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City Council Meeting

April 21, 2010

CITY COUNCIL
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.

4:00 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: 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. PUBLIC HEARINGS:

1.A. BP WEST COAST PRODUCTS, LLC, FOR; A PROPOSAL TO DEVELOP A FUEL STORAGE TERMINAL AND DISTRIBUTION FACILITY ON AN APPROXIMATE 20-ACRE SITE LOCATED AT THE NORTHEAST CORNER OF HALLECK ROAD AND 19TH AVENUE (CASE NO. 5.1177 PLANNED DEVELOPMENT DISTRICT 348):
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, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), AND APPROVING CASE 5.1177, PLANNED DEVELOPMENT DISTRICT 348, FOR THE DEVELOPMENT OF A FUEL STORAGE AND DISTRIBUTION TERMINAL FOR BP WEST COAST PRODUCTS, LLC, ON AN APPROXIMATE 20-ACRE SITE LOCATED AT THE NORTHEAST CORNER OF HALLECK ROAD AND 19TH AVENUE.”

1.B. RIGHT-OF-WAY VACATION OF A PORTION OF VIA CHICA AND VALMONTE NORTE (FILE R 09-20):
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 A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR VIA CHICA AND VALMONTE NORTE ADJACENT TO 333 E. VALMONTE NORTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST (FILE R 09-20).”

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 April 21, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of April 7, 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 1041331 THROUGH 1041438 IN THE AGGREGATE AMOUNT OF $1,294,038.16, 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 4-03-10 BY WARRANTS NUMBERED 415587 THROUGH 415629 TOTALING $68,274.81, LIABILITY CHECKS NUMBERED 1041439 THROUGH 1041459 TOTALING $143,989.75, FIVE WIRE TRANSFERS FOR $56,254.67, AND THREE ELECTRONIC ACH DEBITS OF $1,132,872.48, IN THE AGGREGATE AMOUNT OF $1,401,391.71, 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 1041460 THROUGH 1041523 IN THE AGGREGATE AMOUNT OF $553,203.82, DRAWN ON BANK OF AMERICA.”

2.D. AMENDMENT NO. 3 TO AGREEMENT NO. A5672 WITH SWATT/MIERS ARCHITECTS FOR THE DESIGN OF THE ANIMAL SHELTER PROJECT:
RECOMMENDATION: Approve Amendment No. 3 to Agreement No. A5672, with Swatt/Miers Architects for the design of the Animal Shelter Project, to establish a 5% change order authority limit for the City Manager to utilize during the administration of said agreement; and 2) Authorize the City Manager to execute all necessary documents. A5672.

2.E. DESIGNATION OF SPECIFIC PORTIONS OF THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 55):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING SPECIFIC PORTIONS OF 101-121 SOUTH PALM CANYON DRIVE, THE OASIS COMMERCIAL BUILDING, A CLASS 1 HISTORIC SITE (HSPB 55).”

2.F. APPROVAL OF CONSTRUCTION COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
RECOMMENDATION: 1) Approve a Construction Cooperative Agreement with Riverside County for the Indian Canyon Drive at Interstate 10 Interchange Project (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. AMEND RESOLUTION NO. 22228 TO AUTHORIZE AN EXTENSION OF TIME TO SATISFY CONDITIONS RELATED TO THE RIGHT-OF-WAY VACATION OF AVENIDA EVELITA:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6 OF RESOLUTION NO. 22228 ADOPTED MAY 21, 2008, RELATED TO THE VACATION AND ABANDONMENT OF A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR AVENIDA EVELITA BETWEEN RAMON ROAD AND CALLE DE RICARDO, AND PORTIONS OF PUBLIC UTILITY EASEMENTS ON LOTS 5 AND 6 OF VISTA DEL CIELO, AND PORTIONS OF PUBLIC UTILITY EASEMENTS ON LOTS 1 AND 6 OF VISTA DEL CIELO NO. 3, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R-07-039).”

2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1771, AMENDING THE SECTION 14 SPECIFIC PLAN TO PERMIT SINGLE FAMILY UNITS IN THE MBR (RESIDENTIAL MEDIUM-BUFFER) AND HR (RESIDENTIAL HIGH) LAND USE AREAS AND REVISES A PREVIOUSLY APPROVED PDD IN LIEU OF CHANGE OF ZONE, REDUCING THE DENSITY OF THE PROJECT FROM 84 CONDOMINIUM UNITS TO 53 SINGLE FAMILY UNITS, FOR AN APPROXIMATELY 8.48 ACRES PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1771, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1082 AMND – PDD 321, A PRELIMINARY AND FINAL PDD AMENDMENT, FOR A PDD IN LIEU OF A CHANGE OF ZONE, REVISING THE PROJECT FROM 84 CONDOMINIUM UNITS TO 53 SINGLE FAMILY UNITS ON INDIVIDUAL LOTS WITH UNIQUE DEVELOPMENT STANDARDS AND AN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN TO PERMIT SINGLE FAMILY UNITS IN THE MBR AND HR LAND USE AREAS ON APPROXIMATELY 8.48 ACRES AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD."

2.I. REQUEST BY WALGREENS CO. FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE WALGREENS DRUGSTORE LOCATED AT 2465 EAST PALM CANYON DRIVE, BUILDING 14 (CASE 5.1241-PCN):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE WALGREENS DRUGSTORE LOCATED AT 2465 EAST PALM CANYON DRIVE, BUILDING 14, ZONE CSC, SECTION 25.”

2.J. AUTHORIZE SIGNATURE OF “ZERO” BLANKET PURCHASE ORDER REQUIRED TO UPGRADE THE 9-1-1 SYSTEM:
RECOMMENDATION: 1) Authorize the “Zero” balance purchase order for the upgrade of the Police Department’s 9-1-1 system as required by the State of California and Verizon prior to the installation of the equipment; and 2) Authorize the City Manager to execute all necessary documents.

2.K. EXTENSION OF RETENTION PERIOD OF PROPERTIES (APN 669-401-039, 669-393-023, AND 669-401-010) ACQUIRED BY THE COMMUNITY REDEVELOPMENT AGENCY USING MONIES FROM THE LOW AND MODERATE INCOME HOUSING FUND:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PERIOD FOR RETAINING THREE PROPERTIES (APN 669-401-039, 669-393-023, AND 669-401-010) ACQUIRED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS USING MONIES FROM LOW AND MODERATE INCOME HOUSING FUND FOR AN ADDITIONAL FIVE YEARS.”

2.L. AMENDMENT NO. 3 TO AGREEMENT NO. A5793 WITH REPUBLIC INTELLIGENT TRANSPORTATION SERVICES (DBA REPUBLIC ITS):
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A5793 with Republic Intelligent Transportation Systems (dba Republic ITS), for Traffic Signal Maintenance Services in the amount of $52,200.00 for Fiscal Year 2009-10; and 2) Authorize the City Manager to execute all necessary documents. A5793.

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

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

3. LEGISLATIVE:

3.A. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO HANDBILLS, PEDDLERS AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION:
RECOMMENDATION: Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.20 AND 5.48 OF, AND REPEALING CHAPTER 11.68 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HANDBILLS, PEDDLERS, AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION.”

3.B. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM:
RECOMMENDATION: Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020 OF, ADDING SUBSECTION (d) TO SECTION 5.26.030 OF, AND ADDING SUBSECTION (E) TO SECTION 5.24.040 OF, THE PALM SPRINGS MUNICIPAL CODE, ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM.”

4. UNFINISHED BUSINESS:

4.A. COMMENT LETTER ON THE PROPOSED DESIGNATION OF CASEY’S JUNE BEETLE AND ADOPTION OF CRITICAL HABITAT:
RECOMMENDATION: Direct staff to send the draft comment letter.

5. NEW BUSINESS:

5.A. FISCAL YEAR 2009-10 THIRD QUARTER UPDATE AND PREVIEW OF FISCAL YEAR 2010-11 BUDGET:
RECOMMENDATION: 1) Direct staff as appropriate; and 2) Direct the City Clerk to schedule a Public Hearing on the proposed Fiscal Year 2010-11 Budget pursuant to City Charter Section 902.
CLICK HERE FOR FISCAL YEAR 2009-10 THIRD QUARTER UPDATE DOCUMENTS
CLICK HERE FOR FISCAL YEAR 2010-11 BUDGET PREVIEW AND BUDGET REDUCTION PLAN

5.B. 20-YEAR WASTEWATER CAPITAL REPAIR AND REHABILITATION PLAN, AND WASTEWATER FINANCIAL PLAN AND RATE STUDY:
RECOMMENDATION: 1) Approve the City of Palm Springs Wastewater Treatment Plant Capital Repair and Rehabilitation Plan; 2) Approve the City of Palm Springs Wastewater Financial Plan and Rate Study; 3) Authorize staff to proceed with the Proposition 218 majority protest noticing, and schedule a Public Hearing for June 16, 2010, to consider the matter of increasing sewer service charges in accordance with the Financial Plan and Rate Study; 4) Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $2,279,323 for the construction phase of the Digester No. 1 Rehabilitation (CP 08-09), inclusive of a pre-approved 10% construction contingency; and 5) 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. A____.

5.C. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2010 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
RECOMMENDATION: 1) Direct the City Clerk to provide for the City Council as a whole, to participate in the screening and interview of Applicants for the Planning Commission and the Historic Site Preservation Board; and 2) Appoint two-member City Council Subcommittees to screen and interview Applicants for the following Boards and Commissions:

Administrative Appeals Board
Personnel Board
Airport Commission
Public Arts Commission
Human Rights Commission
Rent Review Commission
Library Board of Trustees
Sustainability Commission
Parks and Recreation Commission
VillageFest Board

5.D. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE CONVENTION CENTER MANAGEMENT TRANSITION:
RECOMMENDATION: Appoint two-members of the City Council to a Subcommittee for the Convention Center Management Transition.

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, May 5, 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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