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City Council Meeting

March 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: 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.

1. PUBLIC HEARINGS:

1.A. 36TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 2009-10 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-10-MC-06-0561 IN THE AMOUNT OF $540,650 AND APPROVING SUBRECIPIENT AGREEMENTS:
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 THE 2010–2015 CONSOLIDATED PLAN STRATEGIC GOALS AND THE 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2010-11, AUTHORIZING THE SUBMITTAL OF THE PLANS AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD – GRANT NO. B-10-MC-06-0561 IN THE AMOUNT OF $540,650 AND THE SUBRECIPIENT AGREEMENTS;” and 3) Approve the following Subrecipient Agreements and City Departments’ Memoranda of Understanding in a form acceptable to the City Attorney. A5814.

Santiago Sunrise Village Mobilehome Park
Community Facility Replacement $15,000 A____

Desert AIDS Project
Energy-Efficiency Retrofitting $70,422 A____

City of Palm Springs
Department of Public Works & Engineering
Arnico Tract Sewer Improvements $266,000 A____

Family YMCA of the Desert
Recreational Programming $15,098 A____

Western Coachella Valley PAL
Partial Summer Scholarship Program $21,000 A____

Coachella Valley Housing Coalition
Bilingual Computer Technology $15,000 A____

Desert Samaritans for the Elderly
Financial Aid $15,000 A____

Golden Rainbow Senior Center
Food Bank Distribution $15,000 A____

City Palm Springs
Department of Community & Economic Development
Home Repair Program $55,000 A____

Fair Housing Council of Riverside
Fair Housing Services $15,000 A____

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 Mach 17, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of March 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 1040613 THROUGH 1040766, IN THE AGGREGATE AMOUNT OF $528,941.43, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR JANUARY AND FEBRUARY 2010:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period January 1 through February 28, 2010.

2.E. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2010:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of January 31, 2010.

2.F. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2011:
RECOMMENDATION: Appoint Clayton Mayes, as the City of Rancho Mirage representative, to the Palm Springs International Airport Commission for the unexpired term ending June 30, 2011.

2.G. RATIFY AND REAPPOINT THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING DECEMBER 31, 2010:
RECOMMENDATION: Appoint Coachella Councilmember Jesse Villarreal, as the City of Coachella representative, to the Palm Springs International Airport Commission for the term ending December 31, 2010.

2.H. COMMUNITY REDEVELOPMENT AGENCY AMENDMENT NO. 1 TO AGREEMENT NO. A5784 WITH TERRA NOVA PLANNING & RESEARCH, INC., FOR ADDITIONAL ENTITLEMENT WORK FOR THE COLLEGE OF THE DESERT WESTERN COACHELLA VALLEY CAMPUS:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5784 with Terra Nova Planning & Research, Inc. for additional entitlement work for the College of the Desert – Western Coachella Valley Campus, in the amount of $39,510; 2) Authorize the Executive Director to execute all necessary documents; and 3) Direct the Director of Finance to authorize a budget adjustment and transfer $12,500 from Account No 811-818-8191 to Account No. 811-8191-65194. A5784.

2.I. WEST AVIATION SERVICES, INC. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT FOR EXCLUSIVE USE SPACE:
RECOMMENDATION: 1) Approve a Non-Exclusive Operating and Lease Agreement for Exclusive Use Space with West Aviation Services, Inc for 351 square feet effective February 1, 2010, through January 31, 2012, with two one-year options at $754.36 per month; and 2) Authorize the City Manager to execute the Agreement. A____.

2.J. PROPOSED RESOLUTION IN SUPPORT OF CALIFORNIA DESERT PROTECTION ACT OF 2010:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING WILDERNESS, WILD AND SCENIC RIVERS, NATIONAL MONUMENTS, NATIONAL PARKS AND PRESERVE ADDITIONS IN THE CALIFORNIA DESERT.”

2.K. AWARD AGREEMENT FOR THE PALM SPRINGS STADIUM RE-ROOF PROJECT (CP 08-23):
RECOMMENDATION: 1) Approve an agreement with ATOM Engineering Construction for the Palm Springs Stadium Re-roof Project in the amount of $35,979 (CP 08-23); and 2) Authorize the City Manager to execute the Agreement. A____.

2.L. DISPOSITION OF BID PROTEST FOR THE PALM SPRINGS ANIMAL CARE FACILITY (CP 07-24):
RECOMMENDATION: 1) Find that the bid protest from Parkwest Construction Company was not material to the outcome of the bid and reject the protest; and 2) Find that WE Oneil Construction is the lowest, responsive, responsible bidder for the Animal Care Facility (CP 07-24).

2.M. ANNUAL MEETING MINUTES AND MEMBERSHIP LISTS FROM CERTIFIED NEIGHBORHOOD ORGANIZATIONS:
RECOMMENDATION: Receive and file.

2.N. APPROVE AN AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLP TO PROVIDE AUDITING SERVICES:
RECOMMENDATION: 1) Approve an agreement with Lance, Soll & Lunghard, LLP in a form approved by the City Attorney, to provide auditing services not to exceed $207,145 for three years with two additional one-year options at the discretion of the City Manager; and 2) Authorize the City Manager to execute the Agreement. A____.

2.O. AMENDMENT NO. 3 TO AGREEMENT NO. A4665 WITH HDR ENGINEERING, INC., FOR THE GENE AUTRY TRAIL RAILROAD BRIDGE WIDENING PROJECT (CP 01-04):
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A4665 with HDR Engineering, Inc., in the amount of $54,587 for a total revised contract amount of $642,503 for the Gene Autry Trail Railroad Bridge Widening Project (CP 01-04); and 2) Authorize the City Manager to execute all necessary documents. A4665.

2.P. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY’S PURCHASE OF THE FAMILY YMCA OF THE DESERT PROPERTY LOCATED AT 3601 EAST MESQUITE ROAD:
RECOMMENDATION: Approve the purchase of the property located at 3601 East Mesquite Road by the City of Palm Springs with Quimby Funds, the issuance of the promissory note and a lease back agreement, with the same terms and conditions of the previously approved Community Redevelopment Agency purchase of the property. A5881.

2.Q. COMMUNITY REDEVELOPMENT AGENCY LEASE AGREEMENT WITH THE AGUA CALIENTE CULTURAL MUSEUM FOR USE OF THE AGENCY OWNED PROPERTY LOCATED AT 219 SOUTH PALM CANYON DRIVE FOR THE PURPOSE OF CULTURAL EXHIBITIONS AND EDUCATION:
RECOMMENDATION: 1) Approve a Lease Agreement with Agua Caliente Cultural Museum for the non-exclusive use of the Agency owned property at 219 South Palm Canyon Drive for the purpose of promoting cultural education; and 2) Authorize the Executive Director to execute all the 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. CHANGE ORDER NO. 1 TO AGREEMENT NO. A5943 WITH HARDY & HARPER, INC. IN THE AMOUNT OF $550,000 FOR THE FISCAL YEAR 2008-09 AND 2009-10 ANNUAL ASPHALT OVERLAY PROJECT (CP 08-28):
RECOMMENDATION: 1) Approve Change Order No. 1 to Agreement No. A5943 with Hardy & Harper, Inc. for additional streets to be added to the Fiscal Year 2008-09 and 2009-10 Annual Overlay Project in an amount not to exceed $550,000 (CP 08-28); and 2) Authorize the City Manager to execute all necessary documents. A5943.

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. TAHQUITZ CREEK TRAIL MASTER PLAN:
RECOMMENDATION: 1) Approve the Tahquitz Creek Trail Master Plan; and 2) Direct staff to pursue grant funding.

5. NEW BUSINESS:

5.A. AUTHORIZE AN INVITATION FOR BIDS FOR A CITY HALL EMERGENCY GENERATOR:
RECOMMENDATION: Authorize City staff to issue an Invitation for Bids for the purchase and installation of a new 500 KW 1000 AMP Diesel Emergency Generator with interconnectivity to the City Hall Electrical System.

5.B. COUNCILMEMBER REQUEST TO DISCUSS THE CITY’S PARTICIPATION AND/OR FUNDING OF ADDITIONAL STUDIES FOR THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER PROJECT’S IMPACT TO TOURISM:
RECOMMENDATION: Direct staff as appropriate.

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 joint meeting with the Agua Caliente Band of Cahuilla Indians Tribal Council, Wednesday, March 24, 2010, at 5:30 P.M., Palm Springs International Airport Conference Room, 2nd Floor, 3400 East Tahquitz Canyon Way, Palm Springs.

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