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City Council Meeting Agenda and Staff Reports

February 5, 2014

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS 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
Paul Lewin, 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, 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 Channels 17, 26.103, and 121. 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 David Sanger, Our Savior’s Community Church.

ROLL CALL:

PRESENTATIONS:

Presentation of the Fiscal Year 2012-13 Audit by Lance Soll and Lunghard LLP, the City’s independent auditors.

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. AT&T MOBILITY ON BEHALF OF SHARON DEAN FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF A FORTY-EIGHT FOOT TALL MONOPOLE DESIGNED AS A PALM TREE AND A VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED FROM 15' TO 48' LOCATED AT 4185 EAST PALM CANYON (CASE 5.1295 CUP / 6.528 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, APPROVING A CONDITIONAL USE PERMIT TO INSTALL AND OPERATE A WIRELESS COMMERCIAL COMMUNICATIONS FACILITY ON THE ROOF OF AN EXISTING BUILDING LOCATED AT 4185 EAST PALM CANYON (CASE 5.1295/6.528 VAR).”

1.B. JUDY DEERTRACK APPEALING THE PLANNING COMMISSION DECISION TO UPHOLD THE PLANNING DIRECTOR’S DECISION TO CONDITIONALLY APPROVE A LAND USE PERMIT FOR OUTDOOR ENTERTAINMENT / MUSICIANS AS ACCESSORY TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE (CASE LUP 13-067):
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, UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING A LAND USE PERMIT FOR OUTDOOR ENTERTAINMENT / MUSICIANS AS ACCESSORY TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE, AND DENYING THE APPEAL BY JUDY DEERTRACK, ZONE PD-131/I.L (CASE LUP 13-067). “

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 February 5, 2014, City Council Agenda.

2.B. FISCAL YEAR 2012-13 AUDIT BY THE CITY’S INDEPENDENT AUDITORS:
RECOMMENDATION: Receive and file the Fiscal Year 2012-13 Audit.

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 12-21-13 BY WARRANTS NUMBERED 418434 THROUGH 418450 TOTALING $37,583.44, LIABILITY CHECKS NUMBERED 1068198 THROUGH 1068221 TOTALING $117,144.30, FIVE WIRE TRANSFERS FOR $53,719.67 AND THREE ELECTRONIC ACH DEBITS OF $1,247,341.71 IN THE AGGREGATE AMOUNT OF $1,455,789.12, 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 1068222 THROUGH 1068306 IN THE AGGREGATE AMOUNT OF $2,778,094.06, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 01-04-14 BY WARRANTS NUMBERED 418451 THROUGH 418467 TOTALING $32,801.94, LIABILITY CHECKS NUMBERED 1068307 THROUGH 1068330 TOTALING $115,295.63, FIVE WIRE TRANSFERS FOR $50,574.19 AND THREE ELECTRONIC ACH DEBITS OF $1,153,218.77 IN THE AGGREGATE AMOUNT OF $1,351,890.53, 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 1068331 THROUGH 1068436 IN THE AGGREGATE AMOUNT OF $1,030,000.02, DRAWN ON BANK OF AMERICA;” and 5) 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 1068437 THROUGH 1068595 IN THE AGGREGATE AMOUNT OF $1,609,045.61, DRAWN ON BANK OF AMERICA.”

2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1839 AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY’S OUTDOOR LIGHTING STANDARDS:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1839, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY’S OUTDOOR LIGHTING STANDARDS.”

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1840 AMENDMENT TO THE PALM SPRINGS ZONING CODE TO ESTABLISH AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1840, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPH 3 OF SUBSECTION B OF SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE ESTABLISHING AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES UNDER THE ZONING CODE.”

2.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1841 AMENDMENTS TO THE PALM SPRINGS ZONING CODE REGARDING RELIGIOUS INSTITUTIONS:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1841, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION B OF SECTION 91.00.10, SUBSECTION C OF SECTION 92.08.01, SUBSECTIONS A AND D OF SECTION 92.09.01, SUBSECTION C OF SECTION 92.10.01, SUBSECTION A OF SECTION 92.11.01, SUBSECTION A OF SECTION 92.12.01, SUBSECTION A OF SECTION 92.14.01, SUBSECTION A OF SECTION 92.15.01, PARAGRAPH 1 OF SUBSECTION C OF SECTION 92.13.01, AND PARAGRAPH 1 OF SUBSECTION A OF SECTION 94.01.01, OF THE PALM SPRINGS ZONING CODE, ADOPTING A DEFINITION FOR “RELIGIOUS INSTITUTIONS” AND ESTABLISHING RELIGIOUS INSTITUTIONS AS A USE PERMITTED AS A MATTER OF RIGHT, CONDITIONAL USE PERMIT, OR LAND USE PERMIT IN SPECIFIED ZONES, REQUIRING A CONDITIONAL USE PERMIT FOR ALL ASSEMBLY USES IN THE CBD ZONE, AND AUTHORIZING INITIATION OF ZONING CODE AMENDMENTS BY THE DIRECTOR OF PLANNING SERVICES.”

2.G. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2013:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2013.

2.H. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE APPROVED BY THE VOTERS BY MEASURE "G" PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050:
RECOMMENDATION: Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE VOTERS BY MEASURE G."

2.I. TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
RECOMMENDATION: Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS."
A6192 Tract Map 28308 “AE3 at Sunny Dunes”, extend to January 17, 2015.
A4814 Tract Map 28966 "Preserve Estates", extend to June 18, 2015.
A4955 Tract Map 30050 "Alta", extend to February 3, 2015.
A5086 Tract Map 32233-1 Escena", extend to April 2, 2015.
A5087 Tract Map 32233-2 Escena", extend to April 2, 2015.
A5088 Tract Map 32233-3 Escena", extend to April 2, 2015.
A5089 Tract Map 32233-4 Escena", extend to April 2, 2015.
A5100 Tract Map 31263 "The Towers", extend to February 3, 2015.
A5105 Tract Map 32160 "Enclave", extend to February 18, 2015.
A5131 Tract Map 30046 "Monte Sereno", extend to March 18, 2015.
A5155 Tract Map 31514 "Luminaire", extend to June 18, 2015.
A5246 Tract Map 33561 "Palermo", extend to April 2, 2015.
A5324 Tract Map 33933 "Murano", extend to May 24, 2015.
A5393 Tract Map 31848-1 "Avalon", extend to May 4, 2015.
A5426 Tract Map 32732 "Oceo", extend to May 20, 2015.
A5436 Tract Map 33161 "Vista San Jacinto", extend to August 9, 2015.

2.J. RENEW AN AGREEMENT WITH PYRANET LLC FOR THE BILLING AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND CONTINUANCE OF THE ALARM DIVERSION PROGRAM:
RECOMMENDATION: 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, false alarm billings, and continue the On-Line Alarm Diversion Program for three years; and
2) Authorize the City Manager to execute all necessary documents. A5409.

2.K. ADMINISTRATIVE ANALYSIS OF RESIDENTIAL PROJECT ON TRIBAL TRUST LAND CONSISTING OF EIGHTEEN SINGLE FAMILY RESIDENCES ON ROUGHLY 2.3 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF TWIN PALMS AND SOUTH CAMINO REAL (CASE 5.1323 MISC.):
RECOMMENDATION: Receive and file the 18 @ Twin Palms Administrative Analysis.

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

2.M. AIR SERVICE INCENTIVE PROGRAM FUNDING AWARD TO AMERICAN AIRLINES:
RECOMMENDATION: 1) Approve air service incentive funding for American Airlines in an amount not to exceed $30,000; and 2) Authorize City Manager to execute all necessary documents. A____.

2.N. TERMINATION OF A DEVELOPMENT AGREEMENT AND DISPOSITION AND DEVELOPMENT AGREEMENT WITH WYNDHAM VACATION INC., FORMERLY FAIRFIELD RESORTS, INC. FOR THE STAR CANYON RESORT PROJECT:
RECOMMENDATION: 1) Approve the termination of the Development Agreement and Disposition and Development Agreement with Wyndham Vacation Inc., formerly Fairfield Resorts, Inc. and 2) Authorize the City Manager to execute all necessary documents, and authorize the City Clerk to record appropriate documents. DA A4823. DDA A0428c.

2.O. APPROVE AN AGREEMENT WITH CAPITAL ACCOUNTING PARTNERS, LLC TO PROVIDE STUDIES TO CALCULATE THE COST OF USER FEES AND PREPARE AN INDIRECT COST ALLOCATION PLAN:
RECOMMENDATION: 1) Approve an agreement with Capital Accounting Partners, LLC to prepare a User Fee Study and Indirect Cost Allocation Plan for the City’s various departments in an amount not to exceed $52,330; 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 A USER FEE STUDY AND COST ALLOCATION PLAN;” and 3) 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. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.05.125, TO CHANGE FROM PRE-1945 TO PRE-1969, THE AGE OF BUILDINGS ELIGIBLE FOR UP TO A SIX MONTH STAY OF DEMOLITION:
RECOMMENDATION: Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance
No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. VACATION RENTAL REGULATIONS AND APPROVAL OF AN AGREEMENT WITH VACATION RENTAL COMPLIANCE:
RECOMMENDATION: 1) Direct staff to prepare an ordinance to amend vacation rental regulations; 2) Direct staff to prepare amendments to the Comprehensive Fee Schedule for vacation rental registration and renewal; 3) Waive the requirements of PSMC Section 7.04.050 and approve Amendment No. 1 to Agreement No. A6467 with Vacation Rental Compliance for a three-year term at the stated hourly rates; and
4) Authorize the City Manager to execute all necessary documents. A6467.

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, February 19, 2014, 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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