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City Council Meeting Agenda and Staff Reports

October 2, 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: Rabbi Sally Olins, Temple Isaiah.

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. PRAETOR INVESTMENT, LLC, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 333 (PDD 333) AND TENTATIVE PARCEL MAP (TPM 35236) FOR THE DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL UNITS AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD:

Due to Size Limitations, Oversized Color Renderings Are On File In The Office of the City Clerk
Oversized Tract Map
 
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, RE-ADOPTING THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION NO. 200700845, AND APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 333 AND TENTATIVE PARCEL MAP 35236, FOR THE DEVELOPMENT OF A PROPOSED 200-ROOM HOTEL, 50 HIGH END RESIDENTIAL UNITS AND A PARKING STRUCTURE BY PRAETOR INVESTMENT, LLC ON APPROXIMATELY 10.7 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD.”

1.B. AMENDMENT NO. 1 TO SEWER CONSTRUCTION REFUND AGREEMENT NO. A3283 FOR A 20-YEAR EXTENSION WITH MICHAEL SIRELSON:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Approve Amendment No. 1 to Sewer Construction Refund Agreement No. A3283 for a 20-year extension with Michael Sirelson; 3) Authorize the City Manager to execute all necessary documents; and
4) Direct the City Clerk to record the executed Amendment with the Riverside County Recorder’s Office. A3283.

1.C. THE BUREAU OF INDIAN AFFAIRS ON BEHALF OF DIANA BOW AND LUCILLE BOW, ALLOTTEES, PROPOSING A TENTATIVE PARCEL MAP APPLICATION TO SUBDIVIDE A ROUGHLY FIVE (5) ACRE PARCEL INTO TWO CONFORMING PARCELS AND A CLASS 15 CATEGORICAL EXEMPTION (MINOR LAND DIVISIONS) PURSUANT TO CEQA FOR A PARCEL LOCATED ON THE NORTH SIDE OF ACANTO ROAD AND EAST OF LAS BRISAS WAY (CASE TPM 36431):
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 TENTATIVE PARCEL MAP SUBDIVIDING A ROUGHLY FIVE (5) ACRE PARCEL INTO TWO CONFORMING LOTS ON THE NORTH SIDE OF ACANTO ROAD AND EAST OF LAS BRISAS WAY, APN 512-220-006, ALLOTMENT 80C, ZONE R-1-B, CANYON SOUTH SPECIFIC PLAN, SECTION 35 (IL) (CASE TPM 36431).”

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 October 2, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of September 18, 2013, and September 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1065758 THROUGH 1065863 IN THE AGGREGATE AMOUNT OF $1,178,902.43, 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 8-31-13 BY WARRANTS NUMBERED 418293 THROUGH 418314 TOTALING $59,120.23, LIABILITY CHECKS NUMBERED 1065864 THROUGH 1065887 TOTALING $122,019.02, FIVE WIRE TRANSFERS FOR $44,756.61 AND THREE ELECTRONIC ACH DEBITS OF $1,118,526.58 IN THE AGGREGATE AMOUNT OF $1,344,422.44, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1065888 THROUGH 1065951 IN THE AGGREGATE AMOUNT OF $377,295.09, 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 1065952 THROUGH 1066099 IN THE AGGREGATE AMOUNT OF $1,840,573.44, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 9-14-13 BY WARRANTS NUMBERED 418315 THROUGH 418333 TOTALING $35,492.19, LIABILITY CHECKS NUMBERED 1066100 THROUGH 1066123 TOTALING $122,755.96, FIVE WIRE TRANSFERS FOR $44,794.26 AND THREE ELECTRONIC ACH DEBITS OF $1,104,475.91 IN THE AGGREGATE AMOUNT OF $1,307,518.32, DRAWN ON BANK OF AMERICA;” and 6) 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 1066124 THROUGH 1066256 IN THE AGGREGATE AMOUNT OF $4,285,870.12, DRAWN ON BANK OF AMERICA.”

2.D. ACCEPT THE RESIGNATION OF LYNNE BUSHORE FROM THE BOARD OF LIBRARY TRUSTEES:
RECOMMENDATION: 1) Accept with regret the resignation of Lynne Bushore; and 2) Direct the City Clerk to post a notice of vacancy for the unexpired term ending June 30, 2014.

2.E. INITIATE AN AMENDMENT TO THE PALM SPRINGS ZONING CODE REGARDING CHURCHES IN VARIOUS ZONES:
RECOMMENDATION: Initiate a Zone Text Amendment pursuant to Palm Springs Zoning Code Section 92.07.01.A.1.b regarding churches and refer to the Planning Commission.

2.F. AUTHORIZE THE PURCHASE OF NATURAL GAS:
RECOMMENDATION: 1) Authorize the City Manager to enter into an agreement for the purchase of natural gas for a 24-month term through November 30, 2015; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. APPROVE AN APPEAL OF THE PLANNING COMMISSION’S DECISION BY DONALD SKEOCH TO OVERTURN THE DENIAL OF A CONDITIONAL USE PERMIT FOR A LIGHTED TENNIS COURT AT THE ESTANCIAS DEVELOPMENT LOCATED AT 3182 LAS BRISAS WAY (CASE 5.1285 CUP):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPEAL BY DONALD SKEOCH TO OVERTURN THE PLANNING COMMISSION’S DENIAL OF A CONDITIONAL USE PERMIT FOR A LIGHTED TENNIS COURT AT THE ESTANCIAS DEVELOPMENT LOCATED AT 3182 LAS BRISAS WAY (CASE 5.1285 CUP).”

2.H. AIR SERVICE INCENTIVE PROGRAM FUNDING FOR DELTA AIR LINES AND SUN COUNTRY AIRLINES:
RECOMMENDATION: 1) Approve two Air Service Incentive Program Funding agreements with Delta Air Lines for $50,000 each, and one Air Service Incentive Program Funding agreement with Sun Country Airlines for $50,000, in an amount not to exceed a total of $150,000; and 2) Authorize City Manager to execute all necessary documents. A____. A____. A____.


2.I. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF EL CIELO ROAD, SHOWN AS PARCEL 1 AND PARCEL 2 ON PARCEL MAP 7883, BK 25/15 (FILE R 13-10):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING RIGHT-OF-WAY FOR A PORTION OF EL CIELO ROAD, SHOWN AS PARCEL 1 AND PARCEL 2 ON PARCEL MAP 7883, BK 25/15, WITHIN SECTION 18, T.4S., R.5E. (FILE R 13-10).”

2.J. ADOPT THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS.”

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. FISCAL YEAR 2013-14 MEASURE J PROJECT/PROGRAM FUNDING RECOMMENDATIONS AND CERTAIN MULTI-YEAR PROJECTS:
RECOMMENDATION: 1) Approve appropriations for certain projects and/or program funding for Fiscal Year 2013-14 in the amount of $4,835,400; 2) Approve funding for two multi-year projects in the amount of $1,291,000 for Fiscal Year 2014-15 and $1,000,000 for Fiscal Year 2015-16; and 3) Authorize the City Manager to execute all budget transfers necessary to effectuate the City Council action on appropriations.

5. NEW BUSINESS:

5.A. AMENDMENT NO. 1 TO THE 2013-14 ALLOCATED POSITIONS AND COMPENSATION PLAN TO REORGANIZE THE CITY’S VARIOUS MAINTENANCE DIVISIONS AND PROVIDE FOR A DIRECTOR OF MAINTENANCE AND FACILITIES:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2013-14, ADOPTED BY RESOLUTION 23340;” and 2) Authorize the City Manager to execute all documents necessary to effectuate this action, including creation of the new Maintenance and Facilities Department and the consolidation of Facilities, Parks Maintenance and Downtown Maintenance in the City’s budget and accounting systems.

5.B. APPROVE AN AGREEMENT FOR TOURISM AND MANAGEMENT SERVICES WITH SMG FOR THE MANAGEMENT OF THE PALM SPRINGS CONVENTION CENTER AND THE PALM SPRINGS BUREAU OF TOURISM, FOR A PERIOD ENDING JUNE 30, 2018:
RECOMMENDATION: 1) Approve a five-year agreement for Tourism and Convention Center Management Services, with two five-year city-optional extensions, by and between the City of Palm Springs, a Municipal Corporation, and SMG, a Pennsylvania General Partnership; and 2) Authorize the City Manager 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 Wednesday, October 16, 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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