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City Council Meeting

Joint Meeting with Planning Commission and AAC

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
PLANNING COMMISSION
ARCHITECTURAL ADVISORY COMMITTEE
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: 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. JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION, AND ARCHITECTURAL ADVISORY COMMITTEE: (6:00 P.M. TO 7:00 P.M.)

1.A. PLANNING COMMISSION AND ARCHITECTURAL ADVISORY COMMITTEE REPORT ON RECENT ACCOMPLISHMENTS, POLICY ISSUES, DISCUSS GOALS AND UPCOMING PROJECTS:
RECOMMENDATION:
1) Accept public comment on matters of the City Council, Planning Commission, and Architectural Advisory Committee; and 2) Direct the Commission, Committee, and staff as appropriate.

The Planning Commission and Architectural Advisory Committee will adjourn.

1. PUBLIC HEARINGS: 

1.B. NEXUS DEVELOPMENT AMENDING A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP, REDUCING THE DENSITY FROM 84 TO 53 RESIDENTIAL UNITS AND REVISING THE TENTATIVE TRACT MAP TO A SUBDIVISION OF 53 LOTS WITH COMMON AREAS AND PRIVATE ROADWAYS, LOCATED ON APPROXIMATELY 8.48 ACRES AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD IN SECTION 14 (CASE 5.1082):
RECOMMENDATION:
1) Open the public hearing and receive public testimony; 2) Recertify the previously approved Mitigated Negative Declaration as an adequate environmental analysis and action on the proposed project pursuant to the California Environmental Quality Act (CEQA); 3) Waive the reading of the ordinance text in its entirety and read by title only; 4) Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING  CASE 5.1082 AMND – PDD 321, A PRELIMINARY AND FINAL PDD AMENDMENT, FOR A PDD IN LIEU OF A CHANGE OF ZONE, REVISING THE PROJECT FROM 84 CONDOMINIUM UNITS TO 53 SINGLE FAMILY UNITS ON INDIVIDUAL LOTS WITH UNIQUE DEVELOPMENT STANDARDS AND AN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN TO PERMIT SINGLE FAMILY UNITS IN THE MBR AND HR LAND USE AREAS ON APPROXIMATELY 8.48 ACRES AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD;” and 5) Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 34165 REVISING THE MAP FROM A SINGLE LOT MAP FOR CONDOMINIUM PURPOSES TO A SUBDIVISION OF 53 SINGLE FAMILY LOTS WITH COMMON PRIVATE ROADWAYS AND PARKING.”

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 April 7, 2010, City Council Agenda. 

2.B. APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council and Community Redevelopment Agency Minutes of March 17, 2010, and City Council Minutes of March 24, 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 02-20-10 BY WARRANTS NUMBERED 415463 THROUGH 415500 TOTALING $57,962.53, LIABILITY CHECKS NUMBERED 1040767 THROUGH 1040788 TOTALING $139,131.70, FIVE WIRE TRANSFERS FOR $57,055.02, AND THREE ELECTRONIC ACH DEBITS OF $1,076,994.49, IN THE AGGREGATE AMOUNT OF $1,331,143.74, 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 1040789 THROUGH 1040912, IN THE AGGREGATE AMOUNT OF $1,066,130.17, 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 3-06-10 BY WARRANTS NUMBERED 415501 THROUGH 415542 TOTALING $63,030.36, LIABILITY CHECKS NUMBERED 1040913 THROUGH 1040933 TOTALING $140,526.59, FIVE WIRE TRANSFERS FOR $58,165.02, AND THREE ELECTRONIC ACH DEBITS OF $1,093,110.34, IN THE AGGREGATE AMOUNT OF $1,354,832.31, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1040934 THROUGH 1041042, IN THE AGGREGATE AMOUNT OF $283,168.00, DRAWN ON BANK OF AMERICA;” 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 1041043 THROUGH 1041213, IN THE AGGREGATE AMOUNT OF $1,128,095.74, DRAWN ON BANK OF AMERICA;” 6) 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 3-20-10 BY WARRANTS NUMBERED 415543 THROUGH 415586 TOTALING $68,744.18, LIABILITY CHECKS NUMBERED 1041214 THROUGH 1041234 TOTALING $141,548.69, FIVE WIRE TRANSFERS FOR $79,411.71, AND THREE ELECTRONIC ACH DEBITS OF $1,103,743.55, IN THE AGGREGATE AMOUNT OF $1,393,448.13, DRAWN ON BANK OF AMERICA; and 7) 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 1041235 THROUGH 1041330, IN THE AGGREGATE AMOUNT OF $496,527.48, DRAWN ON BANK OF AMERICA.” 

2.D. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2010:
RECOMMENDATION:
Receive and file the Treasurer’s Investment Report as of February 28, 2010. 

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1770, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE FOR THE PROPOSED RESTRUCTURING OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF THE CITY:
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1770, "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.” 

2.F. AMENDMENT NO. 8 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR OWNER’S REPRESENTATIVE AGREEMENT TO REFLECT AN EXTENSION OF ONE YEAR, ADDITIONAL TIME ALLOCATION FOR PRE-CONSTRUCTION SERVICES FOR THE ANIMAL SHELTER PROJECT, THE INCLUSION OF CONSTRUCTION SERVICES FOR THE ANIMAL SHELTER AND WELWOOD LIBRARY PROJECTS SHOULD THE CITY COUNCIL ELECT TO PROCEED WITH THOSE PROJECTS:
RECOMMENDATION:
1) Approve Amendment No. 8 to Agreement No. A5488 with Allen F. Smoot & Associates, for Owner Representative Services, extending the term for one year, authorizing additional pre-construction services for the Animal Shelter Project, and authorizing construction period services on the Animal Shelter and Welwood Library Projects should the City Council award construction contracts for these projects; and 2) Authorize the City Manager to execute all necessary documents. A5488. 

2.G. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5895 WITH SIERRA LANDSCAPE COMPANY FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, FEDERAL AID PROJECT NO. ESPLE-5282 (027) (CP 06-03):
RECOMMENDATION:
1) Approve Change Order No. 2 to Agreement No. A5895 in the amount of $32,019 with Sierra Landscape Company, for the Gene Autry Trail Gateway Landscape Improvement Project, Federal Aid Project No. ESPLE-5282(027) (CP 06-03); and 2) Authorize the City Manager to execute all necessary documents. A5895. 

2.H. PURCHASE OF PLAYGROUND EQUIPMENT FOR BARISTO PARK AND DESERT HIGHLAND PARK:
RECOMMENDATION:
1) Approve the purchase of playground equipment for Baristo Park from Great Western Park & Playground, Inc. in a total amount not-to-exceed $109,867.02, including installation, utilizing the US Communities Cooperative Purchase Contract No. 040376.14 for public agencies in the State of California; 2) Approve the purchase of playground equipment for Desert Highland Park from Miracle Recreation Equipment Company in a total amount not-to-exceed $115,091.85, including installation, utilizing the HGAC Cooperative Purchase Contract No. PR11-08, for public agencies in the State of California; and 3) Authorize the City Manager to execute all necessary documents. 

2.I. PROPOSED RESOLUTION SUPPORTING THE DESERT CITIES ENERGY PARTNERSHIP:
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN ENERGY PARTNERSHIP WITH SOUTHERN CALIFORNIA EDISON, IMPERIAL IRRIGATION DISTRICT, SOUTHERN CALIFORNIA GAS COMPANY, AND OUR MEMBER AGENCIES TO BE KNOWN AS “THE DESERT CITIES ENERGY PARTNERSHIP.” 

2.J. ACCEPT THE RESIGNATION OF APRIL HILDNER FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION:
1) Accept with regret the resignation of April Hildner from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011. 

2.K. AWARD OF CONTRACT FOR THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER FENCING (INVITATION TO BID 10-0):
RECOMMENDATION:
1) Approve an agreement with Geno’s Overhead Doors & Gates for the James O. Jessie Desert Highland Unity Center Central Access-Point Fence in the amount of $25,000 (IFB 10-05); and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.L. AWARD RFP 03-10 RETAIL MERCHANDISING UNITS TO EVA’S AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION:
1) Approve a five-year Non-Exclusive Operating and Lease Agreement for two retail merchandising units at the Palm Springs International Airport to Eva’s At Palm Springs Airport effective September 1, 2010, through August 31, 2015; and 2) Authorize the City Manger to execute all necessary documents. A____. 

2.M. APPROVE UNIVERSAL DESIGNATION OF THE CITY COUNCIL TO SUBMIT DISASTER ASSISTANCE TO THE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, FOR OBTAINING DISASTER RELIEF AND EMERGENCY ASSISTANCE:
RECOMMENDATION:
1) Designate David H. Ready, City Manager, as the Director of Emergency Services, or Thomas Wilson, Assistant City Manager, or David Barakian, City Engineer, to submit Disaster Assistance to the State of California, Office of Emergency Services, for the purpose of obtaining Disaster Relief and Emergency Assistance; and 2) Direct the City Clerk to certify the Designation for the Office of Emergency Services.

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

4.B. SUSPEND THE PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO CANNAHELP (CITY COUNCIL RESOLUTION NO. 22666), AND SCHEDULE A PUBLIC HEARING FOR MAY 5, 2010, TO CONSIDER RESCISSION OF RESOLUTION NO. 22666 AND AWARD OF A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE PERMIT TO ANOTHER QUALIFIED APPLICANT:
RECOMMENDATION:
1) Suspend the permit to operate a medical cannabis collective/cooperative to Cannahelp granted pursuant to City Council Resolution No. 22666; 2) Schedule a public hearing for May 5, 2010, for the City Council to consider the rescission of Resolution No. 22666 and award of a permit to another qualified applicant, and direct the City Clerk to provide notice to Cannahelp, Herbal Solutions, and CAPS Apothecary of the hearing; and 3) Provide other or additional direction as the Council may deem appropriate.

5. NEW BUSINESS: 

5.A. PROPOSED RESOLUTION AMENDING THE JOB CREATION INCENTIVE PROGRAM ELIGIBILITY CRITERIA FOR THE MINIMUM NUMBER OF NEW FULL TIME JOBS CREATED BY AN ELIGIBLE COMPANY TO BE NO LESS THAN 50 FULL TIME JOBS:
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ELIGIBILITY CRITERIA FOR THE JOB CREATION INCENTIVE PROGRAM AND AMENDING RESOLUTION NO. 19542.”

5.B. COMMUNITY REDEVELOPMENT AGENCY STATE-MANDATED PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF):
RECOMMENDATION:
1) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 PAYMENT TO THE EDUCATIONAL REVENUE AUGMENTATION FUND AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO;” and 2) 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.C. RELEASE OF ECONOMIC ANALYSIS OF THE CRITICAL HABITAT DESIGNATION FOR THE CASEY’S JUNE BEETLE:
RECOMMENDATION:
Receive and file. 

5.D. APPROVE THE SALE OF 765 SHARES OF WHITEWATER MUTUAL WATER COMPANY STOCK OWNED PROPRIETARILY BY THE CITY OF PALM SPRINGS TO THE DESERT WATER AGENCY:
RECOMMENDATION:
 1) Approve the sale of 765 Shares of Whitewater Mutual Water Company Stock proprietarily owned by the City of Palm Springs to the Desert Water Agency; 2) Authorize the City Manager to execute such agreements and documents as may be necessary, in a form approved by the City Attorney, to complete the sale; and 3) Authorize the City Clerk to endorse the Stock Certificates to the Desert Water Agency. 

5.E. SPONSORSHIP OF THE 2011 EASTER BOWL TENNIS TOURNAMENT TO BE HELD IN THE CITY OF PALM SPRINGS:
RECOMMENDATION:
1) Commit $25,000 Sponsorship of the 2011 Easter Bowl Tennis Tournament to be held in the City of Palm Springs; 2) Direct staff to appropriate $25,000 from the Special Events allocation in the 2010 Economic Recovery Program Funds for sponsorship of the event; and 3) Authorize the City Manager to prepare and execute a Sponsorship Agreement subject to final approval of the City Attorney. A____.

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, April 21, 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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