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City Council Regular Meeting

Wednesday, June 16, 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. REGULAR MEETING

 CALL TO ORDER:

PLEDGE OF ALLEGIANCE: 

INVOCATION:  Rev. Dr. Amanda Burr, United Methodist Church of Palm Springs. 

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. PUBLIC HEARING, EVALUATION OF PROTEST PROCEEDINGS, AND ADOPTION OF A PROPOSED ORDINANCE TO MODIFY THE BASIS AND METHOD OF LEVYING ASSESSMENTS AND THE RENEWAL OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID), AND THE LEVY OF THE FISCAL YEAR 2010-11 ASSESSMENTS: 
RECOMMENDATION: 1) Open the public hearing, accept public testimony, and evaluate the results of the protest proceedings; 2) Waive further reading and adopt Ordinance No. 1174, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ORDINANCE NO. 1709 RELATING TO THE ESTABLISHMENT OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENTS PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989, AND CODIFYING ORDINANCE NO. 1709, AS AMENDED, AS DIVISION III OF TITLE 3 (CHAPTER 3.100) OF THE PALM SPRINGS MUNICIPAL CODE;” and 3) Direct staff to allocate and continue to Fiscal Year 2010-11 $50,000 from the Economic Recovery Plan funding.

1.B. PROPOSITION 218 MAJORITY PROTEST HEARING ON THE MATTER OF INCREASING SEWER SERVICE CHARGES: 
RECOMMENDATION:
1) Open the Public Hearing and receive public testimony; 2) Continue the Public Hearing to July 7, 2010; and 3) Direct the City Clerk to continue accepting property owner protests until July 7, 2010, and to post notice of continuance of the Public Hearing.

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 June 16, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council/Community Redevelopment Agency Minutes of June 2, 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 1042298 THROUGH 1042434 IN THE AGGREGATE AMOUNT OF $1,620,940.79, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 5-29-10 BY WARRANTS NUMBERED 415779 THROUGH 415814 TOTALING $58,066.17, LIABILITY CHECKS NUMBERED 1042435 THROUGH 1042455 TOTALING $143,106.89, FIVE WIRE TRANSFERS FOR $59,372.37, AND THREE ELECTRONIC ACH DEBITS OF $1,097,282.45, IN THE AGGREGATE AMOUNT OF $1,357,827.88, DRAWN ON BANK OF AMERICA;” and 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 1042456 THROUGH 1042523 IN THE AGGREGATE AMOUNT OF $99,321.80, DRAWN ON BANK OF AMERICA.” 

2.D. STAFF AUTHORIZED AGREEMENTS FOR MAY 2010:
RECOMMENDATION:
  Receive and file Staff Authorized Agreements covering the period May 1 through May 31, 2010. 

2.E. 2010 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT: 
RECOMMENDATION:
  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT THE 2010 BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL REFORM ACT.” 

2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1776, AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES (CASE 5.1218-A): 
RECOMMENDATION:
  Waive further reading and adopt Ordinance No. 1776, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00 (F, G, K, L, and M) OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES."

2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A5139 ASSISTANT CITY MANAGER EMPLOYMENT CONTRACT: 
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5139 a Contract for Employment / Assistant City Manager with Thomas Wilson; and 2) Authorize the City Manager to execute all necessary documents.  A5139.  

2.H. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2010-11: 
RECOMMENDATION:
 
1)  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3 (“CROSSLEY TRACT”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE DISTRICT NO. 3 (“CROSSLEY TRACT”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6A (“FAIRPORT DEVELOPMENT”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6A (“FAIRPORT DEVELOPMENT”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C (“PARK SONORA TRACT”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

6) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6C (“PARK SONORA TRACT”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

7) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 7 (“SUNRISE NORTE TRACT”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

8) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 7 (“SUNRISE NORTE TRACT”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

9) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 8 (“VINTAGE PALMS TRACT”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

10) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 8 (“VINTAGE PALMS TRACT”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

11) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9 (“FLORA VISTA”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

12) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 9 (“FLORA VISTA”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

13) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORTS REGARDING PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, (“MOUNTAIN GATE”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

14) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, (“MOUNTAIN GATE”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

15) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER’S REPORT REGARDING LANDSCAPE MAINTENANCE DISTRICT NO. 12 (“SMOKE TREE COMMONS”); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

16) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON LANDSCAPE MAINTENANCE DISTRICT NO. 12 (“SMOKE TREE COMMONS”); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11.”

2.I. PROGRAM SUPPLEMENT AGREEMENT NO. 031-N WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE VISTA CHINO AT FARRELL DRIVE STREET IMPROVEMENTS [FEDERAL-AID PROJECT NO. CML-5282(037) (CP 09-11)]: 
RECOMMENDATION:
  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 031-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $45,183 ($40,000 CMAQ FEDERAL FUNDS / $5,183 TRAFFIC MITIGATION FEES), FOR THE VISTA CHINO AT FARRELL DRIVE STREET IMPROVEMENTS, CITY PROJECT NO. 09-11, FEDERAL-AID PROJECT NO. CML-5282(037), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” A____. 

2.J. RIGHT-OF-WAY AGREEMENTS WITH WESSMAN HOLDINGS, LLC, FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING (CP 87-49): 
RECOMMENDATION:
  1) Approve a Right-of-Way Agreement for Acquisition of Real Property and Escrow Instructions, with Wessman Holdings, LLC, in the amount of $50,000 for acquisition of right-of-way for the Belardo Road Bridge and Roadway Widening, (CP 87-49);  2) Approve a Right of Entry and Temporary Construction Easement Agreement, with Wessman Holdings, LLC in the amount of $20,925 for acquisition of a temporary construction easement for the Belardo Road Bridge and Roadway Widening, (CP 87-49); 3) Authorize the City Manager to execute all necessary documents; and 4) Authorize the Director of Public Works/City Engineer to coordinate and execute all associated escrow documents subject to the review and approval by the City Attorney.  A____. 

2.K. ENCROACHMENT LICENSE TO PRESCOTT PLACE LLC, FOR BUILDING OVERHANG SOLAR SHADES EXTENDING INTO THE RIGHT-OF-WAY AT 901 N. PALM CANYON DRIVE: 
RECOMMENDATION:
  1) Approve an Encroachment License with Prescott Place, LLC for construction of building overhang solar shades extending into the right-of-way at 901 N. Palm Canyon Drive; and 2) Authorize the City Manager to execute all necessary documents.  A____. 

2.L. AMENDMENT NO. 10 TO AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING SERVICES, INC. (FORMERLY VEOLIA WATER NORTH AMERICA-WEST, LLC): 
RECOMMENDATION:
  1) Approve Amendment No. 10 to the Amended and Restated Wastewater Services Agreement No. A4123 with Veolia West Operating Services, Inc. (formerly Veolia Water North America-West, LLC); and 2) Authorize the City Manager to execute all necessary documents.  A4123. 

2.M. SALE OF A 5,663 SQUARE FOOT PARCEL (.13 ACRE) TO BASAM RAEI FOR THE SUM OF $7,650 LOCATED NEAR THE NORTHEAST CORNER OF MESQUITE AVENUE AND EL CIELO ROAD (APN 680-601-006): 
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE OF A CITY OWNED 5,665 SQUARE FOOT PARCEL LOCATED NEAR THE NORTHEAST CORNER OF MESQUITE AVENUE AND EL CIELO ROAD TO BASAM RAEI IN THE AMOUNT OF $7,650 FOR THE PURPOSE OF CONSTRUCTING A SINGLE FAMILY HOME (APN 680-601-006).” 

2.N. AGREEMENT WITH SOUTHERN CALIFORNIA SOILS & TESTING, INC. FOR SPECIAL TESTING AND INSPECTION SERVICES IN THE AMOUNT OF $78,000 FOR THE PALM SPRINGS ANIMAL CARE FACILITY PROJECT: 
RECOMMENDATION:
  1) Approve a professional services agreement for special testing and inspection services, in a form approved by the City Attorney, with Southern California Soils & Testing, Inc. in the amount of $78,000 for the Palm Springs Animal Care Facility Project (RPF 08-10); and 2) Authorize the City Manager to sign and execute all necessary documents.  A____.  


2.O. LETTER OF COMMITMENT FOR THE COLLEGE OF THE DESERT GREEN INNOVATION CHALLENGE GRANT FOR IN-KIND AND MATCHING FUNDS:
RECOMMENDATION:
  Receive and File.

2.P. FISCAL YEAR 2010-11 ALLOCATED POSITIONS AND COMPENSATION PLAN: 
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2010-11.” 

2.Q. EXTENSION OF THE MANAGEMENT AGREEMENT WITH CGPM MANAGERS LLC FOR THE MANAGEMENT AND OPERATION OF THE CITY-OWNED LEGENDS AND RESORT GOLF COURSES FOR TWO YEARS FROM JULY 1, 2010, THROUGH JUNE 30, 2012: 
RECOMMENDATION:
1) Approve Amendment No. 1 to Agreement No. A5741 with CGPM Managers LLC for the management and operation of the city-owned Legends and Resort Golf Courses for two years, through June 30, 2012; and 2) Authorize the City Manager to execute all necessary documents.  A5741. 

2.R. AWARD OF CONTRACT FOR THE CITY HALL EMERGENCY GENERATOR REPLACEMENT (CP 10-03): 
RECOMMENDATION:
Approve an agreement for the City Hall Emergency Generator Replacement with the lowest responsive bidder (CP 10-03); and 2) Authorize the City Manager to execute all necessary documents.  A____. 

2.S. PROPOSED RESOLUTION DECLARING ITS INTENTION TO FORM AN ASSESSMENT DISTRICT TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS FOR PROPERTY WITHIN THE CITY AND SETTING A PUBLIC HEARING THEREON: 
RECOMMENDATION:
  1) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO FORM AN ASSESSMENT DISTRICT TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS FOR PROPERTY WITHIN THE CITY PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC HEARING THEREON;” 2) Set the public hearing for September 1, 2010; and 3) Authorize the City Manager or his designee to execute all the necessary documents.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE MODIFYING THE CITY COUNCIL MEETING TIME FOR CLOSED SESSIONS: 
RECOMMENDATION:
  1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.04.010 RELATING TO MEETING TIMES OF THE CITY COUNCIL MEETINGS.” 

4. UNFINISHED BUSINESS:  None. 

5. NEW BUSINESS:

5.A. PARTICIPATION IN A MULTI-AGENCY ENTERPRISE ZONE APPLICATION TO THE STATE OF CALIFORNIA AND APPROPRIATION OF $50,000 AS THE CITY’S SHARE: 
RECOMMENDATION: 
1) Approve the participation in the Enterprise Zone application process in the amount of $50,000 as the City’s share; 2) Authorize the City Manager, or his designee, to execute all necessary documents; and 3) Direct staff to allocate $50,000 from the Economic Recovery Plan funding.   

5.B. REVIEW AND EVALUATION OF NINE APPLICATIONS FOR POSSIBLE AWARD OF A THIRD PERMIT FOR THE OPERATION OF A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE:  
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, July 7, 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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