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City Council Meeting

March 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: Father Andrew Green, Church of St. Paul in the Desert.

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 DE BRABANT HOUSE AS CLASS 1 HISTORIC SITE DESIGNATION 67, LOCATED AT 982 NORTH AVENIDA PALMAS (CASE HSPB 67):
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 AND SITE AT 982 NORTH AVENIDA PALMAS AS CLASS 1 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 March 3, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of February 17, 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 02-06-10 BY WARRANTS NUMBERED 415421 THROUGH 415462 TOTALING $60,757.82, LIABILITY CHECKS NUMBERED 1040357 THROUGH 1040377 TOTALING $138,623.04, FIVE WIRE TRANSFERS FOR $56,216.24, AND THREE ELECTRONIC ACH DEBITS OF $1,072,018.33, IN THE AGGREGATE AMOUNT OF $1,327,615.43, 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 1040378 THROUGH 1040612 IN THE AGGREGATE AMOUNT OF $2,027,962.88 DRAWN ON BANK OF AMERICA.”

2.D. AMENDMENT NO. 3 TO AGREEMENT NO. A3865 WITH THE BUILDING INDUSTRY ASSOCIATION EXTENDING THE TERM THROUGH MARCH 31, 2014:
RECOMMENDATION: Approve Amendment No. 3 to Agreement No. A3865 with the Building Industry Association extending the contract term through March 31, 2014; and 2) Authorize the City Manager to execute all necessary documents. A3865.

2.E. STATUS REPORT ON THE LISTING OF CASEY’S JUNE BEETLE AS ENDANGERED SPECIES BY U.S. FISH AND WILDLIFE SERVICE:
RECOMMENDATION: Receive and File.

2.F. STATUS REPORT ON THE APPLICATION BY AGUA CALIENTE BAND OF CAHUILLA INDIANS TO MOVE A PORTION OF WHITEWATER RANCH “INTO TRUST”:
RECOMMENDATION: Direct the Mayor to send a response letter to the United States Department of the Interior, Bureau of Interior Affairs.

2.G. REQUEST BY DESERT ORGANIC SOLUTIONS TO AMEND A REGULATORY PERMIT FOR OPERATING A MEDICAL CANNABIS COOPERATIVE, TRANSFERRING THE PERMIT FROM 19437 NEWHALL ROAD TO 19486 NEWHALL ROAD (CASE MC 09-006 AMND):
RECOMMENDATION: Amend the regulatory permit for operating a medical cannabis cooperative, transferring the permit from 19437 Newhall Road to 19486 Newhall Road, subject to conditions of approval (MC 09-006 AMND).

2.H. ACCEPT THE RESIGNATION OF BJORN AHLSTROM FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Bjorn Ahlstrom from the Palm Springs International Airport Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010.

2.I. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC) RELATED TO THE BELARDO ROAD BRIDGE OVER TAHQUITZ CREEK:
RECOMMENDATION: 1) Approve a Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, associated with the construction, operation, and maintenance of the Belardo Road Bridge, Tahquitz Creek Channel, 6-0-00060, Belardo Road Bridge (EP 3247); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5895 WITH SIERRA LANDSCAPE COMPANY FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT (CP 06-03), FEDERAL AID PROJECT NO. ESPLE-5282 (027):
RECOMMENDATION: 1) Approve Change Order No. 2 to Agreement No. A5895 in the amount of $66,678.97 with Sierra Landscape Company, for the Gene Autry Trail Gateway Landscape Improvement Project (CP 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize the City Manager to execute all necessary documents. A5895.

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, RELATING TO HANDBILLS, PEDDLERS AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION:
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 CHAPTERS 5.20, 5.48, AND 5.50, AND AMENDING SECTIONS 11.68.010, 11.68.030, 11.68.050, AND 11.68.060, OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HANDBILLS, PEDDLERS AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION.”

3.B. PROPOSED RESTRUCTURING OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF THE CITY, EFFECTIVE FISCAL YEAR 2010-11:
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 6 OF ORDINANCE NO. 1709 RELATING TO THE ESTABLISHMENT OF AN ADVISORY BOARD TO THE CITY COUNCIL IN THE ADMINISTRATION OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT;” and 3) Direct staff to prepare an ordinance and accompanying resolution(s) modifying the Palm Springs Business Improvement District structure and annual fee as appropriate.

4. UNFINISHED BUSINESS:

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

5. NEW BUSINESS:

5.A. AWARD OF CONTRACT FOR THE FISCAL YEAR 2008-09 AND 2009-10 ANNUAL ASPHALT OVERLAY (CP 08-28):
RECOMMENDATION: 1) Approve an agreement with the low responsive bidder for the Fiscal Year 2008-09 and 2009-10 Annual Overlay Project, Bid Schedules ____ (CP 08-28); and 2) Authorize the City Manager to execute all necessary documents. A____.

5.B. AWARD OF CONTRACT FOR THE FISCAL YEAR 2009-10 ANNUAL SLURRY SEAL PROJECT (CP 09-13):
RECOMMENDATION: 1) Approve an agreement with American Asphalt South, Inc. for Bid Schedules A and B, in the amount of $546,665.40, for the Fiscal Year 2009-10 Annual Slurry Seal Project (CP 09-13); and 2) Authorize the City Manager to execute all necessary documents. A____.

5.C. PRESENTATION BY THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) AND DISCUSS THE COACHELLA VALLEY ECONOMIC BLUEPRINT:
RECOMMENDATION: Direct staff as appropriate.

5D. CITY OF PALM SPRINGS ECONOMIC RECOVERY PLAN UPDATE AND DISCUSSION OF PROPOSED SHORT AND LONG TERM INITIATIVES:
RECOMMENDATION: Direct staff to return to the City Council with specific contracts and/or policy resolutions 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, March 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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