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City Council Meeting Agenda and Staff Reports

December 5, 2012

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
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, Chief of Staff/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

CALL TO ORDER (Large Conference Room):

PUBLIC COMMENT (Large Conference Room): 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

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Sharon Stroud, Inner Faith Spiritual Center.

ROLL CALL:

PRESENTATIONS:

Palm Springs Public Library’s Annual Report for Fiscal Year 2011-12 by Board of Library Trustees President.

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 THE PALM SPRINGS ZONING CODE TO EXTEND THE TERM FOR ALLOWING PORTABLE “OPEN” SIGNS IN FRONT OF COMMERCIAL BUSINESSES (ZTA 5.1202):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the ordinance text in its entirety and read by title only; and 3) Introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3 OF ORDINANCE NO. 1744, RELATING TO PALM SPRINGS ZONING CODE SECTION 93.20.09.B.5, PORTABLE OPEN SIGNS BY EXTENDING THE PROVISIONS OF ORDINANCE NO. 1744 TO OCTOBER 3, 2014.”


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 5, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of
November 7, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 9-29-12 BY WARRANTS NUMBERED 417777 THROUGH 417808 TOTALING $52,933.98, LIABILITY CHECKS NUMBERED 1058978 THROUGH 1059001 TOTALING $125,412.45, FIVE WIRE TRANSFERS FOR $44,418.92, AND THREE ELECTRONIC ACH DEBITS OF $1,045,456.66 IN THE AGGREGATE AMOUNT OF $1,268,222.01, 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 1059002 THROUGH 1059138 IN THE AGGREGATE AMOUNT OF $556,392.32 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 1059139 THROUGH 1059268 IN THE AGGREGATE AMOUNT OF $2,270,911.82 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 10-13-12 BY WARRANTS NUMBERED 417809 THROUGH 417836 TOTALING $45,780.47, LIABILITY CHECKS NUMBERED 1059269 THROUGH 1059293 TOTALING $125,604.68, FIVE WIRE TRANSFERS FOR $44,941.92, AND THREE ELECTRONIC ACH DEBITS OF $1,054,486.33 IN THE AGGREGATE AMOUNT OF $1,270,813.40, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1059294 THROUGH 1059452 IN THE AGGREGATE AMOUNT OF $1,068,098.66 DRAWN ON BANK OF AMERICA;” 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 1059453 THROUGH 1059539 IN THE AGGREGATE AMOUNT OF $1,613,200.41 DRAWN ON BANK OF AMERICA;” 7) 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 10-27-12 BY WARRANTS NUMBERED 417837 THROUGH 417864 TOTALING $44,842.78, LIABILITY CHECKS NUMBERED 1059540 THROUGH 1059564 TOTALING $125,239.83, FIVE WIRE TRANSFERS FOR $42,072.31 AND THREE ELECTRONIC ACH DEBITS OF $1,144,126.84 IN THE AGGREGATE AMOUNT OF $1,356,281.76, DRAWN ON BANK OF AMERICA;” and 8) 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 1059565 THROUGH 1059653 IN THE AGGREGATE AMOUNT OF $1,410,794.05, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF OCTOBER 2012:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of October 1 through 31, 2012.

2.E. TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2012:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of October 31, 2012.

2.F. ACCEPT THE RESIGNATION OF TIMOTHY CLEVELAND FROM THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Timothy Cleveland from the Villagefest Board; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2015.

2.G. APPOINTMENT TO THE BOARD OF LIBRARY TRUSTEES:
RECOMMENDATION: 1) Appoint Linda Futterer to the Board of Library Trustees for the unexpired term ending June 30, 2015.

2.H. CITY OF PALM SPRINGS GOVERNMENT CODE SECTION 66000 DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2011-12:
RECOMMENDATION: Receive and file the Fiscal Year 2011-12 Development Project Fee Report pursuant to Cal. Gov. Code §66000.

2.I. APPROVING MEMORANDUMS OF UNDERSTANDING FOR THE PALM SPRINGS POLICE OFFICERS ASSOCIATION, PALM SPRINGS POLICE MANAGEMENT ASSOCIATION, AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MEMORANDUMS OF UNDERSTANDING (MOU’S) RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION, THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION, FOR THE PERIOD JULY 1, 2012, THROUGH JUNE 30, 2014, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUMS OF UNDERSTANDING;” and 2) Authorize the City Manager to execute the Memorandums of Understanding in a form acceptable to the City Attorney. A5340. A5569. A5428.

2.J. AWARD CONTRACT FOR THE OUTFITTING OF F-350 AND F-450 CHASSIS TO PLATFORM/FLATBED TRUCKS:
RECOMMENDATION: 1) Approve an agreement with C-Tec / California Truck Equipment Company Inc. for all the labor and materials necessary to fabricate and install platform/flatbeds on two 2012 Ford chassis in the amount of $52,106.00; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.K. APPROVE OUTFITTING OF POLICE VEHICLES:
RECOMMENDATION: 1) Award the outfitting of police vehicles via a purchase order at a per unit price of $7,227.89 for Police Patrol Vehicles; $3,825.70 for Police Admin/Undercover Vehicles; and $9,301.25 for Police K-9 Vehicles for a total purchase price of $112,083.26, valid through June 30, 2013, on an as-needed basis, to West Coast Lights and Sirens, Inc. inclusive of all applicable taxes and delivery; and 2) Authorize the City Manager to execute all necessary documents.

2.L. APPROVE THE PURCHASE AND INSTALLATION CONTRACT FOR NEW CARPET AT THE AIRPORT BONO CONCOURSE AND SECURITY CHECKPOINT:
RECOMMENDATION: 1) Approve the purchase and installation of new carpet for the Airport’s Bono Concourse and Security Checkpoint as specified in Invitation for Bids (IFB) No. 13-02, to Del’s Flooring Contractor’s Inc. in the amount of $157,016.95; and 2) Authorize City Manager to execute all necessary documents.

2.M. REPORT OF EMERGENCY REPAIR TO AIRPORT SECURITY ACCESS CONTROL SYSTEM PURSUANT TO PALM SPRINGS MUNICIPAL CODE 7.040.040 (3) EMERGENCY PROCUREMENT:
RECOMMENDATION: Ratify the emergency expenditure for the Airport’s Security Access System to Systems Integration Corporation in the amount of $34,984.17.

2.N. AWARD CONTRACT FOR THE FIRE STATION NO. 1 EMERGENCY GENERATOR INSTALLATION PROJECT (CP 11-09):
RECOMMENDATION: 1) Approve an agreement with G&M Construction, Inc., for the Emergency Generator Installation at Fire Station No. 1 in the amount of $34,500.00 (CP 11-09); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.O. AMENDMENT NO. 1 TO AGREEMENT NO. A5656 EXTENDING THE PROFESSIONAL INSURANCE BROKERAGE SERVICES AGREEMENT WITH KEENAN & ASSOCIATES FOR AN ADDITIONAL THREE (3) YEAR TERM:
RECOMMENDATION: 1) Approve Amendment No. 1 to
Agreement No. A5656 with Keenan & Associates for professional insurance brokerage services, extending the agreement for three (3) fiscal years (Fiscal Years 2013-14, 2014-15, and 2015-16) in an amount not to exceed $60,000 per year; and 2) Authorize the City Manager to execute the necessary documents. A5656.

2.P. PALM SPRINGS PUBLIC LIBRARY BOARD OF TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2011-12:
RECOMMENDATION: Receive and file the Palm Springs Library Board of Trustees Annual Report for Fiscal Year 2011-12.

2.Q. AMENDING PROVISIONS OF RESOLUTION NO. 19880 AND 19883, ELIMINATING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR NEW EMPLOYEES OF THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION AND THE PALM SPRING FIRE MANAGEMENT ASSOCIATION IN THE SAFETY GROUP FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS).”

2.R. MARKETING SERVICES WITH DESERT PUBLICATIONS/PALM SPRINGS LIFE MAGAZINE FOR A YEAR-LONG PROMOTION OF THE CITY’S 75TH ANNIVERSARY BEGINNING IN JANUARY 2013:
RECOMMENDATION: 1) Approve an agreement with Palm Springs Life Magazine for the marketing of the 75th anniversary of the City of Palm Springs; and 2) Authorize the City Manager to execute all the necessary documents upon review and approval of the City Attorney. A____.

2.S. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Appoint Joseph Jackson to the Sustainability Commission for the unexpired term ending June 30, 2015; and 2) Appoint Grant Wilson to the Sustainability Commission for the unexpired term ending June 30, 2013.

2.T. APPROVING AN ASSET TRANSFER ASSESSMENT AND ASSET TRANSFER QUESTIONNAIRE AND AUTHORIZING ITS SUBMITTAL TO THE STATE CONTROLLER’S OFFICE, AND RATIFYING AND CONFIRMING THE TRANSFER OF CERTAIN REAL PROPERTY FOR CITY GOVERNMENTAL PURPOSES TO THE CITY:
RECOMMENDATION: 1) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING AN ASSET TRANSFER ASSESSMENT AND ASSET TRANSFER QUESTIONNAIRE AND AUTHORIZING ITS SUBMITTAL TO THE STATE CONTROLLER’S OFFICE, AND RATIFYING AND CONFIRMING THE TRANSFER OF CERTAIN REAL PROPERTY FOR CITY GOVERNMENTAL PURPOSES TO THE CITY;” and 2) Direct the Clerk of the Successor Agency to cause the transmission of the Asset Transfer Assessment and Asset Transfer Questionnaire to the State Controller's Office, and to post the report to the City's website.

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. AUTHORIZING WHITEWATER SOLAR FARM 1, LLC FOR 7.75 ACRES OF “TAKE” PURSUANT TO THE GUIDELINES OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN, FOR DEVELOPMENT OF ROUGHLY 12 ACRES OF A 108-ACRE PARCEL FOR A 3 MEGAWATT SOLAR ENERGY PRODUCTION FACILITY LOCATED AT 58641 TIPTON ROAD (CASE 5.1277 CUP):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING 7.75 ACRES OF “TAKE” FROM THE WHITEWATER RIVER CONSERVATION AREA AS DESIGNATED IN THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN TO BE DESIGNATED FOR CASE 5.1277 CUP; A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A ROUGHLY 12-ACRE, 3 MEGAWATT SOLAR ENERGY PRODUCTION FACILITY ON A PORTION OF A 108-ACRE PARCEL AT 58641 TIPTON ROAD (APN: 522-080-065), AND REQUIRING AN EQUIVALENT AMOUNT OF UNDISTURBED LAND WITHIN THE CONSERVATION AREA TO BE DEEDED TO THE COACHELLA VALLEY CONSERVATION COMMISSION TO BE SET ASIDE FOR PERMANENT CONSERVATION.”

5.B. 1st QUARTER FISCAL YEAR 2012-13 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.C. APPOINTMENT OF TWO CITY COUNCIL AD HOC SUBCOMMITTEES FOR THE SELECTION OF THE CITY BUILDING OFFICIAL AND THE PLANNING SERVICES DIRECTOR:
RECOMMENDATION: 1) Appoint two members of the City Council to an ad hoc City Council Subcommittee for the selection of the Director of Building and Code Enforcement; and 2) Appoint two members of the City Council to an ad hoc City Council Subcommittee for the selection of the Planning Services Director.

5.D. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE TO THE MEASURE “J” OVERSIGHT COMMISSION:
RECOMMENDATION: Appoint two members of the City Council to an ad hoc City Council Subcommittee to the Measure “J” Oversight Commission.

5.E. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE SITE SELECTION FOR THE POTENTIAL RELOCATION OF FIRE STATION NO. 5:
RECOMMENDATION: Appoint two members of the City Council to an ad hoc City Council Subcommittee for the site selection for the relocation of Fire Station No. 5.

5.F. APPOINTMENT OF MAYOR PRO TEM FOR THE TERM ENDING DECEMBER, 2013:
RECOMMENDATION: Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2013.

5.G. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF DESERT HOT SPRINGS FOR THE NORTH INDIAN CANYON DRIVE IMPROVEMENT PROJECT:
RECOMMENDATION: 1) Approve an agreement with the City of Desert Hot Springs for the North Indian Canyon Drive Improvement Project; and 2) Authorize the City Manager to execute all necessary documents. A____.

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, December 19, 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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