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City Council Meeting

December 1, 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: Rev. Kevin A. Johnson, Bloom in the Desert Ministries.

ROLL CALL:

PRESENTATIONS:

Coachella Valley Mosquito and Vector Control District Report.

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 PLANNING COMMISSION DECISION DENYING A TYPE II CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE PROPOSED AT 2100 EAST RACQUET CLUB ROAD (APPLICANT/APPELLANT T-MOBILE WEST CORPORATION) (CASES 5.1246 CUP AND 6.523 VAR):
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, DENYING T-MOBILE WEST CORPORATION’S APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD (CASES. 5.1246 CUP AND 6.523 VAR).”

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 December 1, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of November 17, 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 10-30-10 BY WARRANTS NUMBERED 416199 THROUGH 416229 TOTALING $49,008.78, LIABILITY CHECKS NUMBERED 1045220 THROUGH 1045241 TOTALING $127,451.41, FIVE WIRE TRANSFERS FOR $49,313.81, AND THREE ELECTRONIC ACH DEBITS OF $1,011,653.98, IN THE AGGREGATE AMOUNT OF $1,237,427.98, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1045242 THROUGH 1045376 IN THE AGGREGATE AMOUNT OF $828,180.39, 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 1045377 THROUGH 1045492 IN THE AGGREGATE AMOUNT OF $1,139,231.62, DRAWN ON BANK OF AMERICA.”

2.D. ACCEPT THE RESIGNATION OF BARBARA BEATY FROM THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Barbara Beaty from the Human Rights Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.E. AGREEMENT WITH EVERGREEN RECYCLING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROFESSIONAL SERVICES ON SOLID WASTE AND RECYCLING:
RECOMMENDATION: 1) Approve an agreement with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services in an amount not to exceed $50,000 for one year with a one year extension; and 2) Authorize the City Manager to execute all necessary documents. A5336.

2.F. INITIATION OF AN AMENDMENT TO THE CITY OF PALM SPRINGS GENERAL PLAN TO INCORPORATE THE NON MOTORIZED TRANSPORTATION PLAN:
RECOMMENDATION: Initiate an amendment to the General Plan to incorporate the Non Motorized Transportation Plan.

2.G. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2010-11 ANNUAL ASPHALT OVERLAY PROJECT (CP 10-08):
RECOMMENDATION: Approve the plans, specifications, and working details for the 2010-11 Annual Overlay Project and authorize staff to advertise and solicit bids (CP 10-08).

2.H. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2010-11 ANNUAL SLURRY SEAL PROJECT (CP 10-09):
RECOMMENDATION: Approve the plans, specifications and working details for the 2010-11 Annual Slurry Seal Project and authorize staff to advertise and solicit bids (CP 10-09).

2.I. AMENDMENT NO. 2 TO AGREEMENT NO. A5572 WITH BARTLE WELLS ASSOCIATES FOR A WASTEWATER RATE STUDY:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5572 with Bartle Wells Associates, in the amount of $12,000 for a total revised contract amount of $50,000 for wastewater rate study services; and 2) Authorize the City Manager to execute all necessary documents. A5572.

2.J. AGREEMENT WITH PALM SPRINGS POWER FOR USE OF THE PALM SPRINGS STADIUM:
RECOMMENDATION: 1) Approve an agreement with the Palm Springs Power Baseball Team for a period of three (3) years with two (2) two-year extensions; and 2) Authorize the City Manager to execute all necessary documents. A5282.

2.K. CONTINUATION OF THE RIDESHARE REIMBURSEMENT PROGRAM AND APPROVE THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AB2766 MEMORANDUM OF UNDERSTANDING (MOU):
RECOMMENDATION: 1) Authorize continuation of the Rideshare Program using Air Quality Management Funds; 2) Direct staff to propose using an alternative funding source, after all Air Quality Management Funds are used, for the program in future fiscal year budgets; 3) Approve the AB2766 MOU with CVAG allocating the AB2766 Motor Vehicle Registration Fee Assessments to CVAG for the Coachella Valley Regional PM10 Street Sweeping Program; and 4) Authorize the City Manager to execute all necessary documents.

2.L. AMENDMENT NO. 3 TO AGREEMENT NO. A5300 WITH MERCHANTS LANDSCAPE SERVICES FOR ADDITIONAL LANDSCAPE MAINTENANCE IN THE AMOUNT OF $4,958.81 PER YEAR:
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A5300 in the amount of $4,957.81 per year, as well as authorize up to $5,000 per year for emergency Aas needed@ services for a total annual contract amount of up to $1,222,724.33: 2) Amend Section 1.8 of the Contract Services Agreement to allow the Contract Officer to increase the contract amount for added maintenance areas up to $25,000 annually, going forward through the end of the contract; and 3) Authorize the City Manager to execute all necessary documents. A5300.

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

2.N. 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.O. OPPOSITION TO THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER:
RECOMMENDATION: Adopt Resolution No. _____,. “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER.”

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. AMENDMENTS TO THE COMPREHENSIVE FEE SCHEDULE INCREASING SWIM CENTER FEES:
RECOMMENDATION: Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCREASING THE SWIM CENTER FEES AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578.

4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. REQUEST BY DOLLAR TREE, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT THE EXISTING DOLLAR TREE STORE LOCATED AT 1717 EAST 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) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4.”

5.B. APPOINT MEMBERS TO THE BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD:
RECOMMENDATION: Appoint members to the Business Improvement District Advisory Board.

5.C. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING DECEMBER, 2011:
RECOMMENDATION: Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2011.

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 an Adjourned Meeting with the Agua Caliente Band of Cahuilla Indians Tribal Council at 5:30 p.m., Wednesday, December 8, 2010, at the Spa Hotel and Resort, Grill Room, 100 North Indian Canyon Drive, Palm Springs.

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