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City Council Meeting Agenda and Staff Reports

July 3, 2013

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
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Paul Lewin, 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, Chief of Staff/City Clerk
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and 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.

4:30 P.M. CLOSED SESSION

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: Boy Scout Troop 262.

INVOCATION: Pastor Jerrold Thompson, Hope Community Seventh-Day Adventist Church.

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. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2013-14:
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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 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 2013-14 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12.”


1.B. APPROVAL OF A 15 YEAR EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT WITH PALM SPRINGS DISPOSAL:     Franchise Agreement     Franchise Agreement Exhibits
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive reading of the full text and adopt Urgency Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES, A CALIFORNIA CORPORATION;” 3) Waive the reading of the full text and introduce Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES, A CALIFORNIA CORPORATION;” 4) Waive the reading of the full text and introduce Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076, AND 6.04.100 TO, AND AMENDING SECTIONS 6.04.010, 6.04.020, 6.040.40, AND 6.04.234 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL SERVICES;” 5) Authorize the City Manager to execute all necessary documents; and 6) Appoint the Director of Public Works and/or designee as the City Ombudsman pursuant to the Agreement. A_____.

1.C. WHITEWATER SOLAR, LLC FOR 7.75 ACRES OF “TAKE” PURSUANT TO THE GUIDELINES OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR THE DEVELOPMENT OF A 3 MEGAWATT SOLAR ENERGY PRODUCTION FACILITY ON ROUGHLY 12 ACRES OF A 108-ACRE PARCEL LOCATED AT 58641 TIPTON ROAD (CASE 5.1277 CUP): Part 2 of Staff Report
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 IN PART 7.75 ACRES OF ‘TAKE’ FROM THE WHITEWATER RIVER CONSERVATION AREA CONDITIONAL ON THE APPROVAL OF ALL APPLICABLE AGENCIES AND JURISDICTIONS OF AN EQUIVALENT AMOUNT OF NEW LAND (LIKE EXCHANGE) TO BE ADDED TO THE CONSERVATION AREA PURSUANT TO THE GUIDELINES OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) FOR THE DEVELOPMENT OF A 3 MEGAWATT SOLAR ENERGY PRODUCTION FACILITY ON A ROUGHLY 12 ACRE PORTION OF A 108 ACRE PARCEL LOCATED AT 58641 TIPTON ROAD (APN: 522-080-065).”

1.D. CRESCENDO, LLC FOR A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF ZONE CHANGE TO ALLOW A TWO-STORY, DETACHED SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND A TENTATIVE TRACT MAP TO SUBDIVIDE 6.37 ACRES INTO 43 RESIDENTIAL LOTS, COMMON AREA PARCELS, AND PRIVATE STREETS LOCATED ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF MORONGO ROAD (CASE 5.1297 PDD 364 TTM 36548)Oversized documents from Staff Report
RECOMMENDATION: 1) Continue the public hearing from June 5, 2013, and receive public testimony; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CONSTRUCTION OF 43 TWO-STORY, DETACHED SINGLE FAMILY RESIDENCE DEVELOPMENT AND A TENTATIVE TRACT MAP FOR THE SUBDIVISION OF ROUGHLY 6.37 ACRES INTO 43 RESIDENTIAL LOTS, COMMON AREAS, AND PRIVATE STREETS LOCATED ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF MORONGO ROAD (CASE 5.1297 PDD 364 TTM 36548);” 3) Waive the reading of the ordinance text in its entirety and read by title only; and 4) Introduce on first reading Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 364 IN LIEU OF A CHANGE OF ZONE FOR APPROXIMATELY 6.37 ACRES ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF MORONGO ROAD (PDD 364).”

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 THE POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the
July 3, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council and Finance Authority Minutes of June 19, 2013.

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 6-08-13 BY WARRANTS NUMBERED 418182 THROUGH 418198 TOTALING $34,455.62, LIABILITY CHECKS NUMBERED 1064083 THROUGH 1064107 TOTALING $121,687.70, FIVE WIRE TRANSFERS FOR $40,768.56 AND THREE ELECTRONIC ACH DEBITS OF $1,051,402.10 IN THE AGGREGATE AMOUNT OF $1,248,313.98, 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 1064108 THROUGH 1064222 IN THE AGGREGATE AMOUNT OF $589,618.40, 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 1064223 THROUGH 1064382 IN THE AGGREGATE AMOUNT OF $2,863,310.52, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1822, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE FOR ROUGHLY 7.11 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1822, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE FOR ROUGHLY 7.11 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND
AMADO ROAD.”

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1823, REGARDING REGULATIONS PERTAINING TO FIRE COMMAND CENTER REQUIREMENTS:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1823, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SUBSECTION 21 OF SECTION 8.04.510 OF THE PALM SPRINGS MUNICIPAL CODE, PERTAINING TO FIRE COMMAND CENTER REQUIREMENTS.”

2.F. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH WOODRUFF, SPRADLIN & SMART FOR LEGAL SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement
No. A5022 with Woodruff, Spradlin & Smart for Legal Services; and
2) Authorize the City Manager to execute the Amendment to the Agreement. A5022.

2.G. ACCEPT THE RESIGNATION OF RANDY LOWE FROM THE PARKS AND RECREATION COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of
Randy Lowe from the Parks and Recreation Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2014.

2.H. ACCEPT THE RESIGNATION OF STACI SCHAFER FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of
Staci Schafer from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2015.

2.I. TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2013:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of May 31, 2013.

2.J. FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT IMPLEMENTATION AGREEMENT:
RECOMMENDATION: 1) Approve the First Amendment to the National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement; and 2) Authorize the City Manager to execute all necessary documents. A5624.

2.K. AMENDMENT NO. 3 TO AGREEMENT NO. A5862 WITH KEENAN & ASSOCIATES FOR LOSS CONTROL AND REGULATORY SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 3 to consulting services agreement with Keenan & Associates for Loss Control and Regulatory Services in the amount of $65,000; and 2) Authorize he City Manager to execute all necessary documents. A5862.

2.L. FISCAL YEAR 2013-14 PROJECT/PROGRAM FUNDING RECOMMENDATIONS FROM THE MEASURE “J” OVERSIGHT COMMISSION:
RECOMMENDATION: 1) Receive and File the Measure “J” Oversight Commission funding recommendations for Fiscal Year 2013-14 and certain multi-year funding recommendations; 2) Direct the City Clerk to place the Commission funding recommendations on a City Council agenda in September, for discussion and approval of specific funding; and 3) Authorize the City Manager to execute budget transfers for two capital projects, the Welwood Murray Memorial Library Remodel Project, in the amount of $582,446, and the Uptown Crosswalk Project, in the amount of $126,000.

2.M. APPOINT A MEMBER TO THE PARKS AND RECREATION COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2014:
RECOMMENDATION: Appoint Cosimo Aiello to the Parks and Recreation Commission for the unexpired term ending June 30, 2014.

2.N. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY FOR WALGREENS CO. IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR PROPERTY AT 2465 EAST PALM CANYON DRIVE, BUILDING 14 (CASE 5.1242-PCN):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS FOR CONSUMPTION OFF-SITE (TYPE 21 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR PROPERTY LOCATED AT 2465 EAST PALM CANYON DRIVE, BUILDING 14.”

2.O. 2012-13 ANNUAL SLURRY SEAL (CP 13-02):
RECOMMENDATION: 1) Approve an agreement for the 2012-13 Annual Slurry Seal Project for certain Bid Schedules (CP 13-02); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.P. GRANT CONSERVATION EASEMENT AND APPROVE COMPLIANCE MONITORING AND FUNDING AGREEMENT WITH THE CENTER FOR NATURAL LANDS MANAGEMENT (CNLM) FOR THE BOGERT WASH PRESERVE AS A RESULT OF THE BOGERT TRAIL BRIDGE PROJECT TO MITIGATE FOR THE CASEY’S JUNE BEETLE (CP 07-03):
RECOMMENDATION: 1) Grant a Conservation Easement to Center for Natural Lands Management; 2) Approve Compliance Monitoring and Funding Agreement with Center for Natural Lands Management for the Bogert Wash Preserve, and 3) Authorize the City Manager to execute all necessary documents. A____.

2.Q. APPROVAL OF A CONFORMITY REPORT FOR PHASE II OF THE VILLAGE TRADITIONS PROJECT, LOCATED ON TRIBAL TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AT THE NORTHEAST CORNER OF EAST RAMON ROAD AND CALLE EL SEGUNDO (CASE 5.1001):
Part 2 of Staff Report
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT ON THE PROPOSED PHASE II OF THE VILLAGE TRADITIONS PROJECT, LOCATED ON TRIBAL TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE 5.1001).”

2.R. AMENDMENT NO. 1 TO AGREEMENT NO. A6037 WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) FOR EXPANSION OF THE COACHELLA VALLEY INNOVATION HUB (CVIHUB) ACCELERATOR CAMPUS LOCATED AT 2901 EAST ALEJO ROAD:
RECOMMENDATION: 1) Approve Amendment No. 1 to the Lease Agreement No. A6037 with CVEP to add Building 5, consisting of 3,500 s/f; and 2) Authorize the City Manager to execute all necessary documents. A6037.

2.S. AUTHORIZE PURCHASE OF 15 NEW REPLACEMENT VEHICLES (6 OF WHICH ARE HYBRIDS OR ALTERNATIVE FUEL VEHICLES) FOR THE PALM SPRINGS POLICE DEPARTMENT:
RECOMMENDATION: 1) Approve the purchase of 15 new replacement vehicles for the Palm Springs Police Department in an amount not to exceed $626,000; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2013-14 FOR POLICE DEPARTMENT REPLACEMENT VEHICLES.”

2.T. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $21,188 AND APPROVE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF RIVERSIDE AND OTHER PARTICIPATING CITIES FOR THE ADMINISTRATION OF THE GRANT:
RECOMMENDATION: 1) Approve the acceptance of a grant award from the United States Department of Justice in the amount of $21,188, for the 2013 Justice Assistance Grant (JAG) Program; 2) Approve an Interlocal Agreement with the County of Riverside, and other participating cities within Riverside County, for the County of Riverside to administer the grant on behalf of participating agencies; and 3) Authorize the City Manager to execute all necessary documents. A6244.

2.U. AWARD OF CONTRACT TO MARINA LANDSCAPE, INC. FOR THE TAHQUITZ CANYON WAY SECTION 14 MEDIANS PROJECT IN THE AMOUNT OF $1,688,150 (CP 08-20):
RECOMMENDATION: 1) Approve an agreement with Marina Landscape, Inc. for the construction of the Tahquitz Canyon Way Section 14 Medians Project in the amount of $1,688,150 (CP 08-20); 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:

3.A. URGENCY ORDINANCE ADDING SECTION 6.08.150 TO THE PALM SPRINGS MUNICIPAL CODE PROHIBITING THE OPERATION OF MOBILE MARIJUANA DISPENSARIES IN THE CITY:
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING THE OPERATION OF MOBILE MARIJUANA DISPENSARIES IN THE CITY.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 18-20, 2013:
RECOMMENDATION: Appoint a Member of the City Council as the Voting Delegate, and appoint a Member of the City Council as the Alternate Voting Delegate for the 2013 League of California Cities Annual Conference in Sacramento, California, September 18-20, 2013.

5.B. CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 5, 2013, GENERAL MUNICIPAL ELECTION, REGARDING A TAX ON THE OPERATIONS OF CANNABIS COLLECTIVES:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A TAX ON THE OPERATIONS OF CANNABIS COOPERATIVES, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, AS CALLED BY RESOLUTION NO. 23368;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AT THE
NOVEMBER 5, 2013, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”

5.C. CREATION OF “SPECIAL ECONOMIC DEVELOPMENT FOCUS AREAS INCENTIVE PROGRAM AREAS” FOR THE BUSINESS DISTRICTS GENERALLY LOCATED ON PALM CANYON DRIVE AND INDIAN CANYON DRIVE FROM TRAMWAY ROAD TO TACHEVAH ROAD, AND FROM RAMON ROAD TO SUNRISE WAY, INCLUDING EAST SUNNY DUNES FROM PALM CANYON DRIVE TO CALLE ENCILIA:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CREATION OF SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE PROGRAM AREAS AND THE ALLOCATION OF FUNDS FOR SUCH A PROGRAM FOR FISCAL YEAR 2013-14;” 2) Allocate $1,000,000 in Fiscal Year 2013-14 for the Program Areas; 3) Authorize the City Manager to execute an appropriate budget transfer; and 4) Authorize the City Manager to execute all documents related to the Incentive Agreements.

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 Wednesday, September 4, 2013, 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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