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City Council Meeting

January 20, 2010

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
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.

4:30 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: Rabbi Sally Olins, Temple Isaiah.

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. ZONING ORDINANCE AMENDMENT RELATED TO THE STANDARDS AND REGULATIONS OF MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the full text of the Ordinance, and introduce by title only; and 3) Introduce for first reading Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00 (C, E, and H) OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES.”
Please Note: The City Council will not be approving and selecting collectives at this meeting.

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 January 20, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of January 6, 2010.

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 12-12-09 BY WARRANTS NUMBERED 415261 THROUGH 415295 AND 415339 TOTALING $55,070.49, LIABILITY CHECKS NUMBERED 1039524 THROUGH 1039544 TOTALING $141,345.42, FIVE WIRE TRANSFERS FOR $171,166.74, AND THREE ELECTRONIC ACH DEBITS OF $1,341,894.65, IN THE AGGREGATE AMOUNT OF $1,709,477.30, 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 1039545 THROUGH 1039683 IN THE AGGREGATE AMOUNT OF $659,820.46, 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 1039684 THROUGH 1039731 IN THE AGGREGATE AMOUNT OF $629,771.99, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 12-26-09 BY WARRANTS NUMBERED 415296 THROUGH 415338 TOTALING $73,219.81, LIABILITY CHECKS NUMBERED 1039732 THROUGH 1039752 TOTALING $137,652.50, FIVE WIRE TRANSFERS FOR $52,965.53 AND THREE ELECTRONIC ACH DEBITS OF $1,090,520.55, IN THE AGGREGATE AMOUNT OF $1,354,358.39, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER AND DECEMBER 2009:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period November 1 through December 31, 2009.

2.E. CITY OF PALM SPRINGS COMMENTS ON THE PROPOSED RIVERSIDE COUNTY REGIONAL DETENTION CENTER DRAFT ENVIRONMENTAL IMPACT REPORT:
RECOMMENDATION: Receive and File.

2.F. REQUEST BY THE NAKED GRAPE FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR CONSUMPTION ON OR OFF PREMISES AT 242 NORTH PALM CANYON DRIVE (CASE 5.1234-PCN):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR ON OR OFF SITE CONSUMPTION FOR THE PROPERTY LOCATED AT 242 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15.”

2.G. APPROVE A LOAN AGREEMENT WITH SPANISH INN, INC:
RECOMMENDATION: 1) Approve a loan agreement with the Spanish Inn; and 2) Authorize the City Manager to execute all documents. A____.

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

3. LEGISLATIVE:

3.A. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE FOR THE PURPOSE OF AMENDING APPENDIX J “GRADING” OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE TO CLARIFY GRADING DESIGNATIONS AND GRADING REQUIREMENTS:
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, AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE FOR THE PURPOSE OF AMENDING APPENDIX J “GRADING” OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE TO CLARIFY GRADING DESIGNATIONS AND GRADING REQUIREMENTS.”

3.B. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ON-SITE STORMWATER RETENTION REQUIREMENTS FOR NEW DEVELOPMENTS:
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, AMENDING SECTION 8.70.100 OF THE PALM SPRINGS MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ON-SITE STORMWATER RETENTION REQUIREMENTS.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. UPDATE AND PROGRESS REPORT ON THE COMMUNITY AND STAKEHOLDER MEETINGS WITH RESPECT TO THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT:
RECOMMENDATION: Receive and file.

5.B. AMENDMENT NO. 2 TO AGREEMENT NO. A5630 WITH MAXWELL SECURITY ADDING UNARMED SECURITY GUARD SERVICES AT THE SKATE PARK:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5630 with Maxwell Security to add unarmed security guard services for the hourly rate of $18.00 at the Skate Park in the amount of $37,620 for the period January 15, 2010, through June 30, 2010, from the City’s Unallocated General Fund Reserve;” 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 ADDING UNARMED SECURITY GUARD SERVICES AT THE SKATE PARK;” and 3) Authorize the City Manager to execute all necessary documents. A5630.

5.C. APPROVAL OF CONCEPTUAL TRAILHEAD AND TRAIL SIGNAGE PROGRAM:
RECOMMENDATION: 1) Approve the Conceptual Trailhead and Trail Signage Program, and direct staff to work with the Agua Caliente Band of Cahuilla Indians; and 2) Authorize staff to solicit bids for fabrication and installation.

5.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEARS 2008-09 AND 2009-10 ANNUAL ASPHALT OVERLAY (CP 08-28):
RECOMMENDATION: Approve the plans, specifications, and working details for the Fiscal Years 2008-09 and 2009-10 Annual Overlay (CP 08-28), and authorize staff to advertise and solicit bids.

5.E. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY BUDGET ADJUSTMENTS RESULTING FROM THE JANUARY 13, 2010, STUDY SESSION TO FACILITATE THE FISCAL YEAR 2009-10 MID-YEAR BUDGET DEFICIT REDUCTION PLAN AND AN ECONOMIC RECOVERY STRATEGY:
RECOMMENDATION: [COMMUNITY REDEVELOPMENT AGENCY]; 1) Adopt three (3) Resolutions amending the budget for Fiscal Year 2009-10 titled, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10” and [CITY COUNCIL]; 2) Adopt six (6) Resolutions amending the budget for Fiscal Year 2009-10 titled, “A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10.”

5.F. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY REPAYMENT AND RELENDING OF COMMUNITY REDEVELOPMENT AGENCY LOANS:
RECOMMENDATION: [CITY COUNCIL] 1) Accept repayments of loans from the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,466,785 and $545,000, respectively; 2) Approve the issuance of new loans at 6% interest from the General Fund to Merged Area No. 1 and Merged Area No. 2 Capital Projects Funds, in the amount of $1,466,785 and $545,000, respectively, effective January 20, 2010;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10; 4) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10; [COMMUNITY REDEVELOPMENT AGENCY]; 5) Approve repayment of loans to the City of Palm Springs by the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,466,785 and $545,000, respectively ; 6) Accept new loans at 6% interest from the General Fund to Merged Area No. 1 and Merged Area No. 2 Capital Projects Funds, in the amount of $1,466,785 and $545,000, respectively, effective January 20, 2010; 7) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10;” 8) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10.”

5.G. PROGRESS REPORT ON SUSTAINABILITY PROGRAMS AND PROJECTS:
RECOMMENDATION: Receive and file.

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, February 3, 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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