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City Council Meeting

May 6, 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: Palm Springs Police Honor Guard.

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

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. DESIGNATION OF THE PROPERTY LOCATED AT 300 SOUTH PALM CANYON DRIVE (FORMER SANTA FE FEDERAL SAVINGS AND LOAN) AS A CLASS 1 HISTORIC SITE AND PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP FOR A PROPOSED MIXED USE PROJECT COMPRISED OF A NEW 4-STORY BUILDING, ADAPTIVE REUSE OF AN EXISTING BUILDING, OFF-STREET PARKING AND LANDSCAPING AT 300 SOUTH PALM CANYON DRIVE (SECTION 15, TOWNSHIP 4, RANGE 4) HSPB 54, 5.1137-PDD 335, TTM 35230:
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, ADOPTING A CATEGORICAL EXEMPTION UNDER CEQA SECTION 15331 (PRESERVATION OF A HISTORIC RESOURCE) AND APPROVING THE CLASS 1 HISTORIC DESIGNATION OF THE SANTA FE FEDERAL SAVINGS BANK LOCATED AT 300 SOUTH PALM CANYON DRIVE;” and 3) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR CASE 5.1137-PDD 335, TTM 35230, APPROVING A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP FOR THE BARISTO LOFTS MIXED-USE PROJECT.”

1.B. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY FOR A PROPOSED ORDINANCE AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA, TAHQUITZ-ANDREAS PROJECT AREA, RAMON-BOGIE PROJECT AREA, AND SOUTH PALM CANYON PROJECT AREA:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the ordinance text in its entirety and read by title only; and 3) Introduce for first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA, TAHQUITZ-ANDREAS PROJECT AREA, RAMON-BOGIE PROJECT AREA, AND SOUTH PALM CANYON PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D).”

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 May 6, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of April 15, 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 1034845 THROUGH 1034925 IN THE AGGREGATE AMOUNT OF $513,885.51, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 4-04-09 BY WARRANTS NUMBERED 414529 THROUGH 414567 TOTALING $90,755.64, LIABILITY CHECKS NUMBERED 1034926 THROUGH 1034947 TOTALING $154,862.37, FOUR WIRE TRANSFERS FOR $64,165.30, AND THREE ELECTRONIC ACH DEBITS OF $1,231,312.48, IN THE AGGREGATE AMOUNT OF $1,541,095.79, 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 1034948 THROUGH 1035148 IN THE AGGREGATE AMOUNT OF $2,234,731.29, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 4-18-09 BY WARRANTS NUMBERED 414568 THROUGH 414611 TOTALING $81,637.17, LIABILITY CHECKS NUMBERED 1035254 THROUGH 1035276 TOTALING $155,145.85, FOUR WIRE TRANSFERS FOR $64,425.82, AND THREE ELECTRONIC ACH DEBITS OF $1,153,909.83, IN THE AGGREGATE AMOUNT OF $1,455,118.67, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1035149 THROUGH 1035253 IN THE AGGREGATE AMOUNT OF $268,596.29, DRAWN ON BANK OF AMERICA.”

2.D. TREASURER’S INVESTMENT REPORT AS OF MARCH 31, 2009:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of March 31, 2009. 

2.E. APPROVE AMENDMENT TO THE AGREEMENT WITH ALLEN F. SMOOT & ASSOCIATES FOR OWNERS REPRESENTATIVE PROFESSIONAL SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 5 to Agreement No. A5488 with Allen F. Smoot & Associates for Owners Representative Professional Services; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A5488.

2.F. AWARD PROFESSIONAL SERVICES AGREEMENT TO SOUTHERN CALIFORNIA SOIL AND TESTING, INC., FOR MATERIALS TESTING AND INSPECTION SERVICES FOR THE PALM SPRINGS STORM DRAIN LINE 22, STAGE 2 (CITY PROJECT NO. 07-15):
RECOMMENDATION: 1) Approve an Agreement with California Soil and Testing Inc., in the amount of $32,005 for materials testing and inspection services for the Palm Springs Storm Drain Line 22, Stage 2 (City Project No. 07-15); and 2) Authorize the City Manager to execute the Agreement. A____.

2.G. AWARD PROFESSIONAL SERVICES AGREEMENT TO CNS ENGINEERS, INC., FOR CIVIL ENGINEERING DESIGN SERVICES FOR THE RAMON ROAD WIDENING – SAN LUIS REY DRIVE TO LANDAU BOULEVARD (CITY PROJECT NO. 08-25):
RECOMMENDATION: 1) Approve an Agreement with CNS Engineers, Inc., in the amount of $99,805.99 for professional civil engineering design services for the Ramon Road Widening – San Luis Rey Drive to Landau Boulevard (City Project No. 08-25); and 2) Authorize the City Manager to execute the Agreement. A____. 

2.H. PROPOSED RESOLUTION SUPPORTING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT’S LEGISLATIVE EFFORTS TO OVERTURN THE SUPERIOR COURT RULING RELATIVE TO THE ISSUANCE OF AIR QUALITY PERMITS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING LEGISLATIVE EFFORTS BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) TO OVERTURN THE STATE SUPERIOR COURT RULING RELATIVE TO ISSUANCE OF AIR QUALITY PERMITS.”

2.I. APPROVE AMENDMENT NO. 1 TO THE NOTICE TO PROCEED FOR VEOLIA WATER NORTH AMERICA-WEST, LLC FOR THE FINAL DESIGN PHASE OF THE DIGESTER NO. 1 REHABILITATION (CITY PROJECT NO. 08-09):
RECOMMENDATION: Approve Amendment No. 1 to the December 17, 2009, Notice to Proceed for Veolia Water North America-West, LLC for an increase of $290,626.48, revised total amount of $743,000.14, for the design and bidding phase of Digester No. 1 Rehabilitation (City Project No. 08-09).

2.J. PALM SPRINGS STADIUM RE-ROOFING PROJECT (CITY PROJECT NO 08-23):
RECOMMENDATION: 1) Approve an Agreement with Anemos Enterprises, Inc., in the amount of $27,900, for the Palm Springs Stadium Re-Roofing Project (City Project No. 08-23); and 2) Authorize the City Manager to execute the Agreement. A_____.

2.K. APPROVE ESCALATOR MAINTENANCE AGREEMENT AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: 1) Approve an Agreement with KONE Inc., in the amount of $53,592 for specified preventive maintenance services for the two Airport escalators in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute the Agreement. 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. PROPOSED RESOLUTION APPROVING PALM TREE TRIMMING PROCEDURES AND POLICIES:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PALM TREE TRIMMING POLICY, AND SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING PROCEDURES AND POLICIES;” and 2) Direct staff to solicit bids based on the new trimming policy for City Council consideration on phasing and award of contract.

4.B. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 08-022):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC UTILITY EASEMENTS LOCATED WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 08-022).”

5. NEW BUSINESS:

5.A. PRESENTATION AND DISCUSSION OF THE PRELIMINARY FISCAL YEAR 2009-10 BUDGET AND A REDUCTION IN COMPENSATION FOR THE MAYOR AND CITY COUNCILMEMBERS:
RECOMMENDATION: 1) Receive and file the Preliminary Fiscal Year 2009-10 Budget, pursuant to Palm Springs City Charter Section 902 and direct staff as appropriate; 2) Direct the City Clerk to schedule and notice the Public Hearing with respect to the 2009-10 Budget for June 3, 2009; and 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE PROVISIONS OF PALM SPRINGS MUNICIPAL CODE SECTION 2.04.020 AND 2.04.021 REDUCING THE COMPENSATION OF THE MAYOR AND COUNCILMEMBERS.” 

5.B. CONSIDERATION OF AN AMENDMENT TO THE VILLAGEFEST RULES TO ALLOW BOOK SELLERS:
RECOMMENDATION: Direct staff to taken no action at this time, and uphold the existing VillageFest Rules and Regulations.

5.C. APPROVE A GIFT AGREEMENT FOR THE DONATION OF ARTWORK WITH MARJORIE VICTOR FOR THE SCULPTURE TOGETHER AGAIN BY MARJORIE LOUCHHEIM TO BE PLACED AT 1103 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve a Gift Agreement with Marjorie Victor for the donation of artwork, for the sculpture Together Again in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A____.

5.D. APPROVE THE TRANSFER OF ARTWORK OWNERSHIP TO THE CITY OF PALM SPRINGS AND REIMBURSEMENT OF PUBLIC ART IN-LIEU FEES WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR ARTWORK BY DOUG HYDE, AND THE APPROVAL OF AN AGREEMENT FOR THE PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT WITH LUNDIN DEVELOPMENT COMPANY:
RECOMMENDATION: 1) Approve an Agreement with the Agua Caliente Band of Cahuilla Indians for the transfer of artwork ownership and reimbursement of Public Art In-Lieu Fee, in an amount not-to-exceed $28,049 for the public art fees collected from the Sunrise Place Project; 2) Approve an Agreement with Lundin Development Company and Sunrise Place No. 2 LTD., for the placement of artwork on private property and Grant of Easement; and 3) Authorize the City Manager to execute all necessary documents. A____. A____.

5.E DISCUSSION ON THE RECRUITMENT AND APPOINTMENT OF CITY BOARDS AND COMMISSIONS:
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 an Adjourned Meeting, Wednesday, May 13, 2009, at 6:00 P.M. 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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