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City Council Meeting

July 22, 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. ADJOURNED REGULAR MEETING
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

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. VICEROY HOTEL REVOCATION HEARING, MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT LOCATED AT 415 SOUTH BELARDO ROAD (CASE 5.0909-CUP):
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, MODIFYING A CONDITIONAL USE PERMIT, CASE 5.0909-CUP, DUE TO NON-COMPLIANCE WITH CONDITIONS, FOR THE VICEROY HOTEL AT 415 SOUTH BELARDO ROAD.” 

1.B. DESIGNATION OF THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 55):
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, DESIGNATING THE OASIS COMMERCIAL BUILDING AT 101-121 SOUTH PALM CANYON DRIVE A CLASS ONE HISTORIC SITE (HSPB 55).”

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 July 22, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Regular Meeting Minutes of July 1, 2009, and Special Meeting Minutes of July 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 1036572 THROUGH 1036661 IN THE AGGREGATE AMOUNT OF $1,636,396.67.”

2.D. ADOPTION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009-10:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2010.”

2.E. ANNUAL RESERVATION OF UNAPPROPRIATED FUND BALANCES:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECTS FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2009.”

2.F. AUTHORIZE MOTOROLA RADIO SYSTEM SERVICE AGREEMENTS FOR FISCAL YEAR 2009-10:
RECOMMENDATION: 1) Authorize issuance of purchase orders for service agreements with Motorola to provide emergency repair service for the existing 800 MHz radio system in an amount not to exceed $71,745.96 for Fiscal Year 2009-10; and 2) Authorize the City Manager to execute all necessary documents. 

2.G. AGREEMENT WITH CYCLONE SURFACE CLEANING FOR AIRPORT RUNWAY SURFACE RUBBER REMOVAL FOR A THREE-YEAR PERIOD IN THE AMOUNT OF $30,000:
RECOMMENDATION: 1) Approve an agreement with Cyclone Surface Cleaning for airport runway surface rubber removal for a three-year period in the amount of $30,000; and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A0125 WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT EXTENDING THE TERM ONE-YEAR TO JUNE 30, 2011, AND INCREASING THE RENT TO $5,933.16 PER MONTH EFFECTIVE JULY 1, 2010:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A0125 with Palm Springs Unified School District extending the term one-year to June 30, 2011, and increasing the rent to $5,933.16 per month effective July 1, 2010; and 2) Authorizing the City Manager to execute all necessary documents. A0125. 

2.I. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE No. 1761, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE TO ALLOW THE CITY MANAGER TO SUSPEND CERTAIN REGULATORY ORDINANCES FOR SPECIAL EVENTS OF BENEFIT TO THE COMMUNITY AND ITS VISITOR ORIENTED ECONOMY:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1761, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 6.12.030 AND 6.12.040 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SUSPENSION OF REGULATORY ORDINANCES.” 

2.J. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE No. 1762, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO SEVEN MEMBERS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1762, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.22.010 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO SEVEN MEMBERS.”

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

3. LEGISLATIVE: 

3.A. ADDING A MEASURE TO THE NOVEMBER 3, 2009, GENERAL MUNICIPAL ELECTION, REDUCING THE TELEPHONE USERS’ TAX, MODERNIZING AND UPDATING THE TELEPHONE USERS’ TAX PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE, ELIMINATING THE CURRENT EMERGENCY RESPONSE FEE, AND ADOPTING AN ACCESS LINE TAX IN LIEU OF AND IN AMOUNT EQUAL TO THE CURRENT EMERGENCY RESPONSE FEE:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE REDUCING THE TELEPHONE USERS’ TAX, MODERNIZING AND UPDATING THE TELEPHONE USERS’ TAX PROVISIONS OF THE PALM SPRINGS MUNICIPAL CODE, AND ELIMINATING THE CURRENT EMERGENCY RESPONSE FEE AND ADOPT AN ACCESS LINE TAX IN LIEU OF AND IN AN AMOUNT EQUAL TO THE EMERGENCY RESPONSE FEE, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, AS CALLED BY RESOLUTION No. 22490;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 3, 2009, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”

4. UNFINISHED BUSINESS: 

4.A. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE SAN LORENZO SHOULDER PAVING PROJECT, CP 08-05:
RECOMMENDATION: 1) Approve the plans, specifications, and working details for the San Lorenzo Shoulder Paving Project, CP 08-05; and 2) Authorize the bid process.

4.B. REVIEW THE DESIGN OF THE AMINAL SHELTER:
RECOMMENDATION: Direct staff as appropriate.


5. NEW BUSINESS:

5.A. AMENDMENT NO. 4 TO AGREEMENT NO. A4727 WITH PALM SPRINGS DISPOSAL SERVICES FOR SOLID WASTE MANAGEMENT:
RECOMMENDATION:
1) Approve Amendment No. 4 to the solid waste management agreement with Palm Springs Disposal Services and the revised Exhibit M; and 2) Authorize the City Manager to execute the appropriate documents. A4727.

5.B. THE CHARLES COMPANY (THE SPRINGS) REQUEST FOR MINOR AMENDMENTS TO THE PREVIOUSLY APPROVED SIGN DISTRICT, AT 5200 EAST RAMON ROAD (CASE 5.0984 PD 291-A):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MINOR AMENDMENTS TO THE SIGN DISTRICT LOCATED AT 5200 EAST RAMON ROAD.”

5.C. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR APPROVAL OF THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE, FROM THE FAMILY YMCA OF THE DESERT, IN THE AMOUNT OF $403,293 AND A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE DESERT FOR THE PROPERTY IN THE AMOUNT OF $1.00 PER YEAR FOR A TEN-YEAR PERIOD:
RECOMMENDATION: [City Council] 1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING FINDINGS REGARDING THE NEED FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE TO BENEFIT MERGED PROJECT AREA NO. 1, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445;” [Community Redevelopment Agency] 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 3601 EAST MESQUITE AVENUE TO BENEFIT MERGED PROJECT AREA NO. 1;” 3) Approve an agreement between the Community Redevelopment Agency of the City of Palm Springs and Family YMCA of the Desert for the purchase of real property located at 3601 East Mesquite Avenue in the amount of $403,293; 4) Approve a Promissory Note between the Community Redevelopment Agency and Family YMCA of the Desert in the principal sum of $200,000; 5) Approve a lease agreement between the Community Redevelopment Agency of the City of Palm Springs and Family YMCA of the Desert for a ten-year period with one one-year option for $1.00 per year; and 6) Authorize the Executive Director to execute all necessary documents. A____. 

5.D. PALM SPRINGS POWER REQUEST FOR AN EXEMPTION AND/OR CONTRACT AMENDMENT TO BE RELIEVED OF CPI INCREASE FOR USE OF THE PALM SPRINGS STADIUM:
RECOMMENDATION: Consider waiver to maintain current facility rental rate for the balance of the agreement expiring at the end of the Power season.

5.E. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2009 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION: Appoint members to various Commissions and Boards as part of the 2009 Annual Recruitment of Boards and Commissions.

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, September 2, 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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