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City Council Meeting November 19, 2008

City Council Meeting November 19, 2008

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA 

www.palmspringsca.gov

AGENDA

Steve Pougnet, Mayor
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, Councilmember
Chris Mills, Councilmember
Lee Weigel, 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, Palm Springs Library and the Palm Springs Police Station. 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:

PUBLIC COMMENT: 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: See Closed Session Agenda.

6:00 P.M. CITY COUNCIL REGULAR MEETING

 
CALL TO ORDER:

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

INVOCATION: Pastor David Sanger, Our Savior’s Community Church.

ROLL CALL:

PRESENTATIONS: School Poster Program awards by the CVAG Energy and Environment Committee.

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. ADOPTING FEES FOR VACANT BUILDING REGISTRATION AND MONITORING, DOWNTOWN NEWS RACK REGISTRATION AND IMPOUNDMENT, VACATION RENTAL REGISTRATION AND RENEWAL, AND AN EMERGENCY RESPONSE/EMERGENCY COMMUNICATION SYSTEM SERVICE FEE AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED:
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, ESTABLISHING FEES FOR VACANT BUILDING REGISTRATION AND MONITORING, DOWNTOWN NEWS RACK REGISTRATION AND IMPOUNDMENT, VACATION RENTAL REGISTRATION AND RENEWAL, AND EMERGENCY RESPONSE/EMERGENCY COMMUNICATION SYSTEM SERVICE FEE, AND MODIFYING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED.”
THE CITY COUNCIL WILL CONTINUE WITH THE COMMUNITY REDEVELOPMENT AGENCY FOR A JOINT PUBLIC HEARING.

1.B. AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0470C WITH SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION FOR AGENCY ASSISTANCE IN THE AMOUNT OF $153,700, FOR LAUNDRY AND OFFICE FACILITIES AT SUNRISE VILLAGE MOBILE HOME PARK LOCATED AT 1500 EAST SAN RAFAEL ROAD:
RECOMMENDATION: 1) Continue the Public Hearing to December 3, 2008, with no public testimony; and 2) Direct the City Clerk/Assistant Secretary to post a Notice of Continued Public Hearing.

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.

THE CITY COUNCIL WILL RECESS AND THE COMMUNITY REDEVELOPMENT AGENCY WILL CONTINUE.

RA. COMMUNITY REDEVELOPMENT AGENCY:

RA1. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the Community Redevelopment Agency Minutes of October 1, 2008, and November 5, 2008.

THE COMMUNITY REDEVELOPMENT AGENCY WILL CONTINUE WITH THE HOUSING AUTHORITY IN A JOINT MEETING.

RA2. MODIFICATION OF REGULATORY AGREEMENT, ASSIGNMENT AND ASSUMPTION OF LOAN DOCUMENTS, FREDDIE MAC RIDER TO THE REGULATORY AGREEMENT AND A SUBORDINATION AGREEMENT BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND CORPORATE FUND FOR HOUSING, D.B.A., LINC HOUSING CORPORATION, TO ASSIGN THE AGREEMENT TO TAHQUITZ ASSOCIATES, LP, AND BY THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND CORPORATE FUND FOR HOUSING, D.B.A., LINC HOUSING CORPORATION, TO ALLOW FOR THE TRANSFER OF THE PROPERTY TO A PARTNERSHIP THAT IS NOT A 501C(3) ORGANIZATION FOR THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900 and 2990 EAST TAHQUITZ CANYON WAY:
RECOMMENDATION: 1) [Community Redevelopment Agency] Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MODIFICATION OF THE REGULATORY AGREEMENT, ASSIGNMENT AND ASSUMPTION OF LOAN DOCUMENTS, FREDDIE MAC RIDER TO THE REGULATORY AGREEMENT AND A SUBORDINATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND CORPORATE FUND FOR HOUSING, D.B.A., LINC HOUSING CORPORATION, TO ASSIGN THE AGREEMENT TO TAHQUITZ ASSOCIATES, LP, FOR THE TAHQUITZ COURT APARTMENTS AT 2800, 2890, 2900, and 2990 EAST TAHQUITZ CANYON WAY;” 2) [Housing Authority] Adopt Resolution No. ____, “A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO A REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND CORPORATE FUND FOR HOUSING, D.B.A., LINC HOUSING CORPORATION, TO ALLOW FOR THE TRANSFER OF THE PROPERTY TO A PARTNERSHIP THAT IS NOT A 501C(3) ORGANIZATION FOR THE TAHQUITZ COURT APARTMENTS LOCATED AT 2800, 2890, 2900 AND 2990 EAST TAHQUITZ CANYON WAY;” and 3) Authorize the Executive Director to execute all necessary documents. A0501C.

THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY WILL ADJOURN AND CONTINUE AS 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 POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the November 19, 2008, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of November 12, 2008, November 5, 2008, October 1, 2008, and September 3, 2008.

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 1031589 THROUGH 1031755 IN THE AGGREGATE AMOUNT OF $2,725,204.59, 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 1031756 THROUGH 1031842 IN THE AGGREGATE AMOUNT OF $676,570.04, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 11-01-08 BY WARRANTS NUMBERED 414025 THROUGH 414070 TOTALING $75,720.99, LIABILITY CHECKS NUMBERED 1031843 THROUGH 1031863 TOTALING $154,501.18, FOUR WIRE TRANSFERS FOR $63,040.54, AND THREE ELECTRONIC ACH DEBITS OF $1,211,027.31, IN THE AGGREGATE AMOUNT OF $1,504,290.02, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR OCTOBER 2008:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period October 1 through October 31, 2008.

2.E. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2008:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of September 30, 2008.

2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1753, AMENDING THE ZONING MAP BY APPROVING CASE 5.1193 PDD 354, A PLANNED DEVELOPMENT DISTRICT, IN LIEU OF A CHANGE OF ZONE FOR THE PROPERTY LOCATED AT 168 VIA ESCUELA ROAD:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1753, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING CASE 5.1193 PDD 354, A PLANNED DEVELOPMENT DISTRICT, IN LIEU OF A CHANGE OF ZONE FOR THE PROPERTY LOCATED AT 168 VIA ESCUELA ROAD, ZONE R-3, SECTION 3.”

2.G. AGREEMENT WITH EVERGREEN RECYCLING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROFESSIONAL ADVICE ON SUSTAINABILITY AND RECYCLING ISSUES NOT-TO-EXCEED $47,320 FOR ONE YEAR:
RECOMMENDATION: 1) Approve an agreement with Evergreen Recycling Solutions for technical assistance on sustainability and recycling issues, in an amount not to exceed $47,320 for one year ending October 31, 2009; and 2) Authorize the City Manager to execute all necessary documents. A5336.

2.H. AGREEMENT WITH KEMA SERVICES, INC. FOR LEED COMMISSIONING SERVICES FOR THE PALM SPRINGS ANIMAL SHELTER PROJECT IN AN AMOUNT NOT-TO-EXCEED $75,000:
RECOMMENDATION: 1) Waive Palm Springs Municipal Code Sections 7.03.030 and 7.04.050 requiring a competitive process to select a LEED Commissioning Consultant; 2) Approve an agreement with KEMA Services, Inc. for LEED Commissioning Services for the Palm Springs Animal Shelter Project in an amount not-to-exceed $75,000; and 3) Authorize the City Manager to execute all necessary documents. A____.

2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2008-09 SB 821 PROJECTS, CP. 08-12 AND 08-13:
RECOMMENDATION: Approve the plans, specifications and working details, and authorization to bid for the Fiscal Year 2008-09 SB 821 Projects, CP 08-12 & 08-13.

2.J. REAFFIRM THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS:
RECOMMENDATION: Reaffirm the City’s Investment Policy governing the investment of City funds, as adopted by Resolution No. 21946, dated June 20, 2007.

2.K. AGREEMENT WITH NOLTE ASSOCIATES, INC., FOR THE TAHQUITZ CREEK LEVEE CERTIFICATION, IN THE AMOUNT OF $148,800 FOR CIVIL ENGINEERING SERVICES:
RECOMMENDATION: 1) Approve an agreement with Nolte Associates, Inc. in the amount of $148,800 for civil engineering services related to the Tahquitz Creek Levee Certification; 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. ACCEPT THE DONATION OF 17.07 ACRES OF REAL PROPERTY FROM THE SUZANNE D. PARISH REAL ESTATE TRUST TO BE PRESERVED AS OPEN SPACE AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE SUZANNE D. PARISH REAL ESTATE TRUST FOR THE LOT SPLIT OF APN 510-270-003:
RECOMMENDATION: 1) Accept the donation of 17.07 acres of real property in the Araby Cove and Araby Wash area from the Suzanne D. Parish Real Estate Trust to be preserved as open space; 2) Authorize the City Clerk to execute the Certificate of Acceptance; 3) Approve a Memorandum of Understanding with the Suzanne D. Parish Real Estate Trust for a lot split, APN 510-270-003; and 4) Authorize the City Manager to execute all necessary documents. A____.

4.B. APPROVE THE PURCHASE AND FINANCING OF THE MOTOROLA P25 800MHZ RADIO SYSTEM AS THE CITY’S PORTION OF THE EASTERN RIVERSIDE COUNTY INTEROPERABILITY REGIONAL AUTHORITY (E.R.I.C.A.):
RECOMMENDATION:  1) Waive the competitive requirements pursuant to Palm Springs Municipal Code Section 7.03.040; 2) Approve the purchase agreement with Motorola in an amount not-to-exceed $3,367,000 for 911 Emergency Dispatch equipment and mobile/handheld radio units, subject to final review and approval by the City Attorney; 3) Approve the financing agreement with Municipal Finance Corporation for the purchase for a period of 10 years, in an annual amount not-to-exceed $422,400 subject to final review and approval by the City Attorney; 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH; 5) Adopt Resolution No. _____ " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09 FOR EMERGENCY RESPONSE FUNDING;" and 6) Authorize the City Manager to execute all necessary documents. A____.

5. NEW BUSINESS: None.

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 on Wednesday, December 3, 2008, at 6:00 P.M. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The City Council will not hold a meeting on Wednesday, November 26, 2008.




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