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City Council Meeting

February 2, 2011

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
Lee Weigel, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, 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: Boy Scout Troop 262.

INVOCATION: Rev. Duane Cox, Retired Religious Science Minister.

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. DESERT SUN CENTER, LLC APPLICATION FOR A TYPE II CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD BANK AND DISTRIBUTION FACILITY TO THE ECONOMICALLY DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH BELARDO ROAD (CASE 5.1255):
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, APPROVING A TYPE II CONDITIONAL USE PERMIT FOR GOLDEN RAINBOW CENTER TO ALLOW THE OPERATION OF A FOOD BANK AND FOOD DISTRIBUTION FACILITY TO ECONOMICALLY DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH BELARDO ROAD (CASE NO. 5.1255 CUP).”

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 February 2, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Special Meeting Minutes of January 18, 2011, and the City Council/Community Redevelopment Agency Regular Meeting Minutes of January 19, 2011.

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 1046490 THROUGH 1046685 IN THE AGGREGATE AMOUNT OF $1,566,331.80, 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 01-08-11 BY WARRANTS NUMBERED 416341 THROUGH 416437 TOTALING $47,200.01, LIABILITY CHECKS NUMBERED 1046686 THROUGH 1046707 TOTALING $125,255.09, FIVE WIRE TRANSFERS FOR $58,626.48, AND THREE ELECTRONIC ACH DEBITS OF $1,103,408.51, IN THE AGGREGATE AMOUNT OF $1,334,490.09, DRAWN ON BANK OF AMERICA;” and 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 1046708 THROUGH 1046820 IN THE AGGREGATE AMOUNT OF $710,232.92, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR OCTOBER, NOVEMBER, AND DECEMBER 2010:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period October 1, 2010, through December 31, 2010.

2.E. AMEND REGULATIONS FOR RESIDENT DISCOUNT CARDS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING REGULATIONS FOR RESIDENT DISCOUNT CARDS ADOPTED BY RESOLUTION NO. 19146.”

2.F. AGREEMENT WITH PALM SPRINGS PIRANHAS SWIM TEAM TO USE THE SWIM CENTER:
RECOMMENDATION: 1) Approve an agreement with the Palm Springs Piranhas Swim Team for a period of five (5) years with two (2) one-year extensions; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. APPROVAL OF 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.”
A4743, Tract Map 27680 “Las Palmas Heights”
A4955, Tract Map 30050 “Alta”
A5100, Tract Map 31263, “The Towers”
A5915, Parcel Map 31968, “The Springs”
A5105, Tract Map 32160 “Enclave”
A5131, Tract Map 30046 “Monte Sereno”
A5086, A5087, A5088, A5089, Tract Maps 32233-1, -2, -3 & -4, “Escena”
A5276, Tract Map 32675 “Alexander Country Club Estates”
A5246, Tract Map 33561 “Palermo”
A5516, Tract Map 33162 “Pedregal”
A5080, Tract Map 30058 “Four Seasons II”
A5393, Tract Map 31848-1 “Avalon”
A5426, Tract Map 32732 “Oceo”
A5324, Tract Map 33933 “Murano”
A5496, Tract Map 34933 “Cocotero”
A4814, Tract Map 28966 “Preserve Estates”
A5155, Tract Map 31514 “Luminaire”
A5439, Tract Map 31525 “Four Seasons III
A5872, Tract Map 35999 “Prescott Place”
A5436, Tract Map 33161 “Vista San Jacinto”
A5291, Tract Map 33542 “Tangerine”

2.H. MILLS ACT AGREEMENT WITH MARK HILBERT FOR THE DEBRABANT HOUSE, A HISTORIC SITE, LOCATED AT 982 AVENIDA PALMAS:
RECOMMENDATION: 1) Approve a Mills Act Agreement with Mark Hilbert for property located at 982 Avenida Palmas; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6030 WITH G & M CONSTRUCTION FOR THE INSTALLATION OF LANDSCAPING AND LIGHTING FOR THE SCULPTURE “RED ECHO” LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD IN THE AMOUNT OF $2,982:
RECOMMENDATION: 1) Approve Change Order No. 1 to Agreement No. A6030 with G & M Construction in the amount of $2,982 for a revised contract amount of $27,482.52 for the installation of landscaping and lighting for the sculpture “Red Echo” at the northeast corner of Gene Autry Trail and Ramon Road; and 2) Authorize the City Manager to execute all necessary documents. A6030.

2.J. MODIFICATIONS TO THE SWIM CENTER FEES AND AMENDMENTS TO THE COMPREHENSIVE FEE SCHEDULE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCREASING THE SWIM CENTER FEES AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578.”

2.K. ACCEPT THE RESIGNATION OF KERRY HENDRIX FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Kerry Hendrix from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2013.

2.L. AMEND THE FISCAL YEAR 2010-11 BUDGET FOR INCREASED UNEMPLOYMENT INSURANCE PREMIUMS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11.”

2.M. OPPOSITION TO GOVERNOR BROWN’S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN THE STATE OF CALIFORNIA:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION TO GOVERNOR BROWN’S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN THE STATE OF CALIFORNIA.”

2.N. ACCEPT THE RESIGNATION OF WILLIAM P. SCOTT FROM THE PLANNING COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of William P. Scott from the Planning Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

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. SECOND QUARTER FISCAL YEAR 2010-11 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. GREEN FACADE IMPROVEMENT PROGRAM (GFIP) GUIDELINES AND WAIVER OF FEES ASSOCIATED WITH MINOR ARCHITECTURAL APPLICATION, SIGN PERMITS, AND HISTORIC SITE PRESERVATION BOARD REVIEW FOR GFIP PARTICIPANTS:
RECOMMENDATION: 1) Adopt Resolution No.______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GREEN FACADE IMPROVEMENT PROGRAM;” and 2) Adopt Resolution No.______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, WAIVING FEES ASSOCIATED WITH MINOR ARCHITECTURAL APPLICATION, SIGN PERMITS, AND HISTORIC SITE PRESERVATION BOARD (HSPB) REVIEW FOR BUSINESSES OR PROPERTY OWNERS PARTICIPATING IN THE GREEN FACADE IMPROVEMENT PROGRAM.”

5.B. AWARD OF CONTRACT FOR THE 2010-11 ANNUAL ASPHALT OVERLAY PROJECT TO HARDY & HARPER, INC. IN THE AMOUNT OF $1,345,000 (CP 10-08):
RECOMMENDATION: 1) Approve an agreement with Hardy & Harper, Inc., for the 2010-11 Annual Overlay Project in the amount of $1,345,000 (CP 10-08); 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, February 16, 2011, 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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