CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Steve Pougnet, Mayor
Lee Weigel, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, 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
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

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
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION:

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. COLLEGE PARK SPECIFIC PLAN GENERAL PLAN AMENDMENT AND CHANGE OF ZONE TO REFINE LAND USES IN PROXIMITY TO THE FUTURE COLLEGE OF THE DESERT WEST VALLEY CAMPUS (CASE NO. 5.1232-SP, GPA & CZ):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive reading of the full text of the Ordinance and introduce by title only; and 3) Introduce for first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CHANGE OF ZONE, AND ADOPTING THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY
111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE.”

1.B. COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL JOINT PUBLIC HEARING APPROVING AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE INVESTMENTS, LLC FOR REMEDIATION AND MONITORING THE SITE OF A 393,000 SQUARE FOOT RETAIL SHOPPING CENTER AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111) MERGED REDEVELOPMENT PROJECT AREA NO. 1:

RECOMMENDATION REDEVELOPMENT AGENCY: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC (FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE SPRINGS PROJECT;” and 3) Authorize the Executive Director to execute a budget transfer of $140,000 from unallocated capital outlay funds to an account established for the purposes of executing this agreement. A0503C.

RECOMMENDATION CITY COUNCIL: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC.”

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 April 20, 2011, City Council Agenda.

2.B. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1787, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1787, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS.”

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 1048018 THROUGH 1048119 IN THE AGGREGATE AMOUNT OF $1,848,553.16, 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 4-02-11 BY WARRANTS NUMBERED 416575 THROUGH 416601 TOTALING $55,530.40, LIABILITY CHECKS NUMBERED 1048120 THROUGH 1048143 TOTALING $126,806.36, FIVE WIRE TRANSFERS FOR $46,470.96, AND THREE ELECTRONIC ACH DEBITS OF $1,049,137.61, IN THE AGGREGATE AMOUNT OF $1,277,945.33, 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 1048144 THROUGH 1048237 IN THE AGGREGATE AMOUNT OF $663,716.61, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR MARCH 2011:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period March 1 through March 31, 2011.

2.E. ACCEPT THE RESIGNATION OF JAMIE KABLER FROM THE PUBLIC ARTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Jamie Kabler from the Public Arts Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

2.F. ACCEPT THE RESIGNATION OF JEANNE MAZUR FROM THE PUBLIC ARTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Jeanne Mazur from the Public Arts Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A5672 WITH SWATT/MIERS ARCHITECTS TO PROVIDE ADDITIONAL DESIGN SERVICES AT THE ANIMAL CARE FACILITY:
RECOMMENDATION: 1) Approve Amendment No. 5 to Agreement No. A5672 with Swatt/Miers Architects to provide for additional design services related to re-design of the Canine Courtyard as part of the settlement to Field Correction Notice #8, in the amount of $2,900; and 2) Authorize the City Manager to execute all necessary documents. A5672.

2.H. AGREEMENT WITH PYRANET LLC FOR THE BILLINGS AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND CONTINUANCE OF THE ALARM DIVERSION PROGRAM:
RECOMMENDATION: 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, and false alarm billings and continue the On-Line Alarm Diversion Program for 36 months; 2) Authorize the City Manager to execute all necessary documents. A5409.

2.I. HUMAN RIGHTS COMMISSION REQUEST PERTAINING TO CIVIL MARRIAGES:
RECOMMENDATION: Receive and file.

2.J. PROJECT SYSTEM SOFTWARE AND DATA SERVICES FOR THE BUILDING AND SAFETY DEPARTMENT AND DEVELOPMENT SERVICES:
RECOMMENDATION: 1) Waive the competitive sealed proposal requirements of the Municipal Code Section 7.04.080 (6) and award a master software and services agreement for a new permitting software system, in a form acceptable to the City Attorney, to BUILDERadius Inc. of Asheville, NC in the amount of $88,500.00, including 5 years of maintenance; and 2) 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. CONSIDERATION OF DRAFT ORDINANCES PROHIBITING SMOKING NEAR PALYGROUNDS AND IN THE ALTERNATIVE, PROHIBITING SMOKING IN CITY PARKS:
RECOMMENDATION: 1) Waive further reading and adopt on second reading, Ordinance No. 1788, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING NEAR PLAYGROUNDS” OR 2) Waive the reading of text in its entirety, read by title only, and re-introduce on first reading, Ordinance No. 1788, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS.”

3.B. PROPOSED ORDINANCE ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE AND ESTABLISHING A FILING FEE:
RECOMMENDATION: 1) Waive reading of the full text of the Ordinance and introduce by title only; 2) Introduce for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS.”

4. UNFINISHED BUSINESS:

4.A. APPROVE THE REDESIGN FOR THE RENOVATION AND EXPANSION OF THE WELWOOD MURRAY MEMORIAL LIBRARY, A CLASS 1 HISTORIC SITE, LOCATED AT 100 SOUTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Direct staff to submit the redesigned project to the Planning Commission and the Architectural Advisory Committee; and 2) Direct staff to submit the redesigned project to the Historic Site Preservation Board for a Certificate of Approval.

4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 GENERAL FUND BUDGET AND SUSTAINABILITY FUND BUDGET, AND FISCAL YEAR 2010-11 3RD QUARTER UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.B. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE 2011 GENERAL PLAN HOUSING UPDATE:
RECOMMENDATION: Appoint two-members of the City Council to the
Ad Hoc Subcommittee for the 2011 General Plan Housing Update.

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, May 4, 2011, 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.