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City Council Meeting

February 4, 2009

CITY COUNCIL
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
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. Kevin Johnson, Bloom in the Desert Ministries.

ROLL CALL:

PRESENTATIONS:

Proclaiming February, 2009 as Black History Month in the City of Palm Springs.

Crime Statistics and Police Department 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. LA SERENA VILLAS DESIGNATION OF THE PROPERTY LOCATED AT 339 SOUTH BELARDO ROAD AN HISTORIC SITE CASE HSPB-69:
RECOMMENDATION:
1) Continue the Public Hearing to April 15, 2009, with no public testimony at this time; and 2) Direct the City Clerk 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.

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 February 4, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 21, 2009.

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 1033075 THROUGH 1033207 IN THE AGGREGATE AMOUNT OF $664,676.55 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 01-10-09 BY WARRANTS NUMBERED 414268 THROUGH 414313 TOTALING $79,550.41, LIABILITY CHECKS NUMBERED 1033208 THROUGH 1033228 TOTALING $151,707.74, FOUR WIRE TRANSFERS FOR $65,299.07 AND THREE ELECTRONIC ACH DEBITS OF $1,115,110.42 IN THE AGGREGATE AMOUNT OF $1,411,667.64 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 1033229 THROUGH 1033419 IN THE AGGREGATE AMOUNT OF $2,856,737.05 DRAWN ON BANK OF AMERICA.”

2.D. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2008:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of December 31, 2008.

2.E. ACCEPT THE RESIGNATION OF THOMAS BIANCO FROM THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Thomas Bianco from the VillageFest Board; and 2) Direct the City Clerk to post a Notice of Vacancy.

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

3. LEGISLATIVE: 

3.A. PROPOSED ORDINANCE CHANGING THE NAME OF THE RESOURCE CONSERVATION COMMISSION TO THE SUSTAINABILITY COMMISSION AND ESTABLISHING REVISED DUTIES OF THE COMMISSION:
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY COMMISSION.” 

3.B. PROPOSED ORDINANCE AMENDING THE PROCUREMENT AND CONTRACTING PROVISIONS ESTABLISHING A LOCAL BUSINESS PREFERENCE PROGRAM:
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 7.01.040 AND 7.09.030 OF, AND ADDING SECTION 1.01.231 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A LOCAL BUSINESS PREFERENCE PROGRAM.”

4. UNFINISHED BUSINESS: 

4.A. BUILDING INDUSTRY ASSOCIATION (BIA) REQUEST FOR THE WAIVER/DELAY OF CERTAIN DEVELOPMENT FEES:
RECOMMENDATION: 1) Direct staff as appropriate.

The City Council will recess and convene as the Community Redevelopment Agency.

RA. COMMUNITY REDEVELOPMENT AGENCY:

RA1. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the Community Redevelopment Agency Minutes of December 17, 2008. 

RA2. PROPOSED LANDSCAPE DESIGN AGREEMENT FOR THE JACKIE LEE HOUSTON PLAZA AND AMENDMENT TO THE FISCAL YEAR 2008-09 BUDGET:
RECOMMENDATION: 1) Approve a standard form professional services consulting agreement with Design Workshop, Inc., for landscape design services for the Palm Springs Convention Center in an amount not-to-exceed $114,770 plus reimbursable expenses not-to-exceed $9,950; 2) Direct the Finance Director to appropriate $124,720 from Unscheduled Capital Projects 812-8192-50000 to Triangle Parcel Design 812-8192-65185; and 3) Authorize the Executive Director to execute all documents as necessary. A____.

RA3. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL REVIEW AND PLANNING SERVICES FOR THE COLLEGE OF THE DESERT WESTERN COACHELLA VALLEY CAMPUS AND AMENDMENT TO THE FISCAL YEAR 2008-09 BUDGET:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $436,850 WITH TERRA NOVA PLANNING AND RESEARCH;” 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 FOR THE COLLEGE OF THE DESERT WESTERN COACHELLA VALLEY CAMPUS PLANNING SERVICES;” and 3) Authorize the Executive Director to execute all documents as necessary. A____. 

RA4. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE SOUTH PALM CANYON DRIVE WIDENING PROJECT (CITY PROJECT NO. 05-03):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZING THE BIDDING OF THE SOUTH PALM CANYON DRIVE WIDENING PROJECT (CITY PROJECT NO. 05-03).”

The Community Redevelopment Agency will adjourn, and the City Council reconvenes.

5. NEW BUSINESS:

5.A. DISCUSSION AND COMMENTS ON THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE COUNTY OF RIVERSIDE REGIONAL DETENTION CENTER PROPOSED IN THE WHITEWATER CANYON:
RECOMMENDATION: 1) Direct staff as appropriate as to the City’s submission of comments with respect to the Environmental Impact Report.

5.B. APPROVING A TOURISM AND MANAGEMENT SERVICES AGREEMENT WITH SMG FOR THE PALM SPRINGS CONVENTION CENTER, BUREAU OF TOURISM AND VISITORS CENTER, PLAZA THEATER AND PALM CANYON THEATER:
RECOMMENDATION: 1) Approve an Agreement with SMG for the management of the Palm Springs Convention Center, the Bureau of Tourism, and additional services related to the Palm Canyon Theater and Plaza Theater; 2) Authorize the City Manager to execute the Agreement. A____.

5.C. CAMPAIGN FINANCE REFORM DISCUSSION AND REPORT FROM THE CITY COUNCIL SUBCOMMITTEE:
RECOMMENDATION: Direct staff as appropriate.

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, Wednesday, February 11, 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. 
 

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