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City Council Meeting

September 16, 2009

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
PARKS AND RECREATION 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.

3:00 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

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color 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. JOINT MEETING OF THE CITY COUNCIL AND THE PARKS AND RECREATION COMMISSION:

1.A. PARKS AND RECREATION COMMISSION REPORT ON RECENT ACCOMPLISHMENTS, DISCUSS GOALS AND UPCOMING PROJECTS, AND THE PARKS AND RECREATION MASTER PLAN:
RECOMMENDATION: 1) Accept public comment on matters of the City Council and the Parks and Recreation Commission; and 2) Direct the Commission and staff as appropriate.

The Parks and Recreation Commission will adjourn.

1. PUBLIC HEARINGS:

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) The City Council closed the public testimony on July 22, 2009; 2) Continue the City Council deliberations to October 7, 2009; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing.

1.C. VACATION OF A PORTION OF RIGHT-OF-WAY FOR DESERT WAY AT THE SOUTHWEST CORNER OF RAMON ROAD, FILE R 09-01:
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, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR DESERT WAY AT THE SOUTHWEST CORNER OF RAMON ROAD, SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 09-01.”

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 16, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of September 2, 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 CLAIM AND DEMAND BY WARRANT NUMBERED 1037464 IN THE AMOUNT OF $5,000.00, 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 8-22-09 BY WARRANTS NUMBERED 414949 THROUGH 414990 TOTALING $55,989.06, LIABILITY CHECKS NUMBERED 1037465 THROUGH 1037485 TOTALING $142,927.32, FIVE WIRE TRANSFERS FOR $53,204.68, AND THREE ELECTRONIC ACH DEBITS OF $1,070,947.22, IN THE AGGREGATE AMOUNT OF $1,323,068.28, 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 1037486 THROUGH 1037556 IN THE AGGREGATE AMOUNT OF $1,075,591.19, DRAWN ON BANK OF AMERICA;” and 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 1037557 THROUGH 1037656 IN THE AGGREGATE AMOUNT OF $850,320.14, DRAWN ON BANK OF AMERICA.”

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

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

2.F. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
RECOMMENDATION: Receive and file the California Health and Safety Code Section 33130 Project Area Property Disclosures for: 1) Planning Commissioner Doug Hudson [disclosing interests at 400 North Palm Canyon Drive “Port Lawrence”]; and 2) Leslie Munger [no reportable interests].

2.G. AWARD OF CONSTRUCTION CONTRACT FOR THE JACKIE LEE HOUSTON PLAZA PROJECT, CP 08-18:
RECOMMENDATION: 1) Award the contract to the lowest responsive bidder for the Jackie Lee Houston Plaza Project, CP 08-18; 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 THE CONSTRUCTION OF THE JACKIE LEE HOUSTON PLAZA PROJECT, CP 08-18;” and 3) Authorize the City Manager to execute all necessary documents. A____.

2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF PALM DESERT TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2012:
RECOMMENDATION: Reappoint Rolf Hoehn, as the City of Palm Desert representative, to the Palm Springs International Airport Commission for the term ending June 30, 2012.

2.I. LICENSE AGREEMENT WITH U.S. ENTERPRISES FOR OFFICE SPACE IN THE AIRPORT TERMINAL FROM SEPTEMBER 16, 2009, THROUGH OCTOBER 31, 2014:
RECOMMENDATION: 1) Approve a Real Property License Agreement with U.S. Enterprises, Inc., doing business as Corey Airport Services, effective September 16, 2009, through October 31, 2014, for an onsite advertising office at the rate of $440.00 per month; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. APPROVAL OF A LAND LEASE WITH U.S. DEPARTMENT OF TRANSPORTATION EFFECTIVE MARCH 1, 2010 THROUGH SEPTEMBER 30, 2050, FOR THE PROPOSED NEW AIR TRAFFIC CONTROL TOWER:
RECOMMENDATION: 1) Approve Agreement No. DTFAWP-09-L-00028 with the U.S. Department of Transportation effective March 1, 2010, through September 30, 2050, with no monetary consideration, Land Lease on-Airport, for the purpose of a new Air Traffic Control Tower at Palm Springs International Airport; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.K. CONSTRUCTION COOPERATIVE AGREEMENT RELATED TO THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT, CP 00-14:
RECOMMENDATION: 1) Approve a Construction Cooperative Agreement between the State of California Department of Transportation (“Caltrans”), the City of Palm Springs, and the County of Riverside related to the Indian Canyon Drive at Interstate 10 Interchange Project, CP 00-14; 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. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF A STOREFRONT IMPROVEMENT PROGRAM FOR VACANT BUILDINGS:
RECOMMENDATION: 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 8.80.020 AND 8.80.040 OF, AND AMENDING SUBSECTION (a) OF SECTION 8.80.030 AND SUBSECTION (b OF SECTION 8.80.070 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A STOREFRONT IMPROVEMENT PROGRAM FOR VACANT BUILDINGS.”

4. UNFINISHED BUSINESS:

4.A. ACCEPTANCE OF $1,689,840 IN FEDERAL GRANT FUNDS, OVER A THREE YEAR PERIOD, UNDER THE 2009 COMMUNITY ORIENTED POLICING HIRING RECOVERY PROGRAM:
RECOMMENDATION: 1) Accept the 2009 CHRP grant award in the amount of $1,689,840 from the United States Department of Justice Office of Community Oriented Police (COPS); and 2) Authorize the City Manager, execute any necessary documents. A____.

5. NEW BUSINESS:

5.A. APPOINTMENT OF A PARKS MASTER PLAN CITY COUNCIL SUBCOMMITTEE:
RECOMMENDATION: Appoint two-members of the City Council to the Parks Master Plan City Council Subcommittee.

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, October 7, 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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