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City Council Meeting

December 2, 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 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, (760) 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 (Council Chamber):

PUBLIC COMMENT (Council Chamber): 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 (Small Conference Room): See Closed Session Agenda.

6:00 P.M. CITY COUNCIL REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Pastor Mike Coppersmith, 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.

PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council relating to Special City Council Items S1 and S2. Three (3) minutes assigned for each speaker.

SPECIAL CITY COUNCIL ITEMS:

1.A. PROPOSED RESOLUTION DECLARING THE RESULT OF THE NOVEMBER 3, 2009, REGULAR MUNICIPAL ELECTION:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2009, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.”

1.B. APPOINTMENT OF MAYOR PRO TEMPORE:
RECOMMENDATION: Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2010.

1. PUBLIC HEARINGS:

1.C. COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING, ADOPTION OF FIVE YEAR IMPLEMENTATION PLAN:
RECOMMENDATION: 1) Continue the Public Hearing to December 16, 2009, with no public testimony at this time; and 2) Direct the City Clerk to post a notice of continuance.

1.D. T-MOBILE USA, CONDITIONAL USE PERMIT AND VARIANCE TO INSTALL A FORTY-THREE FOOT TALL COMMERCIAL COMMUNICATIONS ANTENNA AT 1900 EAST PALM CANYON DRIVE (CASE NO. 5.1203 CUP AND 6.507 VAR):
RECOMMENDATION: 1) The City Council closed the public testimony on November 4, 2009, and continued the City Council deliberations to December 2, 2009; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CASE NO. 5.1203 TO INSTALL A FORTY-THREE FOOT TALL WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6.507 TO REDUCE THE ANTENNA STRUCTURE’S REQUIRED SETBACK FOR THE PROPERTY LOCATED AT 1900 EAST PALM CANYON DRIVE.”

1.E. WELL IN THE DESERT, AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY A DETERMINATION REQUEST, THAT A COMMUNITY SERVICES CENTER IS A SIMILAR USE TO OTHER USES PERMITTED WITHIN THE M-1-P ZONE AT 555 COMMERCIAL ROAD (CASE NO. 10.470 DET):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY A DETERMINATION REQUEST, CASE 10.470 DET, THAT DETERMINES A COMMUNITY SERVICES CENTER IS A SIMILAR USE TO OTHER PERMITTED USES ALLOWED WITHIN THE M-1-P, FOR THE SITE LOCATED AT 555 COMMERCIAL ROAD.”

1.F. REVIEW AND EVALUATION OF ELEVEN APPLICATIONS FOR POSSIBLE AWARD OF TWO PERMITS FOR THE OPERATION OF A MEDICAL CANNABIS COLLECTIVE / COOPERATIVE:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Close the public hearing; and 3) Designate which applicants will be invited to submit supplemental information for the City Council’s final determination on December 16, 2009.

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 December 2, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: City Council and Community Redevelopment Agency Minutes of November 18, 2009.

2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION: 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 1038837 THROUGH 1038948 IN THE AGGREGATE AMOUNT OF $399,012.87, DRAWN ON BANK OF AMERICA.”

2.D. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY, SECOND READING AND ADOPTION OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN, INCLUDING AMENDMENTS TO THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY RESOLUTION NO. 22077:
RECOMMENDATION:
City Council: 1) Reaffirm and Re-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;” and 2) Waive further reading and adopt Ordinance No. 1764, “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.”
Community Redevelopment Agency: Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY OF PALM SPRINGS MUSEUM MARKET PLAZA SPECIFIC PLAN (ORDINANCE NO. 1764) AS THE DESIGN FOR DEVELOPMENT FOR A PORTION OF THE FOCUSED DEVELOPMENT AREA ONE WITHIN THE DESIGN FOR DEVELOPMENT MASTER PLAN AREA.”

2.E. SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010.”

2.F. GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, CALIFORNIA BERKELEY TRAFFIC SAFETY CENTER FOR A DRIVING UNDER THE INFLUENCE CHECKPOINT AWARENESS PROJECT IN THE AMOUNT OF $66,058.32:
RECOMMENDATION: 1) Accept the grant funding from the California Office of Traffic Safety, California Berkeley Traffic Safety Center, in the amount of $66,058.32, for the Driving Under the Influence Checkpoint Awareness Project to be used to enforce, educate, and bring public awareness to the public regarding driving under the influence; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. ARCHITECTURAL SERVICES AGREEMENT WITH ESCALANTE ARCHITECTS FOR THE DESIGN WORK RELATED TO THE WELWOOD MURRAY MEMORIAL LIBRARY:
RECOMMENDATION: 1) Approve an architectural services agreement with Escalante Architects for the Welwood Murray Memorial Library design work in the amount of $189, 970. A____.

2.H. SUPPORT OF EXTENDED PRODUCER RESPONSIBILITY, PROVIDING INCENTIVES TO PRODUCERS TO MAKE LESS TOXIC AND EASIER TO REUSE AND RECYCLE PRODUCTS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF EXTENDED PRODUCER RESPONSIBILITY.”

2.I. SPECIAL CHANGE ORDER AUTHORITY FOR AGREEMENT NO. A5897 WITH DOUG WALL CONSTRUCTION FOR THE JACKIE LEE HOUSTON PLAZA, CP 08-18:
RECOMMENDATION: 1) Authorize the City Manager to approve a Change Order with Doug Wall Construction for the Jackie Lee Houston Plaza in an amount not to exceed $55,000 for the installation of automatic retracting bollards in the roadway, CP 08-18; 2) Authorize the City Manager to approve a Change Order with Doug Wall Construction for the Jackie Lee Houston Plaza in an amount not to exceed $18,000 to fill and slurry seal Calle Alvarado, CP 08-18; and 3) Authorize the City Manager to execute all necessary documents. A5897.

2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5900, A CONSTRUCTION COOPERATIVE AGREEMENT RELATED TO THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT, CP 00-14:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5900, a Construction Cooperative Agreement between the State of California Department of Transportation (“Caltrans”), the City of Palm Springs, and the County of Riverside related to the Indian Canyon Drive at Interstate 10 Interchange Project, CP 00-14; and 2) Authorize the City Manager to execute all necessary documents. A5900.

2.K. NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC., FOR THE CONSTRUCTION PHASE OF THE GRAVITY THICKENERS UPGRADE, CP 09-02:
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 $592,188.94 for the construction phase of the Gravity Thickeners Upgrade, City Project No. 09-02

2.L. AMENDMENT NO. 2 TO THE FISCAL YEAR 2009-10 ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2009-2010, ADOPTED BY RESOLUTION 22530.”

2.M. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA, IN THE AMOUNT OF $100,000:
RECOMMENDATION: 1) Accept from the State of California the Supplemental Law Enforcement Services Funds Grant (SLESF) and Expenditure Plan in the amount of $100,000; 2) Direct the Director of Finance/City Treasurer to fund the appropriation; and 3) Authorize the City Manager to execute all documents to effectuate the acceptance of the Grant. A5765.

2.N. FOUR LEASE AGREEMENTS (8 VEHICLES) WITH TEXTRON FINANCIAL FOR ANCILLARY VEHICLES AT TAHQUITZ CREEK GOLF RESORT:
RECOMMENDATION: 1) Approve four lease agreements with Textron Financial for a period of 48 months in the amount of $1,337.98 per month, total amount for the four year period in the amount of $64,233.04; and 2) Authorize the City Manager to execute all necessary documents. A____.

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:

5.A. PLACEMENT OF THE SCULPTURE “MALE FIGURE OF BALZAC” ON CITY PROPERTY DOWNTOWN LOCATED AT THE SOUTHEAST CORNER OF ANDREAS ROAD AND NORTH PALM CANYON DRIVE:
RECOMMENDATION: Approve the placement of the sculpture “Male Figure of Balzac” downtown on City property located at the southeast corner of Andreas Road and North Palm Canyon Drive.

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 16. 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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