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City Council Meeting

January 5, 2011

CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA

January 5, 2011

4:00 PM CLOSED SESSION  /  6:00 PM REGULAR MEETING

Steve Pougnet, Mayor
Lee Weigel, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Chris Mills, 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. 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: Rev. Kevin A. Johnson, Bloom in the Desert Ministries.

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. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110 HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4 OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN TERMINUS OF WEST RACQUET CLUB ROAD (CASE NO 5.1154 SP):
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, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING A GENERAL PLAN AMENDMENT RELATED TO CASE 5.1154 SP; MODIFYING THE BOUNDARIES OF PLANNING AREA 3 AND PLANNING AREA 4 OF THE SPECIAL POLICY LAND USE AREA OF THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY CITY COUNCIL RESOLUTION NO. 22077;” 3) Waive reading of the full text of the Ordinance, and introduce by title only; 4) Introduce for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE DESIGNATION OF AN APPROXIMATE 12 ACRE PORTION OF PLANNING AREA 4 TO PLANNING AREA 3 IN THE ENVIRONMENTALLY SENSITIVE AREA – SPECIFIC PLAN (ESA-SP) ZONE AND ADOPTING THE DESERT PALISADES SPECIFIC PLAN WHICH MODIFIES THE DENSITY AND DEVELOPMENT STANDARDS FOR PLANNING AREA 4 OF THE ESA-SP ZONE LOCATED IN THE VICINITY OF TRAM WAY AND WEST OF THE WESTERN TERMINUS OF RACQUET CLUB ROAD, SECTION 4 (IL);” and 5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROVING TENTATIVE TRACT MAP 35540 RELATED TO CASE 5.1154 SP; A SUBDIVISION OF APPROXIMATELY 117 ACRES FOR 11O HOMESITES, PRIVATE ROADS, PUBLIC TRAILS, OPEN SPACE, AND AN APPROXIMATE 1.7 ACRE PARCEL FOR A DESERT WATER AGENCY DUAL TANK RESERVOIR IN PLANNING AREA 4 OF THE ENVIRONMENTALLY SENSITIVE AREA – SPECIFIC PLAN ZONE (ESA-SP) LOCATED AT THE WESTERN TERMINUS OF RACQUET CLUB ROAD; SECTION 4(IL).” 

1.B. DESERT SUN CENTER, LLC APPLICATION FOR A TYPE II CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD BANK AND DISTRIBUTION FACILITY TO THE ECONOMICALLY DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH BELARDO ROAD (CASE 5.1255):
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, APPROVING A TYPE II CONDITIONAL USE PERMIT FOR GOLDEN RAINBOW CENTER TO ALLOW THE OPERATION OF A FOOD BANK AND FOOD DISTRIBUTION FACILITY TO ECONOMICALLY DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH BELARDO ROAD (CASE NO. 5.1255 CUP).”

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 January 5, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 8, 2010; and 2) Approve the City Council/Community Redevelopment Agency Minutes of December 15, 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 11-27-10 BY WARRANTS NUMBERED 416258 THROUGH 416284 TOTALING $52,053.02, LIABILITY CHECKS NUMBERED 1045784 THROUGH 1045805 TOTALING $127,693.71, FIVE WIRE TRANSFERS FOR $58,876.25, AND THREE ELECTRONIC ACH DEBITS OF $1,381,826.93, IN THE AGGREGATE AMOUNT OF $1,620,449.91, 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 1045806 THROUGH 1045845 IN THE AGGREGATE AMOUNT OF $405,601.48, 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 1045846 THROUGH 1046011 IN THE AGGREGATE AMOUNT OF $2,548,325.61, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1782, DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1782, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING ORDINANCE NO. 1672 AND DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS.”

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1783, CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSIONS AND BOARDS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1782, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030 TO CHAPTER 2.06 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSIONS AND BOARDS.”

2.F. RATIFYING ACTIONS OF THE CITY MANAGER PROCLAIMING THE EXISTENCE OF A “LOCAL EMERGENCY” DUE TO THE DECEMBER 2010 WINTER STORM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES, PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 2.20, RELATING TO THE DECEMBER 2010, WINTER STORM (“STORM”).

2.G. ORGANIC SOLUTIONS OF THE DESERT – AMEND A REGULATORY PERMIT FOR OPERATING A MEDICAL CANNABIS COOPERATIVE, TRANSFERRING THE PERMIT FROM 560 WILLIAMS ROAD TO 4765 RAMON ROAD:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO AMEND A PREVIOUSLY APPROVED REGULATORY PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE CHANGING THE LOCATION FROM 560 WILLIAMS ROAD TO 4765 EAST RAMON ROAD, ZONE M-1 SECTION 19, TOWNSHIP 4, RANGE 5 (CASE MC 09-002 AMND).”

2.H. SUPPLEMENTAL STORAGE SPACE AGREEMENT TO AGREEMENT NO. A4159 WITH THE PARADIES SHOPS, LLC:
RECOMMENDATION: 1) Approve a Supplemental Storage Space Use Agreement to Agreement No. A4159 with The Paradies Shops, LLC through June 30, 2011: 2) Authorize the City Manager to execute all necessary documents. A4159.

2.I. BUSINESS IMPROVEMENT DISTRICT FUNDING:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET TRANSFER FOR FISCAL YEAR 2010-11.”

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

3. LEGISLATIVE: - None.

4. UNFINISHED BUSINESS: - None.

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 Study Session, Wednesday, January 12, 2011, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.


 

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