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City Council Meeting Agenda and Staff Reports

January 4, 2017

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


Robert Moon, Mayor
Ginny Foat, Mayor Pro Tem
Geoff Kors, Councilmember
Chris Mills, Councilmember
J.R. Roberts, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

David H. Ready, Esq., Ph.D., City Manager
Kathleen D. Hart, MMC, Interim City Clerk
Marcus L. Fuller, MPA, P.E., P.L.S., Assistant City Manager/City Engineer
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and Treasurer

Any person who wishes to provide public testimony for an Item on the Agenda MUST file a speaker card prior to the Public Testimony (Non-Public Hearing Agenda Items Only) prior to that portion of the meeting.  Testimony for Public Hearings will be allowed only during the Public Hearing.  [Two (2) minutes per speaker]
 
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. [Two (2) minutes per speaker]

Any person who wishes to speak on a topic not on the agenda 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. [Two (2) minutes per speaker] 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.

Please note, any agenda item which has not been initiated by 11:00 P.M. may be continued to a subsequent meeting.

At approximately 10:00 P.M., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 P.M. Adjournment time.

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:

ROLL CALL:

PRESENTATIONS:

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.

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.

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items.  Two (2) minutes will be assigned to each speaker.  Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.  

1.    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.

1.A.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 7, 2016, November 30, 2016, November 16, 2016, and October 26, 2016.
    
1.B.    TREASURER’S INVESTMENT REPORT AS OF NOVEMBER 30, 2016:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of November 30, 2016.

1.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 1088834 THROUGH 1088991 IN THE AGGREGATE AMOUNT OF $3,987,635.73, DRAWN ON BANK OF AMERICA;” and 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 1088992 THROUGH 1088994 IN THE AGGREGATE AMOUNT OF $8,355.94, DRAWN ON BANK OF AMERICA.”

1.D.    RECEIVE GIFT FOR LIBRARY TRUST FUND FROM THE ALEXANDER JABLOW AND GRACE JABLOW INTER VIVOS REVOCABLE TRUST:
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GIFT FROM THE ALEXANDER JABLOW AND GRACE JABLOW INTER VIVOS REVOCABLE TRUST FOR THE LIBRARY TRUST FUND.”

1.E.    AIR SERVICE MARKETING INCENTIVE FUNDING AWARD TO AIR CANADA:
RECOMMENDATION:  1) Approve Air Service Incentive funding for Air Canada Rouge in an amount not to exceed $50,000; and 2) Authorize the City Manager to execute all necessary documents.  A____.

1.F.    SECOND READING AND ADOPTION OF ORDINANCE NO. 1911 EXPANDING THE PARKS AND RECREATION COMMISSION FROM NINE TO ELEVEN MEMBERS AND AMENDING THE QUORUM REQUIREMENT FOR THE SUSTAINABILITY COMMISSION:
RECOMMENDATION:  Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1911, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.18.010, AND SECTION 2.28.020(b) OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO BOARDS AND COMMISSIONS.”

1.G.    RATIFY AND APPOINT THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING DECEMBER 31, 2017:
RECOMMENDATION:  Appoint Bill Pattison, as the City of Coachella representative, to the Palm Springs International Airport Commission for the term ending December 31, 2017.

1.H.    APPOINTMENT TO THE BOARD OF LIBRARY TRUSTEES FOR THE TERM ENDING JUNE 30, 2019:
RECOMMENDATION: Appoint George McBride to the Board of Library Trustees for the term ending June 30, 2019.

1.I.    ACCEPT THE RESIGNATION OF NANCY FERGUSON FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION:  1) Accept with regret the resignation of Nancy Ferguson from the Sustainability Commission; and 2) Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2018.

1.J.    MILLS ACT HISTORIC SITE AGREEMENT WITH CHRISTOPHER SMITH AND THE SANDCLIFF HOMEOWNERS ASSOCIATION FOR THE PROPERTY LOCATED AT 1817 SANDCLIFF ROAD, A CLASS 1 HISTORIC SITE (HSPB 93/HD-5):
RECOMMENDATION:  1) Approve a Mills Act Historic Property Agreement with Christopher Smith and the Sandcliff Homeowners Association for property located at 1817 Sandcliff Road, a Class 1 Historic Site (HSPB 93/HD-5); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to record the Agreement. A____.

1.K.    ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND APPROPRIATION:
RECOMMENDATION:  1) Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan; 2) Direct the Director of Finance/City Treasurer to fund the Appropriation; and 3) Authorize the City Manager to execute all necessary documents.  A5765.

1.L.    ACCEPT THE COMMUNITY FACILITIES DISTRICT ANNUAL ACCOUNTABILITY REPORT:
RECOMMENDATION:  1) Accept the Community Facilities District No. 2005-1 (Public Safety Services) and Community Facilities District No. 2007-1 (Tribal Land) Special Tax and Bond Accountability Reports for Fiscal Year 2015-16; and 2) Authorize the City Manager to execute all necessary documents.
    
1.M.    APPROVE A SPONSORSHIP FUNDING AGREEMENT IN THE AMOUNT OF $25,000 WITH DESERT BIENNIAL FOR THE 2017 “DESERT X - EXHIBITION OF ART:”
RECOMMENDATION: 1) Approve a sponsorship agreement with Desert Biennial for the “Desert X – Exhibition of Art,” in the amount of $25,000;
2) Authorize the City Manager to enter into a separate agreement acceptable to the City Attorney to accommodate the installation and maintenance of a temporary art sculpture by artist Hank Willis Thomas in Palm Springs to be on display from February 22 to April 30, 2017; and 3) Authorize the City Manager to execute all necessary documents.  A____.  A____.
    
1.N.    APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC., FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 7 TRAFFIC SIGNAL MODIFICATIONS, CP 15-32, FEDERAL-AID PROJECT NO. HSIPL-5282 (046):
RECOMMENDATION: 1) Approve an agreement with Michael Baker International, Inc., in the amount of $373,683 for environmental and engineering design services for the Highway Safety Improvement Program (HSIP) Cycle 7 Traffic Signal Modifications, CP 15-32, Federal-Aid Project No. HSIPL-5282 (046); 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.

2.    PUBLIC HEARINGS:

2.A.    CLASS 1 HISTORIC DESIGNATION OF “THE TRAM WAY SHELL GAS STATION” LOCATED AT 2796 NORTH PALM CANYON DRIVE AND CEQA DETERMINATION (HSPB 99):
                     Corresponding Historic Resources Report
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, DESIGNATING THE PROPERTY LOCATED AT 2796 NORTH PALM CANYON DRIVE, “THE TRAM WAY SHELL GAS STATION,” A CLASS 1 HISTORIC SITE, AND DETERMINE THE PROJECT AS EXEMPT FROM CEQA (HSPB 99) (ZONE C-1 / RGA-6 / RESORT COMBINING ZONE) (APN 504-091-001).”

2.B.    APPEAL BY SUMMIT LAND PARTNERS, LLC OF THE PLANNING COMMISSION ACTION TO DENY A PLANNED DEVELOPMENT DISTRICT APPLICATION, VESTING TENTATIVE TRACT MAP APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR THE DEVELOPMENT OF A 90-LOT SINGLE-FAMILY SUBDIVISION ON A 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE:
RECOMMENDATION: 1) Take no public testimony at this time; 2) Continue the Public Hearing to February 1, 2017; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law.

3.    LEGISLATIVE:

3.A.    EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1893 IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS TO MAY 5, 2017:  (4/5ths Vote Required)
RECOMMENDATION:  1) Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. ___, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 1893 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO MAY 5, 2017.  (4/5ths Vote Required).

4.    UNFINISHED BUSINESS:  None.

5.    NEW BUSINESS:

5.A.    APPROVE PARTIAL RELEASE OF THE PERFORMANCE DEED OF TRUST FOR BLOCK B-1 IN LIEU OF BLOCK A-1 OF THE DOWNTOWN PALM SPRINGS PROJECT:
RECOMMENDATION:  1) Rescind the City Council’s action on December 14, 2016, authorizing the City Manager to execute a Substitution of Trustee and Deed of Partial Reconveyance by and between the City of Palm Springs (Beneficiary) and Palm Springs Promenade, LLC, (Trustor) for Block A-1; 2) Authorize the City Manager to execute a Substitution of Trustee and Deed of Partial Reconveyance by and between the City of Palm Springs (Beneficiary) and Palm Springs Promenade, LLC, (Trustor) for Block B-1.  A6144.

5.B.    APPOINT TWO MEMBERS OF THE CITY COUNCIL TO AN AD HOC SUBCOMMITTEE TO REVIEW APPLICATIONS FOR THE ADMINISTRATIVE POSITION FOR THE CITY COUNCIL:
RECOMMENDATION:  Appoint two members of the City Council to an ad hoc subcommittee to review applications for the administrative position for the City Council with a sunset date of March 31, 2017.

PUBLIC COMMENT:  (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on 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.  Two (2) minutes will be assigned to each speaker.  Testimony for Public Hearings will only be taken at the time of the hearing.

UPCOMING AGENDA DEVELOPMENT:  This time is set aside for the City Council to prioritize and set future agenda items.

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 a Study Session on Wednesday, January 11, 2017, 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.

The next regular City Council meeting will be Wednesday, January 18, 2017, 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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