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City Council Meeting

February 17, 2010

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
Rick Hutcheson, Mayor Pro Tem
Ginny Foat, Councilmember
Chris Mills, 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 (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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Duane Cox, Retired Religious Science Minister.

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. AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2006 THROUGH 2014 PLANNING PERIOD (CASE NO. 5.1215):
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, AMENDING THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY RESOLUTION NO. 22077, TO INCORPORATE THE UPDATED HOUSING ELEMENT FOR THE 2006-2014 PLANNING PERIOD(CASE 5.1215).”

1.B. VACATION OF A PORTION OF RIGHT-OF-WAY FOR BARONA ROAD (FILE R 09-11):
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, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN THE WESTERLY 14 FEET OF PUBLIC RIGHT-OF-WAY DEDICATED FOR BARONA ROAD, SOUTH OF THE SMOKE TREE SHOPPING CENTER, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 09-11.”

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 February 17, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of February 3, 2010.

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 1040124 THROUGH 1040196 IN THE AGGREGATE AMOUNT OF $923,391.05, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 01-23-10 BY WARRANTS NUMBERED 415381 THROUGH 415420 TOTALING $68,642.52, LIABILITY CHECKS NUMBERED 1040197 THROUGH 1040198 TOTALING $694.15, ONE WIRE TRANSFER FOR $1,184.39 AND THREE ELECTRONIC ACH DEBITS OF $1,243,621.67, IN THE AGGREGATE AMOUNT OF $1,314,142.73, DRAWN ON BANK OF AMERICA;” and 3) 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 1040199 THROUGH 1040356 IN THE AGGREGATE AMOUNT OF $1,562,210.68, DRAWN ON BANK OF AMERICA.”

2.D. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2011:
RECOMMENDATION: Appoint Desert Hot Springs Councilmember Jan Pye, as the City of Desert Hot Springs representative, to the Palm Springs International Airport Commission for the unexpired term ending June 30, 2011.

2.E. COMMUNITY REDEVELOPMENT AGENCY APPROVING CHANGE ORDER NO. 4 TO AGREEMENT NO. A5897 WITH DOUG WALL CONSTRUCTION FOR THE CONVENTION CENTER EAST LOT SPECIAL EVENTS FACILITY IMPROVEMENTS, IN THE AMOUNT OF $48,234.78 (CP 08-18):
RECOMMENDATION: 1) Approve Change Order No. 4 of Agreement No. A5897 with Doug Wall Construction for the Convention Center East Lot Special Events Facility Improvements in the amount of $48,234.78 (CP 08-18); and 2) Authorize the Executive Director to execute Amendment No. 4. A5897.

2.F. COACHELLA VALLEY REGIONAL EARTHQUAKE EARLY WARNING SYSTEM (CREWS) RESOLUTION OF SUPPORT:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE COACHELLA VALLEY REGIONAL EARTHQUAKE WARNING SYSTEM (CREWS) AND REQUEST RECOGNITION, SUPPORT, AND FINANCIAL ASSISTANCE FROM STATE AND FEDERAL LEGISLATORS FOR THIS REGIONAL MODEL.”

2.G. PALM SPRINGS WALK OF STARS REQUEST TO CONSIDER AN AMENDMENT TO THE AGREEMENT:
RECOMMENDATION: Receive and file. A4981.

2.H. CONGRATULATORY LETTER FROM THE OFFICE OF TRAFFIC SAFETY FOR THE OUTSTANDING IMPLEMENTATION AND MANAGEMENT OF THE DUI ENFORCEMENT AND AWARENESS PROGRAM:
RECOMMENDATION: Receive and file. A5521.

2.I. SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY FOR TACHEVAH DRIVE (FILE R 09-14):
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 A PORTION OF PUBLIC RIGHT-OF-WAY ADJACENT TO 1365 TACHEVAH DRIVE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 09-14.”

2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE WASTEWATER TREATMENT PLANT PERIMETER SECURITY FENCE (CP 08-11):
RECOMMENDATION: Approve the plans, specifications, and working details for the Wastewater Treatment Plant Perimeter Security Fence, CP 08-11, and authorize staff to advertise and solicit bids.

2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A5793 WITH REPUBLIC INTELLIGENT TRANSPORTATION SERVICES (DBA REPUBLIC ITS) FOR TRAFFIC SIGNAL MAINTENANCE SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5793 with Republic Intelligent Transportation Systems (dba Republic ITS), in the amount of $47,800.00 for a Fiscal Year 2009-10, total revised contract amount of $247,800.00 for Traffic Signal Maintenance Services; and 2) Authorize the City Manager to execute Amendment No. 2. A5793.

2.L. SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY FOR PASEO DOROTEA (FILE R 09-17):
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 A PORTION OF PUBLIC RIGHT-OF-WAY ADJACENT TO 915 AND 923 S. PASEO DOROTEA IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 09-17.”

2.M. COMMUNITY REDEVELOPMENT AGENCY UPDATE ON THE CALIFORNIA REDEVELOPMENT ASSOCIATION’S LAWSUIT AGAINST THE STATE OF CALIFORNIA’S TAKE OF $2.05 BILLION FROM LOCAL REDEVELOPMENT AGENCIES:
RECOMMENDATION: 1) Receive and file the report from the Executive Director of the California Redevelopment Association; and 2) Direct staff to remit a one-time payment of $7,500 to the Association as the City of Palm Springs Community Redevelopment Agency’s pro-rata share in the litigation.

2.N. PROPOSED RESOLUTION DESIGNATING MARCH 2010 AS CENSUS MONTH:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE DESIGNATION OF MARCH 2010 AS CENSUS MONTH.”

2.O. AWARD RFP 04-10 TERMINAL COUNTER PROMOTIONAL CONCESSION SPACE TO THE WELK RESORT GROUP:
RECOMMENDATION: 1) Approve a five-year Non-Exclusive Operating and Lease Agreement for Terminal Counter Promotional Space at the Palm Springs International Airport to The Welk Resort Group effective March 1, 2010, through February 28, 2015; and 2) Authorize City Manger 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:

4.A. PROPOSED RESTRUCTURING OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF THE CITY EFFECTIVE FISCAL YEAR 2010-11:
RECOMMENDATION: 1) Direct staff to prepare an Ordinance modifying the Palm Springs Business Improvement District structure and annual fee as appropriate; and 2) Direct staff to prepare a Resolution amending the Palm Springs Business Improvement District bylaws, restructuring the composition and appointment of members to the Business Improvement District Advisory Board as appropriate.

4.B. UPDATE OF THE CONDITIONAL USE PERMIT FOR THE VICEROY HOTEL LOCATED AT 415 SOUTH BELARDO AND CONSIDERATION OF REVOCATION (CASE NO. 5.0909):
RECOMMENDATION: Direct staff as appropriate.

4.C. UPDATE OF THE NEW HOTEL MARKETING MATCH INCENTIVE PROGRAM AND THE TOURISM MARKETING SUPPLEMENT PROGRAM AS COMPONENTS OF THE CITY OF PALM SPRINGS ECONOMIC RECOVERY PLAN:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. APPROVE AN AGREEMENT FOR THE PLACEMENT OF THE SCULPTURE “RED ECHO” ON PRIVATE PROPERTY AT THE SPRINGS SHOPPING CENTER, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD; AND ACCEPT A GRANT OF EASEMENT FOR THE PLACEMENT OF PUBLIC ART FROM THE OWNER OF THE PROPERTY, THE CHARLES COMPANY:
RECOMMENDATION: 1) Approve placement of “Red Echo” at the Springs Shopping Center; 2) Approve an Agreement for Placement of Artwork on Private Property and accept a Grant of Easement from Charles Company; and 3) Authorize the City Manager to execute all necessary documents. A____.

5.B. APPROVE THE AGREEMENT FOR TRANSFER OF THE OWNERSHIP OF ARTWORK TO THE CITY OF PALM SPRINGS; AUTHORIZE THE REIMBURSEMENT OF PUBLIC ART-IN-LIEU FEES TO THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR ARTWORK BY DOUG HYDE; APPROVE AN AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY; AND ACCEPT A GRANT OF EASEMENT FOR PUBLIC ART FROM LUNDIN DEVELOPMENT COMPANY:
RECOMMENDATION: 1) Approve an agreement for transfer of the ownership of artwork to the City of Palm Springs; 2) Authorize the reimbursement of the Public Art-In-Lieu Fees for Artwork to the Agua Caliente Band of Cahuilla Indians (“Tribe”), in an amount not to exceed $25,049 from public art fees collected from the Ralph’s Shopping Center Project; 3) Approve an agreement for placement of artwork on private property and accept a Grant of Easement from Lundin Development Company; and 4) Authorize the City Manager to execute all necessary documents. A____.

5.C. CONSIDER REQUEST OF THE VILLAGEFEST BOARD TO BE AN OFFICIAL SPONSOR OF THE FESTIVAL STAGE AT THE PALM SPRINGS WILD WEST FEST/FRANK BOGERT MEMORIAL PRCA RODEO IN THE AMOUNT OF $2,500:
RECOMMENDATION: Direct staff as appropriate.

5.D. CONCEPTUAL TRAILHEAD AND TRAIL SIGNAGE PROGRAM:
RECOMMENDATION: 1) Approval of the Conceptual Trailhead and Trail Signage Program; 2) Direct staff to work with the Agua Caliente Band of Cahuilla Indians and the Trails Subcommittee of the Multi-Species Habitat Conservation Program to develop final language for the signage; and 3) Direct staff to solicit bids for fabrication and installation.

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, March 3, 2010, 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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