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 John Kavcak, Our Lady of Solitude Church.

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. PROPOSITION 218 MAJORITY PROTEST HEARING ON THE MATTER OF INCREASING SEWER SERVICE RATES:
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 INCREASED SEWER SERVICE CHARGES EFFECTIVE JULY 1, 2012.”

1.B. APPEAL OF THE PLANNING COMMISSION DECISION BY BEST SIGNS, INC. REPRESENTING LUNDIN DEVELOPMENT REQUESTING A SIGN PROGRAM AMENDMENT TO ALLOW ADDITIONAL TENANT IDENTIFICATION ON THE EXISTING MONUMENT SIGNS AT THE RALPHS CVS PHARMACY SHOPPING CENTER LOCATED AT 425 SOUTH SUNRISE WAY (CASE SP 06-084):
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, DENYING THE APPEAL BY BEST SIGNS, INC. AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A SIGN PROGRAM AMENDMENT TO ALLOW TENANT IDENTIFICATION ON EXISTING MONUMENT SIGNS AT 425 SOUTH SUNRISE WAY.”

1.C. PROPOSED ISSUANCE OF TAX-EXEMPT MOBILE HOME PARK REVENUE BONDS BY THE INDEPENDENT CITIES FINANCE AUTHORITY NOT TO EXCEED $15,500,000 AGGREGATE PRINCIPAL AMOUNT FOR THE BENEFIT OF THE MILLENNIUM HOUSING LLC, A CALIFORNIA LIMITED COMPANY FOR THE ACQUISITION AND RENOVATION OF A 254-SPACE MOBILE HOME PARK KNOWN AS THE SAHARA MOBILE HOME PARK AT 1955 SOUTH CAMINO REAL:
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, AUTHORIZING, AND DIRECTING EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT WITH THE INDEPENDENT CITIES FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF BONDS BY THE AUTHORITY WITH RESPECT TO THE SAHARA MOBILE HOME PARK AT 1955 SOUTH CAMINO REAL;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A RELEASE OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS WITH MILLENNIUM HOUSING CORPORATION FOR THE REFINANCING OF A 254-SPACE MOBILE HOME PARK KNOWN AS SAHARA MOBILE HOME PARK AT 1955 SOUTH CAMINO REAL;” 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND AMONG MILLENNIUM HOUSING CORPORATION, (THE “ASSIGNOR”) AND MILLENNIUM HOUSING LLC, WITH RESPECT TO CERTAIN LOANS PREVIOUSLY MADE BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TO ASSIST IN FINANCING THE REHABILITATION OF THE SAHARA MOBILE HOME PARK AT 1955 SOUTH CAMINO REAL;” 5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A SUBORDINATION AGREEMENT WITH UNION BANK WITH RESPECT TO CERTAIN LOANS PREVIOUSLY MADE BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TO ASSIST IN FINANCING THE REHABILITATION OF THE SAHARA MOBILE HOME PARK;” and
6) Authorize the City Manager to execute all necessary documents. 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 April 18, 2012, City Council Agenda.

2.B. AGREEMENT WITH MK SORTING SYSTEMS FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED MATERIALS HANDLING SYSTEM AND COMPLETION OF THE RADIO FREQUENCY IDENTIFICATION SYSTEM FOR ALL LIBRARY MATERIALS:
RECOMMENDATION: 1) Approve an agreement with mk Sorting Systems for the purchase and installation of an automated materials handling system and the completion of the radio frequency material identification system in the amount of $359,201.19; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.C. VIP MOTORCARS REQUESTING APPROVAL OF A SPECIAL SIGN DISTRICT TO FACILITATE EXISTING AND FUTURE SIGNAGE FOR THE FOUR AUTOMOBILE DEALERSHIPS LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND CHEROKEE WAY (CASE NO. SP 10-007):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SPECIAL SIGN DISTRICT TO FACILITATE EXISTING AND PROPOSED SIGNAGE FOR THE FOUR AUTOMOBILE DEALERSHIPS LOCATED AT 3737, 3919, 4057 AND 4095 EAST PALM CANYON DRIVE.”

2.D. APPLICATION FOR CALTRANS BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT FUNDS AND ALLOCATION OF MATCHING FUNDING IN AN AMOUNT NOT TO EXCEED $60,000:2.D. APPLICATION FOR CALTRANS BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT FUNDS AND ALLOCATION OF MATCHING FUNDING IN AN AMOUNT NOT TO EXCEED $60,000:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF APPROVING SUBMISSION OF A CALTRANS BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION, NOTICE OF EXEMPTION, AND ALLOCATION OF TEN PERCENT (10%) OF THE PROJECT COST AS MATCHING FUND;” 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: None.

4. UNFINISHED BUSINESS:

4.A. APPROVE AN AMENDMENT TO THE PROJECT FINANCING AGREEMENT WITH PALM SPRINGS PROMENADE, LLC TO PROVIDE FOR THE SIMULTANEOUS CLOSING WITH THE CITY OF PALM SPRINGS 2012 LEASE REVENUE BONDS FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123 NORTH PALM CANYON DRIVE:
RECOMMENDATION:  1) Approve Amendment No. 1 to the Project Financing Agreement No. A6144 with Palm Springs Promenade, LLC to provide for the simultaneous closing with the City of Palm Springs 2012 Lease Revenue Bonds; and 2) Authorize the City Manager to execute all documents to effectuate the Amendment. A6144.

4.B. AWARD A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE PERMIT TO CAPS COLLECTIVE APOTHECARY, INC. LOCATED AT 4050 AIRPORT CENTER DRIVE (CASE NO. 09-003MC):
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE PERMIT TO CAPS COLLECTIVE APOTHECARY, INC., AT 4050 AIRPORT CENTER DRIVE, SUITE C (CASE NO. 09-003MC).

4.C. REVIEW DRAFT ORDINANCES AND INITIATE A ZONE TEXT AMENDMENT TO AMEND SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES:
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 such to the Palm Springs Planning Commission.

5. NEW BUSINESS:

5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2012-13 GENERAL FUND BUDGET AND FISCAL YEAR 2011-12 3RD QUARTER UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.B. PUBLIC ARTS FEES FOR LARGE SOLAR ENERGY PRODUCTION FACILITIES AND PROJECTS:
RECOMMENDATION: Adopt Resolution No.___ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 (AS AMENDED), ESTABLISHING AN ALTERNATIVE METHOD FOR DETERMINING PROJECT VALUATION FOR LARGE SCALE SOLAR ENERGY PRODUCTION FACILITIES FOR PURPOSES OF ASSESSING PUBLIC ART FEES.”

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 Thursday, April 19, 2012, at 9:00 A.M. Large Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

The next regular meeting of the City Council will be held on Wednesday, May 2, 2012, at 6:00 p.m., Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.