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City Council Meeting Agenda and Staff Reports

May 2, 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: Rabbi Sally Olins, Temple Isaiah.

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 GRESHAM SAVAGE NOLAND & TILDEN REPRESENTING LEND LEASE CORPORATION AND 7-ELEVEN STORES, INC. REQUESTING A CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE WITHIN THE SUN CENTER AT 611 SOUTH PALM CANYON DRIVE (CASE 5.1269 CU):
RECOMMENDATION: Appeal withdrawn at the request of the Appellant/Applicant.

1.B. DESIGNATION OF THE DEL MARCOS HOTEL AT 225 W. BARISTO ROAD AS A CLASS 1 HISTORIC SITE (CASE HSPB 78):
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, DESIGNATING THE PROPERTY LOCATED AT 225 W. BARISTO ROAD (DEL MARCOS HOTEL) AS A CLASS 1 HISTORIC SITE
(CASE HSPB 78).”

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
May 2, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of April 13, 2012, and April 19, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1055394 THROUGH 1055519 IN THE AGGREGATE AMOUNT OF $1,812,009.37, 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 3-31-12 BY WARRANTS NUMBERED 417338 THROUGH 417364 TOTALING $43,551.68, LIABILITY CHECKS NUMBERED 1055520 THROUGH 1055544 TOTALING $122,382.70, FIVE WIRE TRANSFERS FOR $42,581.80, AND THREE ELECTRONIC ACH DEBITS OF $1,027,152.37, IN THE AGGREGATE AMOUNT OF $1,235,668.55, 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 1055545 THROUGH 1055687 IN THE AGGREGATE AMOUNT OF $1,100,278.21, DRAWN ON BANK OF AMERICA.”

2.D. AGREEMENT WITH R ROBLES PIPELINE LAYING, INC. FOR ROADSIDE MAINTENANCE SERVICES:
RECOMMENDATION: 1) Approve an agreement with R Robles Pipeline Laying, Inc. for roadside maintenance services for three years with two one-year extensions in an annual amount of $63,652.00; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1805, TO CHANGE THE ZONING DESIGNATION OF TWO LOTS AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY FROM C1-AA (LARGE SCALE RETAIL COMMERCIAL) TO C1 (RETAIL COMMERCIAL):
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1805, “AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 1.38-ACRE SITE (APNS 502 065 008 and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE SITE IS LOCATED AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY.”

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

2.G. APPROVAL OF AN AGREEMENT AS TO GRANT OF RIGHT-OF-WAY AND FUTURE REIMBURSEMENT RELATED TO THE PALM SPRINGS TENNIS CENTER:
RECOMMENDATION: 1) Approve an “Agreement as to Grant of Right-of-Way and Future Reimbursement Palm Springs Tennis Center”, with the Palm Springs Unified School District; 2) Authorize the City Clerk to accept the grant of rights-of-way for Hermosa Drive and Baristo Road from the District; and 3) Authorize the City Manager to execute all necessary documents. A____.

2.H. ESTABLISHMENT OF A NEW CAPITAL PROJECT FUND TO BE NAMED THE MEASURE J FUND:
RECOMMENDATION: Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A NEW CAPITAL PROJECTS FUND TO BE CALLED THE MEASURE J FUND, AND AUTHORIZING THE DIRECTOR OF FINANCE TO CREATE THE APPROPRIATE ACTIVITIES (COST CENTERS) AND ACCOUNT NUMBERS.”

2.I. AGREEMENT WITH PAVEMENT COATINGS CO. FOR THE FISCAL YEAR 2011-12 ANNUAL SLURRY SEAL IN THE AMOUNT OF $581,310.76 FOR BID SCHEDULES A AND B (CP 11-05):
RECOMMENDATION: 1) Approve an agreement with Pavement Coatings Co., for the 2011-12 Annual Slurry Seal in the amount of $581,310.76 for Bid Schedules A and B (CP 11-05); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. INITIATE DRAFT ZONE TEXT AMENDMENT AMENDING SUBSECTION F OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES ALLOWED IN THE CITY FROM 3 TO 4 AND REFER SUCH AMENDMENT TO THE PLANNING COMMISSION:
RECOMMENDATION: 1) Initiate a zone text amendment pursuant to Palm Springs Zoning Code Section 94.07.01.a.1.b to study and amend Section 93.23.15 of the Palm Springs Zoning Code relating to medical cannabis cooperatives and collectives; and 2) Refer the ordinance to the Palm Springs Planning Commission.

2.K. APPROVE AMENDING THE COMPREHENSIVE FEE SCHEDULE FOR A COMMERCIAL SERVICES FEE FOR AIRPORT BASED AIRLINE SUPPORT BUSINESSES:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING FEES FOR COMMERCIAL SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT AND MODIFYING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BE RESOLUTION NO. 21578 AS AMENDED.”

2.L. PURCHASE AND INSTALLATION OF THREE (3) AUTOMATIC DOORS AT THE PALM SPRINGS INTERNATIONAL AIRPORT FROM MAGIK GLASS AND DOOR OF PALM SPRINGS IN THE AMOUNT OF $26,992:
RECOMMENDATION: Approve the purchase and installation of three (3) new automatic doors at the Palm Springs International Airport from Magik Glass and Door of Palm Springs in the amount of $26,992, pursuant to the terms and conditions of RFQ 2012-04: and 2) Authorize the City Manager to execute all necessary documents.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE INCREASING THE NUMBER OF MEMBERS ON THE MEASURE “J” OVERSIGHT COMMISSION TO NINE MEMBERS AND TWO ALTERNATE MEMBERS:
RECOMMENDATION: Waive the reading of the full text of the Ordinance, and introduce by title Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE “J” OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE MEMBERS.”

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. AMENDMENT AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS) PURSUANT TO SECTION 34169(g)(1) OF THE CALIFORNIA HEALTH & SAFETY CODE:
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 APPROVAL AND TRANSMITTAL OF A RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS) PURSUANT TO ASSEMBLY BILL X126.”

4.C. PUBLIC ART FEES FOR LARGE SOLAR ENERGY PRODUCTION FACILITIES AND PROJECTS:
RECOMMENDATION: Direct staff to return with a resolution for the Council’s preferred method of fee calculation.

4.D. DISCUSSION OF POTENTIAL PROJECTS FOR THE AIR QUALITY MANAGEMENT DISTRICT (AQMD) GRANT APPLICATION FOR THE SENTINEL POWER PLANT MITIGATION FUNDING:
RECOMMENDATION: Identify the final list of projects to submit to AQMD for consideration of funding as part of AQMD’s call for projects.

4.E. WELWOOD MURRAY MEMORIAL REFERENCE LIBRARY AND GIFT SHOP PROJECT:
RECOMMENDATION: Direct staff to proceed with the renovation process and initiate the program service components of the Welwood Murray Memorial Library.

5. NEW BUSINESS:

5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2012-13 BUDGET INCLUDING GENERAL FUND SPECIAL EVENTS, ENTERPRISE FUNDS, SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT AGENCY, SPECIAL REVENUE FUNDS, AND INTERNAL SERVICE FUNDS:
RECOMMENDATION: Direct staff as appropriate.

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 the Regular Meeting Wednesday, May 16, 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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