1.A. PROPOSITION 218 ELECTION FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2008-09:

David Barakian, City Engineer, provided background information as outlined in the staff report dated January 16, 2008.

Councilmember Mills inquired if all the districts were in attendance at the workshop.

Mayor Pougnet opened the public hearing.

CARL FISHER, Palm Springs, Sunrise Norte area, requested historical financial/budget information on the district, additional CPI information, the bidding practices of the district, and measures to keep costs down.

KEVIN COCKRAN, Palm Springs, stated he is opposed to paying the assessment when most of the street lights do not operate properly.

No others came forth to address the City Council.

City Clerk Thompson stated this would be the time for qualified property owners to come forward to cast a ballot or withdraw a previously cast ballot.

One qualified property owner submitted his ballot to City Clerk Thompson, no others came forth to cast a ballot or to withdraw a previously cast ballot.

Mayor Pougnet closed the public hearing.

Councilmember Mills requested clarification regarding the CPI.

Mayor Pro Tem Foat requested a summary of the workshop meeting.

Mayor Pougnet stated that while City Clerk Thompson is canvassing the votes, the Councill will continue and return to this item for action.

City Clerk Thompson stated the ballots have been opened, tabulated, and canvassed the results for the Proposition 218 protest proceedings according to Section 13D of the California Constitution and Section 53753 of the Government Code and certify the following:

	YES	NO	PASS/FAIL
District 1	$1,037.69	$2,550.05	FAIL
District 2	$788.46	$12,615.36	FAIL
District 4	$-0-	$1,406.90	FAIL
District 6B	$221.88	$924.50	FAIL
District 7	$1,703.76	$10,222.56	FAIL
District 8	$6,213.24	$2,824.20	PASS

Councilmember Mills requested clarification between abondoning the district and the dissolution of the district.

Motion to 1) Adopt Resolution No. 22129, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1;" 2) Adopt Resolution No. 22130, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2;" 3) Adopt Resolution No. 22131, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4;" 4) Adopt Resolution No. 22132, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6B;" 5) Adopt Resolution No. 22133, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7;" 6) Adopt Resolution No. 22134, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8;" and 7) Direct staff agendize for a future meeting the discussion and action of Districts 1, 2, 4, 6B, and 7. Moved by Councilmember Weigel, seconded by Councilmember Mills.

Vote to 1) Adopt Resolution No. 22129, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1;" 2) Adopt Resolution No. 22130, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2;" 3) Adopt Resolution No. 22131, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4;" 4) Adopt Resolution No. 22132, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6B;" 5) Adopt Resolution No. 22133, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7;" 6) Adopt Resolution No. 22134, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2008-09 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8;" and 7) Direct staff agendize for a future meeting the discussion and action of Districts 1, 2, 4, 6B, and 7. (Approved)

1.B. CASE HSPB NO. 56, DESIGNATION OF THE PROPERTY KNOWN AS "INVERNADA" LOCATED AT 657 VIA MIRALESTE, AS A CLASS 1 HISTORIC SITE:

Staff Report Item 1.B.

Motion to 1) Continue the Public Hearing to February 6, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Foat.

Vote to 1) Continue the Public Hearing to February 6, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

1.C. CASE NO. 5.1171, APPLICATION BY FOUNDATIONS ENTERPRISE GROUP, LLC, FOR PLANNED DEVELOPMENT DISTRICT 351 AND TENTATIVE TRACT MAP 35544 TO CREATE A ONE LOT CONDOMINIUM MAP FOR THE CONVERSION OF 13 EXISTING APARTMENT UNITS TO 12 CONDOMINIUM UNITS, LOCATED AT 588 SAN LORENZO ROAD:

Staff Report Item 1.C.

Vote to 1) Continue the Public Hearing to February 6, 2008, with no public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)

RA1. SELECTION OF NEXUS COMPANIES AS THE MASTER DEVELOPER IN THE "DESIGN FOR DEVELOPMENT" MASTER PLANNING AND DEVELOPMENT PROCESS:

Staff Report Item RA1.

Tom Wilson, Assistant City Manager, Development Services, provided background information as outlined in the staff report dated January 16, 2008.

Motion to Adopt Resolution No. 1346, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING NEXUS COMPANIES AS THE MASTER DEVELOPER PARTNER IN THE AGENCY’S DESIGN FOR DEVELOPMENT MASTER PLAN PROCESS FOR FOCUSED DEVELOPMENT AREA ONE." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.

Vote to Adopt Resolution No. 1346, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING NEXUS COMPANIES AS THE MASTER DEVELOPER PARTNER IN THE AGENCY’S DESIGN FOR DEVELOPMENT MASTER PLAN PROCESS FOR FOCUSED DEVELOPMENT AREA ONE." (Approved)

RA2. APPROVAL OF MINUTES:

Staff Report Item RA2.

Motion to Approve the Community Redevelopment Agency Minutes of January 9, 2008. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to Approve the Community Redevelopment Agency Minutes of January 9, 2008. (Approved)

The Community Redevelopment Agency adjourned at 6:53 p.m. and the City Council reconvened.

2. CONSENT CALENDAR:

Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.I noting the absention of Mayor Pro Tem Foat on Warrant No. 1025492. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.I noting the absention of Mayor Pro Tem Foat on Warrant No. 1025492. (Approved)

2.A. REPORT ON POSTING OF THE AGENDA:

Staff Report Item 2.A.

2.B. APPROVAL OF MINUTES:

Staff Report Item 2.B.

2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

Staff Report Item 2.C.

2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1733, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS:

Staff Report Item 2.D.

2.E. STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY, DUI ENFORCEMENT AND COLLISION REDUCTION PROJECT:

Staff Report Item 2.E.

2.I. REPLACEMENT OF THE SUNRISE COGENERATION FACILITY CHILLER GENERATOR TUBE BUNDLE:

Staff Report Item 2.I.

EXCLUDED CONSENT CALENDAR:

2.F. SUMMARY VACATION OF A PORTION OF ALEJO ROAD IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-51:

Staff Report Item 2.F.

Director of Public Works Barakian provided an outline as provided in the staff report dated January 16, 2008.

Councilmember Mills requested clarification on the roadways, and expressed concerns regarding property owned by the Allottees.

Mayor Pro Tem Foat stated this is a well traveled road and inquired if there are traffic study counts available.

Mayor Pro Tem Foat requested additional information relating to Lots 4 and 11.

Mayor Pougnet expressed concerns on future traffic on Alejo when the development of Mondrian, Hard Rock, and other projects are completed.

Councilmember Mills voiced concerns regarding transitional ramps.

Councilmember Weigel requested information regarding the cost to the City if the City were to purchase the properties.

It was the consensus of the City Council to continue this item to February 6, 2008, with additional information.

2.G. FINAL MAP 33035 FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 2500 E. PALM CANYON DRIVE:

Staff Report Item 2.G.

Councilmember Mills requested clarification on the terms conformance and substantial conformance.

William Stephenson, representing the owner, stated all conditions have been met. Additionally, the Map expires on 02-01-08; therefore, if the Final Map is not approved an extension will be required.

Motion to Adopt Resolution No. 22138, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33035 FOR PROPERTY LOCATED AT 2500 E. PALM CANYON DRIVE, SECTION 24, TOWNSHIP 4 SOUTH, RANGE 4 EAST." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.

Vote to Adopt Resolution No. 22138, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33035 FOR PROPERTY LOCATED AT 2500 E. PALM CANYON DRIVE, SECTION 24, TOWNSHIP 4 SOUTH, RANGE 4 EAST." (Approved)

2.H. REQUEST BY VONS COMPANY FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE VONS GROCERY STORE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY:

Staff Report Item 2.H.

Councilmember Mills requested clarification.

Motion to Adopt Resolution No. 22139, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE VONS GROCERY STORE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, ZONE RA, SECTION 14." Moved by Councilmember Weigel, seconded by Mayor Pougnet.

Vote to Adopt Resolution No. 22139, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE VONS GROCERY STORE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, ZONE RA, SECTION 14." (Approved)

3. LEGISLATIVE:

4. UNFINISHED BUSINESS:

4.A. AMENDMENT NO. 2 TO AGREEMENT NO. A5336 WITH EVERGREEN RECYCLING SOLUTIONS, FOR SOLID WASTE MANAGEMENT AND RECYCLING CONSULTING SERVICES, FOR ADDITIONAL SERVICES AND INCREASING THE CONTRACT AMOUNT BY $30,000:

Staff Report Item 4.A.

Troy Butzlaff, Assistant City Manager, provided background information as outlined in the staff report dated January 16, 2008.

Motion to 1) Approve Amendment No. 2 to Agreement No. A5336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, amending the scope of services and increasing the contract sum by an additional $30,000; and 2) Authorize the City Manager to execute all necessary documents. A5336. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.

Vote to 1) Approve Amendment No. 2 to Agreement No. A5336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, amending the scope of services and increasing the contract sum by an additional $30,000; and 2) Authorize the City Manager to execute all necessary documents. A5336. (Approved)

5. NEW BUSINESS:

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:

Councilmember Weigel requested information on placing items on the agenda of future meetings.

Mayor Pro Tem Foat requested an update on the status of the annexation of Park Andreas and Bellamonte, and inquired if this will be brought forward for action.

James Thompson, City Clerk, stated Tuesday, January 22, 2008, will be the last day to register to vote or make changes to current registrations.

Mayor Pougnet provided an update on the Desert Fashion Plaza, announced the dedication of the Peace Pole at Village Greens, and requested the placement of the Mayor’s Climate Protection Agreement on the February 6, 2008, agenda.

ADJOURNMENT:

Jan 16, 2008 City Council Meeting

Full agenda
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CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION:

ROLL CALL:

Roll Call: 5 members present, 0 members absent, 0 members excused.

PRESENTATIONS: None.

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

Motion to Accept the Agenda as amended. Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.

Vote to Accept the Agenda as amended. (Approved)

1. PUBLIC HEARINGS:

1.A. PROPOSITION 218 ELECTION FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2008-09:

Staff Report Item 1.A.

David Barakian, City Engineer, provided background information as outlined in the staff report dated January 16, 2008.

Councilmember Mills inquired if all the districts were in attendance at the workshop.

Mayor Pougnet opened the public hearing.

KEVIN COCKRAN, Palm Springs, stated he is opposed to paying the assessment when most of the street lights do not operate properly.

No others came forth to address the City Council.

City Clerk Thompson stated this would be the time for qualified property owners to come forward to cast a ballot or withdraw a previously cast ballot.

One qualified property owner submitted his ballot to City Clerk Thompson, no others came forth to cast a ballot or to withdraw a previously cast ballot.

Mayor Pougnet closed the public hearing.

Councilmember Mills requested clarification regarding the CPI.

Mayor Pro Tem Foat requested a summary of the workshop meeting.

Mayor Pougnet stated that while City Clerk Thompson is canvassing the votes, the Councill will continue and return to this item for action.

	YES	NO	PASS/FAIL
District 1	$1,037.69	$2,550.05	FAIL
District 2	$788.46	$12,615.36	FAIL
District 4	$-0-	$1,406.90	FAIL
District 6B	$221.88	$924.50	FAIL
District 7	$1,703.76	$10,222.56	FAIL
District 8	$6,213.24	$2,824.20	PASS