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City Council Meeting

July 21, 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.

4:00 P.M. CLOSED SESSION
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

Pursuant to Government Code Section 54953(b)(1) Councilmember Foat will be participating in the Closed Session portion of this meeting only, via teleconferencing from the following location:

Boulevard Kukulcan KM 19.5, Zona Hotelera
Cancun, Quintana Roo, MEXICO

CALL TO ORDER (Council Chamber and Teleconferencing Location):

PUBLIC COMMENT (Council Chamber and Teleconferencing Location): 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: Pastor John Kavcak, Our Lady of Solitude.

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. TRAVIS COMPANIES, INC. APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE FOR THE CONSTRUCTION AND OPERATION OF A GASOLINE SERVICE STATION WITHIN THE RIMROCK PLAZA AT THE SOUTHEAST CORNER OF EAST PALM CANYON DRIVE (HIGHWAY 111) AND MATTHEW DRIVE (4701 EAST PALM CANYON DRIVE) (CASE 5.1241 CUP & 6.521 VAR):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY TRAVIS COMPANIES, INC. AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A GASOLINE SERVICE STATION LOCATED AT 4701 EAST PALM CANYON DRIVE, CASE NO. 5.1241 CUP & 6.521 VAR.”

1.B. THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES MOBILE HOME PARK TENTATIVE TRACT MAP 34627, FOR THE CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILE HOME PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD
REVISED CONDITIONS OF APPROVAL 
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, APPROVING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILE HOME PARK TO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD IN THE R-MHP (MOBILEHOME PARK) ZONE SECTION 29.”

1.C. COMMUNITY REDEVELOPMENT AGENCY SALE OF REAL PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE TO CADENCE DEVELOPMENT, LLC IN THE AMOUNT OF $585,000 IN MERGED PROJECT AREA NO. 1
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH CADENCE DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE (CORK ‘N BOTTLE) IN MERGED PROJECT AREA NO. 1 FOR THE PURPOSE OF REHABILITATION AND RENOVATION IN THE AMOUNT OF $585,000.”

1.D. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2010-11:
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, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3.”

3. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3.”

4. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A.”

5. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A.”

6. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C.”

7. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C.”

8. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7.”

9. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7.”

10. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8.”
11. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8.”

12. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9.”

13. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9.”

14. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2.”

15. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2.”

16. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12.”

17. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12.”

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 July 21, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of July 7, 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 1042969 THROUGH 1043036 IN THE AGGREGATE AMOUNT OF $396,584.82, 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 6-26-10 BY WARRANTS NUMBERED 415866 THROUGH 415906 TOTALING $55,033.44, LIABILITY CHECKS NUMBERED 1043037 THROUGH 1043056 TOTALING $150,236.64, FIVE WIRE TRANSFERS FOR $434,361.83, AND THREE ELECTRONIC ACH DEBITS OF $1,500,569.66, IN THE AGGREGATE AMOUNT OF $2,140,201.57, DRAWN ON BANK OF AMERICA.”

2.D. PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID), TAKING NO ACTION ON THE FISCAL YEAR 2010-11 ASSESSMENTS, AND AUTHORIZING VOLUNTARY PAYMENTS TO THE BID FOR FISCAL YEAR 2010-11:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE PROTEST PROCEEDINGS FOR THE LEVY AND ASSESSMENT OF THE FISCAL YEAR 2010-11 PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT, TAKING NO ACTION ON THE PROPOSED LEVY FOR FISCAL YEAR 2010-11, AND OTHER ADMINISTRATIVE MATTERS AS REQUIRED.”

2.E. AMENDMENT NO. 1 TO AGREEMENT NO. A5924 WITH ESCALANTE ARCHITECTS ADDING CIVIL ENGINEERING SERVICES FOR THE WELWOOD MURRAY MEMORIAL LIBRARY:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5924 with Escalante Architects adding civil engineering services to the Welwood Murray Memorial Library project design contract not to exceed $8,500; and 2) Authorize the City Manager to execute all necessary documents. A5924.

2.F. SOFTWARE MAINTENANCE AGREEMENT FOR WEB BASED REGISTRATION FOR PROGRAMS AND FACILITY RENTALS:
RECOMMENDATION: 1) Approve a software maintenance and usage agreement in a form acceptable to the City Attorney for a three (3) year term with The Active Network, Inc. for their web based registration, facility rentals, etc. proprietary system in an amount not to exceed $43,200; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. WASTEWATER TREATMENT PLANT PERIMETER FENCE (CP 08-11):
RECOMMENDATION: 1) Approve an agreement with Moore Fence Company, Inc., in the amount of $324,839.03 for the Wastewater Treatment Plant Perimeter Fence (CP 08-11); 2) Authorize the City Manager to execute all necessary documents; and 3) Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $43,056.48 for construction administration and inspection of the Wastewater Treatment Plant Perimeter Fence (CP 08-11). A____.

2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2013:
RECOMMENDATION: Reappoint Jack Horner, as the City of Indio representative to the Palm Springs Airport Commission for the term ending June 30, 2013.

2.I. PALM SPRINGS ANIMAL CARE FACILITY VALUE ENGINEERING, AGREEMENT NO. A5976 WITH W.E. O’NEIL CONSTRUCTION CO., (CP 07-24):
RECOMMENDATION: 1) Authorize the City Manager to approve additional Value Engineering cuts during the months of July and August, 2010, up to an aggregate amount of $700,000; and 2) Authorize the City Manager to execute all necessary documents. A5976.

2.J. PROPOSED RESOLUTION IN SUPPORT OF THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT.”

2.K. PROPOSED RESOLUTION IN SUPPORT OF AB 2706 (LOWENTHAL) AMENDING THE CAL. CIVIL CODE TO DEEM VIOLENCE AGAINST HOMELESS PEOPLE OR THEIR PROPERTY AS A HATE CRIME FOR CIVIL LITIGATION:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS SUPPORTING CALIFORNIA AB 2706 (LOWENTHAL) AMENDING THE CAL. CIVIL CODE TO DEEM VIOLENCE AGAINST HOMELESS PEOPLE OR THEIR PROPERTY AS A HATE CRIME FOR CIVIL LITIGATION.”

2.L. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
RECOMMENDATION: Receive and file the California Health and Safety Code Section 33130 Project Area Property Disclosures for Planning Commissioner Philip Klatchko [no reportable interests].

2.M. AMENDMENT NO. 2 TO AGREEMENT NO. A5900 THE CONSTRUCTION COOPERATIVE AGREEMENT RELATED TO THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5900, a Construction Cooperative Agreement with the State of California Department of Transportation (“Caltrans”) and the County of Riverside, related to the Indian Canyon Drive at Interstate 10 Interchange Project (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A5900.

2.N. AWARD OF IFB 10-09 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS:
RECOMMENDATION: 1) Award a purchase order contract for Bid (IFB) 10-09, Schedule A, the base bid per our existing practice for Palm Tree Trimming at various locations in the City of Palm Springs to Mariposa Landscapes Inc. based on unit prices per tree for a projected cost of $74,252.00; and 2) Award a purchase order contract for Schedule B for additional trimming (cleanly shearing frond skirts of California Fan Palms to 12’ clearance and removal of dry fronds and skinning of Mexican Fan Palms in designated sections of North and South Palm Canyon Drive and the City Parks and Facilities) to Mariposa Landscapes Inc. on unit prices per tree for a projected cost of $30,363.00.

2.O. PROPOSED RESOLUTION IN SUPPORT OF THE CALIFORNIA CLEAN CARS PROGRAM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE CALIFORNIA AIR RESOURCES BOARD'S LEADERSHIP IN PROMOTING CLEAN AND ENERGY EFFICIENT MOTOR VEHICLES, ENERGY INDEPENDENCE, ZERO EMISSION TECHNOLOGIES AND IMPROVED QUALITY OF LIFE IN CALIFORNIA;” and 2) Authorize the Office of Sustainability to file the Resolution with the California Air Resources Board.

2.P. GREENHOUSE GAS EMISSION INVENTORY AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES IN THE AMOUNT OF $35,920:
RECOMMENDATION: 1) Approve an agreement with Michael Brandman Associates for a green house gas emissions inventory, modeling, and report at the Community and Government sector levels in a form approved by the City Attorney in the amount of $35,920; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.Q. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT IN THE AMOUNT OF $195,226 FOR PERIMETER FENCE IMPROVEMENTS PROFESSIONAL SERVICES:
RECOMMENDATION: 1) Authorize the City Manager to accept Federal Aviation Administration (FAA) Grant No. 3-06-0181-XX in the amount of $195,226 for Perimeter Fence Improvements – Design and Construction Phase Services; 2) Authorize the City Manager to execute all necessary documents. A____.

2.R. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT MASTER PLAN ENVIRONMENTAL:
RECOMMENDATION: 1) Authorize the City Manager to accept Federal Aviation Administration (FAA) Grant No. 3-06-0181-XX in the amount of $500,000 for the Airport Master Plan Environmental Phase; 2) Authorize the City Manager to execute all necessary documents. A____.

2.S. APPROVE THE THIRD PERMIT FOR THE OPERATION OF A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD (CASE NO. MC 09-002):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD, PALM SPRINGS (CASE NO. MC 09-002).”

2.T. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1778, EXTENDING THE TERM FOR PORTABLE “OPEN” SIGNS IN COMMERCIAL ZONES:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1778, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3 OF ORDINANCE NO. 1744 (RELATING TO PALM SPRINGS ZONING CODE SECTION 93.20.09.B.5, PORTABLE OPEN SIGNS) BY EXTENDING THE PROVISIONS OF ORDINANCE NO. 1744 TO OCTOBER 3, 2012.”

2.U. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1779 RELATING TO CLAIMS FOR RECOVERY OF TAXES:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1779, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 3.16.011, 3.16.012, AND 3.16.013 TO, AMENDING SUBSECTION (8) OF SECTION 3.24.020 OF, AND REPEALING SECTIONS 3.24.130 AND 3.32.216 OF, THE PALMS SPRINGS MUNICIPAL CODE, RELATING TO CLAIMS FOR RECOVERY OF TAXES.”

2.V. AGREEMENT WITH UNITED PAVING FOR THE SAN LORENZO SHOULDER PAVING PROJECT IN THE AMOUNT OF $64,351 (CP 08-05):
RECOMMENDATION: 1) Approve an agreement with United Paving for the San Lorenzo Shoulder Paving Project in the amount of $64,351 (C08-05); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.W. REQUEST FROM MAIN STREET PALM SPRINGS TO FUND $50,000 FROM THE ECONOMIC DEVELOPMENT PLAN FOR THE PURPOSE OF PROVIDING MARKETING AND PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN AREAS IN FISCAL YEAR 2010-11:
RECOMMENDATION: Receive and file.

2.X. REQUEST FROM THE GROUP FOR A $10,000 SPONSORSHIP FROM THE ECONOMIC DEVELOPMENT PLAN TO SUPPORT FIESTA DAYS IN PALM SPRINGS TO BE HELD SEPTEMBER 18 AND 19, 2010:
RECOMMENDATION: Receive and file.

2.Y. PURCHASE, SITE PREPARATION, AND INSTALLATION OF A NEW FIRE DEPARTMENT 36’ x 60’ MODULAR CLASSROOM:
RECOMMENDATION: 1) Approve the purchase of a 36’ x 60’ modular classroom from Pacific Mobile Structures, Inc. in the amount of $116,995.00, inclusive of all taxes, delivery and setup costs; 2) Approve a contract for the removal of the existing modular building, asbestos abatement and site preparation for the new 36’ x 60’ modular classroom located at 3000 East Alejo Road, with Simon Contracting in the amount of $28,700; 3) Approve the cost of relocating the existing electrical service to a new 400 amp pedestal by Southern California Edison in the amount of $2,623.52; and 4) Authorize the City Manager to execute all necessary documents, subject to review and approval by the City Attorney. A____.

2.Z. REIMBURSEMENT AGREEMENT RELATED TO SUBDIVISION IMPROVEMENTS FOR TRACT NO 30046 BETWEEN THE CITY OF PALM SPRINGS AND RIDGEBACK MONTE SERENO, LLC:
RECOMMENDATION: 1) Approve the proposed Reimbursement Agreement for Subdivision Improvements, Tract No. 30046 between the City of Palm Springs and Ridgeback Monte Sereno, LLC; AND 2) Authorize the City Manager to execute all necessary documents. A____.

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. CITY MANAGER’S SIX MONTH UPDATE ON THE ECONOMIC RECOVERY AND DEVELOPMENT PLAN
RECOMMENDATION: 1) Receive and file the update and status report; 2) Approve supplemental funding in the amount of $100,000 each for the Façade Improvement Program and the Commercial Interior Remodel Program; and 3) Approve and initiate a “New Residential Construction Incentive Program” with funding $400,000.

5. NEW BUSINESS:

5.A. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2010 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION: Appoint members to various Commissions and Boards as part of the 2010 Annual Recruitment of Boards and Commissions.

5.B. PROFESSIONAL SERVICES AGREEMENT WITH CHEVRON ENERGY SOLUTIONS COMPANY FOR THE CITYWIDE ENERGY MANAGEMENT PROJECT (CP 09-05):
RECOMMENDATION: 1) Approve an agreement with Chevron Energy Solutions, a division of Chevron USA, Inc., for energy management services for the Citywide Energy Management Project (CP 09-05); 2) Provide direction on the use of energy savings (maximization of general fund savings versus maximization of energy efficiency measures paid for with energy efficiency savings); 3) Provide direction on the use of solar photo-voltaic power at the Airport and City Hall parking lots as one available option to generate additional power to meet demand; and 4) Authorize the City Manager to execute all necessary documents. A____.

5.C. PURCHASE OF REAL PROPERTY FROM THE BUREAU OF LAND MANAGEMENT, 119.3 ACRES LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW AND INDIAN CANYON DRIVE, IN MERGED PROJECT AREA 1, FOR THE AMOUNT OF $2,102,000:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DIRECT PURCHASE OF 119.3 +- ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE FROM THE BUREAU OF LAND MANAGEMENT FOR $2,102,000; APPROVING THE PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT COMMUNITY COLLEGE DISTRICT, AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;” 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROPRIATING $2,102,000 FROM FUND BALANCE IN MERGED PROJECT AREA NO. 1;” and 3) Authorize the Executive Director to execute all necessary documents. 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, September 1, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a Closed Session in the Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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