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City Council Meeting

May 27, 2009

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
SUSTAINABILITY COMMISSION
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 STUDY SESSION

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.

STUDY SESSION:

1.A. JOINT MEETING WITH THE SUSTAINABILITY COMMISSION AND PUBLIC DISCUSSION ON THE CITY OF PALM SPRINGS SUSTAINABILITY MASTER PLAN:
RECOMMENDATION: 1) Receive public comments; and 2) Direct staff as appropriate.

The Sustainability Commission will adjourn and the City Council will continue.

CITY COUNCIL ADJOURNED REGULAR MEETING

1. PUBLIC HEARING 

1.B. 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 Public Hearing to a future date with no public testimony; and 2) Direct the City Clerk to re-notice.

1.C. COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2009–10 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT AND CDBG–RECOVERY BUDGET APPROVAL; AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT IN THE AMOUNT OF $135,800, FOR THE FISCAL YEAR 2009–10, COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM:
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, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2009–10 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT – RECOVERY BUDGET; AUTHORIZING THE SUBMITTAL OF THE AMENDMENT AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT;” 3) Authorize the City Manager to execute the Agreement with the United States Department of Housing and Urban Development;” and 4) Authorize the following City Departments’ Memoranda of Understanding in a form acceptable to the City Attorney and authorize the City Manger to execute all necessary documents: A____.

City of Palm Springs Department of Parks & Recreation
JOJ Desert Highland Unity Center Energy-Efficient Improvements
$62,220 A____

City of Palm Springs Department of Parks & Recreation
JOJ Desert Highland Unity Center Fencing & Tot-Lot Playground
$60,000 A____

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 27, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of May 6, 2009, and May 13, 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 1035401 THROUGH 1035473 IN THE AGGREGATE AMOUNT OF $677,146.16, 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 5-02-09 BY WARRANTS NUMBERED 414612 THROUGH 414652 TOTALING $90,027.67, LIABILITY CHECKS NUMBERED 1035474 THROUGH 1035496 TOTALING $154,753.78, FOUR WIRE TRANSFERS FOR $64,102.32, AND THREE ELECTRONIC ACH DEBITS OF $1,196,960.69, IN THE AGGREGATE AMOUNT OF $1,505,844.46, 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 1035497 THROUGH 1035657 IN THE AGGREGATE AMOUNT OF $820,963.10, DRAWN ON BANK OF AMERICA.” 

2.D. ACCEPT WITH REGRET THE RESIGNATION OF ELIZABETH GOBBLE FROM THE PARKS & RECREATION COMMISSION FOR THE TERM ENDING JUNE 30, 2010:
RECOMMENDATION: 1) Accept the resignation of Elizabeth Gobble; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010; and 3) Direct the City Clerk to fill the vacancy as part of the 2009 Annual Recruitment of Commissions and Boards.


2.E. ACCEPT WITH REGRET THE RESIGNATION OF WILLIAM BUTLER FROM THE PUBLIC ARTS COMMISSION FOR THE TERM ENDING JUNE 30, 2009:
RECOMMENDATION: 1) Accept the resignation of William Butler; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2009; and 3) Direct the City Clerk to fill the vacancy as part of the 2009 Annual Recruitment of Commissions and Boards.

2.F. ACCEPT WITH REGRET THE RESIGNATION OF STEVEN HERNANDEZ, CITY OF COACHELLA REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION:
RECOMMENDATION: 1) Accept the resignation of Steven Hernandez; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending December 31, 2009.

2.G. SECOND AMENDMENT TO AGREEMENT NUMBER A5097 WITH LAMAR CENTRAL OUTDOOR, LLC, FOR THE RELOCATION OF FOUR ADDITIONAL OUTDOOR ADVERTISING DISPLAYS FROM HIGHWAY 111 TO INTERSTATE 10:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5097 with Lamar Central Outdoor, LLC for the relocation of four (4) additional outdoor advertising displays from Highway 111 to Interstate 10; and 2) Authorize the City Manager to execute all necessary documents. A5097. 

2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1760, 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: Waive further reading and adopt Ordinance No. 1760, “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).” 

2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID THE BARISTO ROAD AT PALM SPRINGS HIGH SCHOOL TRAFFIC SIGNAL INSTALLATION, CP 07-13:
RECOMMENDATION: Approve the plans, specifications, and working details, and authorize bidding for the Baristo Road at Palm Springs High School Traffic Signal Installation Project, CP 07-13.

2.J APPROVING TERMS OF AN AMENDMENT TO THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT RELATING TO THE MEMBERSHIP OF THE HOSPITALITY INDUSTRY AND BUSINESS COUNCIL:
RECOMMENDATION: 1) Approve terms of Amendment No. 2 to Agreement No. A2660 with the Palm Springs Desert Resort Communities Convention and Visitors Authority Joint Powers Agreement; and 2) Authorize the City Manager to execute all documents related to this amendment in a form approved by the City Attorney. A2660.

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

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

RA. COMMUNITY REDEVELOPMENT AGENCY:

RA1. AWARD OF CONTRACT FOR THE SOUTH PALM CANYON DRIVE WIDENING, CITY PROJECT NO. 05-03:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT IN THE AMOUNT OF $591,533.18 WITH G&M CONSTRUCTION FOR THE SOUTH PALM CANYON DRIVE WIDENING, CP 05-03;” and 2) Authorize the Assistant Executive Director or his designee to execute all necessary documents. A____.

The Community Redevelopment Agency will adjourn and the City Council will convene.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

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

5. NEW BUSINESS:

5.A. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, CP 87-49:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, CP 87-49.” 

5.B. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2009 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
RECOMMENDATION: 1) Direct the City Clerk to provide for the City Council as a whole, to participate in the screening and interview of Applicants for the Planning Commission and the Historic Site Preservation Board; and 2) Appoint two-member City Council Subcommittees to screen and interview Applicants for the following Commission and Boards:

Administrative Appeals Board
Airport Commission
Public Arts Commission
Human Rights Commission
Rent Review Commission
Library Board of Trustees
Sustainability Commission
Parks and Recreation Commission
VillageFest Board

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, June 3, 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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