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City Council Meeting

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA

Steve Pougnet, Mayor
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Lee Weigel, Councilmember

City of Palm Springs Vision Statement: Palm Springs aspires to be a unique world class desert community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible, sustainable economic growth and to enhance our natural desert beauty. We are committed to providing responsive, friendly and efficient customer service in an environment that fosters unity among all our citizens.

David H. Ready, Esq., Ph.D., City Manager
James Thompson, City Clerk
Douglas C. Holland, City Attorney
Thomas Wilson, Assistant City Manager
Geoffrey S. Kiehl, City Treasurer

Any person who wishes to speak regarding an item on the agenda or on a subject within the City’s jurisdiction during the “Public Comments” portion of the agenda must file a “Speaker Card” with the City Clerk BEFORE that portion of the agenda is called. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda.

Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak at a Public Hearing must file a “Speaker Card” with the City Clerk BEFORE the Public Hearing is called.

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk, Palm Springs Library and the Palm Springs Police Station. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.

Please note, any agenda item which has not been initiated by 10:00 P.M. may be continued to a subsequent meeting.

City Council meetings are webcast live on the City’s website www.palmspringsca.gov and cablecast live on PSCTV Channel 17. Meetings are re-broadcast (following the meeting) on Thursday at 8:00 P.M., Saturday at 1:30 P.M. and Tuesday at 7:00 P.M.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

4:30 P.M. CLOSED SESSION
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

CALL TO ORDER:

PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Items contained only on the Closed Session Agenda.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

6:00 P.M. CITY COUNCIL REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries.

ROLL CALL:

PRESENTATIONS:

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or “no” votes on Consent Calendar items, and request Consent Calendar items be removed from the consent calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

1. PUBLIC HEARINGS: 

1.A. HEARING ON THE STATEMENT OF EXPESNES AND SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT FOR THE PROPERTY LOCATED AT 2500 WHITEWATER CLUB DRIVE:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. _____, “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 AND SPECIAL ASSESSMENT LOCATED AT 2500 WHITEWATER CLUB DRIVE.”

1.B. LA SERENA VILLAS DESIGNATION OF THE PROPERTY LOCATED AT 339 SOUTH BELARDO ROAD AN HISTORIC SITE (CASE HSPB-69):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE HSPB RECOMMENDATION FOR CLASS 1 DESIGNATION AND DESIGNATING ‘LA SERENA VILLAS’ LOCATED AT 339 SOUTH BELARDO ROAD AS A CLASS 2 HISTORIC SITE.”

1.C. WEST FACADE OF THE PALM SPRINGS INTERNATIONAL AIRPORT DESIGNATION OF A PORTION OF THE PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY AS A CLASS 1 HISTORIC SITE (CASE HSBP-70):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE WEST FACADE OF THE PALM SPRINGS INTERNATIONAL AIRPORT AT 3400 TAHQUITZ CANYON WAY AS A CLASS 1 HISTORIC SITE.”

PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Consent Calendar and other agenda items; and items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Three (3) minutes assigned for each speaker. Testimony for Public Hearings will only be taken at the time of the hearing.

COUNCILMEMBER COMMENTS: This portion of the meeting is set aside for brief general comments, and/or other issues of concern from members of the City Council.

CITY MANAGER’S REPORT: This time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

2. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Approval of the Agenda. The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for introduction or adoption.

2.A. REPORT ON POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the April 15, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: 1) Approve the City Council Minutes of April 8, 2009; 2) Approve the City Council Minutes of April 1, 2009; and 3) Approve the City Council/Community Redevelopment Agency Minutes of March 25, 2009.

2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1034399 THROUGH 1034601 IN THE AGGREGATE AMOUNT OF $3,061,819.29, DRAWN ON BANK OF AMERICA;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1034602 THROUGH 1034677 IN THE AGGREGATE AMOUNT OF $922,359.00, DRAWN ON BANK OF AMERICA;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-21-09 BY WARRANTS NUMBERED 414489 THROUGH 414528 TOTALING $65,256.90, LIABILITY CHECKS NUMBERED 1034678 THROUGH 1034698 TOTALING $153,111.53, FOUR WIRE TRANSFERS FOR $63,333.08, AND THREE ELECTRONIC ACH DEBITS OF $1,161,944.82, IN THE AGGREGATE AMOUNT OF $1,443,646.33, DRAWN ON BANK OF AMERICA;” and 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1034699 THROUGH 1034844 IN THE AGGREGATE AMOUNT OF $1,022,389.34, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR MARCH, 2009:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period March 1, 2009 through March 31, 2009.

2.E. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2009:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of February 28, 2009.

2.F. AMENDMENT TO THE AGREEMENT WITH GEORGE MIERS AND ASSOCIATES FOR ARCHITECTURAL SERVICES FOR THE PALM SPRINGS ANIMAL SHELTER AND ESTABLISHING A MASTER BUDGET:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5672 with George Miers and Associates, adjusting the redesign threshold from 2.5% to 5% and establishing the Master Budget of $6,000,000; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A5672.

2.G. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE CULTURAL MUSEUM:
RECOMMENDATION: 1) Approve a Memorandum of Understanding with the Agua Caliente Cultural Museum, to act as the designated local public agency for grant funding; and 2) Authorize the City Manager to execute the MOU and all documents necessary for the grant funding. A____.

2.H. APPROVE AMENDMENT NO. 5 TO THE AGREEMENT FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C, AND LATERAL 20CA PROJECT (CITY PROJECT NO. 05-20):
RECOMMENDATION: 1) Approve Amendment No. 5 to Agreement No. A5275 with Engineering Resources of Southern California, Inc., in the amount of $46,780, for a total revised contract amount of $729,950, for the Palm Springs Storm Drain Line 6A and Line 8 (City Project No. 05-20); and 2) Authorize the City Manager to execute the Agreement. A5275.

2.I. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 08-022):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC UTILITY EASEMENTS LOCATED WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST FILE R 08-022.”

2.J. AWARD OF CONTRACT FOR THE SAFE ROUTES TO SCHOOL, STATE FUNDED PROJECT (CITY PROJECT NO. 08-06):
RECOMMENDATION: 1) Approve an Agreement with Contreras Construction Co., in the amount of $213,573 for Bid Schedules A, B, C, and D for the Safe Routes to School Project (City Project No. 08-06);” and 2) Authorize the City Manager to execute the Agreement. A____.

2.K. AWARD CONSTRUCTION CONTRACT TO CASS CONSTRUCTION, INC. AND A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF FLOOD CONTROL IMPROVEMENTS PALM SPRINGS STORM DRAIN LINE 22 (CITY PROJECT No. 07-15):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS AND TAKING CERTAIN OTHER ACTIONS RELATING TO THE PALM SPRINGS STORM DRAIN LINE 22, STAGE 2, CITY PROJECT NO. 07-15).” A____. A____.

2.L. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC. FOR THE DESIGN PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
RECOMMENDATION: Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $252,048.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03).

2.M. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING ADDITIONAL FUNDING FOR THE FACADE IMPROVEMENT PROGRAM FOR THE DOWNTOWN AND UPTOWN AREAS:
RECOMMENDATION: 1) Approve an additional $50,000 funding (for a revised total of $150,000) for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program.

2.N. APPROVE PURCHASE OF 2 NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT:
RECOMMENDATION: Approve the cooperative purchase of two (2) new 2009 Ford Crown Victoria Police Interceptors in the amount of $24,086 each, for a total purchase amount of $48,172 from Wondries Ford of Alhambra, California.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

4.A. NAMING THE PUBLIC ENTRY FOUNTAIN AT THE PALM SPRINGS INTERNATIONAL AIRPORT IN MEMORY OF FORMER MAYOR FRANK M. BOGERT AS DONATED BY PEARL McCALLUM McMANUS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, NAMING THE PUBLIC ENTRY FOUNTAIN AT THE PALM SPRINGS INTERNATIONAL AIRPORT IN MEMORY OF FORMER MAYOR FRANK M. BOGERT, THE MAYOR FRANK M. BOGERT MEMORIAL FOUNTAIN AS DONATED BY PEARL McCALLUM McMANUS.”

5. NEW BUSINESS:

5.A. PURCHASE OF ARTWORK "INTERSECTING CUBES" AND APPROVE AN AGREEMENT FOR PLACEMENT OF THE ARTWORK ON PRIVATE PROPERTY IN THE UPTOWN DISTRICT AT 787 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve an Agreement with Brian Biedul for the purchase of the artwork Intersecting Cubes in the amount of $58,000; 2) Approve an agreement with James M. Casey, Trustee of Sweet Pea Trust, for the placement of artwork on private property and Grant of Easement for the property located at 787 North Palm Canyon Drive; and 3) Authorize the City Manager to execute the agreements and all documents in a form acceptable to the City Attorney. A____. A____.

5.B. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE PALM SPRINGS WASTEWATER TREATMENT PLANT:
RECOMMENDATION: Appoint two-members of the City Council to a City Council Subcommittee to address the Palm Springs Wastewater Treatment Plant.

5.C. FISCAL YEAR 2008-09 THIRD QUARTER BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.D. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE FISCAL YEAR 2009-10 BUDGET:
RECOMMENDATION: 1) Appoint two-members of the City Council to a City Council Subcommittee to study the proposed Fiscal Year 2009-10 Budget.

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Additional general comments, reports, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time.

ADJOURNMENT: The City Council will adjourn to a Regular Meeting, Wednesday, May 6, 2009, at 6:00 P.M., Council Chamber, City Hall, preceded by a Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The City Council will not hold Study Sessions on April 22, 2009 or April 29, 2009.

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