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City Council Meeting

November 18, 2009

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
HUMAN RIGHTS COMMISSION
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 and the Palm Springs Library. 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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Rabbi Sally Olins, Temple Isaiah.

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. JOINT MEETING OF THE CITY COUNCIL AND THE HUMAN RIGHTS COMMISSION: (6:00 P.M. TO 7:00 P.M.)

1.A. HUMAN RIGHTS COMMISSION REPORT ON RECENT ACCOMPLISHMENTS, DISCUSS GOALS AND UPCOMING PROJECTS:
RECOMMENDATION: 1) Accept public comment on matters of the City Council and the Human Rights Commission; and 2) Direct the Commission and staff as appropriate.

The Human Rights Commission will adjourn.

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 November 18, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 28, 2009, and November 4, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 10-17-09 BY WARRANTS NUMBERED 415113 THROUGH 415149 TOTALING $75,490.35, LIABILITY CHECKS NUMBERED 1038543 THROUGH 1038564 TOTALING $142,871.26, FIVE WIRE TRANSFERS FOR $99,985.25, AND THREE ELECTRONIC ACH DEBITS OF $1,111,031.33, IN THE AGGREGATE AMOUNT OF $1,429,378.19, 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 1038565 THROUGH 1038669 IN THE AGGREGATE AMOUNT OF $1,310,203.42, 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 10-31-09 BY WARRANTS NUMBERED 415150 THROUGH 415185 TOTALING $58,470.87, LIABILITY CHECKS NUMBERED 1038670 THROUGH 1038691 TOTALING $141,617.31, FIVE WIRE TRANSFERS FOR $52,450.68, AND THREE ELECTRONIC ACH DEBITS OF $1,120,578.96, IN THE AGGREGATE AMOUNT OF $1,373,117.82, 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 1038692 THROUGH 1038836 IN THE AGGREGATE AMOUNT OF $1,311,867.12, DRAWN ON BANK OF AMERICA.”

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

2.E. AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, FOR USE OF THE PALM SPRINGS POLICE DEPARTMENT’S FIREARM RANGE:
RECOMMENDATION: 1) Approve a facilities use agreement with the State of California, Department of Corrections, to use the Palm Springs Police Department’s Firearm Range, in the amount of $6,000, for a two-year period, through June 30, 2011; and 2) Authorize the City Manager to execute the Agreement. A5335.

2.F. REAFFIRM THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS:
RECOMMENDATION: Reaffirm the City’s Investment Policy governing the investment of City funds, as adopted by Resolution No. 21946, dated June 20, 2007.

2.G. ACCEPT THE RESIGNATION OF SALLY MC MANUS FROM THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Sally McManus; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

2.H. CONGRATULATORY LETTER FROM FIRST LADY MICHELLE OBAMA TO THE CITIZENS OF PALM SPRINGS FOR THE “PRESERVE AMERICA COMMUNITY” DESIGNATION:
RECOMMENDATION: Receive and file letter from First Lady Michelle Obama congratulating the City for being a “Preserve America Community.”

2.I. COMMUNITY REDEVELOPMENT AGENCY AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION FOR THE PALM CANYON THEATRE FIRE SPRINKLER INSTALLATION PROJECT:
RECOMMENDATION: 1) Approve an agreement pursuant to the request for proposals; and 2) Authorize the Executive Director to execute the Agreement. A____.

2.J. COMMUNITY REDEVELOPMENT AGENCY LEASE AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR USE OF THE AGENCY-OWNED VISITOR CENTER LOCATED AT 2901 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF PROMOTING TOURISM:
RECOMMENDATION: 1) Approve a Lease Agreement with the Agua Caliente Band of Cahuilla Indians for non-exclusive use of the Agency owned Visitor Center at 2901 North Palm Canyon Drive for the purpose of promoting tourism; and 2) Authorize the Executive Director to execute the Lease Agreement. A____.

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. PROPOSED SPECIFIC PLAN (GENERAL PLAN AND ZONING TEXT AMENDMENTS) FOR MUSEUM MARKET PLAZA (CASE 5.1204) TO ALLOW UP TO 955 HIGH-DENSITY RESIDENTIAL UNITS, UP TO 400,000 SQUARE FEET OF COMMERCIAL RETAIL AND OFFICE SPACE, AND UP TO 620 HOTEL ROOMS LOCATED AT THE NORTHWEST CORNER OF N. PALM CANYON DRIVE AND TAHQUITZ CANYON WAY, AND OTHER NEARBY PROPERTIES:
RECOMMENDATION: 1) Adopt Resolution No. ____ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT (SCH NO. 2008061084) FOR THE MUSEUM MARKET PLAZA SPECIFIC PLAN, INCLUDING AMENDMENTS TO THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY RESOLUTION NO. 22077, AND THE PALM SPRINGS ZONING CODE, MAKING CERTAIN FINDINGS RELATING TO ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM;” 2) Waive reading the full text of the Ordinance and introduce by title only; and 3) Introduce for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MUSEUM MARKET PLAZA SPECIFIC PLAN, INCLUDING AMENDMENTS TO THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY RESOLUTION NO. 22077.”

4.B. AMENDMENT NO. 2 TO SUBLEASE AGREEMENT NO. A4475 WITH PLAZA RACQUET CLUB EXTENDING THE TERM UP TO TWO YEARS, IN AN AMOUNT NOT TO EXCEED $22,502 ANNUALLY, FOR THE PALM SPRINGS TENNIS CENTER:
RECOMMENDATION: 1) Approve Amendment No. 2 to Sublease Agreement No. A4475 with Kurt and Ana Haggstrom (dba Plaza Racquet Club) for the Palm Springs Tennis Center, extending the term up to two years, including a City tennis recreation program, in an amount not to exceed $22,502 per year, subject to a forthcoming lease extension with the Palm Springs Unified School District; and 2) Authorize the City Manager to execute all necessary documents. A4475.


5. NEW BUSINESS:

5.A. APPROVING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA, BUSINESS, TRANSPORTATION AND HOUSING AGENCY, FOR AN INNOVATION HUB (iHUB) DESIGNATION IN THE CITY OF PALM SPRINGS AND WESTERN COACHELLA VALLEY:
RECOMMENDATION: Authorize the City Manager to execute and submit the iHub Application to the State of California, Business, Transportation and Housing Agency.

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, December 2, 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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