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City Council Meeting

February 15, 2012

CITY COUNCIL
HOUSING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Steve Pougnet, Mayor
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, Councilmember
Paul Lewin, 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

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: Pastor David Sanger, Our Savior’s Community Church.

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. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL TO DENY THE HISTORIC SITE PRESERVATION BOARD’S REQUEST TO INCLUDE SITE PARKING AND LANDSCAPE AREAS, AND AMENDING THE DESIGNATION TO INCLUDE THE CONCRETE PLAZA, LOCATED AT 3200 EAST TAHQUITZ CANYON WAY, AS A CLASS 1 HISTORIC SITE (HSPB 33):
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, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF PALM SPRINGS CITY HALL TO INCLUDE THE CONCRETE PLAZA IMMEDIATELY FRONTING THE MAIN AND COUNCIL CHAMBER ENTRANCES AT 3200 EAST TAHQUITZ CANYON 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 THE POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the February 15, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of February 1, 2012, January 30, 2012, and December 14, 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 1053850 THROUGH 1053944 IN THE AGGREGATE AMOUNT OF $1,366,927.25, 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 01-21-12 BY WARRANTS NUMBERED 417216 THROUGH 417241 TOTALING $47,915.13, LIABILITY CHECKS NUMBERED 1053945 THROUGH 1053969 TOTALING $122,962.54, FIVE WIRE TRANSFERS FOR $45,564.13, AND THREE ELECTRONIC ACH DEBITS OF $1,011,804.63, IN THE AGGREGATE AMOUNT OF $1,228,246.43, 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 1053970 THROUGH 1054127 IN THE AGGREGATE AMOUNT OF $1,051,041.72, DRAWN ON BANK OF AMERICA;” and 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 1054128 THROUGH 1054253 IN THE AGGREGATE AMOUNT OF $1,367,545.37, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2012:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through 31, 2012.

2.E. RATIFY AND REAPPOINT THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JANUARY 31, 2015:
RECOMMENDATION: Reappoint D. Clayton Mayes, as the City of Rancho Mirage representative, to the Palm Springs International Airport Commission for the term ending January 31, 2015.

2.F. RATIFY AND REAPPOINT THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JANUARY 31, 2013:
RECOMMENDATION: Reappoint Jan Pye, as the City of Desert Hot Springs representative, to the Palm Springs International Airport Commission for the term ending January 31, 2013.

2.G. APPOINTMENT OF THE CITY’S ALTERNATE REPRESENTATIVE TO THE COMMUNITY ACTION PARTNERSHIP OF RIVERSIDE COUNTY:
RECOMMENDATION: Appoint Dale Cook, Community Development Administrator, as the City’s alternate representative to the Community Action Partnership of Riverside County.

2.H. ESTABLISHMENT OF NEW FUNDS AND ACCOUNTS FOR THE SUCCESSOR AGENCY OBLIGATIONS OF THE CITY RELATED TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO AB 1X 26:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE CREATION OF NEW FUNDS AND ACCOUNTS FOR THE SUCCESSOR AGENCY OBLIGATIONS OF THE CITY RELATED TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY, PURSUANT TO AB 1X 26.”

2.I. AUTHORIZE THE INVESTMENT OF CITY FUNDS IN CALTRUST:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM SPRINGS, CALIFORNIA, A PUBLIC AGENCY WITHIN THE MEANING OF THAT TERM AS DEFINED BY THE CALIFORNIA GOVERNMENT CODE, TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF THE INVESTMENT TRUST OF CALIFORNIA, CARRYING ON BUSINESS AS CALTRUST;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM SPRINGS MONIES IN THE INVESTMENT TRUST OF CALIFORNIA, CARRYING ON BUSINESS AS CALTRUST;” and 3) Authorize the City Manager to execute all appropriate documents related to the application to, and administration of funds in, the CalTRUST and LAIF investment pools.

2.J. ACCEPT FROM THE DEPARTMENT OF HOMELAND SECURITY A GRANT IN THE AMOUNT OF $201,431 AND AUTHORIZE THE PURCHASE OF 36 SELF CONTAINED BREATHING APPARATUS UNITS:
RECOMMENDATION: 1) Accept the Assistance to Firefighters Grant from the Department of Homeland Security in the amount of $201,431;
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;” 3) Authorize staff to conduct the bid process as per the requirements of the Federal Grant; and 4) Authorize the City Manager to execute all necessary documents, including the purchase order.

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. DETERMINE THE SELECTION PROCESS FOR THE MEASURE “J” OVERSIGHT COMMISSION:
RECOMMENDATION: Direct staff as appropriate.

4.B. AMENDMENT AND TRANSMITTAL OF ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND AMENDMENT AND TRANSMITTAL OF DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLEY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO AB 1X 26.”

5. NEW BUSINESS:

5.A. JOINT ITEM OF THE CITY COUNCIL AND HOUSING AUTHORITY CONSENT TO A CHANGE IN OWNERSHIP AND APPROVAL OF AN ESTOPPEL CERTIFICATE WITH TAHQUITZ ASSOCIATES, LP, A SUBORDINATION AGREEMENT WITH BERKADIA COMMERCIAL MORTGAGE LLC, AND A FREDDIE MAC RIDER TO THE REGULATORY AGREEMENT WITH TAHQUITZ ASSOCIATES, LP, FOR THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900 AND 2990 EAST TAHQUITZ CANYON WAY:
RECOMMENDATION: [CITY COUNCIL] 1) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN ITS CAPACITY AS THE SUCCESSOR HOUSING AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CONSENTING TO A CHANGE IN OWNERSHIP AND APPROVING AN ESTOPPEL CERTIFICATE WITH TAHQUITZ ASSOCIATES, LP, AND A SUBORDINATION AGREEMENT WITH BERKADIA COMMERCIAL MORTGAGE LLC, FOR THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900 AND 2990 EAST TAHQUITZ CANYON WAY.” A0466C. A4740.
RECOMMENDATION: [HOUSING AUTHORITY] 1) Adopt Resolution No. ____, “A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO A REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS WITH TAHQUITZ ASSOCIATES, LP, BY ADDING A FREDDIE MAC RIDER; and
2) Authorize the City Manager/Executive Director to execute necessary documents. A0501C.

5.B. WASTEWATER CAPITAL REPAIR AND REHABILITATION PLAN AND WASTEWATER FINANCIAL PLAN AND RATE STUDY:
RECOMMENDATION: 1) Provide direction on the draft 2012 Wastewater Financial Plan and Rate Study with regard to: A) funding the entire 20-Year WWTP CIP; or B) funding only the Priority 1 Projects of the 20-Year WWTP CIP; and 2) Authorize staff to proceed with Proposition 218 majority protest noticing, and schedule a Public Hearing for April 18, 2012, to consider the matter of increasing sewer rates in accordance with the 2012 Wastewater Financial Plan and Rate Study.

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, March 7, 2012, 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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