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City Council Meeting

July 20, 2011

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. 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. REGULAR MEETING
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION: Pastor Mike Coppersmith, Our Savior’s Community Church.

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. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 5.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE:
RECOMMENDATION: 1) Continue the public hearing from July 6, 2011, and receive public testimony; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 5.0749 TO INCLUDE A PLANNING COMMISSION REVIEW, A SECURITY PLAN AND THE ELIMINATION OF OUTDOOR SPEAKERS FOR THE COCKTAIL LOUNGE LOCATED AT 120 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 THE POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the July 20, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Adjourned Meeting Minutes of July 7, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049767 THROUGH 1049906 IN THE AGGREGATE AMOUNT OF $498,109.13, 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 6-25-11 BY WARRANTS NUMBERED 416746 THROUGH 416783 TOTALING $51,714.47, LIABILITY CHECKS NUMBERED 1049907 THROUGH 1049930 TOTALING $124,978.14, FIVE WIRE TRANSFERS FOR $49,123.21, AND THREE ELECTRONIC ACH DEBITS OF $993,720.35, IN THE AGGREGATE AMOUNT OF $1,219,536.17, 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 1049931 THROUGH 1049985 IN THE AGGREGATE AMOUNT OF $3,228,207.26, DRAWN ON BANK OF AMERICA.”

2.D. CONSIDER A REQUEST FROM PROPERTY OWNERS APPROVING THE ABANDONMENT AND DISSOLUTION OF ASSESSMENT DISTRICT NO. 155:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ABANDONING AND DISSOLVING ASSESSMENT DISTRICT NO. 155 OF THE CITY OF PALM SPRINGS, CALIFORNIA.”

2.E. PURCHASE OF 17,875 GALLONS OF SEALANT CONCENTRATE FROM GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $133,859.17:
RECOMMENDATION: 1) Approve the purchase of 17,875 gallons of sealant concentrate, as specified in Invitation for Bid No. 11-07, from Granite Construction Company in the amount of $133,859.17; and
2) Authorize the City Manager to execute all necessary documents.

2.F. AGREEMENT WITH SPERRY VAN NESS FOR COMMERCIAL REAL ESTATE BROKER SERVICES FOR AIRPORT PROPERTIES:
RECOMMENDATION: 1) Approve an agreement with Sperry Van Ness for commercial real estate broker services for airport properties; and
2) Authorize the City Manager to execute all necessary documents. A____.

2.G. APPROVAL OF TRACT MAP 31422 LOCATED AT 2620 ANZA TRAIL AND 2641 MORONGO TRAIL:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 31422 FOR PROPERTY LOCATED AT 2630 ANZA TRAIL AND AT 2641 MORONGO TRAIL, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST;” and 2) Authorize the City Manager to execute all necessary documents.

2.H. SUB-REIMBURSEMENT AGREEMENT WITH CVAG FOR THE LOCAL SHARE OF COSTS FOR THE INTERSTATE 10 INTERCHANGE PROJECT AT RAMON ROAD/BOB HOPE DRIVE:
RECOMMENDATION: 1) Approve a Sub-Reimbursement Agreement by and between CVAG, County of Riverside, City of Palm Springs, City of Cathedral City, City of Rancho Mirage, and City of Desert Hot Springs for the Interchange Project at I-10 and Ramon Road/Bob Hope Drive; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. AMENDMENT NO. 8 TO CVAG REIMBURSEMENT AGREEMENT NO. A4317 FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
RECOMMENDATION: 1) Approve Amendment No. 8 to Agreement No. A4317 with CVAG for the Indian Avenue (now Indian Canyon Drive) / Interstate-10 Interchange Project (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A4317.

2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE TRACT NO. 13257 SEWER IMPROVEMENTS (PHASES 1 & 2) (CP 10-02):
RECOMMENDATION: Approve the plans, specifications, and working details for the Tract No. 13257 Sewer Improvements (Phases 1 and 2) (CP 10-02) and authorize the bid process.

2.K. AMENDMENT NO. 11 TO THE AMENDED AND RESTATED WASTEWATER SERVICES AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING SERVICES, INC. FOR THE OPERATION AND MAINTENANCE OF THE CITY’S SEWER SYSTEM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12:” and 2) Approve Amendment No. 11 to the Amended and Restated Wastewater Services Agreement No. A4123 with Veolia West Operating Services, Inc. (formerly Veolia Water North America-West, LLC); and
3) Authorize the City Manager to execute all necessary documents. A4123

2.L. CITYWIDE ENERGY MANAGEMENT PROJECTSee additional material below.
RECOMMENDATION: 1) Receive and file the Comprehensive Energy Analysis dated June 30, 2011, prepared by Chevron Energy Solutions Co.; and 2) Schedule a Study Session for September 28, 2011, for a separate discussion with staff and CES to review the list of ECMs proposed as part of the citywide energy management project, and to determine the final scope of the energy management project undertaken by the City.

Comprehensive Energy Analysis 
Appendices A-D to Comprehesive Enery Analysis

2.M. AWARD OF CONTRACT FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, FEDERAL PROJECT NO. PLHL-5282 (020)
(CP 87-49)
:
RECOMMENDATION: 1) Approve an agreement with G & M Construction in the amount of $2,221,366.06, for the Belardo Road Bridge and Roadway Project, Federal Project No. PLHL-5282 (020) (CP 87-49);
2) Authorize the City Manager to approve cumulative change orders of up to 10% of the awarded construction contract amount, or $222,136.61; and 3) Authorize the City Manager to execute all necessary documents. A____.

2.N. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JUNE 2011:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2011.

2.O. AWARD OF IFB 11-08 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS:
RECOMMENDATION: 1) Award a contract for Bid (IFB) 11-08, Palm Tree Trimming at various locations in the City of Palm Springs to Padilla Tree Service based on unit prices per tree for a projected cost of $62,051.00; and 2) Authorize the City Manager to execute all necessary documents.

2.P. ACCEPT THE RESIGNATION OF JON CAFFERY FROM THE PLANNING COMMISSION EFFECTIVE AUGUST 11, 2011:
RECOMMENDATION: 1) Accept with regret the resignation of Jon Caffery from the Planning Commission effective August 11, 2011; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.Q. OUTFITTING OF PUBLIC SAFETY VEHICLES:
RECOMMENDATION: Authorize the City Manager to award and execute all necessary documents, including all purchase orders and associated contracts, in accordance with the procurement bidding procedures, between July 21 and September 6, 2011, to allow the outfitting of the new police vehicles in an amount not to exceed $90,000 to proceed without delay.

2.R. LEASE-PURCHASE AGREEMENT WITH TORO FINANCING FOR 33 PIECES OF MAINTENANCE EQUIPMENT FOR SERVICE AT THE TAHQUITZ CREEK LEGENDS AND RESORT GOLF COURSES:
RECOMMENDATION: 1) Approve the Lease/Purchase Agreement with Toro Financing for a period of 48 months in an amount of $6,837.38 per month for a total of $328,194.13; and 2) Authorize the City Manager to execute all necessary documents. A____.

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. CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, REGARDING A ONE PERCENT TRANSACTIONS, SALES, AND USE TAX:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A ONE PERCENT (1%) TRANSACTIONS, SALES, AND USE TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY RESOLUTION NO. 22957;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”

4.B. APPROVE A PROJECT FINANCING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS PROMENADE, LLC FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 123 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PROJECT FINANCING AGREEMENT WITH PALM SPRINGS PROMENADE, LLC FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123 NORTH PALM CANYON DRIVE, COMMONLY KNOWN AS THE DESERT FASHION PLAZA.”

4.C. COMMUNITY REDEVELOPMENT AGENCY HEARING FOR A RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF THE DESERT FASHION PLAZA AND THE TOWN AND COUNTRY CENTER:
RECOMMENDATION: 1) Accept public testimony for this Item at this time; 2) Abandon Proceedings on the Resolution of Necessity and authorize the Executive Director to execute an agreement with the Property Owner agreeing to cease eminent domain for the Desert Fashion Plaza property for a period of three years, contingent upon Property Owner executing a Project Financing Agreement with the City implementing the Museum Market Plaza Specific Plan; and 3) In the alternative, and in the event the Property Owner and the City do not enter into a Project Financing Agreement, the Agency could consider and adopt Resolution No. ____, “A RESOLUTION OF THE BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF THE DESERT FASHION PLAZA PROPERTY (ASSESSOR’S PARCEL NUMBERS 513-560-002, 004, 007, 008, and 009) AND THE TOWN AND COUNTRY CENTER (APN’S 513-092-003, 009, 010) IN THE CITY OF PALM SPRINGS, CALIFORNIA, AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS.


5. NEW BUSINESS:

5.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 21-23, 2011:
RECOMMENDATION: Appoint a Member of the City Council as the Voting Delegate, and appoint a Member of the City Council as the Alternate Voting Delegate for the 2011 League of California Cities Annual Conference in San Francisco, California, September 21-23, 2011.

5.B. DOWNTOWN AND UPTOWN BUSINESS DISTRICT TEMPORARY PUBLIC RESTROOM PROGRAM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DOWNTOWN AND UPTOWN TEMPORARY PUBLIC RESTROOM PROGRAM GUIDELINES AND APPLICATION/AGREEMENT;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12.”

5.C. DISCUSS POTENTIAL CITY COUNCIL INITIATION OF A ZONE TEXT AMENDMENT WITH REGARD TO CHANGEABLE COPY AND OTHER SIGNS PURSUANT TO PALM SPRINGS ZONING CODE SECTION 94.07.01(A)(1)(b):
RECOMMENDATION: Direct staff as appropriate.

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, September 7, 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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