CITY COUNCIL
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
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, Councilmember
Chris Mills, 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: Rabbi Sally Olins, Temple Isaiah.

ROLL CALL:

PRESENTATIONS: Great Southern California Shakeout Drill.

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 BY MICHAEL CARTWRIGHT OF PALM SPRINGS TREATMENT CENTERS FOR A CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE, FOR AN ASSISTED LIVING FACILITY AT 168 VIA ESCUELA ROAD, CASE 5.1193 CUP, PDD 354:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 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, APPROVING CASE 5.1193, PDD 354, A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE FOR A 28-BED ASSISTED LIVING FACILITY LOCATED AT 168 VIA ESCUELA ROAD, ZONE R-2, SECTION 3, TOWNSHIP 4, RANGE 4.”

1.B. OLYMPIAN VILLAS, A PROPOSED DEVELOPMENT OF A 38-UNIT SENIOR LIVING CONDOMINIUM COMPLEX ON AN APPROXIMATE 2.66-ACRE PARCEL LOCATED AT 1551 EAST AMADO ROAD, TENTATIVE TRACT MAP 35998, CASE 3.3274 MAJ:
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 TENTATIVE TRACT MAP 35998 FOR THE DEVELOPMENT OF A 38-UNIT SENIOR LIVING CONDOMINIUM COMPLEX, ON APPROXIMATELY 2.66 ACRES, LOCATED AT 1550 EAST AMADO ROAD, ZONE MR, SECTION 14 (IL).”

1.C. AVALON DEVELOPMENT INCORPORATED REQUESTING APPROVAL OF TENTATIVE PARCEL MAP 35958 TO SUBDIVIDE AN APPROXIMATE 6.55 ACRE PARCEL FOR CONDOMINIUM PURPOSES FOR THE PROPOSED DESERT OASIS INDUSTRIAL LOFTS LOCATED AT 400 WEST SAN RAFAEL DRIVE, CASE TPM 35958:
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 TENTATIVE PARCEL MAP 35958 TO SUBDIVIDE AN APPROXIMATE 6.55 ACRE PARCEL FOR CONDOMINIUM PURPOSES FOR THE PROPOSED DESERT OASIS INDUSTRIAL LOFTS LOCATED AT 400 WEST SAN RAFAEL DRIVE, ZONE M-1, SECTION 34.” 

1.D. RIGHT-OF-WAY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT IN TRACT 32233-1, RECORDED IN BOOK 381 OF MAPS, PAGE 59-67, INCLUSIVE, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST:
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, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A PORTION OF A TEN FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED IN LOTS 28 THROUGH 33 OF TRACT MAP 32233-1, RECORDED IN BOOK 381 OF MAPS, PAGE 59-67, INCLUSIVE, IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 08-07.” 

1.E. PROPOSED RESOLUTION ADOPTING FEES FOR VACANT BUILDING REGISTRATION AND MONITORING, DOWNTOWN NEWS RACK REGISTRATION AND IMPOUNDMENT, EVENT HOUSE REGISTRATION AND APPEALS, VACATION RENTAL REGISTRATION AND RENEWAL, AND AN EMERGENCY RESPONSE/EMERGENCY COMMUNICATION SYSTEM SERVICE FEE AND AMENDING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2008-09:
RECOMMENDATION: 1) Continue the Public Hearing to November 19, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

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 November 5, 2008, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 15, 2008, and October 22, 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 1031124 THROUGH 1031264 IN THE AGGREGATE AMOUNT OF $482,243.91, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 10-04-08 BY WARRANTS NUMBERED 413935 THROUGH 413978 TOTALING $79,505.24, LIABILITY CHECKS NUMBERED 1031265 THROUGH 1031285 TOTALING $154,318.11, FOUR WIRE TRANSFERS FOR $63,035.04, AND THREE ELECTRONIC ACH DEBITS OF $1,190,164.84, IN THE AGGREGATE AMOUNT OF $1,487,023.23, 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 1031286 THROUGH 1031468 IN THE AGGREGATE AMOUNT OF $3,625,725.06, 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 1031469 THROUGH 1031471 IN THE AGGREGATE AMOUNT OF $3,500.00, 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 10-18-08 BY WARRANTS NUMBERED 413979 THROUGH 414024 TOTALING $82,450.13, LIABILITY CHECKS NUMBERED 1031472 THROUGH 1031492 TOTALING $154,559.04, FOUR WIRE TRANSFERS FOR $63,085.04, AND THREE ELECTRONIC ACH DEBITS OF $1,217,136.03, IN THE AGGREGATE AMOUNT OF $1,517,230.24, 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 1031493 THROUGH 1031588 IN THE AGGREGATE AMOUNT OF $562,502.62, DRAWN ON BANK OF AMERICA.” 

2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE HOUSEHOLD HAZARDOUS WASTE FACILITY:
RECOMMENDATION: Approve the plans, specifications, and working details for the Household Hazardous Waste Facility, CP 08-19. 

2.E. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE GENE AUTRY TRAIL (PALM DRIVE) OVERPASS GRADE SEPARATION CROSSING:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY (UPRR) FOR AN EXISTING GRADE SEPARATION CROSSING IMPROVEMENT, UPRR FOLDER NO. 2442-59, UPRR AUDIT NO. S049338;” and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.F. REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE PROJECT STUDY REPORT ON THE WIDENING OF THE RAMON ROAD BRIDGE OVER THE WHITEWATER RIVER CHANNEL:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE PROJECT STUDY REPORT FOR THE WIDENING OF THE RAMON ROAD BRIDGE OVER THE WHITEWATER RIVER CHANNEL IN THE AMOUNT OF $75,000, 75% OF $100,000;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. ACCEPT WITH REGRET THE RESIGNATION OF BARBARA BARRETT FROM THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Barbara Barrett; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2009. 

2.H. REQUEST BY JOSEPH BENHAM FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND SPIRITS AT 200 NORTH PALM CANYON DRIVE, CASE 5.1214-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 SPIRITS AT 200 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15, CASE 5.1214-PCN.” 

2.I. REQUEST BY FRESH AND EASY NEIGHBORHOOD MARKET FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT 102 SOUTH SUNRISE WAY, CASE 5.1210-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 AND WINE AT 102 SOUTH SUNRISE WAY, ZONE CDN, SECTION 13, CASE 5.1210-PCN.” 

2.J. PARTICIPATION IN A MULTI-AGENCY ENTERPRISE ZONE APPLICATION TO THE STATE OF CALIFORNIA AND APPROPRIATION OF $35,000 FOR THE CITY’S SHARE:
RECOMMENDATION: 1) Approve the participation in a multi-jurisdiction application to the State of California, Department of Housing and Community Development, for an Enterprise Zone designation and appropriate $35,000 for the City’s share; and 2) Authorize the City Manager, or his designee, to execute all necessary documents. 

2.K. ACCEPT WITH REGRET THE RESIGNATION OF JEFFREY ZUCKER FROM THE RESOURCE CONSERVATION COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Jeffrey Zucker; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2010.

2.L. RENEWAL OF EXCESS EARTHQUAKE AND FLOOD INSURANCE COVERAGE:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PURCHASE OF $22.5 MILLION IN EXCESS EARTHQUAKE/FLOOD (DIFFERENCE IN CONDITION) INSURANCE FROM LLOYDS OF LONDON IN AN AMOUNT NOT-TO-EXCEED $330,799.21 FOR POLICY YEAR 2008-09;” and 2) Authorize the City Manager to execute all necessary documents.

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

THE CITY COUNCIL WILL RECESS AND THE COMMUNITY REDEVELOPMENT AGENCY WILL CONVENE.

RA. CONSENT CALENDAR COMMUNITY REDEVELOPMENT AGENCY:

RA1. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the Community Redevelopment Agency Minutes of October 15, 2008. 

RA2. LICENSE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, RIVERSIDE CAMPUS, FOR USE OF AGENCY OWNED PROPERTY, THE VISITOR CENTER PARKING LOT, LOCATED AT 2901 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF A VANPOOL PROGRAM:
RECOMMENDATION: 1) Approve an agreement with the Regents of the University of California, Riverside Campus, for the use of Agency owned property, the Visitor Center parking lot, located at 2901 North Palm Canyon Drive, for the purpose of a vanpool program; and 2) Authorize the Executive Director to execute all necessary documents. A____.

RA3. LEASE AGREEMENT WITH THE DESERT ART CENTER OF THE COACHELLA VALLEY, INC. FOR USE OF AGENCY OWNED PROPERTY, FRANCES STEVENS PARK, LOCATED AT 550 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve a lease agreement with the Desert Art Center of Coachella Valley, Inc., for exclusive use of Agency owned property, Frances Stevens Park, located at 550 North Palm Canyon Drive, for cultural related activities; and 2) Authorize the Executive Director to execute all necessary documents. A____.

THE COMMUNITY REDEVELOPMENT AGENCY WILL CONTINUE WITH THE CITY COUNCIL FOR A JOINT MEETING. 

RA4. ADOPTION OF A DOWNTOWN AND UPTOWN FAÇADE PROPERTY IMPROVEMENT GRANT PROGRAM FOR PROPERTIES WITHIN THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT AND THE COMMUNITY REDEVELOPMENT AGENCY MERGED PROJECT AREAS NO. 1 AND 2:
RECOMMENDATION: 1) [City Council] Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A DOWNTOWN AND UPTOWN PROPERTY IMPROVEMENT GRANT PROGRAM FOR PROPERTIES WITHIN THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT;” 2) [Community Redevelopment Agency] Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A DOWNTOWN AND UPTOWN PROPERTY IMPROVEMENT GRANT PROGRAM FOR PROPERTIES WITHIN THE COMMUNITY REDEVELOPMENT AGENCY MERGED PROJECT AREAS NO. 1 AND 2;” and 3) Authorize the City Manager/Executive Director, or his designee, to implement the program and execute all necessary documents. 

RA5. CALLING THE NOTE AND APPROVING THE PAYMENT FROM THE COMMUNITY REDEVELOPMENT AGENCY TO THE CITY FOR REDUCTION OF THE PRINCIPAL OF THE NOTE TITLED PROMISSORY NOTE VISITORS CENTER DATED FEBRUARY 7, 2008:
RECOMMENDATION: 1) [City Council] 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND ACCEPTING THE REPAYMENT OF $1,450,000 IN PRINCIPAL BY THE COMMUNITY REDEVELOPMENT AGENCY UNDER THE NOTE TITLED PROMISSORY NOTE VISITORS CENTER, DATED FEBRUARY 7, 2008;” 2) [Community Redevelopment Agency] Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;” and 3) Authorize the City Manager/Executive Director to execute all necessary documents related to the payment from the Community Redevelopment Agency to the City of Palm Springs.

THE COMMUNITY REDEVELOPMENT AGENCY WILL ADJOURN AND CONTINUE AS THE CITY COUNCIL.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

4.A. PALM SPRINGS DISPOSAL UPDATE ON SINGLE STREAM RECYCLING:
RECOMMENDATION: Receive and file.

4.B. DISCUSS THE ARCHITECTURAL SCOPE OF THE JACKIE LEE HOUSTON PLAZA:
RECOMMENDATION: Discuss and direct staff as appropriate.

5. NEW BUSINESS:

5.A. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO TAHQUITZ CREEK GOLF COURSE TRANSITION SUBCOMMITTEE:
RECOMMENDATION: Appoint two members of the City Council to the Tahquitz Creek Golf Course Subcommittee.

5.B. APPOINTMENT TO THE PERSONNEL BOARD FOR THE TERM ENDING JUNE 30, 2011:
RECOMMENDATION: 1) Waive Section 6 of Resolution No. 14547 for a onetime appointment to the Personnel Board for the term ending June 30, 2011; and 2) Appoint a member to the Personnel Board, Council appointment, for the unexpired term ending June 20, 2011.

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, November 12, 2008, 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.