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City Council Meeting Agenda and Staff Reports

January 2, 2013

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
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Paul Lewin, 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.

4:30 P.M. CLOSED SESSION

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

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Rev. Amanda Burr, United Methodist 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. APPEAL OF THE PLANNING COMMISSION DECISION BY DESERT SCAPES WELDING, INC. TO OVERTURN THE DENIAL TO THE RELOCATION OF DRIVEWAY GATES FOR TWO INDUSTRIAL BUILDINGS LOCATED AT 1233 & 1235 SOUTH GENE AUTRY TRAIL (CASE 3.0452 MAA) Part 1:
Part 2 of Staff Report
Part 3 of Staff Report
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY DESERT SCAPES WELDING, INC. AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST TO RELOCATE DRIVEWAY GATES AT 1233 AND 1235 SOUTH GENE AUTRY TRAIL (CASE 3.0452 MAA).”

1.B. DESIGNATE A RESIDENTIAL PROPERTY DEVELOPED WITH A SINGLE FAMILY HOME AND ACCESSORY STRUCTURES AS A CLASS 1 HISTORIC SITE LOCATED AT 992 EAST LA JOLLA ROAD (CASE HSPB 85):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY LOCATED AT 992 EAST LA JOLLA ROAD/TWIN PALMS ESTATE MODEL A2 RESIDENCE AS A CLASS 1 HISTORIC SITE (HSPB 85).”

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 2, 2013, City Council Agenda.

2.B. ACCEPT THE RESIGNATION OF TIMOTHY BROWN FROM THE PUBLIC ARTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Timothy Brown from the Public Arts Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2013.

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 12-08-12 BY WARRANTS NUMBERED 417920 THROUGH 417944 TOTALING $54,467.36, LIABILITY CHECKS NUMBERED 1060370 THROUGH 1060394 TOTALING $124,684.13, FIVE WIRE TRANSFERS FOR $74,995.20 AND THREE ELECTRONIC ACH DEBITS OF $1,412,527.85 IN THE AGGREGATE AMOUNT OF $1,666,674.54, DRAWN ON BANK OF AMERICA;” and 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 1060395 THROUGH 1060551 IN THE AGGREGATE AMOUNT OF $1,745,663.07, DRAWN ON BANK OF AMERICA.”

2.D. PROFESSIONAL SERVICES AGREEMENT WITH DMC DESIGN GROUP, INC. FOR THE MESQUITE AVENUE WIDENING PROJECT (WEST OF BELARDO ROAD) IN THE AMOUNT OF $78,991 (CP 12-01):
RECOMMENDATION: 1) Approve an agreement with DMC Design Group, Inc., in the amount of $78,991 for environmental and civil engineering design services related to the widening of Mesquite Avenue, west of Belardo Road (CP 12-01); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.E. PROPOSED EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024.”

2.F. PALM SPRINGS APPOINTMENT TO THE EASTERN RIVERSIDE COUNTY INTEROPERABLE COMMUNICATIONS AUTHORITY (ERICA):
RECOMMENDATION: Re-appoint Councilmember Paul Lewin as the Palm Springs Representative to the Eastern Riverside County Interoperable Communications Authority (ERICA).

2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A5630 WITH MAXWELL SECURITY FOR SECURITY SERVICES AT CITY OWNED FACILITIES:
RECOMMENDATION: 1) Approve Amendment No. 5 to Agreement No. A5630 with Maxwell Security to include additional security services for the Downtown Palm Springs surface parking lot and parking structure; and 2) Authorize the City Manager to execute all necessary documents. A5630.

2.H. ACCEPT THE RESIGNATION OF RANEE SCHAAFSMA FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of
Ranee Schaafsma from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2014.

2.I. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING DECEMBER 31, 2013:
RECOMMENDATION: Reappoint David Garcia, as the City of Coachella representative, to the Palm Springs International Airport Commission for the term ending December 31, 2013.

2.J. ACCEPT THE RESIGNATION OF TERRI METTIE FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Terri Mettie from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2014.

2.K. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 19, 2012. 

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

3. LEGISLATIVE:

3.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1816, APPROVING PLANNED DEVELOPMENT DISTRICT 341 IN LIEU OF A CHANGE OF ZONE AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE:
ECOMMENDATION: Waive further reading and adopt Ordinance No. 1816, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 341 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 10-ACRE PARCEL AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE (PDD 341).”

4. UNFINISHED BUSINESS:

4.A. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE POLICY AND ISSUE OF “TAKE” PURSUANT TO THE GUIDELINES OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:
RECOMMENDATION: 1) Receive update from the ad hoc City Council Subcommittee on the issue of TAKE; and 2) Direct staff to schedule
Case No. 5.1277 Solar Energy Production Facility for Wednesday, January 16, 2013.

4.B. CONSIDER G & M CONSTRUCTION’S REQUEST TO WAIVE LIQUIDATED DAMAGES ASSESSMENT ON BELARDO BRIDGE AND ROADWAY PROJECT (A6129):
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. REQUEST FOR CITY SPONSORSHIP OF THE SECOND ANNUAL 2013 MAYOR’S HEALTHY PLANET HEALTHY YOU RACE AND WELLNESS FESTIVAL IN THE AMOUNT OF $50,000:
RECOMMENDATION: Direct staff as appropriate to budget sponsorship from the Sustainability Fund and Continuing Appropriations.

5.B. HOTEL INCENTIVE PROGRAM PARTICIPATION FOR THE PALM GROVE GROUP, LLC (THE ARRIVE HOTEL) LOCATED AT 1551 NORTH PALM CANYON DRIVE:
RECOMMENDATION: Direct staff to prepare a Ten-Year Incentive Assistance Agreement (Operations Covenant) for the ARRIVE Palm Springs Hotel, implemented by a rebate of Transient Occupancy Tax of 50% of the annual TOT collected and paid to the City, for approval by the City Council.

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 16, 2013, 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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