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City Council Meeting

Wednesday, May 19, 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. 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. TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES AND APPEAL OF PLANNING COMMISSION ACTION TO DENY ARCHITECTURAL REVIEW AND A MINOR MODIFICATION FOR A 51-UNIT MODERATE-INCOME RESIDENTIAL DEVELOPMENT AT THE SOUTHEAST CORNER OF NORTH INDIAN CANYON DRIVE AND SAN RAFAEL ROAD (APPLICANT / APPELLANT COMDYN PS, LLC) (CASE 3.3333 MAJ / 7.1231 AMM):
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 TENTATIVE TRACT MAP 36185 FOR CONDOMINIUM PURPOSES AND UPHOLDING THE APPEAL, REVERSING THE PLANNING COMMISSION DECISION, AND APPROVING CASE 3.3333 MAJ / 7.1231 AMM, A MAJOR ARCHITECTURAL APPLICATION AND MINOR MODIFICATION APPLICATION TO CONSTRUCT A 51-UNIT MODERATE-INCOME RESIDENTIAL TOWN-HOME DEVELOPMENT AT THE SOUTHEAST CORNER OF NORTH INDIAN CANYON DRIVE AND SAN RAFAEL ROAD.”
Staff Report Item 1.A. Part 1
Staff Report Item 1.A. Part 2
Additional Public Testimony on File in the Office of the City Clerk

1.B. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT: 
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, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.” 

1.C. COMMUNITY REDEVELOPMENT AGENCY AMENDMENT NO. 1 TO THE FIVE YEAR IMPLEMENTATION PLAN (FISCAL YEAR 2009-10 THROUGH FISCAL YEAR 2013-14) AND UPDATED TEN YEAR HOUSING COMPLIANCE PLAN FOR MERGED PROJECT AREA NOS. 1 AND 2:
RECOMMENDATION:
1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND APPROVING AMENDMENT NO. 1 TO THE FIVE YEAR IMPLEMENTATION PLAN (FISCAL YEAR 2009-10 THROUGH FISCAL YEAR 2013-14) AND UPDATED TEN YEAR HOUSING COMPLIANCE PLAN FOR MERGED PROJECT AREA NOS. 1 AND 2.” 

1.D. PUBLIC MEETING AND INTRODUCTION OF A PROPOSED ORDINANCE TO MODIFY THE BASIS AND METHOD OF LEVYING ASSESSMENTS AND THE RENEWAL OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID), AND THE LEVY OF THE FISCAL YEAR 2010-11 ASSESSMENTS:
RECOMMENDATION:
1) Open the public meeting and receive public testimony; 2) Waive the reading of the ordinance text in its entirety and read by title only; and 3) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ORDINANCE NO. 1709 RELATING TO THE ESTABLISHMENT OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENTS PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989, AND CODIFYING ORDINANCE NO. 1709, AS AMENDED, AS DIVISION III OF TITLE 3 (CHAPTER 3.100) OF THE PALM SPRINGS MUNICIPAL CODE.”

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 May 19, 2010, City Council Agenda. 

2.B. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1773, AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO HANDBILLS, PEDDLERS AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION:
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1773, "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." 

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 1041854 THROUGH 1041965 IN THE AGGREGATE AMOUNT OF $1,079,440.47, 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 5-01-10 BY WARRANTS NUMBERED 415671 THROUGH 415707 TOTALING $57,226.53, LIABILITY CHECKS NUMBERED 1041966 THROUGH 1041986 TOTALING $144,536.10, FIVE WIRE TRANSFERS FOR $56,575.02, AND THREE ELECTRONIC ACH DEBITS OF $1,183,453.06, IN THE AGGREGATE AMOUNT OF $1,441,790.71, 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 1041987 THROUGH 1042078 IN THE AGGREGATE AMOUNT OF $637,662.45, DRAWN ON BANK OF AMERICA.” 

2.D. STAFF AUTHORIZED AGREEMENTS FOR MARCH 1 THROUGH APRIL 20, 2010:
RECOMMENDATION:
Receive and file Staff Authorized Agreements covering the period March 1 through April 30, 2010. 

2.E. SUMMARY VACATION OF CHASE PLACE, FIELD VIEW AND FOSTER VISTA (FILE R 10-01):
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 FOR CHASE PLACE, FIELD VIEW AND FOSTER VISTA, AND PUBLIC UTILITY EASEMENTS ADJACENT THERETO, AND A CLEAR AREA EASEMENT, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 10-01).” 

2.F. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
RECOMMENDATION:
1) Approve the purchase of eleven (11) Dell Latitude E6400XFR Ruggedized notebook computers with corresponding Dell Mobile Docking Stations from Dell Corporation in the amount of $51,525.43; and 2) Authorize the City Manager to execute all necessary documents. 

2.G. APPROVAL OF PARCEL MAP 35817 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH MARC J. DIERICKX AND FRANK DE LELYS, FOR A 2 LOT PARCEL MAP LOCATED AT 580 N. VIA MIRALESTE:
RECOMMENDATION:
1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 35817 FOR PROPERTY LOCATED AT 580 N. VIA MIRALESTE, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH MARC J. DIERICKX AND FRANK DE LELYS;” and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A4780 WITH DOKKEN ENGINEERING FOR BRIDGE AESTHETIC DESIGN SERVICES AND OUTLINING AN ARCHITECTURAL REVIEW PROCESS FOR THEBELARDO ROAD BRIDGE AND ROADWAY WIDENING PROJECT (CP 87-49):
RECOMMENDATION:
1) Approve Amendment No. 2 to Agreement No. A4780 with Dokken Engineering, in the amount of $20,000 for a total revised contract amount of $448,640 for the Belardo Road Bridge and Roadway Widening (CP 87-49); and 2) Direct staff to process the preliminary bridge aesthetic design concept approval pursuant to Architectural Review guidelines including consultation with the Indian Planning Commission and Tribal Council; and 3) Authorize the City Manager to execute all necessary documents. A4780. 

2.I. CHANGE ORDER NO. 1 TO AGREEMENT NO. A5895 FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, FEDERAL AID PROJECT NO. ESPLE-5282 (027) (CP 06-03):
RECOMMENDATION:
1) Approve Change Order No. 3 to Agreement No. A5895 in the amount of $84,294.14 with Sierra Landscape Company, for the Gene Autry Trail Gateway Landscape Improvement Project, Federal Aid Project No. ESPLE-5282(027) (CP 06-03); and 2) Authorize the City Manager to execute all necessary documents. A5895. 

2.J. PURCHASE OF CITY HALL EOC EMERGENCY BACK-UP GENERATOR:
RECOMMENDATION:
Approve the purchase of a new 500 KW 1000 AMP Diesel, Volvo Penta Genset TAD1641GE, Emergency Generator from Power & Electric Co. in an amount not to exceed $72,496.06, utilizing a 50% EMGP matching reimbursement grant.

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

3. LEGISLATIVE: 

3.A. PROPOSED ORDINANCE EXTENDING THE TEMPORARY DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES (QUIMBY AND PUBLIC ART) TO JULY 1, 2011:
RECOMMENDATION:
1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES, AND EXTENDING ORDINANCE NO. 1757.”

4. UNFINISHED BUSINESS:

4.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2010-11 BUDGET:
RECOMMENDATION:
1) Direct staff as appropriate. 

4.B. DISCUSSION OF SPECIAL EVENTS FUNDING AS PART OF THE PALM SPRINGS ECONOMIC DEVELOPMENT PLAN ADOPTED JANUARY 13, 2010, AND DISCUSSION OF PALM SPRINGS SUMMER SPLASH 2010:
RECOMMENDATION:
Direct staff to modify the Special Events funding of the Economic Development Plan funds as appropriate. 

4.C. EXTEND THE REDUCTION OF COMPENSATION OF THE MAYOR AND COUNCILMEMBERS, AND EXTEND THE REDUCTION IN SALARIES AND SCHEDULES FOR THE EXECUTIVE MANAGEMENT GROUP:
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE REDUCTION OF COMPENSATION OF THE MAYOR AND COUNCILMEMBERS, EXTENDING THE REDUCTION IN SALARIES AND SCHEDULES FOR THE EXECUTIVE MANAGEMENT GROUP, AND AMENDING RESOLUTION NO. 22477 AND RESOLUTION NO. 22531.”

5. NEW BUSINESS: 

5.A. CONTRACT AWARD AND/OR OPTIONS FOR THE PALM SPRINGS ANIMAL CARE FACILITY (CP 07-24):
RECOMMENDATION:
1) Award contract to WE O’Neil Construction Company for the Palm Springs Animal Care Facility, including additive and deductive alternates 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 15 for the total amount of $5,919,000 (CP 07-24); 2) Direct staff to reduce the cost of the overall project by a total of $1,656,948 as construction proceeds, with the concept being to “shell out” the building; 3) Allocate $700,000 from the Sustainability Fund for the “Green” aspects of the project; and 4) Authorize the City Manager to execute all necessary documentation. A____.

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, June 2, 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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