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.

4:00 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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Kevin 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. PALM SPRINGS PROMENADE LLC APPROVAL OF DOWNTOWN PALM SPRINGS RENOVATION PROJECT:
Tentative Parcel Map 36446 
Block A
Block B
Block B-1
Block C
Hotel
Overview
Shade Study
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 TENTATIVE PARCEL MAP 36446 TO SUBDIVIDE THE MUSEUM MARKET PLAZA PROPERTY OF APPROXIMATELY 13.57 ACRES INTO 14 PARCELS FOR DEVELOPMENT AND FOUR LOTS FOR PUBLIC INFRASTRUCTURE, LOCATED AT THE NORTHWEST CORNER OF PALM CANYON DRIVE AND TAHQUITZ CANYON WAY;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DEVELOPMENT OF BLOCK A OF THE DOWNTOWN PALM SPRINGS RENOVATION PROJECT, LOCATED AT THE NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND ANDREAS ROAD (NEW) (CASE 3.3605 MAJ);” 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DEVELOPMENT OF BLOCK B OF THE DOWNTOWN PALM SPRINGS RENOVATION PROJECT, LOCATED AT THE NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND “NEW MAIN STREET” (CASE 3.3606 MAJ);” 5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DEVELOPMENT OF BLOCK C OF THE DOWNTOWN PALM SPRINGS RENOVATION PROJECT, LOCATED ALONG THE WESTERLY FRONTAGE OF NORTH PALM CANYON DRIVE, SOUTH OF “NEW MAIN STREET” (CASE 3.3607 MAJ);” and 6) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR A HOTEL OF APPROXIMATELY 185 ROOMS, RESTAURANTS, MEETING ROOMS, RETAIL USES AND ANCILLARY USES, LOCATED WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE NORTHEAST CORNER OF WEST TAHQUITZ CANYON WAY AND BELARDO ROAD (CASE 5.1290 / PDD 361 / BLOCK C-1).”

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 19, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 5, 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 1059654 THROUGH 1059837 IN THE AGGREGATE AMOUNT OF $946,665.02, 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 11-10-12 BY WARRANTS NUMBERED 417865 THROUGH 417897 TOTALING $48,595.30, LIABILITY CHECKS NUMBERED 1059838 THROUGH 1059862 TOTALING $126,149.54, FIVE WIRE TRANSFERS FOR $41,348.45 AND THREE ELECTRONIC ACH DEBITS OF $1,090,676.85 IN THE AGGREGATE AMOUNT OF $1,306,770.14, 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 1059863 THROUGH 1060042 IN THE AGGREGATE AMOUNT OF $968,653.46, 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 1060043 THROUGH 1060127 IN THE AGGREGATE AMOUNT OF $638,557.09, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 11-24-12 BY WARRANTS NUMBERED 417898 THROUGH 417919 TOTALING $46,205.06, LIABILITY CHECKS NUMBERED 1060128 THROUGH 1060131 TOTALING $2,199.16, ONE WIRE TRANSFER FOR $386.76 AND THREE ELECTRONIC ACH DEBITS OF $1,192,148.78 IN THE AGGREGATE AMOUNT OF $1,240,939.76, 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 1060132 THROUGH 1060268 IN THE AGGREGATE AMOUNT OF $2,031,264.39, DRAWN ON BANK OF AMERICA;” and
7) 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 1060269 THROUGH 1060369 IN THE AGGREGATE AMOUNT OF $2,279,763.37, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF NOVEMBER 2012:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 2012.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1815, EXTENDING ORDINANCE NO. 1744 RELATING TO PORTABLE OPEN SIGNS, TO OCTOBER 3, 2014:
RECOMMENDATION: Waive further reading and adopt Ordinance
No. 1815, “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.”

2.F. APPROVAL OF FINAL MAP 34627 FOR A TWO-LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 6300 BOLERO DRIVE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 34627 FOR PROPERTY LOCATED AT 6300 BOLERO DRIVE IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”

2.G. CHANGE ORDER NO. 11 TO AGREEMENT NO. A6129 WITH G & M CONSTRUCTION FOR THE BELARDO ROAD BRIDGE PROJECT (CP 87-49):
RECOMMENDATION: Approve Change Order No. 11 to Agreement No. A6129 with G&M Construction, in the amount of $10,773.00 for a revised total contract amount of $2,628,326.09 for the Belardo Road Bridge Project (CP 87-49); and 2) Authorize the City Manager to execute all necessary documents. A6129.

2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A4461 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE STREET AND BRIDGE WIDENING PROJECT (CP 01-11A):
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. A4461 with Dokken Engineering for the Indian Canyon Drive Street and Bridge Widening Project in the amount of $11,000 for a revised contract amount of $1,224,700 (CP 01-11); and 2) Authorize the City Manager to execute all necessary documents. A4461.

2.I. GRANT APPLICATION FOR BIKE LANES (CLASS II) PRIORITY 1 UNDER THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: BICYCLE LANES (CLASS II) PRIORITY 1.”

2.J. APPROVE A MEMORANDUM OF UNDERSTANDING WITH VARIOUS PUBLIC AGENCIES WITH RESPECT TO EMERGENCY CLOSURES OF INTERSTATE 10:
RECOMMENDATION: 1) Approve a Memorandum of Understanding with the County of Riverside, the California Department of Transportation, the California Highway Patrol, the Morongo Band of Mission Indians, Coachella Valley Association of Governments, the Riverside County Transportation Commission, the City of Banning, and the City of Palm Springs with respect to emergency closures of Interstate 10; and 2) Authorize the City Manager to execute the Agreement. A____.

2.K. PURCHASE OF LIGHTBARS AND SIRENS FROM FEDERAL SIGNAL CORPORATION EMERGENCY PRODUCTS IN THE AMOUNT OF $26,869.95:
RECOMMENDATION: Award the purchase of 12 lightbars and siren packages at a per unit price of $2,059.00 for a total purchase price of $26,869.95 inclusive of all applicable sales taxes and delivery.

2.L. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS:
RECOMMENDATION: 1) Approve an agreement with the Palm Springs Unified School District to provide a full time police officer at the high school campus including the Ramon Academy, for one year expiring at the end of school year 2013; and 2) Authorize the City Manager to execute all necessary documents. A5553.

2.M. PURCHASE OF FAA AUTHORIZED AND FUNDED PRE-FORMED THERMOPLASTIC AIRFIELD MARKINGS:
RECOMMENDATION: 1) Approve the sole-source purchase of new Pre-formed Thermoplastic Airfield Pavement Markings from Ennis-Flint Company in an amount not to exceed $938,028.27 using FAA Grant No. 49 funds; and 2) Authorize City Manager to execute all necessary documents.

2.N. AMENDMENT TO THE CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE ADOPTED BY RESOLUTION NO. 22841.”

2.O. FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVING PLANNED DEVELOPMENT DISTRICT 341 IN LIEU OF ZONE CHANGE FOR AN APPROXIMATELY 10-ACRE PARCEL AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE:
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading
Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PPD 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.”

2.P. AWARD CONTRACT FOR THE PALM SPRINGS SKATE PARK TO SIMON CONTRACTING IN THE AMOUNT OF $135,182.25 (CP 12-06):
RECOMMENDATION: 1) Approve an agreement with Simon Contracting for the Palm Springs Skate Park in the amount of $135,182.25 (CP 12-06); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.Q. APPROVAL TO BECOME AN ASSOCIATE MEMBER IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND JOIN THE FIGTREE PACE PROGRAM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARTICIPATION IN THE FIGTREE PACE PROGRAM, AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE CITY OF PALM SPRINGS;” and 3) 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. APPROVE AMENDMENT NO. 3 TO PROJECT FINANCING AGREEMENT NO. A6144 WITH PALM SPRINGS PROMENADE, LLC WHICH INCLUDES A MODIFIED SITE PLAN FOR THE PROJECT CONSISTENT WITH THE SITE PLAN PRESENTED TO THE CITY COUNCIL FOR PLANNED DEVELOPMENT DISTRICT 361 (CASE 5.1290 / PDD 361):
Amendment 
RECOMMENDATION: 1) Approve Amendment No. 3 to Project Finance Agreement No. A6144 with Palm Springs Promenade, LLC including the revised Site Plan (Exhibit “I”); and 2) Authorize the City Manager to execute this Amendment. A6144.

5. NEW BUSINESS:

5.A. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR HOLIDAY LIGHTING:
RECOMMENDATION: Appoint two members of the City Council to an ad hoc City Council Subcommittee for Holiday Lighting.

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 2, 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.