Councilmember Mills noted his abstention on Item 2.C. Warrant No. 1049414, and requested Item 2.L. be removed from the Consent Calendar for separate discussion.

Councilmember Foat requested Items 2.H., 2.P., and 2.R. be removed from the Consent Calendar for separate discussion.

City Manager Ready requested the City Council pull Item 2.E. from the Consent Calendar for a brief staff report.

Motion to Accept the agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.

Vote to Accept the agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. FILING OF NUISANCE ABATEMENT LIENS FOR THREE PUBLIC NUISANCES LOCATED AT 693 WEST GATEWAY DRIVE, 1091 SOUTH PASEO DE MARCIA, AND 4237 EAST SUNNY DUNES ROAD:

Staff Report Item 1.A.

Terry Tatum, Director of Building and Safety, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and the following speakers addressed the City Council.

DENNIS MAY, Palm Springs, commented on the substandard conditions at the property located at 1091 South Paseo De Marcia.

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

Councilmember Foat requested staff address the conditions of the property located at 1091 South Paseo De Marcia, and requested staff address other enforcement activities.

Councilmember Hutcheson requested the City Manager review increasing the penalties.

Motion to approve 1) Adopt Resolution No. 22963, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 693 WEST GATEWAY DRIVE;" 2) Adopt Resolution No. 22964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1091 SOUTH PASEO DE MARCIA;" and 3) Adopt Resolution No. 22965, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 4237 EAST SUNNY DUNES ROAD." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.

Vote to approve 1) Adopt Resolution No. 22963, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 693 WEST GATEWAY DRIVE;" 2) Adopt Resolution No. 22964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1091 SOUTH PASEO DE MARCIA;" and 3) Adopt Resolution No. 22965, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 4237 EAST SUNNY DUNES ROAD." (Approved) (Recorded at 00:29:17)

1.B. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2011-12:

Staff Report Item 1.B.

David Barakian, City Engineer, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and no speakers coming forward the public hearing was closed.

1.C. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 5.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE:

Staff Report Item 1.C.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and the following speakers addressed the City Council.

ANGELO SERIO, Applicant, commented on the security plan and the meeting with the Police Department, and requested the City Council continue to support the Conditional Use permit.

REX OLAIRES, commented on the improved security plan, and requested the City Council consider the amendment to the Conditional Use Permit.

MINDY REED, commented on the types of problems at her restaurant near Space 120 since the change in ownership.

JOHN TYMON, commented on the experiences at Space 120 Nightclub, and the separation of the Police Department and the owners of the Club.

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

Councilmember Hutcheson requested the Police Chief address the revised conditions.

Mayor Pro Tem Weigel requested the City Council consider continuing the public hearing and requested the Applicant meet with the Chief of Police to provide a report to the City Council.

Motion to 1) Continue the Public Hearing to July 20, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to 1) Continue the Public Hearing to July 20, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

1.D. ZONE TEXT AMENDMENT TO AMEND POLICIES AND STANDARDS FOR OUTDOOR DISPLAY IN COMMERCIAL ZONES AND RELIGIOUS INSTITUTIONS:

Staff Report Item 1.D.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and the following speakers addressed the City Council.

REV. KEVIN JOHNSON, requested the City Council defer action on the religious institutions, and staff meet and consult with those affected.

JOY MEREDITH, commented on the current conditions for outdoor display regulations differing throughout the central business district.

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

Councilmember Hutcheson requested the City Council continued the regulations with respect to religious institutions.

Mayor Pro Tem Weigel requested the City Council continue both issues addressed in the ordinance.

Councilmember Mills stated allowing outdoor displays has the potential to transform the Downtown to a swap meeting, stated the regulations may be difficult and a nuisance for staff, stated he has reservations of allowing religious institutions in the downtown area, and commented on the definition of a religious institution.

Councilmember Hutcheson stated he would like to hold his comments on the religious institution portion, recommended the Planning Commission review other types of uses outside of the store location in the downtown area, and noted different regulations may work in the different parts of town.

Councilmember Foat commented on the use of outdoor displays and the use of A-frame signs, stated she would support proceeding with the Planning Commission review outdoor displays with City Council review after a period of time, requested staff address religious institutions that rent space on a part time basis, and noted her objection to a church use in the business district.

Mayor Pro Tem Weigel stated City staff needs to talk to the business community and the religious institutions with respect to both of these issues, commented on public safety issues with allowing outdoor displays in the business district.

Councilmember Mills stated a control mechanism and defined area if the City allows outdoor displays in the business district, would request the City Attorney comment on allowing such in the public right-of-way, and requested staff address how to establish regulations that are fair, enforceable, and that would not deteriorate the look of the business district.

Motion to 1) Continue the public hearing; and 2) Direct the City Clerk to renotice the public hearing. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.

Vote to 1) Continue the public hearing; and 2) Direct the City Clerk to renotice the public hearing. (Approved)

2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1794, ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:

Staff Report Item 2.F.

2.G. AMENDMENT NO. 3 TO AGREEMENT NO. A4461 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE STREET AND BRIDGE WIDENING PROJECT (CP 01-11):

Staff Report Item 2.G.

2.I. PROGRAM SUPPLEMENT AGREEMENT NO. N036 WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE RAMON ROAD BRIDGE WIDENING OVER THE WHITEWATER RIVER FEDERAL-AID PROJECT NO. BHLS-5282 (040) (CP 08-25):

Staff Report Item 2.I.

2.J. MAINTENANCE AND REPAIR OF EQUIPMENT AT THE COGENERATION PLANT FOR FISCAL YEAR 2011-12:

Staff Report Item 2.J.

2.K. PLANS AND SPECIFICATIONS FOR AIRPORT PERIMETER FENCE IMPROVEMENTS PHASE II PROJECT AIP GRANT NO. 48:

Staff Report Item 2.K.

2.M. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF LA QUINTA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2014:

Staff Report Item 2.M.

2.N. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2013:

Staff Report Item 2.N.

2.O. ACCEPT THE RESIGNATION OF JOHN GOMES FROM THE BOARD of APPEALS:

Staff Report Item 2.O.

2.Q. CONSTRUCTION DRAWINGS FOR DEMUTH PARK COMMUNITY GARDEN ON THE SOUTH SIDE OF THE DEMUTH PARK COMMUNITY CENTER LOCATED AT 3601 E. MESQUITE AVENUE:

Staff Report Item 2.Q.

2.T. POLICE CLOSED CIRCUIT TELEVISION CAMERA SYSTEM REPAIRS, UPGRADE, AND MAINTENANCE SERVICES:

2.U. GRANT FUNDING IN THE AMOUNT OF $45,000.00 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:

Staff Report Item 2.U.

EXCLUDED CONSENT CALENDAR:

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MAY 2011:

Staff Report Item 2.D.

Councilmember Hutcheson requested staff address the installation of the Trailhead signs.

Motion to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2011. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.

Vote to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2011. (Approved) (Recorded at 02:08:21)

2.E. NATIONAL FLOOD INSURANCE PROGRAM RATING FROM U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY:

Staff Report Item 2.E.

City Manager Ready requested David Barakian, City Engineer, provide an update on the City’s National Flood Insurance rating.

Motion to approve Receive and file. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to approve Receive and file. (Approved)

2.H. PROGRAM SUPPLEMENT AGREEMENT NO. N035 WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER FEDERAL-AID PROJECT NO. BR-NBIL (513) (CP 10-10):

Staff Report Item 2.H.

Councilmember Foat requested staff address the improvements and highlight the project.

Motion to Adopt Resolution No. 22986, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N035 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $885,300, FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. BR-NBIL (513), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS (CP 10-10)." A6121. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Adopt Resolution No. 22986, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N035 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $885,300, FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. BR-NBIL (513), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS (CP 10-10)." A6121. (Approved)

2.L. REFURBISHMENT AND LED RETROFIT OF HOLIDAY LIGHTING:

Staff Report Item 2.L.

Councilmember Mills requested staff address the brightness of the proposed lighting.

Motion to approve 1) Approve a purchase order for the refurbishment and LED retrofit of the holiday lighting with The Jarvis Company in an amount not to exceed $50,922; and 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to approve 1) Approve a purchase order for the refurbishment and LED retrofit of the holiday lighting with The Jarvis Company in an amount not to exceed $50,922; and 2) Authorize the City Manager to execute all necessary documents. (Approved) (Recorded at 02:17:45)

2.P. RESOLUTION IN SUPPORT OF A STATEWIDE HEALTHY EATING ACTIVE LIVING (HEAL) PROGRAM:

Staff Report Item 2.P.

Councilmember Foat requested staff the address the methods of promoting the program.

Motion to Adopt Resolution No. 22988, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF HEALTHY ACTIVE LIVING AND SUSTAINABLE COMMUNITIES." Moved by Councilmember Foat, seconded by Councilmember Mills.

Vote to Adopt Resolution No. 22988, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF HEALTHY ACTIVE LIVING AND SUSTAINABLE COMMUNITIES." (Approved)

2.R. PURCHASE THE SCULPTURE ENTITLED "MADEMOISELLE COCO" IN THE AMOUNT OF $12,500 FOR PLACEMENT AT THE CITY'S NEW ANIMAL CARE FACILITY LOCATED AT 4575 EAST MESQUITE AVENUE AND APPROVE AN AGREEMENT FOR PURCHASE OF PUBLIC ARTWORK FROM ARTISTS KAREN AND TONY BARONE:

Councilmember Foat expressed her thanks to the Public Arts Commission for the purchase of the sculpture for placement at the Animal Shelter, and noted a correction to the agreement to reflect the correct artwork.

Motion to 1) Approve the purchase of "Mademoiselle Coco" for placement at 4575 East Mesquite Avenue; 2) Approve an Agreement for Purchase and Sale of Public Artwork with Karen and Tony Barone in the amount of $12,500, in a form acceptable to the City Attorney, correcting the agreement to provide for the purchase of Mademoiselle Coco; and 3) Authorize the City Manager to execute all necessary documents. A6123. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to 1) Approve the purchase of "Mademoiselle Coco" for placement at 4575 East Mesquite Avenue; 2) Approve an Agreement for Purchase and Sale of Public Artwork with Karen and Tony Barone in the amount of $12,500, in a form acceptable to the City Attorney, correcting the agreement to provide for the purchase of Mademoiselle Coco; and 3) Authorize the City Manager to execute all necessary documents. A6123. (Approved)

2.S. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS:

Staff Report Item 2.S.

Councilmember Hutcheson requested staff address the vacant lot improvements, and requested staff proceed with marketing.

Motion to [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1423, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS." [CITY COUNCIL] 2) Adopt Resolution No. 22989, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS;" 3) Adopt Resolution No. 22990, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO SECTION 33445 AND SECTION 33445.1 OF THE CALIFORNIA HEALTH & SAFETY CODE RELATING TO THE FINANCING OF CERTAIN REAL PROPERTY IMPROVEMENTS BY THE COMMUNITY REDEVELOPMENT AGENCY AND ACQUISITION OF REAL PROPERTY BY THE CITY OF PALM SPRINGS TO EFFECTUATE THE REDEVELOPMENT PLAN IN THE MERGED PROJECT AREA NO. 1;" and 4) Authorize the City Manager/Executive Director or his designee to execute all necessary documents. A6124. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.

Vote to [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1423, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS." [CITY COUNCIL] 2) Adopt Resolution No. 22989, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS;" 3) Adopt Resolution No. 22990, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO SECTION 33445 AND SECTION 33445.1 OF THE CALIFORNIA HEALTH & SAFETY CODE RELATING TO THE FINANCING OF CERTAIN REAL PROPERTY IMPROVEMENTS BY THE COMMUNITY REDEVELOPMENT AGENCY AND ACQUISITION OF REAL PROPERTY BY THE CITY OF PALM SPRINGS TO EFFECTUATE THE REDEVELOPMENT PLAN IN THE MERGED PROJECT AREA NO. 1;" and 4) Authorize the City Manager/Executive Director or his designee to execute all necessary documents. A6124. (Approved)

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR WILLAMETTE CAPITAL MANAGEMENT LTD IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON THE PREMISES AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE (CASE 5.1039-PCN):

Staff Report Item 5.A.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011.

Motion to Adopt Resolution No. 22992, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to Adopt Resolution No. 22992, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE." (Approved)

5.B. TRAFFIC CALMING UPDATE AND DISCUSSION:

David Barakian, City Engineer, provided a verbal report on the re-stripping plan in the Baristo neighborhood.

Councilmember Hutcheson recommended the re-stripping in the Baristo neighborhood.

Councilmember Mills stated if the City had further funds, the project could be improved.

Councilmember Foat commented on the look of the re-stripping plan.

Motion to Approve the conceptual re-stripping plan. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.

Vote to Approve the conceptual re-stripping plan. (Approved)

5.C. AMENDMENT NO. 1 TO A REMODEL INCENTIVE AGREEMENT WITH VENCE VENTURES, LLC, ON BEHALF OF LULU CALIFORNIA BISTRO LOCATED AT 200 SOUTH PALM CANYON DRIVE IN THE AMOUNT OF $100,000:

Staff Report Item 5.C.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 6, 2011.

Councilmember Foat commented on the progress and the ambiance of the renovations, the issues experienced by the owner, requested staff look at options and vendors for plan check and approval, and recommended the City Council provide for an August 15th opening.

Councilmember Mills commented on the potential of the property, the quality of the renovation, stated his support for the amendment, and recommended staff review the submittal, processing time, and completion time by the contract plan consultant.

Councilmember Hutcheson commented on the turn around time by the City's plan check consulting time and recommended staff review the contractor, commented on the improvements to the property, and noted the benefits to the community.

Motion to 1) Approve Amendment No. 1 to Remodel Incentive Agreement No. A6082 with Vence Ventures, LLC for LULU California Bistro located at 200 South Palm Canyon Drive, amending the agreement to provide for an opening date of August 15, 2011; and 2) Authorize the City Manager to execute all necessary documents. A6082. Moved by Councilmember Mills, seconded by Councilmember Foat.

Vote to 1) Approve Amendment No. 1 to Remodel Incentive Agreement No. A6082 with Vence Ventures, LLC for LULU California Bistro located at 200 South Palm Canyon Drive, amending the agreement to provide for an opening date of August 15, 2011; and 2) Authorize the City Manager to execute all necessary documents. A6082. (Approved)

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.

ADJOURNMENT:

Jul 06, 2011 City Council Meeting

Full agenda
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CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION:

Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:05:24)

PRESENTATIONS:

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

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

Councilmember Mills noted his abstention on Item 2.C. Warrant No. 1049414, and requested Item 2.L. be removed from the Consent Calendar for separate discussion.

Councilmember Foat requested Items 2.H., 2.P., and 2.R. be removed from the Consent Calendar for separate discussion.

City Manager Ready requested the City Council pull Item 2.E. from the Consent Calendar for a brief staff report.

Motion to Accept the agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.

Vote to Accept the agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. FILING OF NUISANCE ABATEMENT LIENS FOR THREE PUBLIC NUISANCES LOCATED AT 693 WEST GATEWAY DRIVE, 1091 SOUTH PASEO DE MARCIA, AND 4237 EAST SUNNY DUNES ROAD:

Staff Report Item 1.A.

Terry Tatum, Director of Building and Safety, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and the following speakers addressed the City Council.

DENNIS MAY, Palm Springs, commented on the substandard conditions at the property located at 1091 South Paseo De Marcia.

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

Councilmember Foat requested staff address the conditions of the property located at 1091 South Paseo De Marcia, and requested staff address other enforcement activities.

Councilmember Hutcheson requested the City Manager review increasing the penalties.

1.B. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2011-12:

Staff Report Item 1.B.

David Barakian, City Engineer, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and no speakers coming forward the public hearing was closed.

1.C. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 5.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE:

Staff Report Item 1.C.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and the following speakers addressed the City Council.

ANGELO SERIO, Applicant, commented on the security plan and the meeting with the Police Department, and requested the City Council continue to support the Conditional Use permit.

REX OLAIRES, commented on the improved security plan, and requested the City Council consider the amendment to the Conditional Use Permit.

MINDY REED, commented on the types of problems at her restaurant near Space 120 since the change in ownership.

JOHN TYMON, commented on the experiences at Space 120 Nightclub, and the separation of the Police Department and the owners of the Club.

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

Councilmember Hutcheson requested the Police Chief address the revised conditions.

Mayor Pro Tem Weigel requested the City Council consider continuing the public hearing and requested the Applicant meet with the Chief of Police to provide a report to the City Council.

Motion to 1) Continue the Public Hearing to July 20, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to 1) Continue the Public Hearing to July 20, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

1.D. ZONE TEXT AMENDMENT TO AMEND POLICIES AND STANDARDS FOR OUTDOOR DISPLAY IN COMMERCIAL ZONES AND RELIGIOUS INSTITUTIONS:

Staff Report Item 1.D.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011.

Mayor Pro Tem Weigel opened the public hearing, and the following speakers addressed the City Council.

REV. KEVIN JOHNSON, requested the City Council defer action on the religious institutions, and staff meet and consult with those affected.

JOY MEREDITH, commented on the current conditions for outdoor display regulations differing throughout the central business district.

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

Councilmember Hutcheson requested the City Council continued the regulations with respect to religious institutions.

Mayor Pro Tem Weigel requested the City Council continue both issues addressed in the ordinance.

Motion to 1) Continue the public hearing; and 2) Direct the City Clerk to renotice the public hearing. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.

Vote to 1) Continue the public hearing; and 2) Direct the City Clerk to renotice the public hearing. (Approved)

PUBLIC COMMENT:

LOTHAR VASHOLZ, Salvation Army, introduced new officers of the Salvation Army, and noted the upcoming projects and goals of the Salvation Army.

DAVID CARDEN, Palm Springs, commented on Item 5.B., traffic calming project in the Baristo Neighborhood.

CHRIS WITHAM, commented on recent code violations he received for maintenance standards.

JOHN TYMON, commented on Club 120, and commented on the grant to Lulu California Bistro.

JOY MEREDITH, commented on Item 2.L. Holiday Lighting upgrade, and the Police Downtown security program.

DAVID MARTIN, commented on Item 5.A., and spoke in support of the Horizon Hotel request for on-site bar.

The City Council recessed at 8:07 p.m.

The City Council reconvened at 8:11.

COUNCILMEMBER COMMENTS:

Councilmember Foat requested the City Manager follow-up on the Code Enforcement issue brought up by Chris Witham.

Councilmember Mills requested staff to initiate a modification to the sign ordinance with respect to Barber Poles.

Mayor Pro Tem Weigel requested the City Manager review and address pet clean-up stations in public parks.

CITY MANAGER’S REPORT: None.

2. CONSENT CALENDAR:

Motion to approve Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.I., 2.J., 2.K., 2.M., 2.N., 2.O., 2.Q., 2.T., and 2.U. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to approve Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.I., 2.J., 2.K., 2.M., 2.N., 2.O., 2.Q., 2.T., and 2.U. (Approved)

2.A. REPORT ON THE 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.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1794, ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:

Staff Report Item 2.F.

2.G. AMENDMENT NO. 3 TO AGREEMENT NO. A4461 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE STREET AND BRIDGE WIDENING PROJECT (CP 01-11):

Staff Report Item 2.G.

2.I. PROGRAM SUPPLEMENT AGREEMENT NO. N036 WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE RAMON ROAD BRIDGE WIDENING OVER THE WHITEWATER RIVER FEDERAL-AID PROJECT NO. BHLS-5282 (040) (CP 08-25):

Staff Report Item 2.I.

2.J. MAINTENANCE AND REPAIR OF EQUIPMENT AT THE COGENERATION PLANT FOR FISCAL YEAR 2011-12:

Staff Report Item 2.J.

2.K. PLANS AND SPECIFICATIONS FOR AIRPORT PERIMETER FENCE IMPROVEMENTS PHASE II PROJECT AIP GRANT NO. 48:

Staff Report Item 2.K.

2.M. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF LA QUINTA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2014:

Staff Report Item 2.M.

2.N. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2013:

Staff Report Item 2.N.

2.O. ACCEPT THE RESIGNATION OF JOHN GOMES FROM THE BOARD of APPEALS:

Staff Report Item 2.O.

2.Q. CONSTRUCTION DRAWINGS FOR DEMUTH PARK COMMUNITY GARDEN ON THE SOUTH SIDE OF THE DEMUTH PARK COMMUNITY CENTER LOCATED AT 3601 E. MESQUITE AVENUE:

Staff Report Item 2.Q.

2.T. POLICE CLOSED CIRCUIT TELEVISION CAMERA SYSTEM REPAIRS, UPGRADE, AND MAINTENANCE SERVICES:

2.U. GRANT FUNDING IN THE AMOUNT OF $45,000.00 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:

Staff Report Item 2.U.

EXCLUDED CONSENT CALENDAR:

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MAY 2011:

Staff Report Item 2.D.

Councilmember Hutcheson requested staff address the installation of the Trailhead signs.

Vote to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2011. (Approved) (Recorded at 02:08:21)

2.E. NATIONAL FLOOD INSURANCE PROGRAM RATING FROM U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY:

Staff Report Item 2.E.

City Manager Ready requested David Barakian, City Engineer, provide an update on the City’s National Flood Insurance rating.

Motion to approve Receive and file. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to approve Receive and file. (Approved)

2.H. PROGRAM SUPPLEMENT AGREEMENT NO. N035 WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER FEDERAL-AID PROJECT NO. BR-NBIL (513) (CP 10-10):

Staff Report Item 2.H.

Councilmember Foat requested staff address the improvements and highlight the project.

2.L. REFURBISHMENT AND LED RETROFIT OF HOLIDAY LIGHTING:

Staff Report Item 2.L.

Councilmember Mills requested staff address the brightness of the proposed lighting.

2.P. RESOLUTION IN SUPPORT OF A STATEWIDE HEALTHY EATING ACTIVE LIVING (HEAL) PROGRAM:

Staff Report Item 2.P.

Councilmember Foat requested staff the address the methods of promoting the program.

Vote to Adopt Resolution No. 22988, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF HEALTHY ACTIVE LIVING AND SUSTAINABLE COMMUNITIES." (Approved)

2.R. PURCHASE THE SCULPTURE ENTITLED "MADEMOISELLE COCO" IN THE AMOUNT OF $12,500 FOR PLACEMENT AT THE CITY'S NEW ANIMAL CARE FACILITY LOCATED AT 4575 EAST MESQUITE AVENUE AND APPROVE AN AGREEMENT FOR PURCHASE OF PUBLIC ARTWORK FROM ARTISTS KAREN AND TONY BARONE:

2.S. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS:

Staff Report Item 2.S.

Councilmember Hutcheson requested staff address the vacant lot improvements, and requested staff proceed with marketing.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR WILLAMETTE CAPITAL MANAGEMENT LTD IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON THE PREMISES AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE (CASE 5.1039-PCN):

Staff Report Item 5.A.

Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011.

5.B. TRAFFIC CALMING UPDATE AND DISCUSSION:

David Barakian, City Engineer, provided a verbal report on the re-stripping plan in the Baristo neighborhood.

Councilmember Hutcheson recommended the re-stripping in the Baristo neighborhood.

Councilmember Mills stated if the City had further funds, the project could be improved.

Councilmember Foat commented on the look of the re-stripping plan.

Motion to Approve the conceptual re-stripping plan. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.

Vote to Approve the conceptual re-stripping plan. (Approved)

5.C. AMENDMENT NO. 1 TO A REMODEL INCENTIVE AGREEMENT WITH VENCE VENTURES, LLC, ON BEHALF OF LULU CALIFORNIA BISTRO LOCATED AT 200 SOUTH PALM CANYON DRIVE IN THE AMOUNT OF $100,000:

Staff Report Item 5.C.

John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 6, 2011.

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.

ADJOURNMENT:

Jul 06, 2011 City Council Meeting

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