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
Lee Weigel, 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 and the Palm Springs Library. 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:

PUBLIC COMMENT: 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: See Closed Session Agenda.

6:00 P.M. CITY COUNCIL REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Pastor David Sanger, 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. DESIGNATION OF THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 55):
RECOMMENDATION: 1) The City Council closed the public testimony on July 22, 2009, 2) Continue City Council deliberation; 3) Designate the entire building as a Class 1 Historic Resource, or Designate certain specific portions of the building as Class 1, or Decline to designate the building.

1.B. T-MOBILE USA, CONDITIONAL USE PERMIT AND VARIANCE TO INSTALL A FORTY-THREE FOOT TALL COMMERCIAL COMMUNICATIONS ANTENNA AT 1900 EAST PALM CANYON DRIVE (CASE NO. 5.1203 CUP AND 6.507 VAR):
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 CONDITIONAL USE PERMIT, CASE NO. 5.1203, TO INSTALL A FORTY-THREE FOOT TALL WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE, CASE NO. 6.507, TO REDUCE THE ANTENNA STRUCTURE’S REQUIRED SETBACK FOR THE PROPERTY LOCATED AT 1900 EAST 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 POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the November 4, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council and Community Redevelopment Agency Minutes of October 7, 2009.

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 1038039 THROUGH 1038055 IN THE AGGREGATE AMOUNT OF $2,638,608.37, 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 1038056 THROUGH 1038115 IN THE AGGREGATE AMOUNT OF $982,336.68, DRAWN ON BANK OF AMERICA;” 3) “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 10-03-09 BY WARRANTS NUMBERED 415072 THROUGH 415112 TOTALING $61,506.25, LIABILITY CHECKS NUMBERED 1038116 THROUGH 1038136 TOTALING $143,751.31, FIVE WIRE TRANSFERS FOR $51,519.33, AND THREE ELECTRONIC ACH DEBITS OF $1,071,062.74, IN THE AGGREGATE AMOUNT OF $1,327,839.63, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1038137 THROUGH 1038233 IN THE AGGREGATE AMOUNT OF $757,474.57, 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 1038234 THROUGH 1038403 IN THE AGGREGATE AMOUNT OF $2,104,978.74, DRAWN ON BANK OF AMERICA;” and 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 1038404 THROUGH 1038542 IN THE AGGREGATE AMOUNT OF $1,274,164.31, DRAWN ON BANK OF AMERICA.”

2.D. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2009:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of September 30, 2009.

2.E. APPROVE THE DONATION OF A 1992 BECK FIRE ENGINE, EQUIPMENT NO. 1E4592, TO COLLEGE OF THE DESERT PUBLIC SAFETY ACADEMY, AND THE 1990 BECK TELESQURT, EQUIPMENT NO. 1TS43R, BE SENT TO AUCTION:
RECOMMENDATION: 1) Approve the removal of the 1992 Beck Fire Engine, Equipment No. 1E4592, and 1990 Beck Telesqurt, Equipment No. 1TS43R, from the City’s fleet; 2) Approve the donation of the surplus 1992 Beck Fire Engine, Equipment No. 1E4592, to College of the Desert Public Safety Academy, Roy Wilson Fire Training Center in Thousand Palms; 3) Approve sending the surplus 1990 Beck Telesqurt, Equipment No. 1TS43R, to auction; and 4) Authorize the City Manager to execute all related documents.

2.F. ACCEPT GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, CALIFORNIA TRAFFIC SAFETY CENTER FOR A SEATBELT AND CHILD SAFETY SEAT COMPLIANCE PROJECT IN THE AMOUNT OF $16,027:
RECOMMENDATION: 1) Accept grant funding from the California Office of Traffic Safety, California Berkeley Traffic Safety Center for a Seatbelt and Child Safety Seat Compliance Project in the amount of $16,027; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 029-N, WITH THE STATE OF CALIFORNIA FOR USE OF PUBLIC LANDS HIGHWAY DISCRETIONARY (PLHD) FEDERAL AID FUNDS FOR THE AGUA CALIENTE CULTURAL MUSEUM ROADWAY IMPROVEMENTS, CP 09-04, FEDERAL AID PROJECT NO. PLHDL06-5282(032):
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 029-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $630,791 ($630,791 FEDERAL FUNDS / $0 LOCAL FUNDS), FOR THE AGUA CALIENTE CULTURAL MUSEUM ROADWAY IMPROVEMENTS, CP 09-04, FEDERAL AID PROJECT NO. PLHDL06-5282(032), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. PARCEL MAP 31968 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ENDURE INVESTMENTS, LLC, FOR AN EIGHT LOT PARCEL MAP FOR COMMERCIAL PURPOSES LOCATED AT 5200 RAMON ROAD:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 31968 FOR PROPERTY LOCATED AT 5200 RAMON ROAD, IN SECTIONS 17 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH ENDURE INVESTMENTS, LLC;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE INDIAN CANYON DRIVE WIDENING PROJECT, FEDERAL AID PROJECT NO. STPLN 5282(023), CP 01-25:
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 INDIAN CANYON DRIVE WIDENING PROJECT, CP 01-25, FEDERAL AID PROJECT NO. STPLN 5282(023).”

2.J. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE INDIAN CANYON DRIVE AND BRIDGE WIDENING PROJECT, FEDERAL AID PROJECT NO. STPLN 5282(016) & BRLO 5282(017), CP 01-11:
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 INDIAN CANYON DRIVE AND BRIDGE WIDENING PROJECT, CP 01-11, FEDERAL AID PROJECT NO. STPLN 5282(016) & BRLO 5282(017).”

2.K. APPROVAL OF A LIABILITY IN DISPUTE UTILITY AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
RECOMMENDATION: 1) Terminate Agreement No. A5893, a State of California, Department of Transportation, Utility Agreement Number 21532 between the City of Palm Springs and Southern California Edison (Transmission) for relocation of electrical transmission facilities for the Indian Canyon Drive / Interstate 10 Interchange Project (CP 00-14); 2) Approve a State of California, Department of Transportation, Liability in Dispute Utility Agreement Number 21532 between the City of Palm Springs and Southern California Edison (Transmission) for relocation of electrical transmission facilities for the Indian Canyon Drive / Interstate 10 Interchange Project, CP 00-14; and 3) Authorize the City Manager to execute all necessary documents. A5893. A____.

2.L. ACCEPT WITH REGRET THE RESIGNATION OF MICHAEL HODGSON FROM THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Michael Hodgson; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE RELATING TO RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DECONSTRUCTION ACTIVITIES:
RECOMMENDATION: 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.15 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DECONSTRUCTION ACTIVITIES.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. APPOINT ONE MEMBER TO THE ADMINISTRATIVE APPEALS BOARD:
RECOMMENDATION: Appoint one-member to the Administrative Appeals Board for the term ending June 30, 2012.

5.B. APPROVE THE AGREEMENT TO TRANSFER THE OWNERSHIP OF ARTWORK TO THE CITY OF PALM SPRINGS; AUTHORIZE THE REIMBURSEMENT OF PUBLIC ART IN-LIEU FEES TO THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR ARTWORK BY DOUG HYDE; APPROVE AN AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND ACCEPT A GRANT OF EASEMENT FOR PUBLIC ART BETWEEN THE CITY OF PALM SPRINGS AND LUNDIN DEVELOPMENT COMPANY:
RECOMMENDATION: 1) Approve an agreement for transfer of the ownership of artwork to the City of Palm Springs; 2) Authorize the reimbursement of the Public Art In-Lieu Fees for Artwork to the Agua Caliente Band of Cahuilla Indians (“Tribe”), in an amount not to exceed $25,049 from public art fees collected from the Ralph’s Shopping Center Project; 3) Approve an agreement for placement of artwork on private property and accept a Grant of Easement with Lundin Development Company; and 4) Authorize the City Manager to execute all necessary documents. A____. A____.

5.C. APPROVE A LICENSE AGREEMENT WITH JOHN WESSMAN OF WESSMAN DEVELOPMENT COMPANY, FOR THE PLACEMENT OF THE SCULPTURE “TOGETHER AGAIN” ON PRIVATE PROPERTY LOCATED AT 101 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve a License Agreement with John Wessman dba Wessman Development Company, for the placement of the sculpture “Together Again” on private property located at 101 North Palm Canyon Drive; and 2) Authorize City Manager to execute all necessary documents. A____.

5.D. APPROVE A USE AGREEMENT WITH JOHN WESSMAN OF WESSMAN DEVELOPMENT COMPANY, FOR THE PROPERTY LOCATED AT 123 NORTH PALM CANYON DRIVE FOR HOLDING THE 12TH ANNUAL PALM SPRINGS JURIED ART SHOW FROM JANUARY 22 THROUGH FEBRUARY 14, 2010:
RECOMMENDATION: 1) Approve a Use Agreement with John Wessman of Wessman Development Company, for the property located at 123 North Palm Canyon Drive for the purpose of holding the 12TH Annual Palm Springs Juried Art Show; and 2) Authorize the City Manager to execute all necessary documents. A____.

5.E. AMENDMENT NO. 2 TO SUBLEASE AGREEMENT NO. A4475 WITH PLAZA RACQUET CLUB EXTENDING THE TERM UP TO TWO YEARS, IN AN AMOUNT NOT TO EXCEED $22,502 ANNUALLY, FOR THE PALM SPRINGS TENNIS CENTER:
RECOMMENDATION: 1) Approve Amendment No. 2 to Sublease Agreement No. A4475 with Kurt and Ana Haggstrom dba Plaza Racquet Club for the Palm Springs Tennis Center, extending the term up to two years, including a City tennis recreation program, in an amount not to exceed $22,502 per year, subject to a forthcoming lease extension with the Palm Springs Unified School District; and 2) Authorize the City Manager to execute all necessary documents. A4475.

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 a meeting, Wednesday, November 18, 2009, at 6:00 P.M. Council Chamber, City Hall, preceded by a Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.