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City Council Meeting

December 15, 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
Lee Weigel, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Chris Mills, 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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Rev. 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. HUNTER HOLDINGS, LLC, APPROVE TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP WITHIN A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT (PD313) LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, A MIXED USED DEVELOPMENT CONSISTING OF FLAG LOTS, EXISTING DWELLING UNITS, STRUCTURES AND 57 NEW TOWNHOME UNITS:
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 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP FOR THE PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT WITHIN THE EXISTING RACQUET CLUB OF PALM SPRINGS LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE PDD-313, SECTION 3.”

1.B. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110 HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4 OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN TERMINUS OF WEST RACQUET CLUB ROAD, SECTION 4, TOWNSHIP 4, RANGE 4 (IL) (CASE NO 5.1154 SP):
RECOMMENDATION: 1) Continue the Public Hearing to Wednesday, January 5, 2011, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

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 15, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 1, 2010.

2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION: 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-13-10 BY WARRANTS NUMBERED 416230 THROUGH 416257 TOTALING $47,493.84, LIABILITY CHECKS NUMBERED 1045493 THROUGH 1045514 TOTALING $126,188.33, FIVE WIRE TRANSFERS FOR $51,861.82, AND THREE ELECTRONIC ACH DEBITS OF $1,026,654.50, IN THE AGGREGATE AMOUNT OF $1,252,198.49, 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 1045515 THROUGH 1045783 IN THE AGGREGATE AMOUNT OF $1,734,073.82, DRAWN ON BANK OF AMERICA.”

2.D. ADOPTION OF A CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE AND SUPERSEDING PREVIOUS RESOLUTIONS WITH RESPECT TO THE CONFLICT OF INTEREST CODE.”

2.E. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA AND APPROVING THE EXPENDITURE PLAN AND APPROPRIATION:
RECOMMENDATION: 1) Accept the State of California Supplemental Law Enforcement Services Funds Grant and Approve the Expenditure Plan; 2) Direct the Finance Director to fund the appropriation; and 3) Authorize the City Manager to execute all documents to effectuate the acceptance of the grant. A5765.

2.F. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 032-N, WITH THE STATE OF CALIFORNIA FOR USE OF TEA-21 HIGH PRIORITY PROJECT (HP21L) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. HP21L-5282 (035)]:
RECOMMENDATION: Adopt Resolution No. _____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 032-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $1,120,885, FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE, CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. HP21L-5282 (035), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” A____.

2.G. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 030-N, WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009 (ESPL) AND SAFETEA-LU HIGH PRIORITY PROJECT (HPLU) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10
INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. ESPLHPLU-5282(034)]
:
RECOMMENDATION: Adopt Resolution No. _____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 030-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $7,497,280, FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE, CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. ESPLHPLU-5282 (034), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” A____.

2.H. ACCEPTANCE OF GRANT FUNDING FROM THE UNIVERSITY OF CALIFORNIA BERKELEY, SAFE TRANSPORTATION RESEARCH AND EDUCATION CENTER (SAFETREC), FOR A SOBRIETY CHECKPOINT MINI-GRANT PROGRAM IN THE AMOUNT OF $16,796.91 FOR ENFORCEMENT, EDUCATION AND PUBLIC AWARENESS:
RECOMMENDATION: 1) Accept grant funding, in the amount of $16,796.91, from the University of California at Berkeley, Funded by California Office of Traffic Safety, Safe Transportation Research and Education Center for a sobriety checkpoint mini-grant program; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND OTHER AGENCIES AND CITIES ESTABLISHING PARTNERSHIPS FOR THE SAFE ROUTES TO SCHOOL PROGRAM:
RECOMMENDATION: 1) Approve a Memorandum of Understanding with the Coachella Valley Association of Governments, the Cities of Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Springs Unified School District and the Riverside County Department of Public Health for the Safe Routes to School Program; and 2) Authorize the City Manager to execute the Memorandum of Understanding. A____.

2.J. CITY OF PALM SPRINGS GOVERNMENT CODE SECTION 66000 DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2009-10:
RECOMMENDATION: Receive and File the Fiscal Year 2009-10 Development Project Fee Report pursuant to Cal. Gov. Code §66000.

2.K. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DMC DESIGN GROUP, INC., FOR THE AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS [FEDERAL PROJECT PLHDL06-5282 (032) AND HPLUL-5282 (033)] (CITY PROJECT 09-04):
RECOMMENDATION: 1)Approve an Agreement with DMC Design Group, Inc., in the amount of $109,001.00, for environmental and civil engineering design services related to the Agua Caliente Cultural Museum Road and Drainage Improvements, Federal Project PLHDL06-5282 (032) and HPLUL-5282 (033) City Project 09-04; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.L. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
RECOMMENDATION: 1) Receive and file the Cal. Health and Safety Code §33130 Project Area Property Disclosures for Director of Community and Economic Development John Raymond (no reportable interests).

2.M. REPORT OF EMERGENCY CLEAN UP FROM DIESEL SPILL AT CITY HALL PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
RECOMMENDATION: Receive and File the Report of Emergency Expenditures pursuant to Palm Springs Municipal Code .§7.04.040(4).

2.N. AWARD OF CONTRACT FOR THE PALM SPRINGS MAIN LIBRARY ROOFING PROJECT (CITY PROJECT NO. 10-04):
RECOMMENDATION: 1) Approve an Agreement with Al Miller & Son Roofing Co., Inc., in the amount of $293,127.90, for the Palm Springs Main Library Roofing Project (City Project No. 10-04); and 2) Authorize the City Manager to execute the Agreement. A____.

2.O. PROPOSED ORDINANCE DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) AND TERMINATING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT:
RECOMMENDATION: 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS REPEALING ORDINANCE NO. 1672 AND DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS.”

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE CODIFYING CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSION AND BOARDS:
RECOMMENDATION: 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030, TO CHAPTER 2.06 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CITY COUNCIL REVIEW OF CITY COUNCIL APPOINTED COMMISSION AND BOARD DECISIONS.”

4. UNFINISHED BUSINESS:

4.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.”

4.B. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY TO APPROVE A LEASE AGREEMENT WITH VERIZON WIRELESS FOR NON-EXCLUSIVE USE OF FLOOR SPACE ON THE TOP DECK OF THE CITY-OWNED PARKING STRUCTURE LOCATED AT 295 SOUTH INDIAN CANYON DRIVE:
RECOMMENDATION: 1) Approve a Lease Agreement with Verizon Wireless, the Community Redevelopment Agency, and the City of Palm Springs, for the non-exclusive use of the City-owned Parking Structure to provide floor, rooftop, antenna, and cabling space on the top deck; and 2) Authorize the City Manager and Execute Director to execute the Lease Agreement. A____.

4.C. 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.”

4.D. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY DISCUSSING THE ACQUISITION OF PROPERTIES WITHIN THE CITY OF PALM SPRINGS MUSEUM MARKET PLAZA SPECIFIC PLAN:
RECOMMENDATION: Adopt Resolution(s) relating to the potential acquisition of properties within the City of Palm Springs Museum Market Plaza Specific Plan.

5. NEW BUSINESS:

5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS:
RECOMMENDATION: 1) Identify and Direct the City Clerk to delete any inactive City Council Ad Hoc Subcommittees; and 2) Review, Reappoint and/or Appoint City Council Subcommittees and Liaisons to outside organizations.

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, January 5, 2011, 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.

HAPPY HOLIDAYS AND ALL THE BEST FOR THE NEW YEAR!
FROM THE CITY OF PALM SPRINGS

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