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Palm Springs City Council Meeting

Wednesday, December 16, 2009

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
AIRPORT COMMISSION
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA

Steve Pougnet, Mayor
Rick Hutcheson, Mayor Pro Tem
Ginny Foat, Councilmember
Chris Mills, 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 and the Palm Springs Library. 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 (Council Chamber):

PUBLIC COMMENT (Council Chamber): 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 (Small Conference Room): See Closed Session Agenda.


6:00 P.M. CITY COUNCIL REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries.

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.

JOINT MEETING OF THE CITY COUNCIL AND THE AIRPORT COMMISSION
(6:00 P.M. TO 7:00 P.M.)

1.A. AIRPORT COMMISSION REPORT ON RECENT ACCOMPLISHMENTS, DISCUSS GOALS AND UPCOMING PROJECTS: 
RECOMMENDATION: 1) Accept public comment on matters of the City Council and the Airport Commission; and 2) Direct the Commission and staff as appropriate.

The Airport Commission will adjourn.

1. PUBLIC HEARINGS: 

1.B. COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING, ADOPTION OF THE FIVE YEAR IMPLEMENTATION PLAN AND UPDATE TEN YEAR HOUSING COMPLIANCE PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NOS. 1 AND 2:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND APPROVING A FIVE YEAR IMPLEMENTATION PLAN AND UPDATED TEN YEAR HOUSING COMPLIANCE PLAN FOR THE PALM SPRINGS MERGED REDEVELOPMENT PROJECT AREA NOS. 1 AND 2.”

1.C. REVIEW AND EVALUATION OF APPLICATIONS UNDER CHAPTER 93.22.00 (MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE SPECIAL STANDARDS):
RECOMMENDATION:
1) The City Council closed public testimony on December 2, 2009, and designated six applicants to submit supplemental information for the City Council’s final determination; 2) Deny the applications of Palm Springs Compassionate Care and the Farmacy Collective; 3) Direct staff regarding the scope of any zoning text amendments the City Council wishes to consider; and 4) Continue the consideration and discussion of all other Applicants.

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 December 16, 2009, City Council Agenda.

2.B. ACCEPT THE RESIGNATION OF KENNETH GREGORY FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION:
RECOMMENDATION:
1) Accept with regret the resignation of Kenneth Gregory; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011. 

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 11-14-09 BY WARRANTS NUMBERED 415186 THROUGH 415222 TOTALING $60,330.01, LIABILITY CHECKS NUMBERED 1038949 THROUGH 1038971 TOTALING $141,574.10, FIVE WIRE TRANSFERS FOR $54,711.61, AND THREE ELECTRONIC ACH DEBITS OF $1,111,495.76, IN THE AGGREGATE AMOUNT OF $1,368,111.48, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1038972 THROUGH 1039031 IN THE AGGREGATE AMOUNT OF $695,123.36, 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 1039032 THROUGH 1039149 IN THE AGGREGATE AMOUNT OF $193,766.36, 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 11-28-09 BY WARRANTS NUMBERED 415223 THROUGH 415260 TOTALING $101,167.42, LIABILITY CHECKS NUMBERED 1039150 THROUGH 1039170 TOTALING $143,637.45, FIVE WIRE TRANSFERS FOR $83,905.38, AND THREE ELECTRONIC ACH DEBITS OF $1,543,069.08, IN THE AGGREGATE AMOUNT OF $1,871,779.33, 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 1039171 THROUGH 1039271 IN THE AGGREGATE AMOUNT OF $1,734,528.88, DRAWN ON BANK OF AMERICA.” 

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

2.E. MEMORANDUM OF UNDERSTANDING WITH PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD JULY 1, 2009, THROUGH JUNE 30, 2011 AND RELATED AMENDMENT TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION:
1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA), FOR THE PERIOD JULY 1, 2009 THROUGH JUNE 30, 2011, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2009-10, ADOPTED BY RESOLUTION 22530;” and 3) Authorize the City Manager to execute the Memorandum of Understanding. A5428. 

2.F. AMENDMENT NO. 3 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. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2009-10, ADOPTED BY RESOLUTION 22530.” 

2.G. AMENDMENT NO. 7 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES, FOR OWNER REPRESENTATIVE SERVICES, FOR THE ANIMAL SHELTER PROJECT, THE JC FREY BUILDING REFURBISHING, AND THE MAIN LIBRARY, IN THE AMOUNT OF $57,820:
RECOMMENDATION:
1) Approve Amendment No. 7 to Agreement No. A5488 with Allen F. Smoot & Associates for Owner Representative Services for the Animal Shelter Project, coordination of the JC Frey Building refurbishing, and the coordination of refurbishing at the Main Library, in the amount of $57,820; and 2) Authorize the City Manager to execute the Agreement. A5488. 

2.H. APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council and Community Redevelopment Agency Minutes of December 2, 2009.

2.I. COMMUNITY REDEVELOPMENT AGENCY CONTRACT APPROVAL FOR PRE-RENOVATION SERVICES AND MATERIAL REMOVAL AT THE JC FREY BUILDING LOCATED AT 1191 EAST BARISTO ROAD:
RECOMMENDATION:
Approve and authorize the Executive Director to execute a professional services agreement, subject to final approval of Agency Counsel, in an amount not to exceed $45,000, for pre-renovation services and materials removal at the JC Frey Building located at 1191 East Baristo Road. 

2.J. AMENDMENT NO. 3 TO LEASE AGREEMENT NO. A4159 WITH THE PARADIES SHOPS, LLC FOR CONCESSIONS AT PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION:
1) Approve Amendment No. 3 to Agreement No. A4159 with The Paradies Shops, LLC for the exchange of storage space locations and an increase of display space at the CNBC store effective January 1, 2010; and 2) Authorized the City Manager to execute the Agreement. A4159. 

2.K. AGREEMENT WITH SYSTEMS INTEGRATION CORPORATION IN THE AMOUNT OF $198,108.68, FOR AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM REPLACEMENT:
RECOMMENDATION:
1) Approve an agreement with Systems Integration Corporation in the amount of $198,108.68, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute the Agreement. A____.

2.L. ACCEPT FISCAL YEAR 2009 HOMELAND SECURITY GRANT FROM THE CALIFORNIA OFFICE OF HOMELAND SECURITY IN THE AMOUNT OF $156,430.00:
RECOMMENDATION:
1) Accept a grant from the California Department of Homeland Security through the Riverside County Office of Emergency Services in the amount of $156,430.00; and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.M. DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2008-09:
RECOMMENDATION:
Receive and file the Government Code Section 66000 Development Project Fee Report for Fiscal Year 2008-09. 

2.N. AMENDMENT NO. 1 TO AGREEMENT NO. A1079 WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT EXTENDING THE LEASE FOR TWO YEARS FOR PROPERTY LOCATED AT 1300 EAST BARISTO ROAD:
RECOMMENDATION:
1) Approve Amendment No. 1 to Agreement No. A1079 with the Palm Springs Unified School District extending the lease to August 6, 2012, at the rate of $46,502 annually, for property located at 1300 East Baristo Road; and 2) Authorize the City Manager to execute all necessary documents. A1079. 

2.O. VACANT BUILDING MONITORING PROGRAM FEES:
RECOMMENDATION
: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING INSPECTION FEES FOR THE IMPLEMENTATION OF THE VACANT BUILDING MONITORING PROGRAM AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED.”

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS: 

5.A. FISCAL YEAR 2009-10 BUDGET SECOND QUARTER UPDATE, DISCUSSION OF DEFICIT REDUCTION ALTERNATIVES AND LOCAL ECONOMIC DEVELOPMENT PROGRAMS:
RECOMMENDATION:
Direct staff as appropriate.

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, January 6, 2010, 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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