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City Council Meeting

October 7, 2009

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
PUBLIC ARTS 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.

4:00 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 REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Duane Cox, Retired Religious Science Minister.

ROLL CALL:

1. JOINT MEETING WITH THE PUBLIC ARTS COMMISSION (6:00 TO 6:45 PM):

1.A. PUBLIC ARTS COMMISSION REPORT ON RECENT ACCOMPLISHMENTS, DISCUSSION OF GOALS AND UPCOMING PROJECTS:
RECOMMENDATION: 1) Receive Public Comment on matters of the City Council and Public Arts Commission; and 2) Direct staff and the Commission as appropriate.

The Public Arts Commission will adjourn.

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.B. ROYAL STREET COMMUNICATIONS CALIFORNIA LLC. CONDITIONAL USE PERMIT AND VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR THE INSTALLATION OF A FORTY-FIVE FOOT COMMERCIAL COMMUNICATION ANTENNA AT 4733 EAST PALM CANYON DRIVE, ZONE W-C-D-N (CASE NO. 5.1227 AND 6.517VAR):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND VARIANCE TO ROYAL STREET COMMUNICATIONS CALIFORNIA LLC. TO INSTALL A FORTY-FIVE FOOT WIRELESS COMMUNICATION ANTENNA AT 4733 EAST PALM CANYON DRIVE (CASE NO. 5.1227 AND 6.517VAR).”

1.C. ROYAL STREET COMMUNICATIONS CALIFORNIA LLC. CONDITIONAL USE PERMIT AND VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR THE INSTALLATION OF A FIFTY-FIVE FOOT COMMERCIAL COMMUNICATION ANTENNA AT 2101 SAHARA ROAD, ZONE P (CASE NO. 5.1226 AND 6.513):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND VARIANCE TO ROYAL STREET COMMUNICATIONS CALIFORNIA LLC. TO INSTALL A FIFTY-FIVE FOOT WIRELESS COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AT 2101 SAHARA ROAD (CASE NO. 5.1226 AND 6.513).”

1.D. 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 November 4, 2009; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing.

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 October 7, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of September 16, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 9-05-09 BY WARRANTS NUMBERED 414991 THROUGH 415036 TOTALING $58,777.67, LIABILITY CHECKS NUMBERED 1037657 THROUGH 1037677 TOTALING $142,948.88, FIVE WIRE TRANSFERS FOR $52,983.67, AND THREE ELECTRONIC ACH DEBITS OF $1,102,706.84, IN THE AGGREGATE AMOUNT OF $1,357,417.06, DRAWN ON BANK OF AMERICA;” and 2) 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 1037678 THROUGH 1037738 IN THE AGGREGATE AMOUNT OF $212,770.63, 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 1037739 THROUGH 1037873 IN THE AGGREGATE AMOUNT OF $1,509,754.80, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 9-19-09 BY WARRANTS NUMBERED 415037 THROUGH 415071 TOTALING $54,466.92, LIABILITY CHECKS NUMBERED 1037874 THROUGH 1037894 TOTALING $142,664.64, FIVE WIRE TRANSFERS FOR $52,854.49, AND THREE ELECTRONIC ACH DEBITS OF $1,072,532.52, IN THE AGGREGATE AMOUNT OF $1,322,518.57, DRAWN ON BANK OF AMERICA;” and 5) 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 1037895 THROUGH 1038038 IN THE AGGREGATE AMOUNT OF $531,052.48, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1763, RELATING TO THE ESTABLISHMENT OF A STOREFRONT IMPROVEMENT PROGRAM FOR VACANT BUILDINGS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1763, “"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.”

2.E. ACCEPT THE RESIGNATION OF PAUL LEWIN FROM THE SUSTAINABILITY COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2012:
RECOMMENDATION: 1) Accept with regret the resignation of Paul Lewin from the Sustainability Commission for the unexpired term ending June 30, 2012; and 2) Direct the City Clerk to post a Notice of Vacancy.

2.F. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING ADDITIONAL FUNDING FOR THE FACADE IMPROVEMENT PROGRAM FOR THE DOWNTOWN AND UPTOWN AREAS:
RECOMMENDATION: 1) Approve an additional $50,000 funding for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program.

2.G. AWARD PURCHASE OF ONE (1) 2010 INTERNATIONAL DURASTAR #4400 300-HP HEAVY DUTY TRUCK FOR URBAN SEARCH & RESCUE PROGRAM UTILIZING CALIFORNIA DEPARTMENT OF HOMELAND SECURITY GRANT FUNDS:
RECOMMENDATION: 1) Approve a cooperative purchase with Riverside County for one (1) 2010 International Durastar #4400, 300-HP heavy duty truck from Westrux International, Inc. located in Colton, CA in the amount of $91,938.20; and 2) Authorize the City Manager to execute all necessary documents.

2.H. APPROVE THE PURCHASE OF A 35 FOOT SAFETY EDUCATION TRAILER WITH EARTHQUAKE AND EXTREME WEATHER SIMULATION PACKAGE:
RECOMMENDATION: 1) Approve the purchase of one (1) new 2010 35’ Fire Safety Education Trailer with an earthquake simulation package from Mobile Concepts by Scottie in the amount of $65,014.63; and 2) Authorize the City Manager to execute all necessary documents.

2.I. AWARD IMPROVEMENT CONTRACT AND LICENSE AGREEMENT FOR THE PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS (CITY PROJECT NO. 09-06):
RECOMMENDATION: 1) Approve a License Agreement with Palm Springs, LLC, a Delaware limited liability company; 2) Approve a construction contract with the lowest responsible bidder; and 3) Authorize the City Manager to execute all necessary documents. A____. A____.

2.J. REQUEST FROM MIZELL SENIOR CENTER TO MODIFY CITY REGULATIONS WITH RESPECT TO THE CONDUCT OF BINGO (PSMC CHAPTER 11.13):
RECOMMENDATION: Receive and File the request from the Mizell Senior Center to modify City regulations with respect to Bingo.

2.K. APPROVING A DONATION, NAMING AND COMMEMORATIVE MEMORIAL PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DONATION, NAMING AND COMMEMORATIVE MEMORIAL PROGRAM AND POLICY FOR NAMING CITY FACILITIES AND PROPERTY.”

2.L. PROPOSED RESOLUTION IN SUPPORT OF THE PLUG-IN PARTNERS NATIONAL CAMPAIGN:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DEMONSTRATING A COMMITMENT TO SUPPORT FEDERAL, STATE AND LOCAL POLICIES THAT WILL ADVANCE FLEXIBLE-FUEL PLUG-IN HYBRID ELECTRIC VEHICLES.”

2.M. TREASURER’S INVESTMENT REPORT AS OF AUGUST 31, 2009:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of August 31, 2009.

2.N. AMENDMENT NO. 1 TO THE FISCAL YEAR 2009-10 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 2009-10, ADOPTED BY RESOLUTION NO. 22530.”

2.O. STAFF AUTHORIZED AGREEMENTS FOR SEPTEMBER 1 THROUGH SEPTEMBER 30, 2009:
RECOMMENDATION: Receive and File the staff authorized agreements covering the period September 1 through September 30, 2009.

2.P. ACCEPTANCE OF THE ENERGY-EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) FROM THE UNITED STATES DEPARTMENT OF ENERGY UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009:
RECOMMENDATION: 1) Approve and accept the United States Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy-Efficiency and Conservation Block Grant in the amount of $225,600 (Award No. DE-EE002156); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.Q. APPROVE THE TEMPORARY WAIVER OF BUILDING PERMIT FEES FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS POOL PUMP REBATE AND FEE WAIVER PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY WAIVING CERTAIN BUILDING FEES FOR THE HIGH EFFICIENCY POOL PUMP REPLACEMENT PROGRAM ADMINISTERED BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG).”

2.R. APPROVAL OF SUPPLEMENTAL SPACE USE AGREEMENTS FOR THE PARADIES SHOPS, LLC, AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION: 1) Approve a Supplemental Office Space Use Agreement with The Paradies Shops, LLC, for a 140 square foot office space, effective October 20, 2009 through October 31, 2012, at $300.88 per month; 2) Approve a Supplemental Storage Space Use Agreement with the Paradies Shops, LLC, for a 304 square foot storage space, effective November 1, 2009 through October 31, 2012, at $508.19 per month; and 3) Authorize the City Manager to execute the Agreements. A____. A____.

2.S. AMENDMENT NO. 1 TO AGREEMENT NO. A5631 NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH THE UNITED SERVICE ORGANIZATION (USO) – GREATER LOS ANGELES AREA, INC., FOR AN ADDITIONAL 114 SQUARE FEET AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5631 with the United Service Organization – Greater Los Angeles Area, Inc., Non-Exclusive Operating and Lease Agreement, for 114 square feet, at no additional cost, effective November 1, 2009 through October 31, 2011; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A5631.

2.T. APPROVE AN AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS:
RECOMMENDATION: 1) Approve an Agreement with the Palm Springs Unified School District to provide a full time police officer at the Palm Springs High School campus including the Ramon Academy, for one year expiring at the end of school year 2010; and 2) Authorize the City Manager to execute the Agreement. A5553.

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. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING A LEASE AGREEMENT WITH VERIZON WIRELESS FOR A NON-EXCLUSIVE USE OF FLOOR SPACE ON THE TOP DECK OF THE CITY-OWNED PARKING STRUCTURE LOCATED AT 295 SOUTH INDIAN CANYON DRIVE:
RECOMMENDATION: 1) Approve a Lease Agreement with Verizon Wireless and the Community Redevelopment Agency for the non-exclusive use of the City-owned parking structure to provide floor, rooftop, antenna, and cabling space on the top deck of the parking structure. A____.

5. NEW BUSINESS:

5.A. FIRST QUARTER FISCAL YEAR 2009-10 BUDGET UPDATE AND REVIEW OF CITY COUNCIL GOALS AND PRIORITIES ESTABLISHED MARCH, 2008:
RECOMMENDATION: Direct staff as appropriate.

5.B. PROPOSED RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH:
RECOMMENDATION: 1) Adopt Resolution No. _______ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;” and 2) Authorize the City Manager, Director of Finance and Treasurer, City Attorney, and City Clerk to execute all necessary documents subject to final review and approval by the City Attorney.

5.C. CITY COUNCIL APPOINTMENTS TO THE CITY COUNCIL SUBCOMMITTEE ON SUSTAINABILITY:
RECOMMENDATION: Appoint two members of the City Council to the City Council Subcommittee on Sustainability.

5.D. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION:
RECOMMENDATION: 1) Appoint one-member to the Parks and Recreation Commission for the un-expired term ending June 30, 2012; and 2) Appoint one-member to the Parks and Recreation Commission for the un-expired term ending June 30, 2010.

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 Tribal Council of the Agua Caliente Band of Cahuilla Indians, Wednesday, October 28, 2009, at 5:30 P.M. Spa Hotel and Resort, Cahuilla Room, 100 North Indian Canyon Drive, Palm Springs.

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