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City Council Meeting

April 6, 2011

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
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. 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. 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 PLANNING COMMISSION DECISION BY SOLAR POWER INC., REQUESTING RELIEF FROM THE IMPOSITION OF PUBLIC ARTS FEES FOR A 4.96 MEGAWATT SOLAR POWER GENERATING FACILITY ON 24 ACRES OF A 98-ACRE PARCEL AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE ZONE E-I (CASE 5.1253 CUP):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Deny the appeal and direct staff to return to the City Council with a proposed policy for imposing public art fees on all solar power generating facilities that would be similar to the methodology used for wind power generating facilities.

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 THE POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the April 6, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of March 16, 2011.

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 3-05-11 BY WARRANTS NUMBERED 416517 THROUGH 416547 TOTALING $46,960.59, LIABILITY CHECKS NUMBERED 1047554 THROUGH 1047575 TOTALING $123,526.36, FIVE WIRE TRANSFERS FOR $46,790.07, AND THREE ELECTRONIC ACH DEBITS OF $1,015,071.12, IN THE AGGREGATE AMOUNT OF $1,232,348.14, 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 1047576 THROUGH 1047651 IN THE AGGREGATE AMOUNT OF $1,582,534.38 DRAWN ON BANK OF AMERICA;” 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 1047652 THROUGH 1047661 IN THE AGGREGATE AMOUNT OF $16,636.39, DRAWN ON BANK OF AMERICA;” 4) 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 1047662 THROUGH 1047849 IN THE AGGREGATE AMOUNT OF $1,260,886.11, DRAWN ON BANK OF AMERICA;” 5) 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 3-19-11 BY WARRANTS NUMBERED 416548 THROUGH 416574 TOTALING $42,278.48, LIABILITY CHECKS NUMBERED 1047850 THROUGH 1047873 TOTALING $126,430.86, FIVE WIRE TRANSFERS FOR $45,765.96, AND THREE ELECTRONIC ACH DEBITS OF $989,781.14, IN THE AGGREGATE AMOUNT OF $1,204,256.44, DRAWN ON BANK OF AMERICA;” and 6) 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 1047874 THROUGH 1048017 IN THE AGGREGATE AMOUNT OF $545,062.82, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1785, PROHIBITING MOBILE VENDING NEAR SCHOOLS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1785, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.08.140 TO THE PALM SPRINGS MUNICIPAL CODE, TO PROHIBIT MOBILE VENDING NEAR SCHOOLS.”

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1786, AMENDING THE EXISTING HOTEL INCENTIVE PROGRAM FOR A FIRST CLASS NEW HOTEL TO RECEIVE SEVENTY-FIVE PERCENT OF THE ADJUSTED TAX RATE:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1786, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION (a) OF SECTION 5.26.040 OF THE PALM SPRINGS MUNICIPAL CODE, WITH RESPECT TO FIRST CLASS NEW HOTELS PARTICIPATING IN THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM.”

2.F. ACCEPT THE RESIGNATION OF ALFRED GERGELY FROM THE ADMINISTRATIVE APPEALS BOARD:
ACTION: 1) Accept with regret the resignation of Alfred Gergely from the Administrative Appeals Board; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.G. CHANGE ORDER NO. 6 TO AGREEMENT NO. A5976 WITH W. E. O’NEIL CONSTRUCTION COMPANY TO SETTLE ALL ITEMS RELATED TO FIELD CORRECTION NOTICE NO. 8 ON THE PALM SPRINGS ANIMAL SHELTER PROJECT:
RECOMMENDATION: 1) Approve Change Order No. 6 to Agreement No. A5976 with W. E. O’Neil Construction Company to settle all items related to Field Correction No. 8 on the Palm Springs Animal Shelter; and 2) Authorize the City Manager to execute all necessary documents. A5976.

2.H. FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROJECT (AIP) 48 GRANT ACCEPTANCE:
RECOMMENDATION: 1) Approve the acceptance of FAA AIP Grant No. 3-06-0101-048-2011 for up to $2,200,000 for the construction phase of the Security Fencing Project; and 2) Authorize the City Manger to execute all necessary documents. A____.

2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE WIDENING (TRAMVIEW ROAD TO UPRR), FEDERAL PROJECT NO. STPLN-5282 (023) (CP 01-25):
RECOMMENDATION: Approve the plans, specifications, and working details for the Indian Canyon Drive Widening (Tramview Road to UPRR), Federal Project No. STPLN-5282(023) (CP 01-25), and authorize the bid process.

2.J. PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC. FOR ON-CALL SOILS, GEOTECHNICAL AND MATERIALS TESTING SERVICES:
RECOMMENDATION: 1) Approve an agreement with Southern California Soil & Testing, Inc., for “on-call” soils, geotechnical and materials testing services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager; 2) Authorize the Director of Public Works/City Engineer to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts up to $25,000; 3) Authorize the City Manager to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts in excess of $25,000; and 4) Authorize the City Manager to execute all necessary documents. A____.

2.K. GENERAL PLAN HOUSING ELEMENT 2010 ANNUAL REPORT TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT:
RECOMMENDATION: Receive and file.

2.L. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
RECOMMENDATION: 1) Approve the purchase of thirty-one (31) Dell Latitude E6400XFR Ruggedized notebook computers with corresponding Dell Mobile Docking Stations and Multimode Combo antennas from Dell Corporation via the Western States Contracting Alliance Cooperative Purchase Agreement WN99ABZ in the amount of $148,662.81; and
2) Authorize the City Manager to execute all necessary documents.

2.M. ADDITIONAL MISCELLANEOUS FISCAL YEAR 2010-11 MAINTENANCE AND REPAIR EXPENDITURES FOR THE CO-GENERATION PLANTS:
RECOMMENDATION: Approve additional funds to Johnson Power Systems Purchase Order No. 11-0193 for the as-needed purchase of Caterpillar repair parts in an amount not-to-exceed $60,000.

2.N. SURRENDER THE PERMIT FOR THE COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SURRENDERING THE PERMIT FOR THE COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN AND REPEALING THE FRINGE-TOED LIZARD MITIGATION FEE.”

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
RECOMMENDATION: 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS.”

3.B. PROPOSED ORDINANCE RELATING TO PROHIBITION OF SMOKING NEAR PLAYGROUNDS:
RECOMMENDATION: 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING NEAR PLAYGROUNDS.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2011 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
RECOMMENDATION: 1) Direct the City Clerk to provide for the City Council as whole, to participate in the screening and interview of Applicants for the Planning Commission and the Historic Site Preservation Board; 2) Appoint two-member City Council Subcommittees to screen and interview Applicants for the following Commissions and Boards: Administrative Appeals Board, Human Rights Commission, Library Board of Trustees, Parks and Recreation Commission, Personnel Board, Airport Commission, Public Arts Commission, Rent Review Commission, Sustainability Commission, VillageFest Board, and Tramway Board.

5.B. BRIDGE AESTHETIC DESIGN PLANS FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING (CP 87-49):
RECOMMENDATION: Approve the bridge aesthetic design plans for the Belardo Road Bridge and Roadway Widening (CP 87-49).

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 Wednesday, April 20, 2011, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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