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. Kevin A. Johnson, Bloom in the Desert United Church of Christ.

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 KEN SEELEY OF INTERVENTION 911 PERTAINING TO THE USES OF THE PALM TEE HOTEL AT 1590 EAST PALM CANYON DRIVE AND THE ALEXANDER APARTMENTS AT 1425 VIA SOLEDAD AS SUBSTANCE ABUSE RECOVERY CENTERS/ASSISTED LIVING FACILITIES REQUIRING CONDITIONAL USE PERMITS (CASES 5.1282 / 5.1283):
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 KEN SEELEY OF INTERVENTION 911 AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO UPHOLD A DETERMINATION MADE BY THE DIRECTOR OF PLANNING SERVICES THAT USES AT 1590 EAST PALM CANYON DRIVE AND 1425 VIA SOLEDAD ARE NOT HOTELS (CASES 5.1282 / 5.1283).”

1.B. GARNET SOLAR POWER GENERATION STATION 1, LLC. FOR AN AMENDMENT TO THE TEXT OF “D” (DESERT) GENERAL PLAN LAND USE DESIGNATION AND A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A 5.0-MEGAWATT SOLAR ENERGY CONVERSION SYSTEM WITH 17,000 PHOTOVOLTAIC PANELS ON APPROXIMATELY 39.7 ACRES AT 5400 NORTH INDIAN CANYON DRIVE (CASE 5.1252):
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 GENERAL PLAN AMENDMENT TO ALLOW RENEWABLE ENERGY USES WITHIN THE “D” (DESERT) LAND USE DESIGNATION OF THE 2007 CITY OF PALM SPRINGS GENERAL PLAN LAND USE ELEMENT (CASE 5.1252 GPA);” and 3) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A 5.0-MEGAWATT SOLAR ENERGY CONVERSION SYSTEM CONSISTING OF 17,000 PHOTOVOLTAIC PANELS ON APPROXIMATELY 39.7 ACRES OF A 134.3-ACRE SITE LOCATED AT 5400 NORTH INDIAN CANYON DRIVE (CASE 5.1252).”

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 April 3, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of March 20, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1062052 THE AGGREGATE AMOUNT OF $1,039,239.95, 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 3-02-13 BY WARRANTS NUMBERED 418044 THROUGH 418064 TOTALING $37,936.82, LIABILITY CHECKS NUMBERED 1062053 THROUGH 1062077 TOTALING $122,000.62, FIVE WIRE TRANSFERS FOR $62,370.60 AND THREE ELECTRONIC ACH DEBITS OF $1,073,374.02 IN THE AGGREGATE AMOUNT OF $1,295,682.06, 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 1062078 THROUGH 1062184 THE AGGREGATE AMOUNT OF $728,305.01, 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 1062185 THROUGH 1062316 THE AGGREGATE AMOUNT OF $1,555,465.34, 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 3-16-13 BY WARRANTS NUMBERED 418065 THROUGH 418082 TOTALING $34,331.06, LIABILITY CHECKS NUMBERED 1062317 THROUGH 1062341 TOTALING $120,402.36, FIVE WIRE TRANSFERS FOR $39,356.10 AND THREE ELECTRONIC ACH DEBITS OF $1,012,809.33 IN THE AGGREGATE AMOUNT OF $1,206,898.85, 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 1062342 THROUGH 1062543 THE AGGREGATE AMOUNT OF $1,138,986.36, DRAWN ON BANK OF AMERICA.”

2.D. PROPOSED AGREEMENT WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR NEEDS ASSESSMENT, AND CONCEPTUAL DESIGN FOR THE PALM SPRINGS PUBLIC LIBRARY:
RECOMMENDATION: 1) Approve an agreement with Group 4 Architecture, Research + Planning, Inc., in the amount not to exceed $100,000 for initial needs assessment, building program phase, design alternatives phase, and conceptual design recommendations phase; and 2) Authorize the City Manager to execute all necessary documents, subject to the approval of the City Attorney. A____.

2.E. AGREEMENT WITH TERRA NOVA PLANNING AND RESEARCH, INC. TO UPDATE THE GENERAL PLAN LAND USE ELEMENT NOT TO EXCEED $8,000:
RECOMMENDATION: 1) Approve an agreement with Terra Nova Planning and Research, Inc. to update the General Plan Land Use Element in the amount of $8,000; and 2) Authorize the City Manager to execute all necessary documents. A5587.

2.F. CITY OF PALM SPRINGS 75TH ANNIVERSARY AGREEMENTS:
RECOMMENDATION: 1) Waive the informal bid requirements pursuant to Title 7 of the Palm Springs Municipal Code for procurement of goods/services for the 75th Anniversary Event; and 2) Authorize the City Manager to expend funds and execute all necessary documents for the City’s 75th Anniversary event.

2.G. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2013:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of February 28, 2013.

2.H. GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE PERIOD OF JANUARY 1, 2012, THROUGH DECEMBER 31, 2012:
RECOMMENDATION: Receive and file the General Plan Annual Housing Element Progress Report for the period of January 1, 2012, through December 31, 2012.

2.I. APPROVE A GIFT AGREEMENT WITH KAREN AND TONY BARONE FOR THE DONATION OF SCULPTURE “R. HERO” TO BE PLACED IN FRONT OF FIRE STATION NO. 3 LOCATED AT 590 EAST RACQUET CLUB ROAD:
RECOMMENDATION: 1) Approve a gift agreement for the donation of artwork, from Karen and Tony Barone for the sculpture “R. HERO” valued at $16,500, in a form acceptable to the City Attorney; 2) Approve the installation of the sculpture “R. HERO” at Fire Station No. 3, located at 590 East Racquet Club Road; and 3) Authorize 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:

3.A. AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SELECTION OF CONTRACTOR AND ESTABLISHING REGULATIONS FOR THE GRANT OF SOLID WASTE FRANCHISE AGREEMENTS:
RECOMMENDATION: 1) Waive reading of the full text of the ordinance, and adopt Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.015 RELATING TO THE SELECTION OF CONTRACTOR AND ESTABLISHING REGULATIONS FOR THE GRANT OF SOLID WASTE FRANCHISE AGREEMENTS FOR THE CITY OF PALM SPRINGS;” (4/5ths Vote Required) 2) Waive the reading of the full text of the ordinance, and introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.015 RELATING TO THE SELECTION OF CONTRACTOR AND ESTABLISHING REGULATIONS FOR THE GRANT OF SOLID WASTE FRANCHISE AGREEMENTS FOR THE CITY OF PALM SPRINGS.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. CREATION OF INCENTIVE ASSISTANCE AGREEMENTS FOR RESTAURANT/NIGHTCLUB PROJECTS IN THE BUSINESS IMPROVEMENT DISTRICT AND A PORTION OF SECTION 14 AND APPROVAL OF AN INCENTIVE ASSISTANCE AGREEMENT WITH THE COPA ROOM, INC. FOR A NIGHTCLUB LOCATED AT 244 EAST AMADO ROAD (CASE 5.1289 CUP):
RECOMMENDATION: 1) Authorize the creation of Incentive Assistance Agreements for Restaurant/Nightclub Projects in the Business Improvement District and the western half of a portion of Section 14; 2) Approve an Incentive Assistance Agreement with the Copa Room, Inc. for a 6,000 square foot nightclub located at 244 East Amado Road in a form acceptable to the City Attorney (Case 5.1289 CUP); and 3) Authorize the City Manager to execute all documents related to the Incentive Assistance Agreement. A____.

COUNCILMEMBER REPORTS, REQUESTS, AND COMMENTS: Additional general reports, requests, announcements, and comments of staff and/or issues of concern to Councilmembers are briefly presented at this time.

ADJOURNMENT: The City Council will adjourn to Wednesday, April 17, 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.