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City Council Meeting Agenda and Staff Reports

May 16, 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:  Rev. Dr. Amanda Burr, United Methodist Church. 

ROLL CALL:

PRESENTATIONS

Naming the Belardo Road Bridge “The Chairman Richard M. Milanovich Memorial Bridge”

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. ZONE TEXT AMENDMENT RELATING TO OFF-SITE ADVERTISING (BILLBOARDS) (CASE 5.1272)
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) 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 SECTION 93.20.000 OF THE PALM SPRINGS ZONING CODE RELATING TO OFF-SITE ADVERTISING (BILLBOARDS).” 

1.B. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT:
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, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”

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 16, 2012, City Council Agenda.

2.B. SUPPORT OF STATE BALLOT MEASURE PROPOSITION 29, THE CALIFORNIA CANCER RESEARCH ACT
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING PROPOSITION 29, THE CALIFORNIA CANCER RESEARCH ACT.” 

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 4-14-12 BY WARRANTS NUMBERED 417365 THROUGH 417390 TOTALING $47,973.89, LIABILITY CHECKS NUMBERED 1055688 THROUGH 1055712 TOTALING $125,263.84, FIVE WIRE TRANSFERS FOR $42,681.80, AND THREE ELECTRONIC ACH DEBITS OF $1,086,468.68, IN THE AGGREGATE AMOUNT OF $1,302,388.21, 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 1055713 THROUGH 1055862 IN THE AGGREGATE AMOUNT OF $779,209.75, 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 1055863 THROUGH 1055967 IN THE AGGREGATE AMOUNT OF $1,353,476.51 DRAWN ON BANK OF AMERICA;” 4) 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 4-28-12 BY WARRANTS NUMBERED 417391 THROUGH 417415 TOTALING $43,288.93, LIABILITY CHECKS NUMBERED 1055968 THROUGH 1055991 TOTALING $124,889.39, FIVE WIRE TRANSFERS FOR $41,827.64, AND THREE ELECTRONIC ACH DEBITS OF $1,149,364.78, IN THE AGGREGATE AMOUNT OF $1,359,370.74, DRAWN ON BANK OF AMERICA;” and 5) 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 1055992 THROUGH 1056106 IN THE AGGREGATE AMOUNT OF $1,192,829.33 DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTHS OF MARCH AND APRIL 2012:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through
April 30, 2012.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1807, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE MEMBERS AND TWO ALTERNATE MEMBERS
RECOMMENDATION:  Waive further reading and adopt Ordinance No. 1807, “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.” 

2.F. UPDATE ON THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT’S LABORATORY EXPANSION PROJECT
RECOMMENDATION:  Receive and file update from Sharon Lock, President of the Coachella Valley Mosquito and Vector Control District. 

2.G. AMENDING RESOLUTION NO. 22228 TO AUTHORIZE AN EXTENSION OF TIME TO SATISFY CONDITIONS RELATED TO THE RIGHT-OF-WAY VACATION OF AVENIDA EVELITA (FILE R-07-039)
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6 OF RESOLUTION NO. 22228 ADOPTED MAY 21, 2008, RELATED TO THE VACATION AND ABANDONMENT OF A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR AVENIDA EVELITA BETWEEN RAMON ROAD AND CALLE DE RICARDO, AND PORTIONS OF PUBLIC UTILITY EASEMENTS ON LOTS 5 AND 6 OF VISTA DEL CIELO, AND PORTIONS OF PUBLIC UTILITY EASEMENTS ON LOTS 1 AND 6 OF VISTA DEL CIELO NO. 3, IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R-07-039).” 

2.H. SUMMARY VACATION OF A 20 FEET WIDE EASEMENT FOR GOLF COURSE PURPOSES WITHIN TRACT NO. 2808 (FILE R 11-15)
RECOMMENDATION:  Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST OF A 20 FEET WIDE EASEMENT FOR GOLF COURSE PURPOSES WITHIN TRACT NO. 2808, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 11-15).” 

2.I. PURCHASE OF A GENERAC MODEL 5D050 DIESEL GENERATOR FROM BRUDVIK INC. IN THE AMOUNT OF $25,845 FOR FIRE STATION NO. 441
RECOMMENDATION:  1) Approve the purchase of a new GENERAC Model 5D050 50 kW 80 amp generator with 300 gallon fuel tank from Brudvik Inc. for Fire Station No. 441 in an amount not-to-exceed $25,845; and 2) Authorize the City Manager to execute all necessary documents. 

2.J. AGREEMENT WITH MATICH CORPORATION IN THE AMOUNT OF $1,516,000 FOR THE 2011-12 ANNUAL ASPHALT OVERLAY (CP 11-06)
RECOMMENDATION:  1) Approve an agreement with Matich Corporation for the Alternative Bid Schedule in the amount of $1,516,000 for the 2011-12 Annual Asphalt Overlay (CP 11-06): and 2) Authorize the City Manager to execute all necessary documents.  A____. 

2.K. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of May 2, 2012, April 18, 2012, and April 11, 2012.  

2.L. SUPPORT FEDERAL EARTHQUAKE INSURANCE AFFORDABILITY ACT AND AUTHORIZE DELIVERY OF A LETTER IN SUPPORT
RECOMMENDATION:  Authorize the Mayor to execute and deliver a letter to appropriate representatives in Congress supporting passage of the Earthquake Insurance Affordability Act.

2.M. AMENDMENT NO. 1 TO AGREEMENT NO. A6185 WITH NEWCOMB ANDERSON MCCORMICK, FOR THIRD PARTY PEER REVIEW OF THE CITYWIDE ENERGY MANAGEMENT PROJECT
RECOMMENDATION:  1) Approve Amendment No. 1 to Agreement No. A6185 with Newcomb Anderson McCormick, in the amount of $26,200 for a total revised contract amount of $51,200 for the Third Party Peer Review of Energy Conservation Measures (CP 09-05); and 2) Authorize the City Manager to execute all necessary documents.  A6185.

2.N. NAMING THE BELARDO ROAD BRIDGE “THE CHAIRMAN RICHARD M. MILANOVICH MEMORIAL BRIDGE”:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, NAMING THE BELARDO BRIDGE, “THE CHAIRMAN RICHARD M. MILANOVICH MEMORIAL BRIDGE.”

2.O. ACCEPT THE UNITED STATES DEPARTMENT OF JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 2012 IN THE AMOUNT OF $24,111:
RECOMMENDATION:  1) Approve the acceptance of a grant award from the United States Department of Justice in the amount of $24,111; 2); and 3) Authorize the City Manager to execute all necessary documents.  A____. 

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

3. LEGISLATIVE

3.A. INITIATION AND INTRODUCTION FOR FIRST READING OF AN ORDINANCE FOR A ZONE TEXT AMENDMENT FOR THE CIVIC CENTER DISTRICT ZONE AND INITIATION AND INTRODUCTION FOR FIRST READING OF AN ORDINANCE FOR A CHANGE OF ZONE DESIGNATION FOR SEVERAL CITY-OWNED PARCELS FROM THE CURRENT ZONING TO THE CIVIC CENTER DISTRICT / CIVIC USES ZONE
RECOMMENDATION:  1) Initiate, waive the reading of the full text of the ordinance, and introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE CIVIC CENTER DISTRICT ZONE;” and 2) Initiate, waive the reading of the full text of the ordinance, and introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF (NUMBER) PARCELS FROM VARIOUS CURRENT ZONING DESIGNATIONS TO CIVIC CENTER DISTRICT (CIVIC USES) ZONE, CASE NO. 5.1281 CZ (CHANGE OF ZONE).”
 
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.

5. NEW BUSINESS:

5.A. PRESENTATION BY THE BUREAU OF TOURISM ON THE FISCAL YEAR 2012-13 TOURISM BUDGET
RECOMMENDATION:  Direct staff as appropriate.

5.B. DISCUSSION OF THE PRELIMINARY FISCAL YEAR 2012-13 BUDGET:  
RECOMMENDATION:  Direct staff as appropriate.

5.C. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR CITY OF PALM SPRINGS 75TH ANNIVERSARY CELEBRATION:
RECOMMENDATION: Appoint two members of the City Council to an ad hoc City Council Subcommittee for the City of Palm Springs 75th Anniversary Celebration. 

5.D. UPDATE AND REVIEW OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.75 PERTAINING TO EVENT HOUSES:
RECOMMENDATION:  Direct staff as appropriate.

5.E. INITIAL APPOINTMENTS TO THE MEASURE J OVERSIGHT COMMISSION
RECOMMENDATION:  1) Appoint nine members to the Measure J Oversight Commission; and 2) Appoint two members as alternates to the Measure J Oversight Commission. 

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, June 6, 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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