City Council Meeting
- Date: 01/07/2009 6:00 PM
- Location: City Hall Council Chamber
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
Steve Pougnet, Mayor
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, 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, Palm Springs Library and the Palm Springs Police Station. 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
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
CALL TO ORDER:
PUBLIC COMMENT: 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: See Closed Session Agenda.
6:00 P.M. CITY COUNCIL REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.
INVOCATION: Pastor David Sanger, Our Savior’s Community Church.
PRESENTATIONS: Introduction of Date Festival Queen Sheherazade and her Court.
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. APPLICATION TO AMEND THE PALM SPRINGS ZONING CODE RELATING TO THE LOCATION AND OPERATION OF MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the ordinance text in its entirety and read by title only; and 3) Introduce on first reading Ordinance No._____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B, 92.17.01-A, AND 92.17.1.01 OF, AND ADDING SUBSECTION N TO SECTION 92.17.03 AND SUBSECTION N TO SECTION 92.17.1.03 OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES.”
1.B. FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FINAL SEIR) FOR THE SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN:
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 SUPPLEMENTAL EIR FOR THE SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN.”
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 7, 2009, City Council Agenda.
2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 17, 2008.
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 1032445 THROUGH 1032602 IN THE AGGREGATE AMOUNT OF $3,378,540.42, 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 1032603 THROUGH 1032793 IN THE AGGREGATE AMOUNT OF $2,514,572.82, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED THROUGH 12-13-08 BY WARRANTS NUMBERED 414167 THROUGH 414221 TOTALING $97,410.41, LIABILITY CHECKS NUMBERED 1032794 THROUGH 1032814 TOTALING $154,337.35, FOUR WIRE TRANSFERS FOR $66,395.19, AND THREE ELECTRONIC ACH DEBITS OF $1,405,170.74, IN THE AGGREGATE AMOUNT OF $1,723,313.69, DRAWN ON BANK OF AMERICA.”
2.D. APPLICATION BY SOUTHWEST REAL ESTATE HOLDINGS, LLC, FOR A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR A PARCEL AT THE NORTHWEST CORNER OF SUNNY DUNES ROAD AND SUNRISE WAY; AND TENTATIVE TRACT MAP 28308 TO SUBDIVIDE A PORTION OF A 3.2 ACRE PARCEL FRONTING SUNNY DUNES ROAD INTO SEVEN RESIDENTIAL LOTS, CASE 5.1175 GPA, CZ, TTM 28308:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING CASE 5.1175 GPA, CZ, TTM 28308, A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FOR A REMAINDER PARCEL OF APPROXIMATELY 1.57-ACRES AT THE NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY FROM VLDR (VERY LOW DENSITY RESIDENTIAL) TO NCC (NEIGHBORHOOD COMMUNITY COMMERCIAL), A CHANGE OF ZONE FOR THE REMAINDER PARCEL FROM RMHP (RESIDENTIAL MOBILE HOME PARK) TO C-1 (COMMERCIAL-1), AND TENTATIVE TRACT MAP 28308; SECTION 23, TOWNSHIP 4, RANGE 4.”
2.E. ACCEPTANCE OF HOMELAND SECURITY GRANT FROM THE CALIFORNIA OFFICE OF HOMELAND SECURITY IN THE AMOUNT OF $365,494 FOR FISCAL YEAR 2008-09:
RECOMMENDATION: 1) Accept a grant from the California Department of Homeland Security through the Riverside County Office of Emergency Services in the amount of $365,494 for Fiscal Year 2008-09; and 2) Authorize the City Manager to execute all necessary documents. A____.
2.F. TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT MODIFICATION AND BUDGET AMENDMENT:
RECOMMENDATION: 1) Approve a maximum contract amount of $250,235.21 for Agreement No. A4725 with Riverside County, Department of Transportation, for traffic signal maintenance for Fiscal Year 2007-08; 2) Approve Resolution No. , “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2008-2009 FISCAL YEAR;” and 3) Authorize the City Manager to execute all necessary documents. A4725.
2.G. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5700 WITH GRANITE CONSTRUCTION COMPANY, FOR THE FISCAL YEAR 2007-08 ANNUAL ARHM OVERLAY, CP 07-17:
RECOMMENDATION: 1) Approve Change Order No. 2 to Agreement No. A5700 with Granite Construction Company, in an amount of $52,495.51 for a revised total contract amount of $1,497,039.51 for the Fiscal Year 2007-08 Annual ARHM Overlay, CP 07-17; and 2) Authorize the City Manager to execute all necessary documents. A5700.
2.H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID PALM SPRINGS STORM DRAIN LINE 22, STAGE 2, CP 07-15:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;” and 2) Approve the plans, specifications, and working details for the Palm Springs Storm Drain Line 22, Stage 2, CP 07-15.
2.I. CITY HALL AND DOG PARK PARKING LOT REPAIRS, PHASE 1, CP 01-17:
RECOMMENDATION: 1) Approve the revised parking lot layout; and 2) Provide advance approval of the plans, specifications, and working details for the City Hall and Dog Park Parking Lot Repairs, Phase 1, CP 01-17.
2.J. ACCEPT WITH REGRET THE RESIGNATION OF NANCY BENTINCK FROM THE RESOURCE CONSERVATION COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Nancy Bentinck; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010.
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:
5.A. DISCUSSION ITEM, BUILDING INDUSTRY ASSOCIATION’S REQUEST FOR WAIVER OF FEES:
RECOMMENDATION: Direct staff as appropriate.
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, January 14, 2009, at 6:00 P.M. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.