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City Council Meeting

September 2, 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: Rabbi Sally Olins, Temple Isaiah.

ROLL CALL:

PRESENTATIONS:

Sharon Lock, City of Palm Springs representative to the Coachella Valley Mosquito and Vector Control Board, providing an update to the City Council on the District.

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. APPEAL OF KIRVIN SATTERWHITE OF THE HISTORIC SITE PRESERVATION BOARD ISSUANCE OF A STAY OF DEMOLITION OF A SINGLE FAMILY RESIDENCE AT 823 AVENIDA PALOS VERDES (CASE NO. 3.3352):
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, DENYING THE APPEAL OF KIRVIN SATTERWHITE, AND UPHOLDING THE DECISION OF THE HISTORIC SITE PRESERVATION BOARD TO ISSUE A STAY OF DEMOLITION ON THE PROPERTY LOCATED AT 823 AVENIDA PALOS VERDES.”

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 September 2, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of July 15, 2009, July 22, 2009 and the Special Meeting Minutes of August 4, 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 1036441, 1036467, 1036483, 1036493, AND 1036662 THROUGH 1036754 IN THE AGGREGATE AMOUNT OF $947,878.92, 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 7-11-09 BY WARRANTS NUMBERED 414820 THROUGH 414863 TOTALING $57,652.08, LIABILITY CHECKS NUMBERED 1036755 THROUGH 1036775 TOTALING $146,572.15, FIVE WIRE TRANSFERS FOR $281,878.52, AND THREE ELECTRONIC ACH DEBITS OF $1,114,087.58, IN THE AGGREGATE AMOUNT OF $1,600,190.33, 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 1036776 THROUGH 1036945 IN THE AGGREGATE AMOUNT OF $1,306,773.78, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1036946 THROUGH 1037017 IN THE AGGREGATE AMOUNT OF $2,421,315.64, DRAWN ON BANK OF AMERICA;” 5) 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 7-25-09 BY WARRANTS NUMBERED 414864 THROUGH 414906 TOTALING $83,842.42, LIABILITY CHECK NUMBERED 1037018 IN THE AMOUNT OF $75.00, FIVE WIRE TRANSFERS FOR $117,772.28, AND THREE ELECTRONIC ACH DEBITS OF $1,810,569.97, IN THE AGGREGATE AMOUNT OF $2,012,259.67, DRAWN ON BANK OF AMERICA;” 6) 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 1037019 THROUGH 1037114 IN THE AGGREGATE AMOUNT OF $1,211,122.35, DRAWN ON BANK OF AMERICA;” 7) 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 1037115 THROUGH 1037252 IN THE AGGREGATE AMOUNT OF $1,100,912.44, DRAWN ON BANK OF AMERICA;” 8) 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 8-08-09 BY WARRANTS NUMBERED 414907 THROUGH 414948 TOTALING $68,563.79, LIABILITY CHECKS NUMBERED 1037253 THROUGH 1037275 TOTALING $144,055.91, FIVE WIRE TRANSFERS FOR $54,961.72, AND THREE ELECTRONIC ACH DEBITS OF $1,108,466.78, IN THE AGGREGATE AMOUNT OF $1,376,048.20, DRAWN ON BANK OF AMERICA;” and 9) 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 1037276 THROUGH 1037463 IN THE AGGREGATE AMOUNT OF $1,041,053.82, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR JULY, 2009:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period July 1, 2009 through July 31, 2009. 

2.E. ACCEPTANCE OF THE PUBLIC RIGHT-OF-WAY FOR JACARANDA ROAD WITHIN PARCEL MAP 10509:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING RIGHT-OF-WAY FOR A PORTION OF JACARANDA ROAD, IDENTIFIED AS LOT ‘A’ ON PARCEL MAP 10509, RECORDED IN BOOK 51 OF PARCEL MAPS, PAGE 88, WITHIN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST (FILE R 09-12).”

2.F. FINAL TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT MODIFICATION AND RELATED BUDGET AMENDMENT:
RECOMMENDATION: 1) Approve maximum contract amount of $232,297.80 for Agreement No. A4725 with the County of Riverside Department of Transportation for Traffic Signal Maintenance for Fiscal Year 2008-09 and close the Agreement; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10 FOR TRAFFIC SIGNAL MAINTENANCE;” and 3) Authorize the City Manager to execute all necessary documents.” A4725.

2.G. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR CONSTRUCTION OF THE GENE AUTRY TRAIL UINION PACIFIC RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CITY PROJECT NO. 01-04):
RECOMMENDATION: 1) Approve a Cooperative Agreement with Riverside County for the Gene Autry Trail UPRR Bridge Widening Project (City Project No. 01-04); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. ACCEPTANCE OF GRANT FROM THE COACHELLA VALLEY AIR QUALITY ENHANCEMENT TRUST FUND:
RECOMMENDATION: 1) Approve the Grant Award and Authorization Agreement with the County of Riverside; and 2) Authorize the City Manager to execute the Agreement and all necessary documents. A____.

2.I. APPROVE AMENDMENT NO. 1 TO THE NOTICE TO PROCEED WITH VEOLIA WEST OPERATING SERVICES, INC., FOR THE DESIGN PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
RECOMMENDATION: Authorize the Director of Public Works/City Engineer to issue Amendment No. 1 to the Notice to Proceed for Veolia West Operating Services, Inc., for an increased amount of $30,250, total amount of $280,298.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03).

2.J. PROPOSED RESOLUTION AMENDING THE BAIL SCHEDULE FOR PARKING VIOLATIONS TO PROVIDE FOR STATUTORILY-REQUIRED PASS-THRU COSTS ON PARKING VIOLATIONS FOR STATE COURT AND CRIMINAL JUSTICE FACILITIES CONSTRUCTION COSTS (SB1407):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR STATUTORILY-REQUIRED STATE COURT AND CRIMINAL JUSTICE FACILITIES CONSTRUCTION PASS-THRU PARKING PENALTIES, AND AMENDING THE BAIL SCHEDULE.”

2.K. ACCEPT THE RESIGNATION OF MICHAEL STERN FROM THE PUBLIC ARTS COMMISSION:
RECOMMENDATION: Accept with regret the resignation of Michael Stern from the Public Arts Commission for the unexpired term ending June 30, 2010.

2.L. ACCEPT THE RESIGNATION OF REBECCA TERRILL FROM THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Rebecca Terrill from the VillageFest Board for the unexpired term ending June 30, 2010.

2.M. APPOINTMENT OF TWO BOARD MEMBERS TO THE NEWLY CREATION POSITIONS ON THE VILLAGEFEST BOARD:
RECOMMENDATION: Appoint Jill Beede and Sally McManus to the VillageFest Board for the initial term ending June 30, 2011.

2.N. APPROVE A MILLS ACT HISTORIC SITE CONTRACT FOR THE CASABLANCA ADOBE LOCATED AT 590 SOUTH INDIAN TRAIL:
RECOMMENDATION: 1) Approve a Mills Act Agreement with Jeff Trachta and Al Sophianopoulos for the Casablanca Adobe located at 590 South Indian Trail; 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to submitted the executed agreement for recordation. A____.

2.O. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY ITEM FOR FUNDING OF THE FISCAL YEAR 2009-10 LOW AND MODERATE INCOME HOUSING FUND SET-ASIDE:
RECOMMENDATION: [CITY COUNCIL] 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND; and [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND.”

2.P. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 031-N, WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT [CITY PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-5282(031)]:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 031-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $225,000 ($199,000 CMAQ FEDERAL FUNDS / $26,000 GAS TAX FUNDS), FOR THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT, CITY PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-5282(031).” A____.

2.Q. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 027-N, WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FEDERAL-AID FUNDS FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03, FEDERAL-AID PROJECT NO. ESPLE-5282(027):
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 027-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $1,850,000 ($1,850,000 ARRA FEDERAL FUNDS / $0 LOCAL FUNDS), FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03, FEDERAL-AID PROJECT NO. ESPLE-5282(027).” A____.

2.R. UTILITY AGREEMENTS FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
RECOMMENDATION: 1) Approve the State of California, Department of Transportation, Utility Agreement Number 21467 between the City of Palm Springs and Southern California Edison (Distribution) for relocation of electrical distribution facilities for the Indian Canyon Drive / Interstate 10 Interchange Project (City Project 00-14); A____.

2) Approve the State of California, Department of Transportation, Utility Agreement Number 21468 between the City of Palm Springs and Southern California Gas Company for relocation of gas facilities for the Indian Canyon Drive / Interstate 10 Interchange Project (City Project 00-14); A____.

3) Approve the State of California, Department of Transportation, Utility Agreement Number 21471 between the City of Palm Springs and Verizon California, Inc., for relocation of telephone communication facilities for the Indian Canyon Drive / Interstate 10 Interchange Project (City Project 00-14); A____.

4) Approve the State of California, Department of Transportation, Utility Agreement Number 21532 between the City of Palm Springs and Southern California Edison (Transmission) for relocation of electrical transmission facilities for the Indian Canyon Drive / Interstate 10 Interchange Project (City Project 00-14); and A____.

5) Authorize the City Manager to execute all necessary documents.

2.S. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2009:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of June 30, 2009.

2.T. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., FOR FAIR HOUSING SERVICES THROUGH EDUCATIONS, TRAINING/TECHNICAL ASSISTANCE AND ENFORCEMENT:
RECOMMENDATION: 1) Approve an Agreement with Fair Housing Council of Riverside County, Inc., in the amount of $35,646, for fair housing services through education, training/technical assistance and enforcement. A____.

2.U. VICEROY HOTEL CONDITIONAL USE PERMIT UPDATE ON CONDITIONS OF APPROVAL AND DETERMINATION OF COMPLIANCE, LOCATED AT 415 S. BELARDO ROAD (CASE NO. 5.0909-CUP):
RECOMMENDATION: Receive and File. A5878.

2.V. COLLEGE OF THE DESERT DRAFT POLICY ON SUSTAINABILITY STEWARDSHIP:
RECOMMENDATION: Receive and file.

2.W. APPROVE PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE (MCC) PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE (MCC) PROGRAM.”

2.X. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS, (CITY PROJECT 09-06):
RECOMMENDATION: Approve the plans, specifications, and working details, and authorize bidding for the Port Lawrence Temporary Parking Lot Improvements, (City Project 09-06).

2.Y. AWARD OF CONTRACT FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, (CITY PROJECT 06-03), FEDERAL AID PROJECT NO. ESPLE-5282 (027):
RECOMMENDATION: 1) Approve an Agreement with Sierra Landscape Company, in the amount of $1,225,233.75 for Bid Schedule A, Bid Schedule B and Additive Bid Schedule C, for the Gene Autry Trail Gateway Landscape Improvement Project, (City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize the City Manager to execute all necessary documents. A____.

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

3. LEGISLATIVE:

3.A. REVIEW AND DISCUSS A PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 8.80.020, 8.80.030, 8.80.040 AND 8.80.70 RELATIVE TO VACANT BUILDINGS, ESTABLISHING THE STOREFRONT IMPROVEMENT PROGRAM:
RECOMMENDATION: 1) Review the draft proposed ordinance to the Vacant Building Regulations; 2) Direct staff as to revisions to the draft ordinance; and 2) Direct the City Clerk to place the proposed Ordinance on the September 16, 2009, City Council Agenda for introduction.

3.B. PROPOSED ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS OF CITY PARKS AND OUTDOOR PUBLIC PLACES TYPICALLY FREQUENTED BY CHILDREN:
RECOMMENDATION: 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.083 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN CITY PARKS AND OUTDOOR PUBLIC PLACES.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. AMENDMENT NO. 2 TO THE PALM DRIVE/GENE AUTRY TRAIL AT INTERSTATE 10 INTERCHANGE PROJECT REIMBURSEMENT AGREEMENT:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs and the Coachella Valley Association of Governments for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, increasing the total authorized Measure “A” amount by $14,490,240 to a total of $32,667,007 and amending the total project cost to $38,808,720; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct staff as appropriate. A4195.

5.B. AMENDMENT NO. 2 TO THE CVAG REIMBURSEMENT AGREEMENT FOR THE GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO PROJECT (CITY PROJECT NO. 01-04 AND 02-03):
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A4393 with Coachella Valley Association of Governments, for the widening of Gene Autry Trail between Interstate 10 and Vista Chino, increasing the total authorized Measure “A” amount by $1,750,437.93 to a total of $9,625,437.93, for the widening of Gene Autry Trail from Interstate 10 to Vista Chino; 2) Authorize the City Manager to execute all necessary documents. A4393.

5.C. APPROVE THE EXCHANGE OF BOND FOR A RECORDED DEED TO TRUST AS SECURITY FOR COMPLETION OF FUTURE IMPROVEMENTS FOR THE PALERMO AND MURANO PROJECTS:
RECOMMENDATION: 1) Approve the exchange of the posted security bond for a deed of trust as security from P.S. Venture Indian Canyon/San Rafael, LLC, for completion of future improvements for the Palermo Project Tract Map 33561; 2) Approve the exchange of the posted security bond for a deed of trust as security from PS Avenida Caballeros/San Rafael, LLC for completion of future improvements for the Murano Project Tract Map 33933; and 3) Direct the City Clerk to execute Certificates of Acceptance for the Deed of Trust. A5246. A5324.

5.D. 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 Joint Meeting with the Parks and Recreation Commission and a Regular Meeting, Wednesday, September 16, 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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