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City Council Meeting

May 13, 2009

CITY COUNCIL
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:

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. JOINT MEETING WITH THE SUSTAINABILITY COMMISSION AND PUBLIC DISCUSSION ON THE CITY OF PALM SPRINGS SUSTAINABILITY MASTER PLAN AND CITY COUNCIL PUBLIC HEARING APPROVING THE PALM SPRINGS ENERGY EFFICIENCY PROGRAM AND THE REPORT PREPARED BY THE AUTHORIZED OFFICER, ESTABLISHING A CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE (AB811) ENERGY IMPROVEMENTS, AND CONFIRMING ASSESSMENTS TO BE LEVIED:
RECOMMENDATION: 1) Continue the Joint Meeting and the Public Hearing to May 27, 2009 with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. 

1.B. PROPOSED DRAFT SPECIFIC PLAN (GENERAL PLAN AND ZONING TEXT AMENDMENTS) FOR MUSEUM MARKET PLAZA (CASE 5.1204) TO ALLOW UP TO 955 HIGH-DENSITY RESIDENTIAL UNITS, UP TO 400,000 SQUARE FEET OF COMMERCIAL RETAIL AND OFFICE SPACE, AND UP TO 620 HOTEL ROOMS LOCATED AT THE NORTHWEST CORNER OF N. PALM CANYON DRIVE AND TAHQUITZ CANYON WAY, AND OTHER NEARBY PROPERTIES:
RECOMMENDATION: 1) The public testimony portion of the public hearing was closed on April 1, 2009; 2) Direct staff to prepare appropriate modifications to the draft Museum Market Plaza Specific Plan.

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 13, 2009, City Council Agenda. 

2.B. AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH BARTLE WELLS ASSOCIATES FOR A WASTEWATER RATE STUDY:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5572 with Bartle Wells Associates in the amount of $33,000 for a total revised contract amount of $38,000 for wastewater rate study services; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A5572.

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 1035277 THROUGH 1035400 IN THE AGGREGATE AMOUNT OF $2,228,193.57, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR APRIL, 2009:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period April 1, 2009 through April 30, 2009. 

2.E. LA SERENA VILLAS DESIGNATION OF THE PROPERTY LOCATED AT 339 SOUTH BELARDO ROAD AN HISTORIC SITE (CASE HSPB-69):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE ‘LA SERENA VILLAS’ LOCATED AT 339 SOUTH BELARDO ROAD A CLASS 1 HISTORIC SITE.” 

2.F. WEST FACADE OF THE PALM SPRINGS INTERNATIONAL AIRPORT DESIGNATION OF A PORTION OF THE PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY AS A CLASS 1 HISTORIC SITE (CASE HSBP-70):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE WEST FACADE OF THE PALM SPRINGS INTERNATIONAL AIRPORT LOCATED AT 3400 EAST TAHQUITZ CANYON WAY AS A CLASS 1 HISTORIC SITE.”

2.G. APPROVAL OF QUITCLAIM DEEDS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RELATED TO PALM SPRINGS MASTER DRAINAGE PLAN LINES 31 AND 32, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 09-04:
RECOMMENDATION: 1) Approve the transfer to Storm Drain Easements for RCFC Parcel No. 6184-500 and RCFC Parcel No. 6185-500 within the Palm Springs Classic (Escena) Development to Riverside County Flood Control and Water Conservation District; and 2) Authorize the City Manager to execute the Quitclaim Deeds. 

2.H. SUMMARY VACATION OF A 30-FOOT WIDE PUBLIC ROADWAY EASEMENT IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST (FILE R 09-06):
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 A 30-FOOT WIDE PUBLIC ROADWAY EASEMENT DESCRIBED IN INSTRUMENT RECORDED DECEMBER 4, 1953, BOOK 1532, PAGE 136, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST, FILE R 09-06.” 

2.I. APPROVE PURCHASE OF 1 NEW CNG POWERED KENWORTH T-800 10 YARD DUMP TRUCK FOR USE BY THE PUBLIC WORKS DEPARTMENT:
RECOMMENDATION: 1) Approve the purchase of one (1) CNG powered new Kenworth T-800 10 yard dump truck in the amount of $292,460.63 from Inland Kenworth Inc., of Montebello, California; 2) Authorize the City Manager to execute all necessary documents.

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. CONTINUED DISCUSSION FISCAL YEAR 2009-10 PRELIMINARY BUDGET:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. AMENDMENT NO. 1 TO THE FISCAL YEAR 2008-09 ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2008-09, ADOPTED BY RESOLUTION 22264.”

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 Regular Meeting, Wednesday, May 27, 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. The City Council will not hold a meeting on Wednesday, May 20, 2009.

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