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: Rabbi Sally Olins, Temple Isaiah.

ROLL CALL:

PRESENTATIONS:

Presentation of the Fiscal Year 2011-12 Audit by Lance Soll and Lunghard LLP, the City’s independent auditors.

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 A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES LOCATED AT 611 NORTH PHILLIPS ROAD AS A CLASS 1 HISTORIC SITE (HSPB 86):
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 A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES LOCATED AT 611 NORTH PHILLIPS ROAD AS A CLASS 1 HISTORIC SITE (HSPB 86).”

1.B. DESIGNATION OF A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES LOCATED AT 1320 TAMARISK ROAD AS A CLASS 1 HISTORIC SITE (HSPB 87):
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 A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES LOCATED AT 1320 TAMARISK AS A CLASS 1 HISTORIC SITE (HSPB 87).”

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 February 6, 2013, City Council Agenda.

2.B. FISCAL YEAR 2011-2012 AUDIT BY THE CITY’S INDEPENDENT AUDITORS:
RECOMMENDATION: Receive and file the Fiscal Year 2011-12 Audit.

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 1060552 THROUGH 1060726 IN THE AGGREGATE AMOUNT OF $1,758,296.69, 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 12-22-12 BY WARRANTS NUMBERED 417945 THROUGH 417966 TOTALING $36,077.58, LIABILITY CHECKS NUMBERED 1060727 THROUGH 1060751 TOTALING $124,895.02, FIVE WIRE TRANSFERS FOR $55,923.96 AND THREE ELECTRONIC ACH DEBITS OF $1,242,432.69 IN THE AGGREGATE AMOUNT OF $1,459,329.25, 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 1060752 THROUGH 1060800 IN THE AGGREGATE AMOUNT OF $185,137.72, 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 1060801 THROUGH 1060831 IN THE AGGREGATE AMOUNT OF $715,252.05, 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 01-05-13 BY WARRANTS NUMBERED 417967 THROUGH 417985 TOTALING $32,734.72, LIABILITY CHECKS NUMBERED 1060832 THROUGH 1060856 TOTALING $124,490.08, FIVE WIRE TRANSFERS FOR $83,960.17 AND THREE ELECTRONIC ACH DEBITS OF $1,062,434.17 IN THE AGGREGATE AMOUNT OF $1,303,619.14, 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 1060857 THROUGH 1060995 IN THE AGGREGATE AMOUNT OF $1,129,527.70, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1060996 THROUGH 1061132 IN THE AGGREGATE AMOUNT OF $1,814,712.88, DRAWN ON BANK OF AMERICA;” 8) 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 01-19-13 BY WARRANTS NUMBERED 417986 THROUGH 418005 TOTALING $35,311.57, LIABILITY CHECKS NUMBERED 1061133 THROUGH 1061157 TOTALING $123,349.54, FIVE WIRE TRANSFERS FOR $39,000.60 AND THREE ELECTRONIC ACH DEBITS OF $1,011,225.12 IN THE AGGREGATE AMOUNT OF $1,208,886.83, DRAWN ON BANK OF AMERICA;” and 9) 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 1061158 THROUGH 1061295 IN THE AGGREGATE AMOUNT OF $377,949.53, DRAWN ON BANK OF AMERICA.”

2.D. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2012:
RECOMMENDATION: 1) Receive and file the Treasurer’s Investment Report as of December 31, 2012.

2.E. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE APPROVED BY THE VOTERS BY MEASURE “G” PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY THE VOTERS BY MEASURE ‘G’.”

2.F. 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.”
A4814, Tract Map 28966 “Preserve Estates”, extended to June 18, 2014
A4955, Tract Map 30050 “Alta”, extended to February 3, 2014
A5086, Tract Map 32233-1 Escena”, extended to April 2, 2014
A5087, Tract Map 32233-2 Escena”, extended to April 2, 2014
A5088, Tract Map 32233-3 Escena”, extended to April 2, 2014
A5089, Tract Map 32233-4 Escena”, extended to April 2, 2014
A5100, Tract Map 31263 “The Towers”, extended to February 3, 2014
A5105, Tract Map 32160 “Enclave”, extended to February 18, 2014
A5131, Tract Map 30046 “Monte Sereno”, extended to March 18, 2014
A5155, Tract Map 31514 “Luminaire”, extended to June 18, 2014
A5246, Tract Map 33561 “Palermo”, extended to April 2, 2014
A5324, Tract Map 33933 “Murano”, extended to May 24, 2014
A5393, Tract Map 31848-1 “Avalon”, extended to May 4, 2014
A5426, Tract Map 32732 “Oceo”, extended to May 20, 2014
A5436, Tract Map 33161 “Vista San Jacinto”, extended to August 9, 2014
A6042, Tract Map 34165 “The Morrison”, extended to April 13, 2014

2.G. AMENDMENT NO. 2 TO ARCHITECTURAL SERVICES AGREEMENT NO. A6262 WITH URRUTIA A.I.A. AND ASSOCIATES FOR AIRPORT PROJECTS IN THE AMOUNT OF $31,935:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A6262 to Urrutia A.I.A. and Associates for design, bid, permitting, and construction phase services in the amount of $31,935, to complete the remodeling and expansion of an existing vacant building to accommodate the USO; and 2) Authorize the City Manager to execute Amendment No. 2, and approve change orders not-to-exceed ten percent (10%) of the total contract amount. A6262.

2.H. APPROVE THE SALE AND OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY OVER A PORTION OF CITY OWNED PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF GENE AUTRY TRAIL, NORTH OF PAR ROAD, IN THE AMOUNT OF $19,500 TO PERMIT THE INSTALLATION AND MAINTENANCE OF ELECTRICAL FACILITIES:
RECOMMENDATION: 1) Approve the sale and grant of an easement to Southern California Edison over a portion of City owned land generally located on the east side of Gene Autry Trail, north of Par Road (APNs 681-141-015 and 680-020-070) to allow the installation and maintenance of electrical supply systems; and 2) Authorize the City Manager to execute the Grant of Easement. A____.

2.I. AIRPORT ESCALATOR MAINTENANCE AGREEMENT WTH KONE INC. FOR PREVENTIVE MAINTENANCE SERVICES FOR THREE YEARS IN THE AMOUNT OF $63,252:
RECOMMENDATION: 1) Approve a three year service contract with KONE Inc. in the amount of $21,084.00 per year, for a total amount of $63,252.00, for specified preventive maintenance services for the two escalators located at the Airport, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT FROM THE STATE OF CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND APPROPRIATION:
RECOMMENDATION: 1) Accept the State of California Supplemental Enforcement Funds Grant (SLESF) and Expenditure Plan; 2) Direct the Director of Finance/City Treasurer to fund the Appropriation; and 3) Authorize the City Manager to execute any documents to effectuate the acceptance of the grant. A5765.

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. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY FOR NEW STYLE ENTERTAINMENT, LLC. TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE PROPOSED COCKTAIL LOUNGE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 48 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 188 SOUTH INDIAN CANYON DRIVE.”

5.B. CONSIDER THE RELOCATION OF FICUS TREES AT THE DESERT FASHION PLAZA TO DESIGNATED CITY OWNED PARKS AND PROPERTIES:
RECOMMENDATION: Direct staff to 1) Proceed with the potential relocation of trees from the Desert Fashion Plaza to other appropriate City-owned sites; 2) Solicit bids from licensed arborists/tree relocation contractors; and 3) Identify additional sources of funding the relocation.

5.C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR CLASS II BICYCLE LANES (CP 12-08):
RECOMMENDATION: Approve the plans, specifications, and working details for Class II Bicycle Lanes, and authorize staff to advertise for bids (CP 12-08).

5.D. DISCUSSION ON CAPITAL PROJECTS AND PRIORITIES FOR THE PREPARATION OF THE FISCAL YEAR 2013-14 BUDGET INCLUDING MEASURE J PROJECTS:
RECOMMENDATION: Direct staff as appropriate.

5.E. AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A6037 WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) FOR ADDITIONAL SPACE AND AMENDMENT NO. 2 TO ADMINISTRATIVE SERVICES AGREEMENT NO. A6106 WITH CVEP FOR ADDITIONAL RENTAL FEE:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6037 with CVEP for additional 3,500 square feet; 2) Approve Amendment No. 2 with CVEP for the additional rental fee for the 3,500 square feet; and 3) Authorize the City Manager to execute all necessary documents. A6037. A6106.

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 20, 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.