CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA 
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: Desert Veterans Memorial Association.

Administer the oath of office to Police Officer Byron Farley.

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. FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FINAL SEIR) FOR THE SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN:

FINAL SUPPLEMENTAL EIR - 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.” 

1.B. 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.”

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

1.C. AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0470C WITH SANTIAGO SUNRISE VILLAGE MOBILE HOME PARK CORPORATION FOR AGENCY ASSISTANCE IN THE AMOUNT OF $153,700, FOR LAUNDRY AND OFFICE FACILITIES AT SUNRISE VILLAGE MOBILE HOME PARK LOCATED AT 1500 EAST SAN RAFAEL ROAD:
RECOMMENDATION: 1) Continue the Public Hearing to a future date with no public testimony; and 2) Direct the City Clerk to re-notice.

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.

RA. COMMUNITY REDEVELOPMENT AGENCY CONSENT CALENDAR:

RA1. 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 VILLAGE GREEN 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 $1,3000,000 IN PRINCIPAL BY THE COMMUNITY REDEVELOPMENT AGENCY UNDER THE NOTE TITLED PROMISSORY NOTE VILLAGE GREEN, DATED FEBRUARY 7, 2008;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2008-09;” 3) [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 4) 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 CITY COUNCIL WILL RECESS AND THE COMMUNITY REDEVELOPMENT AGENCY WILL CONTINUE.

RA2. APPROVAL OF MINUTES:
RECOMMENDATION: 1) Approve the Community Redevelopment Agency Minutes of November 19, 2008. 

RA3. AGREEMENT WITH DESIGN WORKSHOP, INC. FOR LANDSCAPE DESIGN SERVICES FOR THE JACKIE LEE HOUSTON PLAZA:
RECOMMENDATION: 1) Approve an agreement with Design Workshop, Inc. for landscape design services for the Jackie Lee Houston Plaza at the Palm Springs Convention Center in an amount not to exceed $82,600 plus reimbursables not to exceed $8,260; 2) Authorize the Executive Director to execute all necessary documents. A____.

THE COMMUNITY REDEVELOPMENT AGENCY WILL ADJOURN AND CONTINUE AS 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 December 3, 2008, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: 1) Approve the City Council Minutes of November 19, 2008; and 2) Approve the Housing Authority Minutes of November 19, 2008.

2.C. APPROVAL OF 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 1031864 THROUGH 1032026 IN THE AGGREGATE AMOUNT OF $1,736,029.93, DRAWN ON BANK OF AMERICA.” 

2.D. ADOPTION OF A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE AND SUPERSEDING PREVIOUS RESOLUTIONS WITH RESPECT TO THE CONFLICT OF INTEREST CODE.” 

2.E. REQUEST BY SMART & FINAL FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1161-PCN1) IN ORDER TO SELL BEER, WINE AND SPIRITS AT THE GENE AUTRY PLAZA LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD:
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 THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD, ZONE W-M-1, SECTION 20.” 

2.F. REQUEST BY D.R. WEST, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1161-PCN2) IN ORDER TO SELL BEER AND WINE AT THE GENE AUTRY PLAZA LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD:
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 THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD, ZONE W-M-1, SECTION 20.” 

2.G. REQUEST BY MEHUL SHAH OF SHRIJI ENTERPRISES, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1213-PCN) IN ORDER TO ALLOW WINE TASTING AT THE EXISTING FAME TOBACCONIST STORE LOCATED AT 155 SOUTH PALM CANYON DRIVE, SUITE A-3:
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 155 SOUTH PALM CANYON DRIVE, SUITE A-3, ZONE C-B-D, SECTION 15.” 

2.H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2008-09 ANNUAL SLURRY SEAL, CP 08-27:
RECOMMENDATION: Approve the specifications and working details for the Fiscal Year 2008-09 Annual Slurry Seal, CP 08-27, and authorize staff to advertise and solicit bids.

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

3.A. ESTABLISHMENT OF A PASSENGER BILL OF RIGHTS FOR THE BENEFIT OF USERS OF GROUND TRANSPORTATION COMMERCIAL VEHICLES AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
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 ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 16.02.095 TO, AMENDING SECTIONS 16.02.015 AND 16.36.020 AND SUBSECTION (a) OF SECTION 16.36.030 AND SUBSECTION (c) OF SECTION 16.36.045 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A PASSENGER BILL OF RIGHTS FOR THE BENEFIT OF USERS OF GROUND TRANSPORTATION COMMERCIAL VEHICLES AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”

4. UNFINISHED BUSINESS: 

4.A. AGREEMENT WITH KEMA SERVICES, INC. FOR LEED COMMISSIONING SERVICES FOR THE PALM SPRINGS ANIMAL SHELTER PROJECT IN AN AMOUNT NOT TO-EXCEED $75,000:
RECOMMENDATION: 1) Waive Palm Springs Municipal Code Sections 7.03.030 and 7.04.050 requiring a competitive process to select a LEED Commissioning Consultant; 2) Approve an agreement with KEMA Services, Inc. for LEED Commissioning Services for the Palm Springs Animal Shelter Project in an amount not to exceed $75,000; and 3) Authorize the City Manager to execute all necessary documents. A____.

5. NEW BUSINESS:

5.A. ESTABLISHMENT OF A NEIGHBORHOOD ORGANIZATION IDENTIFICATION STREET SIGN PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A NEIGHBORHOOD ORGANIZATION IDENTIFICATION STREET SIGN PROGRAM THROUGH THE OFFICE OF NEIGHBORHOOD INVOLVEMENT.” 

5.B. AGREEMENT WITH THE PLAZA RACQUET CLUB FOR THE CITY’S FINANCIAL PARTICIPATION FOR THE RESURFACING OF THREE TENNIS COURTS, NOT TO EXCEED $5,000:
RECOMMENDATION: 1) Approve an agreement with The Plaza Racquet Club for the City’s financial participation for the resurfacing of three (3) tennis courts in an amount not to exceed $5,000 subject to review and approval by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A____.

5.C. PALM SPRINGS INTERNATIONAL AIRPORT RECYCLING PLAN:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RECYCLING POLICY FOR THE PALM SPRINGS INTERNATIONAL AIRPORT.” 

5.D. PURCHASE OF 4 NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT:
RECOMMENDATION: Approve the cooperative purchase of one (1) CNG powered new 2009 Ford Crown Victoria Police Interceptor in the amount of $42,226.28 and three (3) gasoline powered new 2009 Ford Crown Victoria Police Interceptors in the amount of $23,864.60 each, for a total purchase amount for all 4 vehicles of $113,820.08 from Wondries Ford of Alhambra, California.

5.E. APPOINTMENT TO THE BOARD OF LIBRARY TRUSTEES FOR THE TERM ENDING JUNE 30, 2010:
RECOMMENDATION: Appoint a member to the Board of Library Trustees for the unexpired term ending June 20, 2011.

5.F. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE TAHQUITZ MEDIAN LANDSCAPE DESIGN SUBCOMMITTEE:
RECOMMENDATION: Appoint two members of the City Council to the Tahquitz Median Landscape Design Subcommittee.

5.G. CITY COUNCIL PROCEDURES REGARDING PUBLIC COMMENTS:
RECOMMENDATION: Direct staff as appropriate.

5.H. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING DECEMBER, 2009:
RECOMMENDATION: Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2009.

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, December 10, 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.