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City Council Meeting

Wednesday, March 4, 2009

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
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, Palm Springs Library and the Palm Springs Police Station. 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:

Federal Stimulus Programs/American Recovery and Reinvestment Act of 2009 update.

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. HEARING ON STATEMENT OF EXPENSES AND SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT FOR THE PROPERTY LOCATED AT 1507 EAST SAN JACINTO WAY:
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, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT FOR THE PROPERTY LOCATED AT 1507 EAST SAN JACINTO WAY.”

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 March 4, 2009, City Council Agenda. 

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of February 18, 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 1033495 THROUGH 1033701 IN THE AGGREGATE AMOUNT OF $2,190,542.15, DRAWN ON BANK OF AMERICA;” and 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 02-07-09 BY WARRANTS NUMBERED 414360 THROUGH 414403 TOTALING $79,490.29, LIABILITY CHECKS NUMBERED 1033702 THROUGH 1033722 TOTALING $152,237.89, FOUR WIRE TRANSFERS FOR $64,132.74, AND THREE ELECTRONIC ACH DEBITS OF $1,176,474.76, IN THE AGGREGATE AMOUNT OF $1,472,335.68, 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 1033723 THROUGH 1033942 IN THE AGGREGATE AMOUNT OF $1,958,912.02, DRAWN ON BANK OF AMERICA.” 

2.D. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2009:
RECOMMENDATION: Receive and file the City Treasurer’s Investment Report as of January 31, 2009. 


2.E. PROPOSED ORDINANCE TEMPORARILY DELAYING THE PAYMENT OF QUIMBY PARK FEES AND PUBLIC ARTS FEES:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1757, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES.” 

2.F. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS ZONING CODE RELATING TO THE LOCATION AND OPERATION OF MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES:
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1758, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B, 92.15.01-A, 92.17.01-A, AND 92.17.1.01 OF, AND ADDING SECTION 93.22.00 TO, THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE C-M, M-1, AND M-2 ZONES.” 

2.G. ACCEPT THE RESIGNATION OF ROGER TANSEY FROM THE SUSTAINABILITY COMMISSION (FORMERLY THE RESOURCE CONSERVATION COMMISSION):
RECOMMENDATION:
1) Accept with regret the resignation of Roger Tansey from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy. 

2.H. ACCEPT THE RESIGNATION OF AILEEN FIELDS FROM THE SUSTAINABILITY COMMISSION (FORMERLY THE RESOURCE CONSERVATION COMMISSION):
RECOMMENDATION:
1) Accept with regret the resignation of Aileen Fields from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy.

2.I. PALM SPRINGS STADIUM RE-ROOFING PROJECT (CITY PROJECT 08-23):
RECOMMENDATION:
1) Reject all bids received on January 13, 2009, for the Palm Springs Stadium Re-Roofing Project (City Project No. 08-23); and 2) Authorize the Public Works and Engineering Department to re-advertise for bids using a different roofing material than previously specified. 

2.J. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC., FOR THE DESIGN PHASE OF THE GRAVITY THICKENERS UPGRADE (CITY PROJECT 09-02):
RECOMMENDATION:
Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $50,223.14, for the design phase of the Gravity Thickeners Upgrade (City Project No. 09-02). 

2.K. PROPOSE RESOLUTION DECLARING THE CITY’S INTENTION TO FINANCE (AB811) ENERGY EFFICIENCY IMPROVEMENTS AND SETTING THE PUBLIC HEARING FOR MARCH 25, 2009:
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS THROUGH THE USE OF CONTRACTUAL ASSESSMENTS PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC HEARING THEREON.” 

2.L. SUPPORT LEGISLATIVE AMENDMENT OF THE CALIFORNIA HEALTH AND SAFETY CODE SECTION 66427.5 WITH RESPECT TO MOBILEHOME PARK CONVERSIONS:
RECOMMENDATION: 1) Support the proposed amendment to the California Health and Safety Code Section 66427.5; and 2) Consent to Co-sponsor the Legislation.

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

The Community Redevelopment Agency will convene as a Joint Meeting with the City Council.

RA. REDEVELOPMENT AGENCY ITEMS: 

RA1. JOINT ITEM WITH THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING ADDITIONAL FUNDING FOR THE FACADE IMPROVEMENT PROGRAM FOR THE DOWNTOWN AND UPTOWN AREAS:
RECOMMENDATION:
1) Approve an additional $50,000. funding (for a revised total of $100,000) for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program. 

RA2. DESIGNATION OF THE “GOVERNMENTAL REPRESENTATIVE” TO THE SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION:
RECOMMENDATION:
Appoint Dale Cook as the City of Palm Springs “Governmental Representative” to the Santiago Sunrise Village Mobile Home Park Corporation, a California Nonprofit Corporation.

The Community Redevelopment Agency will adjourn and the City Council continue.

3. LEGISLATIVE: None.


4. UNFINISHED BUSINESS:

4.A. MUSEUM MARKET PLAZA PROJECT UPDATE:
RECOMMENDATION:
1) Receive update on the Museum Market Plaza Project; and 2) Direct staff as appropriate.

5. NEW BUSINESS: None.

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 Study Session, Wednesday, March 11, 1009, 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.

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