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City Council Meeting

City Council Meeting December 17, 2008

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA 

www.palmsprings-ca.gov

AGENDA



Steve Pougnet, Mayor
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, 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: Boy Scout Troop 262.

INVOCATION: Rev. Amanda Burr, United Methodist Church of Palm Springs.

ROLL CALL:

PRESENTATIONS: Sustainability Programs and Goals Progress Report and Update.

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. APPEAL BY SUNQUITZ, LLC OF THE PLANNING COMMISSION’S ACTION OF OCTOBER 22, 2008, TO DENY A ONE-YEAR TIME EXTENSION FOR A PLANNED DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF AN APPROXIMATE 94,000 SQUARE FOOT COMMERCIAL RETAIL CENTER LOCATED AT THE NORTHWEST CORNER OF NORTH SUNRISE WAY AND EAST TAHQUITZ CANYON WAY, CASE NO. 5.1025 – PD-307:
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, UPHOLDING AN APPEAL AND GRANTING A ONE-YEAR TIME EXTENSION REQUEST FOR THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT (PD 307) ALLOWING THE DEVELOPMENT OF A 94,000-SQUARE FOOT COMMERCIAL RETAIL CENTER TO BE LOCATED AT THE NORTHWEST CORNER OF NORTH SUNRISE WAY AND EAST TAHQUITZ WAY, ZONE RA, SECTION 14.” 

1.B. LA SERENA VILLAS, AN APPLICATION FOR DESIGNATION OF PROPERTY LOCATED AT 339 SOUTH BELARDO ROAD AS A HISTORIC SITE, CASE HSPB-69:
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, OVERRULING THE HISTORIC SITE PRESERVATION BOARD’S RECOMMENDATION FOR A CLASS ONE DESIGNATION AND DESIGNATING LA SERENA VILLAS LOCATED AT 339 SOUTH BELARDO ROAD AS A CLASS TWO HISTORIC SITE.”

1.C. APPLICATION BY SOUTHWEST REAL ESTATE HOLDINGS, LLC, FOR A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR A PARCEL AT THE NORTHWEST CORNER OF SUNNY DUNES ROAD AND SUNRISE WAY; AND TENTATIVE TRACT MAP 28308 TO SUBDIVIDE A PORTION OF A 3.2 ACRE PARCEL FRONTING SUNNY DUNES ROAD INTO SEVEN RESIDENTIAL LOTS, CASE 5.1175 GPA, CZ, TTM 28308:
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, AMENDING THE PALM SPRINGS GENERAL PLAN FOR A PARCEL OF LAND AT THE NORTHWEST CORNER OF SOUTH SUNRISE WAY AND SUNNY DUNES ROAD FROM VERY LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMUNITY COMMERCIAL;” 3) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING MAP TO CHANGE THE ZONE DESIGNATION FOR THE PROPOSED REMAINDER PARCEL AT THE NORTHWEST CORNER OF SUNNY DUNES ROAD AND SUNRISE WAY FROM RESIDENTIAL MOBILE HOME PARK AND SINGLE FAMILY RESIDENTIAL TO COMMERCIAL-RETAIL;” 4) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28308 CREATING SEVEN RESIDENTIAL LOTS FRONTING SUNNY DUNES ROAD, SUBJECT TO THE CONDITIONS OF APPROVAL.”

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 POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the December 17, 2008, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 3, 2008, and December 10, 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 1032027 THROUGH 1032117 IN THE AGGREGATE AMOUNT OF $573,554.74 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 11-15-08 BY WARRANTS NUMBERED 414071 THROUGH 414120 TOTALING $97,964.26, LIABILITY CHECKS NUMBERED 1032118 THROUGH 1032138 TOTALING $156,127.00, FOUR WIRE TRANSFERS FOR $82,440.54, AND THREE ELECTRONIC ACH DEBITS OF $1,215,708.90, IN THE AGGREGATE AMOUNT OF $1,552,240.70, DRAWN ON BANK OF AMERICA;” 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 1032139 THROUGH 1032310 IN THE AGGREGATE AMOUNT OF $1,971,527.65, DRAWN ON BANK OF AMERICA;” 4) 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 1032311 THROUGH 1032423 IN THE AGGREGATE AMOUNT OF $1,528,686.65, DRAWN ON BANK OF AMERICA;” and 5) 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 11-29-08 BY WARRANTS NUMBERED 414121 THROUGH 414166 TOTALING $97,676.52, LIABILITY CHECKS NUMBERED 1032424 THROUGH 1032444 TOTALING $152,743.15, FOUR WIRE TRANSFERS FOR $140,692.70, AND THREE ELECTRONIC ACH DEBITS OF $1,538,256.82, IN THE AGGREGATE AMOUNT OF $1,929,369.19, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER 2008:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period November 1 through November 30, 2008. 

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1754, ESTABLISHING A PASSENGER BILL OF RIGHTS FOR THE BENEFIT OF USERS OF GROUND TRANSPORTATION COMMERCIAL VEHICLES AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1754, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 16.02.095 TO, AMENDING SECTIONS 16.02.015 AND 16.36.020 AND SUBSECTION (a) OF SECTION 16.36.030 AND SUBSECTION (c) OF SECTION 16.36.045 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A PASSENGER BILL OF RIGHTS FOR THE BENEFIT OF USERS OF GROUND TRANSPORTATION COMMERCIAL VEHICLES AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”

2.F. TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2008:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of October 31, 2008. 

2.G. AUTOMATED TELLER MACHINE (ATM) LICENSE AGREEMENT WITH UNIVERSAL MONEY CENTERS, INC., AT THE PALM SPRINGS INTERNATIONAL AIRPORT, FOR A THREE-YEAR PERIOD:
RECOMMENDATION: 1) Approve a license agreement with Universal Money Centers, Inc. to provide Automated Teller Machine (ATM) Services at the Palm Springs International Airport effective January 4, 2009, through January 3, 2012, with two one-year extensions; and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.H. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA, IN THE AMOUNT OF $100,000:
RECOMMENDATION: 1) Accept from the State of California the Supplemental Law Enforcement Services Funds Grant (SLESF) and Expenditure Plan in the amount of $100,000; 2) Direct the Director of Finance/City Treasurer to fund the appropriation; and 3) Authorize the City Manager to execute all documents to effectuate the acceptance of the Grant. A____.

2.I. DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2007-08:
RECOMMENDATION: Receive and File the Government Code Section 66000 Development Project Fee Report for Fiscal Year 2007-08. 

2.J. AGREEMENT WITH DBX, INC. FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, FEDERAL AID PROJECT HSIPL-5282(028), CP 06-12:
RECOMMENDATION: 1) Approve an agreement with DBX, Inc., for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, in the amount of $165,204, Federal Aid Project HSIPL-5282(028), CP 06-12; and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.K. NOTICE TO PROCEED FOR VEOLIA WATER NORTH AMERICA-WEST, LLC, FOR THE DESIGN PHASE OF THE DIGESTER NO. 1 REHABILITATION, CP 08-09:
RECOMMENDATION: Approve a Notice to Proceed for Veolia Water North America-West, LLC, in the amount of $503,286 for the design phase of the Digester No. 1 Rehabilitation, CP 08-09.

2.L. PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT OF PUBLIC ART WITH TAHITI PARTNERS REAL ESTATE DEVELOPMENT CORPORATION AND 111/CAMINO REAL, LLC AND REIMBURSEMENT OF PUBLIC ART FEES IN THE AMOUNT OF $11,005 FOR PLACEMENT OF PUBLIC ART AT THE OCEO PROJECT:
RECOMMENDATION: 1) Approve an Agreement for Placement of Artwork on Private Property and Grant of Easement with Tahiti Partners Real Estate Development Corporation and 111/Camino Real, LLC in an amount not to exceed $22,000 for placement and reimbursement of public art at the Oceo Project; 2) Approve partial payment of the Reimbursement of Public Art Fees in the amount of $11,005 to Tahiti Partners Real Estate Development Corporation and 111/Camino Real, LLC for placement and reimbursement of public art at the Oceo Project; and 3) Authorize the City Manager to execute all necessary documents. A____. 

2.M. WAIVER OF FEES ASSOCIATED WITH MINOR ARCHITECTURAL APPLICATION, SIGN PERMITS, AND HISTORIC SITE PRESERVATION BOARD REVIEW FOR BUSINESSES OR PROPERTY OWNERS PARTICIPATING IN THE FACADE IMPROVEMENT PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE WAIVER OF FEES ASSOCIATED WITH MINOR ARCHITECTURAL APPLICATION, SIGN PERMITS, AND HISTORIC SITE PRESERVATION BOARD REVIEW FOR BUSINESSES OR PROPERTY OWNERS PARTICIPATING IN THE FACADE IMPROVEMENT PROGRAM.”

2.N. AGREEMENT WITH MUNISERVICES, LLC FOR AUDITING AND CONSULTING SERVICES FOR THE CITY’S UTILITY USER TAX/FRANCHISE COMPLIANCE PROGRAM:
RECOMMENDATION: 1) Approve an agreement with MuniServices, LLC to provide auditing and consulting services on the City’s Utility User Tax/Franchise Compliance Program for a three-year period with three-year extension options, subject to final review and approval of the City Attorney; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;” and 3) Authorize the City Manager to execute all necessary documents. A____. 

2.O. PURCHASE OF TWO NEW CNG FORD TRUCKS FOR USE BY THE PARKS DEPARTMENT AND THE PUBLIC WORKS DEPARTMENT:
RECOMMENDATION: 1) Approve the purchase of one (1) CNG powered new 2009 Ford F-350 flat/tilt bed in the amount of $48,546.08 and one (1) CNG powered new 2009 Ford F-150 4X4 Super Crew in the amount of $45,662.43, for a total purchase amount for both vehicles of $94,208.51 from Redlands Ford of Redlands, California; and 2) Authorize the City Manager to execute all necessary documents. 

2.P. JOINT ITEM, CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY, AGREEMENT WITH CANYON COMMERCIAL SERVICES, INC. FOR CONSULTING SERVICES, WHICH PROVIDE ASSISTANCE AND ADVICE ON THE MARKETING AND MANAGEMENT OF THE PALM SPRINGS DOWNTOWN:
RECOMMENDATION: 1) Approve an agreement with Canyon Commercial Services, Inc. for consulting services, which provide assistance and advice to the City and Community Redevelopment Agency in the marketing and management of the Palm Springs Downtown; 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;” and 3) Authorize the City Manager/Executive Director to execute all necessary documents in a form acceptable to the City/Agency Attorney. A____.

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

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

RA. COMMUNITY REDEVELOPMENT AGENCY CONSENT CALENDAR:

RA1. APPROVE A $25,000 FACADE IMPROVEMENT GRANT FOR EXTERIOR IMPROVEMENTS AT 262 SOUTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve the Facade Improvement Agreement with the Kaiser Restaurant Group in an amount not to exceed $25,000, for exterior improvements at 262 South Palm Canyon Drive; and 2) Authorize the Executive Director to execute all necessary documents. A____.

RA2. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the Community Redevelopment Agency Minutes of December 3, 2008.

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: 

4.A. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID FOR FIRST PHASE REPAIR OF THE CITY HALL AND DOG PARK PARKING LOT, CP 01-17:
RECOMMENDATION: Approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the first phase of the City Hall and Dog Park parking lot, CP 01-17.

5. NEW BUSINESS:

5.A. AMENDMENT TO THE FISCAL YEAR 2008-09 BUDGET FOR ADDITIONAL NUISANCE ABATEMENT ACTIVITIES IN THE AMOUNT OF $50,000:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09.”

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 Regular Meeting, Wednesday, January 7, 2009, 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. Due to the upcoming holidays, meetings will not be held on December 24, 2008, and December 31, 2008. 













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