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City Council Meeting

Wednesday, July 1, 2009

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.


5:00 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. REGULAR MEETING
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

 
CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION: Pastor David Sanger, Our Savior’s Community Church.

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. ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC, APPLICATION FOR A CONDITIONAL USE PERMIT AND VARIANCE TO INSTALL A 60 FOOT TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AT 1776 NORTH PALM CANYON DRIVE (CASE 5.0902-C AND 6.516):
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, APPROVING CONDITIONAL USE PERMIT 5.0902-C TO INSTALL A SIXTY FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE 6.516 TO EXCEED MAXIMUM ANTENNA HEIGHT AND REDUCE THE ANTENNA SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 1776 NORTH PALM CANYON DRIVE.”

1.B. VICEROY HOTEL CONSIDERATION OF A REVOCATION OR MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT LOCATED AT 415 SOUTH BELARDO ROAD (CASE 5.090-CUP):
RECOMMENDATION:
1) Continue the Public Hearing to July 15, 2009, with no public testimony at this time; and 2) Direct the City Clerk to post a notice of continuance.

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 July 1, 2009, City Council Agenda. 

2.B. TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2009:
RECOMMENDATION:
Receive and file the City Treasurer’s Investment Report as of May 31, 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 1035994 THROUGH 1036196 IN THE AGGREGATE AMOUNT OF $1,868,631.03, DRAWN ON BANK OF AMERICA;” 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 1036197 THROUGH 1036271 IN THE AGGREGATE AMOUNT OF $150,909.57, 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 6-13-09 BY WARRANTS NUMBERED 414728 THROUGH 414759 TOTALING $48,965.37, LIABILITY CHECKS NUMBERED 1036272 THROUGH 1036292 TOTALING $152,009.04, FIVE WIRE TRANSFERS FOR $62,458.20, AND THREE ELECTRONIC ACH DEBITS OF $1,045,583.35, IN THE AGGREGATE AMOUNT OF $1,309,015.96, 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 WARRANT NUMBERED 1036293, IN THE AMOUNT OF $117,376.88, DRAWN ON BANK OF AMERICA.”

2.D. AMENDMENT NO. 9 TO THE AMENDED AND RESTATED WASTEWATER SERVICES AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING SERVICES, INC., FORMERLY VEOLIA WATER NORTH AMERICA-WEST, LLC:
RECOMMENDATION:
1) Approve Amendment No. 9 to the Amended and Restated Wastewater Services Agreement No. A4123 with Veolia West Operating Services, Inc., formerly Veolia Water North America-West, LLC; and 2) Authorize the City Manager to execute all necessary documents. A4123.

2.E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, CP 06-03, FEDERAL AID PROJECT NO. ESPLE-5282 (027):
RECOMMENDATION:
Approve the plans, specifications, and working details, and authorize bidding for the Gene Autry Trail Gateway Landscape Improvement Project (CP 06-03).

2.F. AWARD OF CONTRACT FOR THE PALM SPRINGS HIGH SCHOOL TRAFFIC SIGNAL INSTALLATION AT BARISTO ROAD (CP 07-13):
RECOMMENDATION:
1) Approve an agreement for the Palm Springs Highs School Traffic Signal Installation Project (CP 07-13); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. AMENDMENT NO. 2 TO AGREEMENT NO. A5090 FOR REAL PROPERTY SERVICES WITH RIVERSIDE COUNTY FOR THE INDIAN AVENUE / INTERSTATE 10 INTERCHANGE (CP 00-14):
RECOMMENDATION:
1) Approve Second Amendment to Agreement No. A5090 with the County of Riverside, in the amount of $60,000 for a revised total contract amount of $259,800 for real property services associated with the Indian Avenue/Interstate 10 Interchange (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A5090.


2.H. CHANGE ORDER NO. 1 TO COMMUNITY REDEVELOPMENT AGENCY AGREEMENT NO. A5853 WITH G & M CONSTRUCTION FOR THE SOUTH PALM CANYON DRIVE WIDENING PROJECT (CP 05-03):
RECOMMENDATION:
1) Approve Change Order No. 1 to Community Redevelopment Agency Agreement No. A5853 with G&M Construction, in the amount of $378,603.96 for a revised total contract amount of $970,137.14 for the South Palm Canyon Drive Widening Project (CP 05-03); and 2) Authorize the Assistant Executive Director, or his designee, to execute all necessary documents. A5853.

2.I. DESIGNATION OF A VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 16-18, 2009:
RECOMMENDATION:
Appoint Councilmember Hutcheson as the Voting Delegate for the 2009 League of California Cities Annual Conference in San Jose, California, September 16-18, 2009. 

2.J. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2012:
RECOMMENDATION:
Appoint Commissioner Samuel Medrano, as the City of Cathedral City representative, to the Palm Springs International Airport Commission for the term ending June 30, 2012.

2.K. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2011:
RECOMMENDATION:
Appoint Robert Wilmeth, as the City of Indian Wells representative, to the Palm Springs International Airport Commission for the term ending June 30, 2011. 

2.L. APPROVE AN AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT ADMINISTRATION:
RECOMMENDATION:
1) Approve an agreement with NBS Government Finance Group for assessment district administration services for Fiscal Year 2009-10, in an amount not to exceed $28,800; and 2) Authorize the City Manager to execute all necessary documents. A5668. 

2.M. ACCEPT WITH REGRET THE RESIGNATION OF MARK SPOHN FROM THE VILLAGEFEST BOARD FOR THE TERM ENDING JUNE 30, 2010:
RECOMMENDATION:
1) Accept the resignation of Mark Spohn; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010; and 3) Direct the City Clerk to fill the vacancy as part of the 2009 Annual Recruitment of Commissions and Boards. 

2.N. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE CITY ATTORNEY AND AGENCY LEGAL COUNSEL TO COOPERATE WITH THE CALIFORNIA REDEVELOPMENT ASSOCIATION, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF REDEVELOPMENT FUNDS:
RECOMMENDATION:
Adopt City Council Resolution No. _____ and Community Redevelopment Agency Resolution No. ____, “A JOINT RESOLUTION OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY/AGENCY LEGAL COUNSEL TO COOPERATE WITH THE CALIFORNIA REDEVELOPMENT ASSOCIATION, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF REDEVELOPMENT FUNDS.”

2.O. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING AN AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT WITH IRP EL PORTAL ASSOCIATES, LLC ASSOCIATED WITH TENTATIVE TRACT MAP 30050:
RECOMMENDATION CITY COUNCIL:
1) Approve the amended conditions of approval for Tentative Tract Map 30050; 2) Approve the Amended and Restated Subdivision Improvement Agreement No. A4955 by and between the City of Palm Springs and Community Redevelopment Agency of the City of Palm Springs and IRP El Portal Associates, LLC associated with Tentative Tract Map 30050; and 3) Authorize the City Manager to execute all necessary documents.
RECOMMENDATION COMMUNITY REDEVELOPMENT AGENCY: 1) Approve the Amended and Restated Subdivision Improvement Agreement No. A4955 by and between the City of Palm Springs and Community Redevelopment Agency of the City of Palm Springs and IRP El Portal Associates, LLC associated with Tentative Tract Map 30050; and 2) Authorize the Executive Director to execute all necessary documents. A4955.

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS: None.

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, July 15, 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.





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