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City Council Meeting

March 7, 2012

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
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.

4:00 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: Boy Scout Troop 262.

INVOCATION: Sharron Stroud, Innerfaith Spiritual Center.

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 THE RESCISSION OF THE MEDICAL CANNABIS COOPERATIVE / COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION AT 505 INDUSTRIAL PLACE (CASE MC 09-001):
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, UPHOLDING THE ACTION OF THE CITY MANAGER REVOKING THE MEDICAL CANNABIS COOPERATIVE / COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION, AT 505 INDUSTRIAL PLACE, AND ESTABLISHING THAT RESOLUTION NO. 22666 GRANTING THE ORIGINAL PERMIT TO CANNAHELP CORPORATION IS NO LONGER IN EFFECT.”

1.B. APPEAL THE PLANNING COMMISSION DENIAL TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING AND APPROVED CONDITIONS OF APPROVAL FOR CASE 5.0866-B, PDD 267, TRACT 31525; A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER:
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, UPHOLDING THE PLANNING COMMISSION’S DENIAL OF A REQUEST TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING ASSOCIATED WITH THE FOUR SEASON’S DEVELOPMENT, A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER (CASE 5.0866-B, PDD 267, TM 31525).

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 March 7, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council and Housing Authority Minutes of February 15, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 02-04-12 BY WARRANTS NUMBERED 417242 THROUGH 417268 TOTALING $42,275.95, LIABILITY CHECKS NUMBERED 1054254 THROUGH 1054278 TOTALING $122,190.67, FIVE WIRE TRANSFERS FOR $46,516.97, AND THREE ELECTRONIC ACH DEBITS OF $1,026,367.47, IN THE AGGREGATE AMOUNT OF $1,237,351.06, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1054279 THROUGH 1054385 IN THE AGGREGATE AMOUNT OF $912,771.35, 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 1054386 THROUGH 1054505 IN THE AGGREGATE AMOUNT OF $1,781,960.68, DRAWN ON BANK OF AMERICA.”

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

2.E. INITIATE AMENDMENT TO THE CLASS 1 HISTORIC DESIGNATIONS FOR FOUR HISTORIC SITES ASSOCIATED WITH ALBERT FREY, THE FREY HOUSE II (686 PALISADES DR.), THE VALLEY STATION OF THE PALM SPRINGS AERIAL TRAMWAY (WESTERLY TERMINUS OF TRAMWAY), THE LOEWY HOUSE (600 PANORAMA ROAD), AND THE CAREY-PIROZZI HOUSE (651 W. VIA ESCUELA), CLASS 1 HISTORIC SITES (CASE HSPB 33):
RECOMMENDATION: 1) Initiate amendments to the historic designations for the Frey House II (686 Palisades Dr.) the Valley Station of the Palm Springs Aerial Tramway (westerly terminus of Tramway) the Loewy House (600 Panorama Road) and the Carey-Pirozzi House (651 W. Via Escuela); and 2) Direct the Historic Site Preservation Board to conduct a public hearing to consider appropriate recommendations.

2.F. AMENDMENT TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR CONTINUED OWNER REPRESENTATIVE SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 11 to Agreement No. A5488 with Allen F. Smoot & Associates for continued Owner Representative Services; and 2) Authorize the City Manager to execute all necessary documents. A5488.

2.G. APPOINTMENTS TO THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Appoint Timothy Cleveland to the VillageFest Board for the unexpired term ending June 30, 2015; and 2) Appoint Jeff McLaughlin to the VillageFest Board for the unexpired term ending
June 30, 2014.

2.H. APPOINTMENTS TO THE PERSONNEL BOARD:
RECOMMENDATION: Appoint John Pierce to the Personnel Board for the unexpired term ending June 30, 2014.

2.I. RELEASE AND EXAMINATION OF SALES OR TRANSACTIONS AND USE RECORDS BY THE BOARD OF EQUALIZATION TO CITY SALES TAX AUDITORS:
RECOMMENDATION: Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE RELEASE AND EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS.”

2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2011-12 ANNUAL SLURRY SEAL (CP 11-05):
RECOMMENDATION: Approve the specifications and working details for the 2011-12 Annual Slurry Seal and authorize staff to advertise and solicit bids (CP 11-05).

2.K. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2011-12 ANNUAL ASPHALT OVERLAY (CP 11-06):
RECOMMENDATION: Approve the plans, specifications, and working details for the 2011-12 Annual Overlay and authorize staff to advertise and solicit bids (CP 11-06).

2.L. DONATION OF A 1990 BECK TELE SQUIRT FIRE ENGINE, EQUIPMENT NO. 1TS43R, TO CHAFFEY COLLEGE FOUNDATION AND FIRE TECHNOLOGY PROGRAM:
RECOMMENDATION: 1) Waive the surplus equipment bid and auction requirements of the Palm Springs Municipal Code, Section 7.07.020(3);
2) Approve the donation of the surplus 1990 Beck Tele Squirt, Equipment No. 1TS43R, to Chaffey College Foundation, Fire Technology Program; and 3) Authorize the City Manager to execute all related documents.

2.M. TIME LIMITED PARKING IN VICINITY OF ACE HOTEL, ON THE SOUTH SIDE OF TWIN PALMS DRIVE AND THE EAST SIDE OF CAMINO REAL:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING NO PARKING ZONES BETWEEN THE HOURS OF 10:00 P.M. TO 6:00 A.M. ON THE SOUTH SIDE OF TWIN PALMS DRIVE BETWEEN CAMINO REAL AND THE FIRST DRIVEWAY EAST OF CAMINO REAL AND THE EAST SIDE OF CAMINO REAL FROM TWIN PALMS DRIVE SOUTH APPROXIMATELY 360 FEET TO THE FIRST DRIVEWAY SOUTH OF TWIN PALMS.”

2.N. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Appoint Kate Castle and Paul McCreesh to the Sustainability Commission for the unexpired terms ending June 30, 2014.

2.O. AMENDMENT NO. 1 TO AGREEMENT NO. A5862 WITH KEENAN & ASSOCIATES FOR CONSULTING SERVICES FOR LOSS CONTROL AND REGULATORY SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5862 with Keenan & Associates for consulting services for loss control and regulatory services; and 2) Authorize the City Manager to execute all necessary documents. A5862.

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

3. LEGISLATIVE:

3.A. CORRECTION TO PALM SPRINGS ZONING CODE SECTION 93.23.15 “MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE SPECIAL STANDARDS” (FORMERLY 93.22.00):
RECOMMENDATION: 1) Waive reading of the full text of the ordinance and introduce by title only and introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS;” and 2) Waive reading of the full text of the ordinance and adopt by title only and adopt Urgency Ordinance No. ___, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO “MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS ZONING CODE SECTION 93.23.15.“ (4/5THS VOTE REQUIRED.)

4. UNFINISHED BUSINESS:

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

4.B. DETERMINATION OF CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL, AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (CASE HSPB 33):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF THE PALM SPRINGS CITY HALL.”

4.C. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL MUSEUM MARKET PLAZA PROJECT AD HOC SUBCOMMITTEE:
RECOMMENDATION: 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 Wednesday, March 21, 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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