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City Council Meeting

March 21, 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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Father Andrew Green, St. Paul in the Desert.

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. 38TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 2012-13 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-12-MC-06-0561 IN THE AMOUNT OF $311,205 AND APPROVING SUBRECIPIENT AGREEMENTS:
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 THE 2012-13 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2012-13, AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD (GRANT NO. B-12-MC-06-0561) IN THE AMOUNT OF $311,205 AND THE SUBRECIPIENT AGREEMENTS;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12 TO TRANSFER ADDITIONAL FUNDING FOR THE HOME REPAIR PROGRAM RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING;” and 4) Approve the following Subrecipient Agreements and City Departments’ Memoranda of Understanding in a form acceptable to the City Attorney, and authorize the City Manager to execute all necessary documents. A5814.

City of Palm Springs Department of Public Works & Engineering
Arnico Tract Sewer Improvements $145,689 A____

Desert AIDS Project
Energy-Efficiency Roofing Upgrade $85,000 A____

City of Palm Springs Department of Parks & Recreation
James O. Jessie Desert Highland Unity Center
Parking Lot Improvements $98,635 A____

Mizell Senior Center
Office and Energy Efficiency Upgrades $21,000 A____

Independent Living Partnership
TRIP Volunteer Driver Program $15,561 A____

Fair Housing Council of Riverside
Fair Housing Services $15,560 A____

AIDS Assistance Program
Home Bound Grocery Delivery Program $15,560 A____

City of Palm Springs Department of Community & Economic Development
Home Repair Program $18,233 A____

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 21, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of March 7, 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 02-18-12 BY WARRANTS NUMBERED 417269 THROUGH 417292 TOTALING $46,488.89, LIABILITY CHECKS NUMBERED 1054506 THROUGH 1054530 TOTALING $124,525.97, FIVE WIRE TRANSFERS FOR $46,490.78, AND THREE ELECTRONIC ACH DEBITS OF $1,009,170.61, IN THE AGGREGATE AMOUNT OF $1,226,676.25, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1054531 THROUGH 1054704 IN THE AGGREGATE AMOUNT OF $2,217,720.68, 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 1054705 THROUGH 1054814 IN THE AGGREGATE AMOUNT OF $2,603,865.51, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF FEBRUARY 2012:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 29, 2012.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1804, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1804, “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.”

2.F. RATIFY AND REAPPOINT THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING DECEMBER 31, 2012:
RECOMMENDATION: Reappoint David Garcia, as the City of Coachella representative, to the Palm Springs International Airport Commission for the term ending December 31, 2012.

2.G. AMENDMENT NO. 3 TO AGREEMENT NO. A5235 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE WIDENING PROJECT (CP 01-25):
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A5235 with Dokken Engineering, in the amount of $38,310 for a total revised contract amount of $951,040 for the Indian Canyon Drive Widening Project (CP 01-25); and 2) Authorize the City Manager to execute all necessary documents. A5235.

2.H. APPROVAL OF TRACT MAP 35544 TO BE SUBDIVIDED INTO ONE RESIDENTIAL CONDOMINIUM PARCEL LOCATED AT 588 SAN LORENZO ROAD AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SAN LORENZO PRIDE, LLC:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 35544 FOR RESIDENTIAL CONDOMINIUM PURPOSES FOR PROPERTY LOCATED AT 588 SAN LORENZO ROAD, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A RELATED SUBDIVISION IMPROVEMENT AGREEMENT;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. APPROVE THE NON-EXCLUSIVE USE OF LOCAL TEMPORARY STAFFING SERVICES:
RECOMMENDATION: Authorize the City Manager to utilize various local staffing agencies for non-exclusive temporary staff assignments, and execute any required documents, subject to approval by the City Attorney.

2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE INTERIM WIDENING PROJECT FROM UNION PACIFIC RAILROAD (UPRR) BRIDGE TO GARNET AVENUE (CP 01-11 A):
RECOMMENDATION: Approve the plans, specifications and estimate, and authorize staff to move forward with the Indian Canyon Drive Interim Widening Project (UPRR Bridge to Garnet Avenue) (CP 01-11 A), and authorize staff to advertise and solicit bids.

2.K. ACCEPT FROM THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY THE EMERGENCY MANAGEMENT PERFORMANCE GRANT IN THE AMOUNT OF $17,587 AND AUTHORIZE THE PURCHASE OF COMPUTER EQUIPMENT FOR THE EMERGENCY OPERATIONS CENTER:
RECOMMENDATION: 1) Accept the Emergency Management Performance Grant from the California Emergency Management Agency in the amount of $17,587; 2) Authorize the purchase of computer equipment from Dell via the Western States Contracting Alliance (WSCA) national cooperative purchasing agreement in the amount of $35,174; and 3) 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. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL MUSEUM MARKET PLAZA PROJECT AD HOC SUBCOMMITTEE:
RECOMMENDATION: Direct staff as appropriate.

4.B. STATUS REPORT AND OPPOSITION TO THE PROPOSED WHITEWATER LOCATION TO THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2012 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
RECOMMENDATION: 1) Waive the procedures in Resolution No. 18804 Section 7(b), for the 2012 Annual Recruitment process, to allow for the City Council as a whole, to participate in the screening and interview of Applicants for the Planning Commission and the Historic Site Preservation Board; 2) Waive the procedures in Resolution No. 18804 Section 7(b), for the 2012 Annual Recruitment process that provides for the Mayor to select and participate in all subcommittees; and 3) Appoint two-member ad hoc City Council Subcommittees to screen and interview Applicants for the following Commissions and Boards: Administrative Appeals Board, Airport Commission, Board of Appeals, BID Advisory Board, Human Rights Commission, Library Board of Trustees, Personnel Board, Parks and Recreation Commission, Public Arts Commission, Rent Review Commission, Sustainability Commission, and VillageFest Board.

5.B. SECTION 14 TAHQUITZ CANYON WAY MEDIAN LANDSCAPING IMPROVEMENTS PROJECT (CP 08-20):
RECOMMENDATION: 1) Approve the schematic landscape plans for the Tahquitz Canyon Way median; 2) Approve Amendment No. 2 to Agreement No. A5809 with RGA Landscape Architects, Inc., in the amount of $94,400 for a revised total contract amount of $157,940 for the Tahquitz Canyon Way Median Landscaping Improvements Project (CP 08-20); 3) Direct staff to process the final landscape design approval pursuant to Architectural Review guidelines including consultation with the Indian Planning Commission and Tribal Council; and 4) Authorize the City Manager to execute all necessary documents. A5809.

5.C. PURCHASE OF REAL PROPERTY FROM CHINO CIENEGA FOUNDATION AND STEPHEN C. NICHOLS AND SARAH J. BENSON TRUSTEES OF THE BENSON-NICHOLS TRUST OF 2003 FOR APPROXIMATELY 2.3 ACRES AT THE NORTHWEST CORNER OF TRAMWAY ROAD AND NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve an agreement for the purchase of real property and escrow instructions with the Chino Cienega Foundation and Stephen C. Nichols and Sarah J. Benson Trustees of the Benson-Nichols Trust of 2003 for approximately 2.3 acres located at the northwest corner of Tramway Road and North Palm Canyon Drive, 2901 North Palm Canyon Drive; and 2) Authorize the City Manager to execute all necessary documents. A____.

5.D. DISPOSITION OF AVAILABLE PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE:
RECOMMENDATION: Direct staff how to proceed with the process for the available medical cannabis regulatory permit.

5.E. APPROVE AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH SAVOY GROUP, INC. FOR TWO PARCELS AT THE SOUTHWEST CORNER OF NORTH PALM CANYON DRIVE AND STEVENS ROAD:
RECOMMENDATION: 1) Approve an exclusive agreement to negotiate with Savoy Group, Inc. for one year for two City owned parcels at the southwest corner of North Palm Canyon Drive and Stevens Road; and
2) Authorize the City Manager to execute all necessary documents. A____.

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, April 11, 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. The City Council will not meet on Wednesday, April 4, 2012.

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