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City Council Meeting

February 3, 2010

CITY COUNCIL
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: Boy Scout Troop 262.

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. PUBLIC HEARINGS:

1.A. DESIGNATION OF THE ROYAL HAWAIIAN ESTATES CONDOMINIUM LOCATED AT 1774 SOUTH PALM CANYON DRIVE AS A HISTORIC DISTRICT (CASE HSPB 73 / HD 2):
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, ESTABLISHING HISTORIC DISTRICT NO. 2, AT THE ROYAL HAWAIIAN ESTATES CONDOMINIUMS LOCATED AT 1774 SOUTH PALM CANYON DRIVE.”

1.B. DESIGNATION OF THE SINGLE FAMILY DWELLING AT 1070 EAST APACHE ROAD AS A CLASS 1 HISTORIC SITE (CASE HSPB 74):
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, DESIGNATING THE SINGLE FAMILY DWELLING AT 1070 EAST APACHE ROAD, A CLASS ONE HISTORIC SITE.”

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 February 3, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 13, 2010, and the City Council/Community Redevelopment Agency Minutes of January 20, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1039753 THROUGH 1039851, IN THE AGGREGATE AMOUNT OF $307,227.88, 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 1039852 THROUGH 1039928, IN THE AGGREGATE AMOUNT OF $787,919.86, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 01-09-10 BY WARRANTS NUMBERED 415340 THROUGH 415380 TOTALING $100,467.59, LIABILITY CHECKS NUMBERED 1039929 THROUGH 1039949 TOTALING $138,810.00, FIVE WIRE TRANSFERS FOR $53,219.88, AND THREE ELECTRONIC ACH DEBITS OF $1,080,992.63, IN THE AGGREGATE AMOUNT OF $1,373,490.10, 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 1039950 THROUGH 1040123, IN THE AGGREGATE AMOUNT OF $451,835.08, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1767, AN 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: Waive further reading and adopt Ordinance No. 1767, "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.”

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1768, AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING ON-SITE STORMWATER RETENTION REQUIREMENTS FOR NEW DEVELOPMENTS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1768, "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."

2.F. ACCEPT THE RESIGNATION OF DESERT HOT SPRINGS MAYOR YVONNE PARKS FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION AS THE REPRESENTATIVE FOR THE CITY OF DESERT HOT SPRINGS:
RECOMMENDATION: 1) Accept with regret the resignation of Desert Hot Springs Mayor Yvonne Parks from the Palm Springs International Airport Commission as the representative for the City of Desert Hot Springs; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

2.G. ACCEPT THE RESIGNATION OF DOUG JOHNSON FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION AS THE REPRESENTATIVE FOR THE CITY OF RANCHO MIRAGE:
RECOMMENDATION: 1) Accept with regret the resignation of Doug Johnson from the Palm Springs International Airport Commission as the representative for the City of Rancho Mirage; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

2.H. REQUEST BY THE MARK P. GREEN FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT 224 NORTH PALM CANYON DRIVE (CASE 5.1233-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, WINE, AND DISTILLED SPIRITS (ABC TYPE 48 LICENSE) FOR THE PROPERTY LOCATED AT 224 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15.”

2.I. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC., FOR A FATS, OILS AND GREASE (“FOG”) AVAILABILITY ASSESSMENT STUDY:
RECOMMENDATION: Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $25,691.58 for the preparation of a Fats, Oils and Grease (“FOG”) Availability Assessment Study.

2.J. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS.”
A4743, Tract Map 27680, Las Palmas Heights.
A4955, Tract Map 30050, Alta.
A5226, Tract Map 33577, Palomino.
A5105, Tract Map 32160, Enclave.
A5131, Tract Map 30046, Monte Sereno.
A5086, A5087, A5088, A5089, Tract Maps 32233-1, 2, 3 and 4, Escena.
A5276, Tract Map 32675, Alexander Country Club Estates.
A5246, Tract Map 33561, Palermo.
A5516, Tract Map 33162, Pedregal.
A5080, Tract Map 30058, Four Seasons II.
A5393, Tract Map 31848-1, Avalon.
A5426, Tract Map 32732, Oceo.
A5324, Tract Map 33933, Murano.
A5496, Tract Map 34933, Cocotero.
A4814, Tract Map 28966, Preserve Estates.
A5155, Tract Map 31514, Luminaire.
A5439, Tract Map 31525, Four Seasons III.
A5872, Tract Map 35999, Prescott Place.
A5436, Tract Map 33161, Vista San Jacinto.
A5291, Tract Map 33542, Tangerine.
A5614, Tract Map 32378, Macrina.

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

2.L. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. G67, WITH THE STATE OF CALIFORNIA FOR USE OF SAFE ROUTES TO SCHOOL (SR2S) STATE FUNDS FOR THE SAFE ROUTES TO SCHOOL CYCLE 8 PROJECT, CP 09-07, STATE PROJECT NO. SR2SL-5282 (036):
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. G67 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00164S WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $388,800 ($349,920 STATE FUNDS / $38,880 LOCAL FUNDS), FOR THE SAFE ROUTES TO SCHOOL CYCLE 8 PROJECT, CP 09-07, STATE PROJECT NO. SR2SL-5282 (036);” and 2) Authorize the City Manager to execute all necessary documents. A5708.

2.M. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON AT THE SOUTHWEST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL:
RECOMMENDATION: 1) Approve a grant of “Anchor Easement” to Southern California Edison across the northerly 7.00 feet of the City’s property located at the southwest corner of Vista Chino and Gene Autry Trail (APN 677-250-062); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.N. FISCAL YEAR 2008-09 AUDIT REPORTS:
RECOMMENDATION: Receive and file the Fiscal Year 2008-09 Audit Reports.

2.O. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO REVIEW AND STUDY PROPOSED MODIFICATIONS TO THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT:
RECOMMENDATION: Appoint Mayor Pro Tem Hutcheson and Councilmember Mills to a City Council Subcommittee to review and study proposed modifications to the Palm Springs Business Improvement District.

2.P. PURCHASE OF A NEW 24 FOOT TRAILER FROM MIGHTY MOVERS TRAILERS, INC., FOR DRIVING UNDER THE INFLUENCE (DUI) SAFETY AND EDUCATION PROGRAM, IN THE AMOUNT OF $32,261.87:
RECOMMENDATION: Approve the purchase of one new 2010 24 foot tandem axle enclosed trailer with a road signage package, power generator, and auxiliary lighting package as specified in Invitation for Bid No. 10-03, from Mighty Movers Trailers, Inc., for DUI Safety and Education, in the amount of $32,261.87.

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

3. LEGISLATIVE:

3.A. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1766, ZONING CODE AMENDMENT RELATED TO THE STANDARDS AND REGULATIONS OF MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES AND CONSIDERATION OF AN INTERIM URGENCY ORDINANCE:
RECOMMENDATION: 1) Waive further reading and adopt Ordinance No. 1766, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C AND 93.22.00.E OF, AND REPEALING PARAGRAPH 6 OF SUBSECTION 93.22.00.H OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO APPROVAL OF ADMINISTRATIVE MODIFICATIONS TO CERTAIN THE STANDARDS AND REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES;" and 2) Waive further reading and adopt Ordinance No. 1769, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00.C AND 93.22.00.E OF, AND REPEALING PARAGRAPH 6 OF SUBSECTION 93.22.00.H OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO APPROVAL OF ADMINISTRATIVE MODIFICATIONS TO CERTAIN STANDARDS AND REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES, TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE.” (4/5THS VOTE REQUIRED.)

4. UNFINISHED BUSINESS:

4.A. REVIEW AND EVALUATION OF FOUR APPLICATIONS FOR POSSIBLE AWARD OF TWO PERMITS FOR THE OPERATION OF MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES:
RECOMMENDATION: Direct staff as appropriate.

4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN MONTHLY UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS: None.

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 17, 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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