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City Council Meeting

November 17, 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. APPEAL OF THE HISTORIC SITE PRESERVATION BOARD DECISION TO DENY AN APPLICATION FOR A CERTIFICATE OF APPROVAL FOR THE REMODEL OF THE WELWOOD MURRAY MEMORIAL LIBRARY AT 100 SOUTH PALM CANYON DRIVE:
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, UPHOLDING THE APPEAL, REVERSING THE DECISION OF THE HISTORIC SITE PRESERVATION BOARD, AND GRANTING A CERTIFICATE OF APPROVAL FOR THE REMODEL OF THE WELWOOD MURRAY MEMORIAL LIBRARY LOCATED AT 100 SOUTH PALM CANYON DRIVE.”

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 November 17, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the Special City Council Meeting Minutes of November 3, 2010, and the Regular City Council/Community Redevelopment Agency Meeting Minutes of November 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 10-16-10 BY WARRANTS NUMBERED 416167 THROUGH 416198 TOTALING $55,325.12, LIABILITY CHECKS NUMBERED 1045058 THROUGH 1045080 TOTALING $126,300.72, FIVE WIRE TRANSFERS FOR $49,436.81, AND THREE ELECTRONIC ACH DEBITS OF $1,020,996.46, IN THE AGGREGATE AMOUNT OF $1,252,059.11, DRAWN ON BANK OF AMERICA;” and 2) 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 1045081 THROUGH 1045219 IN THE AGGREGATE AMOUNT OF $978,684.45, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NOS. 1780 and 1781, ADOPTING AND AMENDING THE 2010 CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING AND AMENDING THE 2010 CALIFORNIA FIRE CODE:
RECOMMENDATION: 1) Waive further reading and adopt Ordinance No. 1780, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VII TO CHAPTER 8.04 RELATING TO SWIMMING POOL SAFETY STANDARDS, ADOPTING AND AMENDING THE 2010 EDITIONS OF THE CALIFORNIA BUILDING CODE WITH APPENDICES C, I, AND J, THE 2010 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX H, THE 2010 CALIFORNIA ELECTRICAL CODE, THE 2010 CALIFORNIA MECHANICAL CODE, THE 2010 PLUMBING CODE AND ADOPTING THE 2010 EDITIONS OF THE CALIFORNIA GREEN BUILDING STANDARDS, ENERGY, AND EXISTING BUILDING CODES; AND THE 1997 EDITION OF THE UNIFORM HOUSING CODE;” and 2) Waive further reading and adopt Ordinance No. 1781, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ADOPTION AND AMENDMENT OF THE CALIFORNIA FIRE CODE, 2010 EDITION.”

2.E. LEASE AND LEASEHOLD IMPROVEMENT AGREEMENTS WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT CITY OWNED BUILDING AT 3111 EAST TAHQUITZ CANYON WAY:
RECOMMENDATION: 1) Approve a lease agreement and leasehold improvement agreement with Coachella Valley Economic Partnership for 5,000 square feet of office space at 3111 East Tahquitz Canyon Way; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.F. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION REPRESENTING THE POLICE SAFETY UNIT:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION REPRESENTING THE POLICE SAFETY UNIT, FOR THE PERIOD JULY 1, 2010, THROUGH JUNE 30, 2012, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;” and 2) Authorize the City Manager to execute all necessary documents. A5559.

2.G. TRACT MAP 34165 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH O & M, LLC FOR A 53 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 34165 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD, SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH O & M, LLC;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR TRACT 13257 SEWER IMPROVEMENTS (CP 10-02):
RECOMMENDATION: 1) Approve an agreement with Harris & Associates in the amount of $58,965 for civil engineering design services related to Tract 13257 Sewer Improvements (CP 10-02); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. AGREEMENT WITH PTM GENERAL ENGINEERING SERVICES, INC. FOR THE INDIAN CANYON DRIVE AT VISTA CHINO TRAFFIC SIGNAL MODIFICATION IN THE AMOUNT OF $203,203 (CP 08-17):
RECOMMENDATION: 1) Approve an agreement with PTM General Engineering Services, Inc. for the Indian Canyon Drive at Vista Chino Traffic Signal Modification in the amount of $203,203 (CP 08-17); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE VISTA CHINO WIDENING (CP 10-06):
RECOMMENDATION: 1) Approve a reimbursement agreement with CVAG for the Vista Chino Widening (CP 10-06); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.K. PARTICIPATION IN THE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY’S MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM SPRINGS’ PARTICIPATION IN THE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY’S MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM.”

2.L. REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES AT A PROPOSED CONVENIENCE STORE LOCATED AT 150 WEST VISTA CHINO ROAD:
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 FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) TO BE LOCATED AT A PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD, APN 504-320-016, ZONE C-1/R-3, SECTION 3/T4/R4.”

2.M. REAFFIRM THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS:
RECOMMENDATION: Reaffirm the City’s Investment Policy governing the investment of City funds, as adopted by Resolution No. 21946, on June 20, 2007.

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. FIRST QUARTER FISCAL YEAR 2010-11 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.B. APPOINTMENT OF COMMISSIONERS TO THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: 1) Appoint two members to the Human Rights Commission for the unexpired terms ending June 30, 2012.

5.C. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO WORK WITH COMMUNITY DYNAMICS REGARDING THE COMDYN AFFORDABLE HOUSING PROJECT ON INDIAN CANYON DRIVE:
RECOMMENDATION: Appoint two members of the City Council to a City Council Subcommittee to work with Community Dynamics regarding the ComDyn Affordable Housing Project on Indian Canyon Drive.

5.D. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO STUDY TRAFFIC CALMING AND THE INCORPORATION OF BIKE LANES:
RECOMMENDATION: Appoint two members of the City Council to a City Council Subcommittee to study traffic calming and incorporation of bike lanes.

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 1, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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