TAX, MODERNIZING AND UPDATING THE TELEPHONE USERS' TAX PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE, ELIMINATING THE CURRENT EMERGENCY RESPONSE FEE, AND ADOPTING AN ACCESS LINE TAX IN LIEU OF AND IN AMOUNT EQUAL TO THE CURRENT EMERGENCY RESPONSE FEE:

Staff Report Item 3.A.

City Attorney Holland provided background information as outlined in the staff report dated July 22, 2009.

Motion to 1) Adopt Resolution No. 22573, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE REDUCING THE TELEPHONE USERS’ TAX, MODERNIZING AND UPDATING THE TELEPHONE USERS’ TAX PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE, AND ELIMINATING THE CURRENT EMERGENCY RESPONSE FEE AND ADOPT AN ACCESS LINE TAX IN LIEU OF AND IN AN AMOUNT EQUAL TO THE EMERGENCY RESPONSE FEE, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, AS CALLED BY RESOLUTION No. 22490;" and 2) Adopt Resolution No. 22574, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 3, 2009, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.

Vote to 1) Adopt Resolution No. 22573, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE REDUCING THE TELEPHONE USERS’ TAX, MODERNIZING AND UPDATING THE TELEPHONE USERS’ TAX PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE, AND ELIMINATING THE CURRENT EMERGENCY RESPONSE FEE AND ADOPT AN ACCESS LINE TAX IN LIEU OF AND IN AN AMOUNT EQUAL TO THE EMERGENCY RESPONSE FEE, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, AS CALLED BY RESOLUTION No. 22490;" and 2) Adopt Resolution No. 22574, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 3, 2009, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." (Approved)

4. UNFINISHED BUSINESS:

Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 4.A., would not participate in the discussion or the vote, and left Council Chamber.

4.A. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE SAN LORENZO SHOULDER PAVING PROJECT, CP 08-05:

Staff Report Item 4.A.

Dave Barakian, City Engineer, provided background information as outlined in the staff report dated July 22, 2009.

Motion to 1) Approve the plans, specifications, and working details for the San Lorenzo Shoulder Paving Project, CP 08-05; and 2) Authorize the bid process. Moved by Councilmember Foat, seconded by Councilmember Weigel.

Vote to 1) Approve the plans, specifications, and working details for the San Lorenzo Shoulder Paving Project, CP 08-05; and 2) Authorize the bid process. (Approved)

Councilmember Hutcheson returned to the dais.

4.B. REVIEW THE DESIGN OF THE ANIMAL SHELTER:

ACTION: Item withdrawn from the Agenda at the request of staff. By consensus of the City Council.

5. NEW BUSINESS:

5.A. AMENDMENT NO. 4 TO AGREEMENT NO. A4727 WITH PALM SPRINGS DISPOSAL SERVICES FOR SOLID WASTE MANAGEMENT:

Staff Report Item 5.A.

David Barakian, City Engineer, provided background information as outlined in the staff report dated July 22, 2009.

The City Council requested staff address any modifications to existing services.

Motion to 1) Approve Amendment No. 4 to the solid waste management agreement with Palm Springs Disposal Services and the revised Exhibit M; and 2) Authorize the City Manager to execute the appropriate documents. A4727. Moved by Mayor Pougnet, seconded by Councilmember Weigel.

Vote to 1) Approve Amendment No. 4 to the solid waste management agreement with Palm Springs Disposal Services and the revised Exhibit M; and 2) Authorize the City Manager to execute the appropriate documents. A4727. (Approved)

5.B. THE CHARLES COMPANY (THE SPRINGS) REQUEST FOR MINOR AMENDMENTS TO THE PREVIOUSLY APPROVED SIGN DISTRICT, AT 5200 EAST RAMON ROAD (CASE 5.0984 PD 291-A):

Staff Report Item 5.B.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 22, 2009.

The City Council discussed and/or commented on the following with respect to the sign program: screening signage and the drive-thru from the street, requested staff clarify the AAC recommendation, adding a condition for landscape screening, but requiring such when the center is occupied.

Motion to Adopt Resolution No. 22575, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MINOR AMENDMENTS TO THE SIGN DISTRICT LOCATED AT 5200 EAST RAMON ROAD,"amending the Conditions of Approval to provide increased landscaping on the Landscape Island to provide proper screening of the drive-thru from the street as approved by staff. Moved by Councilmember Foat, seconded by Councilmember Weigel.

Vote to Adopt Resolution No. 22575, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MINOR AMENDMENTS TO THE SIGN DISTRICT LOCATED AT 5200 EAST RAMON ROAD,"amending the Conditions of Approval to provide increased landscaping on the Landscape Island to provide proper screening of the drive-thru from the street as approved by staff. (Approved)

5.C. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR APPROVAL OF THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE, FROM THE FAMILY YMCA OF THE DESERT, IN THE AMOUNT OF $403,293 AND A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE DESERT FOR THE PROPERTY IN THE AMOUNT OF $1.00 PER YEAR FOR A TEN-YEAR PERIOD:

Staff Report Item 5.C.

Moved to the Consent Calendar as Item 2.K.

5.D. PALM SPRINGS POWER REQUEST FOR AN EXEMPTION AND/OR CONTRACT AMENDMENT TO BE RELIEVED OF CPI INCREASE FOR USE OF THE PALM SPRINGS STADIUM:

Staff Report Item 5.D.

Motion to Approve the waiver of the current CPI adjustment and maintain the current facility rental rate for the balance of the agreement expiring at the end of the Power season. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.

Vote to Approve the waiver of the current CPI adjustment and maintain the current facility rental rate for the balance of the agreement expiring at the end of the Power season. (Approved)

5.E. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2009 ANNUAL RECRUITMENT PROCESS:

Motion to 1) Reappoint Jonathan Westom to the Administrative Appeals Board for the term ending June 30, 2012.

2) Reappoint Robert Gebhard and Norm King to the Airport Commission for the term ending June 30, 2012. 3) Appoint Howard Packer and Barbara Beaty to the Human Rights Commission for the term ending June 30, 2012.

4) Appoint Donna Chaban and Marshall Walker to the Library Board for the term ending June 30, 2012.

5) Reappoint Andrew Starke and Alison Elsner to the Parks and Recreation Commission for the term ending June 30, 2012.

Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.

Vote to 1) Reappoint Jonathan Westom to the Administrative Appeals Board for the term ending June 30, 2012.

2) Reappoint Robert Gebhard and Norm King to the Airport Commission for the term ending June 30, 2012. 3) Appoint Howard Packer and Barbara Beaty to the Human Rights Commission for the term ending June 30, 2012.

4) Appoint Donna Chaban and Marshall Walker to the Library Board for the term ending June 30, 2012.

5) Reappoint Andrew Starke and Alison Elsner to the Parks and Recreation Commission for the term ending June 30, 2012.

(Approved)

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:

Councilmember Weigel requested the City Manager place on a future agenda a discussion to streamline the process on previously approved budgeted items.

Mayor Pro Tem Mills provided an update on Census 2010.

ADJOURNMENT:

Jul 22, 2009 City Council Meeting

Full agenda
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CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

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

PRESENTATIONS:

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

City Clerk Thompson requested Item 4.B. be withdrawn from the Agenda at the request of staff, and stated Item 5.C. could be moved to the Consent Calendar as Item 2.K.

Councilmember Foat requested Item 2.E. be removed from the Consent Calendar for separate discussion.

Mayor Pro Tem Mills noted his business related abstention on Consent Calendar Item 2.H.

Mayor Pougnet noted his abstention on Item 2.B.

Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.

Vote to approve Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. VICEROY HOTEL REVOCATION HEARING, MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT LOCATED AT 415 SOUTH BELARDO ROAD (CASE 5.0909-CUP):

Staff Report Item 1.A.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 22, 2009.

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

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

1.B. DESIGNATION OF THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 55):

Staff Report Item 1.B.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 22, 2009.

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

RON MARSHALL, commented on the history of the Oasis building, the benefits of a Mills Act contract , and requested the City Council support the Class 1 designation.

KATHI HALLOCK , read a letter from the President of the Palm Springs Chamber of Commerce, requesting the City Council not designate the property as a Class 1 site.

JACQUES CAUSSIR, stated his support for the designation of the building as a Class 1 Historic Site.

LAUREN BRICKER, stated her support as a designation of the property as a Class 1 Historic Site.

CHRIS SAHLIN, stated his opposition to the classification of the building as a Class 1 Historic Site.

ROBERT IMBER, stated his support as a designation of the property as a Class 1 Historic Site.

JADE NELSON, stated his support as a designation of the property as a Class 1 Historic Site.

ANDREA URBAS, stated her opposition to the designation of the property as a Class 1 Historic Site.

MAGGIE MONTEZ, stated her opposition to the designation of the property as a Class 1 Historic Site.

FLORENCE HAGSTROM, stated the building has gone through many changes and is not recognizable.

STEVE LYLE, Owner, commented on the discussion and the vote of the HSPB, and stated his opposition to the designation of the building as a Class 1 Historic Site.

MICHAEL KASSINGER, stated his opposition to the designation of the property as a Class 1 Historic Site.

ROB FIRTH, stated his opposition to the designation of the property as a Class 1 Historic Site.

DENNIS CUNNINGHAM, requested the City Council consider the compromise position of the owner.

ERNEST VINCENT, stated his opposition to the designation of the property as a Class 1 Historic Site.

JAMES CIOFFI, stated his opposition to the designation of the property as a Class 1 Historic Site.

PETER MORUZZI, commented on the meaning and ramifications of the designation as a Class 1 site, and stated his support for the designation of the property as a Class 1 Historic Site.

ERIC WILLIAMS, stated his father was the designer of the Oasis building, and commented on the changes, the uniqueness and significance of the building.

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

Vote to 1) Close the public testimony portion of the public hearing and continue to September 16, 2009; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

The City Council recessed at 8:22 p.m.

The City Council reconvened at 8:29 p.m.

PUBLIC COMMENT:

PHYLISS BURGES, commented on the effects within the City due to Proposition 8.

BARBARA NEWMAN, requested the City Council keep all the Fire Stations open in the City of Palm Springs, and commented on the enforcement of dog leash laws.

DENNIS ROSENBERG, commented on the actions of Sun Line toward the taxi industry and City Cab Company.

JOY MEREDITH, commented on the activities of the Palm Springs Business Improvement District.

COUNCILMEMBER COMMENTS:

Councilmember Weigel commented on the recent deaths of two hikers on the mountains in Palm Springs.

CITY MANAGER'S REPORT:

2. CONSENT CALENDAR:

Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., and 2.K. (listed on the Agenda as Item 5.C.). Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Mills.

Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., and 2.K. (listed on the Agenda as Item 5.C.). (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. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

Staff Report Item 2.C.

2.D. ADOPTION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009-10:

Staff Report Item 2.D.

2.F. AUTHORIZE MOTOROLA RADIO SYSTEM SERVICE AGREEMENTS FOR FISCAL YEAR 2009-10:

Staff Report Item 2.F.

2.G. AGREEMENT WITH CYCLONE SURFACE CLEANING FOR AIRPORT RUNWAY SURFACE RUBBER REMOVAL FOR A THREE-YEAR PERIOD IN THE AMOUNT OF $30,000:

Staff Report Item 2.G.

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A0125 WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT EXTENDING THE TERM ONE-YEAR TO JUNE 30, 2011, AND INCREASING THE RENT TO $5,933.16 PER MONTH EFFECTIVE JULY 1, 2010:

Staff Report Item 2.H.

2.I. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE No. 1761, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE TO ALLOW THE CITY MANAGER TO SUSPEND CERTAIN REGULATORY ORDINANCES FOR SPECIAL EVENTS OF BENEFIT TO THE COMMUNITY AND ITS VISITOR ORIENTED ECONOMY:

Staff Report Item 2.I.

2.J. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE No. 1762, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO SEVEN MEMBERS:

Staff Report Item 2.J.

2.K. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR APPROVAL OF THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE, FROM THE FAMILY YMCA OF THE DESERT, IN THE AMOUNT OF $403,293 AND A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE DESERT FOR THE PROPERTY IN THE AMOUNT OF $1.00 PER YEAR FOR A TEN-YEAR PERIOD:

EXCLUDED CONSENT CALENDAR:

2.E. ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES:

Staff Report Item 2.E.

3. LEGISLATIVE:

3.A. ADDING A MEASURE TO THE NOVEMBER 3, 2009, GENERAL MUNICIPAL ELECTION, REDUCING THE TELEPHONE USERS' TAX, MODERNIZING AND UPDATING THE TELEPHONE USERS' TAX PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE, ELIMINATING THE CURRENT EMERGENCY RESPONSE FEE, AND ADOPTING AN ACCESS LINE TAX IN LIEU OF AND IN AMOUNT EQUAL TO THE CURRENT EMERGENCY RESPONSE FEE:

Staff Report Item 3.A.

City Attorney Holland provided background information as outlined in the staff report dated July 22, 2009.

4. UNFINISHED BUSINESS:

Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 4.A., would not participate in the discussion or the vote, and left Council Chamber.

4.A. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE SAN LORENZO SHOULDER PAVING PROJECT, CP 08-05:

Staff Report Item 4.A.

Dave Barakian, City Engineer, provided background information as outlined in the staff report dated July 22, 2009.

Vote to 1) Approve the plans, specifications, and working details for the San Lorenzo Shoulder Paving Project, CP 08-05; and 2) Authorize the bid process. (Approved)

Councilmember Hutcheson returned to the dais.

4.B. REVIEW THE DESIGN OF THE ANIMAL SHELTER:

ACTION: Item withdrawn from the Agenda at the request of staff. By consensus of the City Council.

5. NEW BUSINESS:

5.A. AMENDMENT NO. 4 TO AGREEMENT NO. A4727 WITH PALM SPRINGS DISPOSAL SERVICES FOR SOLID WASTE MANAGEMENT:

Staff Report Item 5.A.

David Barakian, City Engineer, provided background information as outlined in the staff report dated July 22, 2009.

The City Council requested staff address any modifications to existing services.

5.B. THE CHARLES COMPANY (THE SPRINGS) REQUEST FOR MINOR AMENDMENTS TO THE PREVIOUSLY APPROVED SIGN DISTRICT, AT 5200 EAST RAMON ROAD (CASE 5.0984 PD 291-A):

Staff Report Item 5.B.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 22, 2009.

5.C. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR APPROVAL OF THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE, FROM THE FAMILY YMCA OF THE DESERT, IN THE AMOUNT OF $403,293 AND A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE DESERT FOR THE PROPERTY IN THE AMOUNT OF $1.00 PER YEAR FOR A TEN-YEAR PERIOD:

Staff Report Item 5.C.

Moved to the Consent Calendar as Item 2.K.

5.D. PALM SPRINGS POWER REQUEST FOR AN EXEMPTION AND/OR CONTRACT AMENDMENT TO BE RELIEVED OF CPI INCREASE FOR USE OF THE PALM SPRINGS STADIUM:

Staff Report Item 5.D.

Vote to Approve the waiver of the current CPI adjustment and maintain the current facility rental rate for the balance of the agreement expiring at the end of the Power season. (Approved)

5.E. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2009 ANNUAL RECRUITMENT PROCESS:

4) Appoint Donna Chaban and Marshall Walker to the Library Board for the term ending June 30, 2012.

5) Reappoint Andrew Starke and Alison Elsner to the Parks and Recreation Commission for the term ending June 30, 2012.

Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.

4) Appoint Donna Chaban and Marshall Walker to the Library Board for the term ending June 30, 2012.

5) Reappoint Andrew Starke and Alison Elsner to the Parks and Recreation Commission for the term ending June 30, 2012.

(Approved)

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:

Councilmember Weigel requested the City Manager place on a future agenda a discussion to streamline the process on previously approved budgeted items.

Mayor Pro Tem Mills provided an update on Census 2010.

Jul 22, 2009 City Council Meeting

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