CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS 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
Paul Lewin, 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, Chief of Staff/City Clerk
Marcus Fuller, Assistant City Manager/City Engineer
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and 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 and 26.103.  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

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:  Girl Scout Troop 1744.  

INVOCATION:  Michale Cashe, Inner Faith Spiritual Center.  

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.    PUBLIC HEARING ON THE FISCAL YEAR 2015-16 BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR AGENCY BUDGET, APPROPRIATIONS LIMIT, AND PRESENTATION OF THE USER FEE STUDY / COST ALLOCATION PLAN, AND COMPREHENSIVE FEE SCHEDULE:  Staff Report Part 2  Staff Report Part 3
RECOMMENDATION: 1) Open the Public Hearing and accept public testimony on the Fiscal Year 2015-16 Budget; 2) Continue the adoption of the Budget and the Allocated Positions and Compensation Plan to the June 17, 2015, City Council Meeting; and 3) Receive the User Fee Study and Cost Allocation Plan, the draft Comprehensive Fee Schedule, and conduct a Public Hearing at the June 17, 2015, City Council meeting.

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 June 3, 2015, City Council Agenda.

2.B.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of May 20, 2015.  

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 04-25-2015 BY WARRANTS NUMBERED 419107 THROUGH 419123 TOTALING $29,775.04 LIABILITY CHECKS NUMBERED 1078241 THROUGH 1078261 TOTALING $106,969.54, FIVE WIRE TRANSFERS FOR $55,729.56, AND THREE ELECTRONIC ACH DEBITS OF $1,282,040.19 IN THE AGGREGATE AMOUNT OF $1,474,514.33, 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 1078262 THROUGH 1078389 IN THE AGGREGATE AMOUNT OF $1,280,220.12, 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 1078390 THROUGH 1078578 IN THE AGGREGATE AMOUNT OF $2,560,927.96, DRAWN ON BANK OF AMERICA.”

2.D.    STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2015:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2015.  

2.E.    ACCEPT THE RESIGNATION OF KEVIN TOWNER FROM THE MEASURE J COMMISSION:
RECOMMENDATION:  1) Accept the resignation of Kevin Towner from the Measure J Commission; and 2) Direct the City Clerk to post a notice of vacancy for the unexpired term ending June 30, 2015.

2.F.    PROPOSED RESOLUTIONS CALLING THE NOVEMBER 3, 2015, GENERAL MUNICIPAL ELECTION, ORDERING SERVICES, AND ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS:  
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND CITY CHARTER;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015;” and 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES/PROFILES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS/PROFILES SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015.”

2.G.    CITY TREASURER’S INVESTMENT REPORT AS OF APRIL 30, 2015:
RECOMMENDATION:  Receive and File the City Treasurer’s Investment Report as of April 30, 2015.

2.H.    DONATION OF TWO (2) HURST JL-150 CUTTERS, ONE (1) X-TRACTOR CUTTER, ONE (1) MAVERICK COMBI, AND TWO (2) HYDRAULIC POWER UNITS TO THE COLLEGE OF THE DESERT REGIONAL PUBLIC SAFETY FIRE ACADEMY:
RECOMMENDATION: 1) Waive the Public Auction requirement in Section 7.07.020 (3) of the Palm Springs Municipal Code for Disposition of Surplus Property and authorize the donation of two (2) JL-150 cutters, one (1) X-tractor cutter, one (1) Maverick Combi, and two (2) power units to the Public Safety Academy at College of the Desert; and 2) Authorize the City Manager to execute all necessary documents.  

2.I.    RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2017:  
RECOMMENDATION: Appoint Robert Berriman, as the City of Indian Wells representative, to the Palm Springs International Airport Commission for the term ending June 30, 2017.

2.J.    APPROVE RESOLUTIONS OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 9, ANNEXATION NO. 10, ANNEXATION NO. 11, AND ANNEXATION NO. 12:
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES” (Annexation No. 9, Vibrante Tract 32736); 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES” (Annexation No. 10, Cameron Tract 33575 ); 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES” (Annexation No. 11, Palm Ridge Tract 36738); 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES” (Annexation No. 12, Via Olivera Tract 36737); and 5) Set the Public Hearing for 6:00 p.m. on July 15, 2015, for public comment and for the filing of written protest by any property owner regarding the annexation of territory to CFD 2005-1, the levy of a special tax for public safety services, and a special landowner election.

2.K.    APPROVE RESOLUTIONS OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 AND ANNEXATION NO. 2:  
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES” (Annexation No. 1, Canyon Lofts Tract 36815); 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES” (Annexation No. 2, Twin Palms Tract 36651); and 3) Set the public hearing for 6:00 p.m. on July 15, 2015, for public comment and for the filing of written protest by any property owner regarding the annexation of territory to CFD 2007-1, the levy of a special tax for public safety services, and a special landowner election.

2.L.    ACCEPT FROM THE AGUA CALIENTE BAND OF CAHUILLA INDIANS A GRANT IN THE AMOUNT OF $25,000 AND AUTHORIZE THE PURCHASE OF A LASER SCANNING SYSTEM FOR THE PALM SPRINGS POLICE DEPARTMENT:  
RECOMMENDATION: 1) Accept a grant from the Agua Caliente Band of Cahuilla Indians in the amount of $25,000; 2) Authorize the purchase of a Focus3D X130 Laser Scanning System, including applicable sales tax, licensing, software, training and accessories, utilizing Federal GSA Schedule 66, #GS24F0044M, cooperative purchase pricing, from FARO Technologies Inc. in an amount not to exceed $76,913.19; and
3) Authorize the City Manager to execute all necessary documents.  

2.M.    NATHAN AND GINA OTTO ART MURAL APPLICATION FOR AN EXISTING ART MURAL ON THE COMMERCIAL BUILDING AT 810 NORTH FARRELL DRIVE (CASE 15-001 MUR):
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 15-001-MUR FOR AN ART MURAL ON THE COMMERCIAL BUILDING AT 810 N. FARRELL DRIVE, ZONE M-1-P.”   

2.N.    AMENDMENT NO. 5 TO AGREEMENT NO. A5862 FOR LOSS CONTROL AND REGULATORY SERVICES WITH KEENAN & ASSOCIATES:  
RECOMMENDATION:  1) Approve Amendment No. 5 to consulting services agreement for Loss Control and Regulatory Services with Keenan & Associates, in the amount of $65,000; and 2) Authorize the City Manager to execute all necessary documents.  A5862

2.O.    APPROVE EASEMENT AGREEMENT AND COVENANT WITH VILLAS DE LAS FLORES ASSOCIATION FOR THE MAINTENANCE OF CITY TREES ADJACENT TO VILLAS DE LAS FLORES CONDOMINIUM DEVELOPMENT:  
RECOMMENDATION:  1) Approve the Easement Agreement and Covenant with Villas de Las Flores Association for the maintenance of city trees adjacent to the Villas de Las Flores Condominium Development and authorize the City Manager to execute this Covenant Agreement on behalf of the City.  A____.  

2.P.    APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2015-16:  
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES AS THE CITY’S BROKER OF RECORD, TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGEFEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, CRIME/FIDELITY LIABILITY, AND CYBER LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2015-2016, EFFECTIVE JULY 1, 2015.”

2.Q.    ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2015-16:  
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NOS. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2015-16;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 1, 2015, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NOS. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2015-16.”

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

3.    LEGISLATIVE:  

3.A.    AN ORDINANCE AMENDING SECTIONS 5.35.110 AND 5.35.120 OF, AND ADDING SUBSECTION C TO SECTION 5.35.340 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS CULTIVATION AND INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES FROM FOUR (4) TO SIX (6):  
RECOMMENDATION:  Waive the reading of the ordinance text in its entirety and introduce Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.110 AND 5.35.120 OF, AND ADDING SUBSECTION C TO SECTION 5.35.340 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS CULTIVATION AND INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES FROM FOUR (4) TO SIX (6).”

4.    UNFINISHED BUSINESS:  None.  

5.    NEW BUSINESS:

5.A.    CITY HALL LANDSCAPE CONVERSION PROJECT (CP 15-04):
RECOMMENDATION:  Direct staff as appropriate.  

5.B.    CITY COUNCIL DIRECTED DISCUSSION FOR REVIEW OF POLICY, PROCEDURES, REGULATIONS, AND PRACTICES FOR THE TRANSFER AND/OR SALE OF CITY AND SUCCESSOR AGENCY OWNED REAL PROPERTY, AND ESTABLISHED AND APPROVED ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS:   
RECOMMENDATION:  Direct Staff as appropriate.

5.C.    DISCUSSION ON POTENTIAL COSTS AND ALTERNATIVES FOR THE DEMOLITION OF THE FORMER MAC MAGRUDER CHEVROLET SITE LOCATED AT 999 SOUTH PALM CANYON DRIVE (ASSESSOR’S PARCEL NUMBER 513-250-014):  Additional Staff Report Material
RECOMMENDATION:  Direct staff as appropriate.  

5.D.    APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2015 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION: Appoint members to various Commissions and Boards as part of the 2015 Annual Recruitment of Boards and Commissions.

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, June 4, 2015, at 9:00 A.M. West Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.