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City Council Meeting

January 18, 2012

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
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 MEETING

CALL TO ORDER:

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

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

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. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL TO DENY THE HISTORIC SITE PRESERVATION BOARD’S REQUEST TO INCLUDE SITE PARKING AND LANDSCAPE AREAS, AND AMENDING THE DESIGNATION TO INCLUDE THE CONCRETE PLAZA, LOCATED AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (HSPB 33):
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, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF PALM SPRINGS CITY HALL TO INCLUDE THE CONCRETE PLAZA IMMEDIATELY FRONTING THE MAIN AND COUNCIL CHAMBER ENTRANCES AT 3200 EAST TAHQUITZ CANYON WAY.”


1.B. RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND AGREEMENT:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Approve the Sewer Construction Refund Agreement with Tuscany Heights, LLC; and 3) Direct the City Clerk to record the Sewer Construction Refund Agreement with the Riverside County Recorder. A____.

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 January 18, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 4, 2012.

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 1053325 THROUGH 1053507 IN THE AGGREGATE AMOUNT OF $672,543.08, 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 12-24-11 BY WARRANTS NUMBERED 417159 THROUGH 417184 TOTALING $44,825.92, LIABILITY CHECKS NUMBERED 1053508 THROUGH 1053511 TOTALING $2,809.87, ONE WIRE TRANSFER FOR $1,437.46, AND THREE ELECTRONIC ACH DEBITS OF $1,147,291.25 IN THE AGGREGATE AMOUNT OF $1,196,364.50, 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 1053512 THROUGH 1053578 IN THE AGGREGATE AMOUNT OF $1,565,536.91, DRAWN ON BANK OF AMERICA;” and 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 1053579 THROUGH 1053664 IN THE AGGREGATE AMOUNT OF $1,000,560.44, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2011:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2011.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1803, APPROVING PLANNED DEVELOPMENT DISTRICT (PDD 357) IN LIEU OF A CHANGE OF ZONE FOR THE PARCEL LOCATED AT 1000 NORTH PALM CANYON DRIVE:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1803, “AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PDD 357) IN LIEU OF A CHANGE OF ZONE FOR THE PARCEL LOCATED AT 1000 NORTH PALM CANYON DRIVE.”

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

2.G. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE RAMON ROAD WIDENING FROM SAN LUIS REY DR. TO LANDAU BLVD. INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING (CP 08-25):
RECOMMENDATION: 1) Determine that, due to experience and expertise demonstrated in prior contracts with the City, CNS Engineers, Inc., is uniquely qualified for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, (City Project 08-25), Federal Aid Project No. BHLS-5282 (040), that makes the application of all requirements of competitive sealed proposals contrary to the public interest; 2) Approve an agreement with CNS Engineers, Inc., in the amount of $1,159,990.31 for environmental and civil engineering design services related to the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, Federal Aid Project No. BHLS-5282 (040) (CP 08-25); and 3) Authorize the City Manager to execute all necessary documents. A____.

2.H. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER (CP 10-10):
RECOMMENDATION: 1) Approve an agreement with CNS Engineers in the amount of $1,438,483.95 for environmental and civil engineering design services related to the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River, Federal Aid Project No. BR-NBIL (513) (CP 10-10); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH (CP 06-18):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, FEDERAL AID PROJECT NO. BR-NBIL (502) (CP 06-18).”

2.J. TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS.”
A4955, Tract Map 30050 “Alta”, extended to February 3, 2013
A5100, Tract Map 31263, “The Towers”, extended to February 3, 2013
A5105, Tract Map 32160 “Enclave”, extended to February 18, 2013
A5131, Tract Map 30046 “Monte Sereno”, extended to March 18, 2013
A5086, A5087, A5088, and A5089,
Tract Maps 32233-1, -2, -3 & -4 “Escena”, extended to April 2, 2013
A5276, Tract Map 32675 “Alexander Country Club Estates”,
extended to April 2, 2013
A5246, Tract Map 33561 “Palermo”, extended to April 2, 2013
A5516, Tract Map 33162 “Pedregal”, extended to April 4, 2013
A5393, Tract Map 31848-1 “Avalon”, extended to May 4, 2013
A5426, Tract Map 32732 “Oceo”, extended to May 20, 2013
A5324, Tract Map 33933 “Murano”, extended to May 24, 2013
A4814, Tract Map 28966 “Preserve Estates”, extended to June 18, 2013
A5155, Tract Map 31514 “Luminaire”, extended to June 18, 2013
A5439, Tract Map 31525 “Four Seasons III, extended to June 18, 2013
A5436, Tract Map 33161 “Vista San Jacinto”, extended to August 9, 2013

2.K. TRACT MAP 28308 AND SUBDIVISION IMPROVEMENT AGREEMENT:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 28308 FOR PROPERTY LOCATED ON THE NORTH SIDE OF SUNNY DUNES ROAD BETWEEN CALLE AMIGOS AND SUNRISE WAY, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A RELATED SUBDIVISION IMPROVEMENT AGREEMENT;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.L. ENCROACHMENT LICENSE TO WINDTEC ENERGY, LTD, FOR PRIVATE HIGH VOLTAGE UNDERGROUND ELECTRIC LINES IN 19TH AVENUE:
RECOMMENDATION: 1) Approve an Encroachment License with Windtec Energy, LTD, for operation and maintenance of private high voltage underground electric lines located in 19th Avenue; and
2) Authorize the City Manager to execute all necessary documents. A____.

2.M. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE TAHQUITZ CANYON WAY MEDIAN LANDSCAPING (CP 08-20):
RECOMMENDATION: 1) Approve an Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads Program Funding for the Tahquitz Canyon Way Median Landscaping Improvements Project; 2) Approve a Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians for the Tahquitz Canyon Way Median Landscaping Improvements Project; and 3) Authorize the City Manager to execute all necessary documents. A____. A____.

2.N. AGREEMENT WITH SIERRA AVIATION GROUP FOR AIRPORT TERMINAL CARPET CLEANING SERVICES:
RECOMMENDATION: 1) Approve a contract services agreement for airport carpet cleaning, as specified in Invitation for Bid No. 12-03, to Sierra Aviation Group in the amount of $27,880 per annum for three (3) years, with two (2) one (1) year renewal options, subject to a CPI increase; and 2) Authorize City Manager to execute all necessary documents. A____.

2.O. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE MESQUITE AVENUE WIDENING, WEST OF BELARDO ROAD
(CP 12-01)
:
RECOMMENDATION: 1) Approve an Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads Program Funding for the Mesquite Avenue Improvements Project; 2) Approve a Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians for the Mesquite Avenue Improvements Project; and 3) Authorize the City Manager to execute all necessary documents. A____. A____.

2.P. ACCEPTANCE OF GIFT DEED FROM SUZANNE D. PARISH REAL ESTATE TRUST FOR 4.90 ACRES OF LAND TO BE PRESERVED AS OPEN SPACE:
RECOMMENDATION: Accept the Gift Deed from Suzanne D. Parish Real Estate Trust for 4.90-acres in the Araby Cove and Araby Wash area for the purpose of preserving the land as natural open space; and
2) Authorize the City Manager to execute all necessary documents.

2.Q. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
RECOMMENDATION: Receive and file the California Health and Safety Code Section 33130 Project Area Property Disclosures for:
1) Councilmember Paul Lewin [reporting no disclosable interests]; and
2) Mayor Steve Pougnet [reporting leasehold interest within a Project Area at 1010 South Palm Canyon Drive].

2.R. APPOINT COUNCILMEMBER PAUL LEWIN TO THE CITY COUNCIL SUBCOMMITTEE FOR SUSTAINABILITY:
RECOMMENDATION: Appoint Councilmember Paul Lewin to the City Council Subcommittee for Sustainability, as a replacement to Mayor Pro Tem Ginny Foat.

2.S. AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS TO USE THE PALM SPRINGS POLICE DEPARTMENT’S FIREARM RANGE THROUGH JUNE 30, 2013:
RECOMMENDATION: 1) Approve a facilities use agreement with the State of California, Department of Corrections, for the use of the Palm Springs Police Department’s Firearm Range, in the amount of $6,000.00 revenue to the City through June 30, 2013, in a form approved by the City Attorney; 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. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AND TRANSMITTAL OF ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVING AND TRANSMITTAL OF DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO AB1X 26.”

4.B. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO THE REPAYMENT OF COMMUNITY REDEVELOPMENT AGENCY LOANS:
RECOMMENDATION (CITY COUNCIL): 1) The City accept repayments of loans from the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; and 2) The City accept the acceleration and repayments of loans made to the Agency from the Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively.
RECOMMENDATION (COMMUNITY REDEVELOPMENT AGENCY):
1) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs by the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, APPROPRIATING AN ADDITIONAL $38,215 IN FUND 851 FOR THE PURPOSE OF REPAYING THE ANNUAL ADMINISTRATION LOAN; 2) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively by the Merged Area No. 2 Debt Service Fund; and 3) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, TRANSFERRING $1,021,794.46 IN UNENCUMBERED 2007 TAX ALLOCATION BOND PROCEEDS FROM MERGED AREA NO. 2 CAPITAL PROJECT FUND (FUND 812) TO MERGED AREA NO. 2 DEBT SERVICE FUND FOR THE PURPOSE OF REPAYING THE SUSTAINABILITY FUND LOAN.”

5. NEW BUSINESS: None.

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, February 1, 2012, 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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