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City Council Meeting

December 14, 2011

CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


4:30 PM CLOSED SESSION
6:00 PM REGULAR MEETING

December 14, 2011


Steve Pougnet, Mayor
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, Councilmember
Paul Lewin, 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 ADJOURNED MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Dr. Jeff Walker, Victory Christian 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. AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT TO CHANGE THE USE FROM CONDOMINIUMS TO TIME-SHARE CONDOMINIUM HOTEL AT A 12-UNIT CONDOMINIUM PROJECT, LOCATED AT 588 SAN LORENZO ROAD (CAST 5.1171 AMND PDD 351):
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 A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT AMENDMENT TO ADD TIME-SHARE CONDOMINIUM HOTEL USES TO THE LIST OF PERMITTED USES IN pDd 351, AT an existing 12-UNIT condominium PROJECT located at 588 San Lorenzo Road, zone R-3, section 23 (CASE 5.1171 amnd
PDD 351).”

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 December 14, 2011, City Council Agenda.

2.B. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2011:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of September 30, 2011.

2.C. TIME LIMITED PARKING IN THE VICINITY OF ST. THERESA’S SCHOOL:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING 2-HOUR TIME LIMITED PARKING ZONES FROM 7:00 A.M. TO 7:00 P.M. ON THE SOUTH SIDE OF THE RAMON ROAD FRONTAGE ROAD ADJACENT TO ST. THERESA’S.”

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

2.E. AMENDMENT NO. 10 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR OWNER’S REPRESENTATIVE SERVICES TO REFLECT AN EXTENSION OF THREE MONTHS ADDITIONAL START-UP SERVICES AT THE ANIMAL SHELTER PROJECT:
RECOMMENDATION: 1) Approve Amendment No. 8 to Agreement No. A5488 with Allen F. Smoot & Associates, for Owner Representative Services, extending the start-up services at the Animal Shelter for a an additional three months; and 2) Authorize the City Manager to execute all necessary documents. A5488.

2.F. 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 1052532 THROUGH 1052753 IN THE AGGREGATE AMOUNT OF $8,884,458.18, 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 11-12-11 BY WARRANTS NUMBERED 417081 THROUGH 417104 TOTALING $43,193.99, LIABILITY CHECKS NUMBERED 1052754 THROUGH 1052778 TOTALING $123,514.46, FIVE WIRE TRANSFERS FOR $48,396.84, AND THREE ELECTRONIC ACH DEBITS OF $1,016,522.90, IN THE AGGREGATE AMOUNT OF $1,231,628.19, 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 1052779 THROUGH 1052858 IN THE AGGREGATE AMOUNT OF $565,444.82, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 11-26-11 BY WARRANTS NUMBERED 417105 THROUGH 417129 TOTALING $56,656.48, LIABILITY CHECKS NUMBERED 1052859 THROUGH 1052883 TOTALING $122,136.97, FIVE WIRE TRANSFERS FOR $92,818.59, AND THREE ELECTRONIC ACH DEBITS OF $1,389,513.13, IN THE AGGREGATE AMOUNT OF $1,661,125.17, DRAWN ON BANK OF AMERICA;” and 5) 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 1052884 THROUGH 1052979 IN THE AGGREGATE AMOUNT OF $3,594,520.79, DRAWN ON BANK OF AMERICA.”

2.G. AMENDMENT NO. 2 TO THE FISCAL YEAR 2011-12 ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2011-12, ADOPTED BY RESOLUTION NO. 22925.”

2.H. AGREEMENT WITH FALCO ENTERPRISES, INCORPORATED, FOR THE PURCHASE OF TWO (2) POLICE CANINES, TWO (2) ACADEMY COURSES, MONTHLY MAINTENANCE TRAINING AND YEARLY CERTIFICATION:
RECOMMENDATION: 1) Approve an agreement with Falco Enterprises, Incorporated, in a form acceptable to the City Attorney, approving the purchase of two (2) police canines, one (1) Basic Patrol K9 Academy course, one (1) Basic Explosive Detection K9 Academy course, monthly maintenance training for five (5) dogs, and yearly certification training for five (5) dogs in the amount of $39,995 for the period of January 1, 2012, through December 31, 2012; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS IN VILLAGEFEST:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION 1-F-10 OF THE VILLAGEFEST RULES AND REGULATIONS, ADOPTED BY RESOLUTION NO. 21883, RELATING TO RETAIL MERCHANT VENDORS.”

2.J. AMENDMENTS TO THE SKYWEST AIRLINES AND ATLANTIC AVIATION LEASE AGREEMENTS:
RECOMMENDATION: 1) Approve Amendment No. 3 to the Operation and Lease Agreement No. A2388 with SkyWest Airlines, Inc., adding an amount of undeveloped leasehold land to accommodate an expansion of SkyWest’s maintenance operations and providing SkyWest with development assistance of up to 15 months of rent abatement, not to exceed $51,000; 2) Approve Amendment No. 2 to the Operation and Lease Agreement No. A1764 with Atlantic Aviation FBO, Inc., reducing the amount of its undeveloped leasehold land; and 3) Authorize the City Manager to execute all necessary documents. A2388. A1764. 

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

2.L. APPROVE REVISED CITY OF PALM SPRINGS’ INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT THE IIPP:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING IMPLEMENTATION OF THE REVISED PALM SPRINGS INJURY AND ILLNESS PREVENTION PROGRAM (IIPP).”

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. CITYWIDE ENERGY MANAGEMENT PROJECT:
RECOMMENDATION: 1) Direct staff to move forward with Chevron Energy Solutions on the recommended list of Energy Conservation Measures to be included in the scope of the overall Citywide energy management project; 2) Approve the Comprehensive Energy Audit (“CEA”) submitted by Chevron Energy Solutions dated July 20, 2011; and 3) Direct staff to move forward with an independent third party review of the Citywide energy management project.

4.B. PROGRESS REPORT, UPDATE, AND DISCUSSION REGARDING THE PALM SPRINGS PROMENADE LLC DOWNTOWN REVITALIZATION PROJECT AT THE DESERT FASHION PLAZA LOCATED AT 123 NORTH PALM CANYON DRIVE:
RECOMMENDATION: Direct staff as appropriate.

4.C. PRE-DEVELOPMENT FUNDING AGREEMENT WITH WESSMAN DEVELOPMENT COMPANY AND PALM SPRINGS PROMENADE, LLC, FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123 NORTH PALM CANYON DRIVE AND A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS (DESERT FASHION PLAZA):
RECOMMENDATION: 1) Approve an agreement with Wessman Development Company and Palm Springs Promenade, LLC for the redevelopment of real property at 123 North Palm Canyon Drive, commonly known as the Desert Fashion Plaza; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS;” and 3) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE 2011-2012 FISCAL YEAR BUDGET;” and 4) Authorize the City Manager to execute all necessary documents. A____.
5. NEW BUSINESS:

5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY COMMISSIONS AND BOARDS:
RECOMMENDATION: 1) Identify and direct the City Clerk to delete any inactive City Council Subcommittees; and 2) Review, Reappoint and/or Appoint City Council Subcommittees and Liaisons to Outside Organizations and City Council Liaisons to certain City Commissions and Boards.

5.B. PROPOSED REVISIONS TO MAINTENANCE, LANDSCAPING, AND AN AMENDMENT TO THE SIGN PROGRAM AT THE EL MIRADOR BUILDING, A CLASS 1 HISTORIC PROPERTY AT 1150 NORTH INDIAN CANYON DRIVE (DESERT REGIONAL MEDICAL CENTER) (HSPB 1):
RECOMMENDATION: 1) Adopt a Certificate of Approval to amend the maintenance, landscaping, and sign programs for the El Mirador Building (HSPB 1) located at 1150 North Indian Canyon Drive; and 2) Direct staff to prepare a resolution that provides for the Historic Site Preservation Board to approve future Certificates of Approval for the subject property.

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, January 4, 2012, Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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