SP

Motion to approve ACTION: Accept the Agenda as Amended. Moved by Councilmember Weigel, seconded by Councilmember Foat.

Vote to approve ACTION: Accept the Agenda as Amended. (Approved) (Recorded at 00:20:44)

1. PUBLIC HEARINGS:

1.A. JOINT MEETING WITH THE SUSTAINABILITY COMMISSION AND PUBLIC DISCUSSION ON THE CITY OF PALM SPRINGS SUSTAINABILITY MASTER PLAN AND CITY COUNCIL PUBLIC HEARING APPROVING THE PALM SPRINGS ENERGY EFFICIENCY PROGRAM AND THE REPORT PREPARED BY THE AUTHORIZED OFFICER, ESTABLISHING A CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE (AB811) ENERGY IMPROVEMENTS, AND CONFIRMING ASSESSMENTS TO BE LEVIED:

Motion to approve 1) Continue the Public Hearing to May 13, 2009; 2) Direct the City Clerk to post a Notice of Continued Public Hearing; and 3) Direct the City Clerk to place the appointment of a City Council Subcommittee on the April 1, 2009, City Council Agenda to review the draft document The Palm Springs Path to a Sustainable Community. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.

Vote to approve 1) Continue the Public Hearing to May 13, 2009; 2) Direct the City Clerk to post a Notice of Continued Public Hearing; and 3) Direct the City Clerk to place the appointment of a City Council Subcommittee on the April 1, 2009, City Council Agenda to review the draft document The Palm Springs Path to a Sustainable Community. (Approved) (Recorded at 00:23:32)

1.B. 35TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 2009-10 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-09-MC-06-0561 IN THE AMOUNT OF $506,696 AND APPROVING SUBRECIPIENT AGREEMENTS:

Motion to approve 1) Continue the Public Hearing to April 1, 2009, with no public testimony at this time; 2) Direct the City Clerk to post a Notice of Continued Public Hearing. The City of Palm Springs Community Redevelopment Agency convened at ____ p.m. for a Joint Meeting with the City Council. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Mills.

Vote to approve 1) Continue the Public Hearing to April 1, 2009, with no public testimony at this time; 2) Direct the City Clerk to post a Notice of Continued Public Hearing. The City of Palm Springs Community Redevelopment Agency convened at ____ p.m. for a Joint Meeting with the City Council. (Approved) (Recorded at 00:25:40)

1.C. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING THE SALE OF TWO PARCELS FROM THE AGENCY TO THE CITY LOCATED AT 3845 EAST RAMON ROAD (PROJECT AREA NO. 1) AND THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSA PARKS BOULEVARD (PROJECT AREA NO. 1) AND THE ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF 49,950:

CM ABSTAIN ON RAMON ROAD.

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Motion to approve 1) Open the public hearing and receive public testimony; [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF PALM SPRINGS THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND THE ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" [CITY COUNCIL] 3) Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PURCHASE FROM THE COMMUNITY REDEVELOPMENT AGENCY THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" and 4) Authorize the Executive Director on behalf of the Agency, and the City Manager on behalf of the City, to execute all documents related to the transaction in a form acceptable to the City Attorney. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.

Vote to approve 1) Open the public hearing and receive public testimony; [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF PALM SPRINGS THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND THE ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" [CITY COUNCIL] 3) Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PURCHASE FROM THE COMMUNITY REDEVELOPMENT AGENCY THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" and 4) Authorize the Executive Director on behalf of the Agency, and the City Manager on behalf of the City, to execute all documents related to the transaction in a form acceptable to the City Attorney. (Approved) (Recorded at 00:29:49)

cm left the room

Councilmember Foat

Motion to approve 1) Open the public hearing and receive public testimony; [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF PALM SPRINGS THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND THE ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" [CITY COUNCIL] 3) Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PURCHASE FROM THE COMMUNITY REDEVELOPMENT AGENCY THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" and 4) Authorize the Executive Director on behalf of the Agency, and the City Manager on behalf of the City, to execute all documents related to the transaction in a form acceptable to the City Attorney. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.

1. REDEVELOPMENT AGENCY CONSENT CALENDAR:

RA1. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:

RA2. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FUNDING OF THE 2008-09 LOW AND MODERATE INCOME HOUSING FUND SET-ASIDE:

RA3. STATE-MANDATED PAYMENT TO THE EDUCATION REVENUE AUGMENTATION FUND (ERAF):

Motion to approve 1) Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2008-09 PAYMENT TO THE EDUCATION REVENUE AUGMENTATION FUND AND PROVING OTHER MATTERS PROPERLY RELATING THERETO;" and 2) 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." Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.

Vote to approve 1) Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2008-09 PAYMENT TO THE EDUCATION REVENUE AUGMENTATION FUND AND PROVING OTHER MATTERS PROPERLY RELATING THERETO;" and 2) 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." (Approved) (Recorded at 01:07:47)

RA4. TRANSFER OF UNEXPENDED BOND PROCEEDS TO CAPITALIZED INTEREST ACCOUNT:

RA5. APPROVE AMENDMENT NO. 1 TO THE OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION DBA DESERT HIGHLAND ASSOCIATES, LP, FOR AN ADDITIONAL $400,000 PROJECT FINANCING AND REDUCTION OF THE LOAN INTEREST RATE FOR THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT LOCATED AT 555 ROSA PARKS ROAD:

Mayor Pro Tem Mills requested staff address the City's commitment if the project is build below the construction.

Motion to approve Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION DBA DESERT HIGHLAND ASSOCIATES, LP, TO PROVIDE $400,000 IN ADDITIONAL ASSISTANCE AND REDUCTION OF THE LOAN INTEREST RATE FOR THE DEVELOPMENT OF THE ROSA GARDENS APARTMENTS, A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE SITE AT 555 ROSA PARKS ROAD, IN THE DESERT-HIGHLAND GATEWAY ESTATES NEIGHBORHOOD, INCREASING THE AGENCY FINANCIAL PARTICIPATION TO $1,600,000 IN GAP FINANCING, MERGED PROJECT AREA NO. 1." A0531C. The Community Redevelopment Agency adjourned at ____ p.m., and the City Council will continue. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to approve Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION DBA DESERT HIGHLAND ASSOCIATES, LP, TO PROVIDE $400,000 IN ADDITIONAL ASSISTANCE AND REDUCTION OF THE LOAN INTEREST RATE FOR THE DEVELOPMENT OF THE ROSA GARDENS APARTMENTS, A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE SITE AT 555 ROSA PARKS ROAD, IN THE DESERT-HIGHLAND GATEWAY ESTATES NEIGHBORHOOD, INCREASING THE AGENCY FINANCIAL PARTICIPATION TO $1,600,000 IN GAP FINANCING, MERGED PROJECT AREA NO. 1." A0531C. The Community Redevelopment Agency adjourned at ____ p.m., and the City Council will continue. (Approved) (Recorded at 01:16:27)

2. CONSENT CALENDAR:

2.A. REPORT ON POSTING OF THE AGENDA:

2.B. APPROVAL OF MINUTES:

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

2.D. ADOPTION OF POLICY PERTAINING TO TICKETS DISTRIBUTED BY THE CITY PURSUANT TO CALIFORNIA CODE OF REGULATIONS 18944.1:

2.E. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 08-022:

Councilmember Foat requested staff address bringing this easement forward with the Development application.

Councilmember Hutcheson requested the City Council continue the Item with a development application.

Mayor Pro Tem Mills commented on the relationship of the easement to the Architectural approval of the project.

Motion to approve Contine the item Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Mills.

Vote to approve Contine the item (Approved) (Recorded at 01:24:48)

2.F. ACCEPT THE RESIGNATION OF MARK SPOHN FROM THE VILLAGEFEST BOARD:

2.G. TEMPORARILY SUSPEND VARIOUS REGULATIONS OF THE PALM SPRINGS MUNICIPAL CODE (NOISE, NOISE NUISANCE, SIGN AND DANCES) AND APPROVE A CARNIVAL ON APRIL 10, APRIL 11, AND APRIL 12, 2009, FOR THE WHITE PARTY, LOCATED AT 888 E. TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444 E. ARENAS ROAD (APPLICATION BY JEFFERY SANKER ENTERTAINMENT):

Councilmember Weigel commented on the suspension of the Noise Ordinance, and recommends the City suspend the dance ordinance and the outdoor music ordinance and allow the event without suspending the nose ordinance. requested the City Attorney and staff to look at the process of approving events administratively that does not require the suspension of ordinances,

city attorney holland

Councilmember Hutcheson commented on the important upcoming events, and recommended the City Council review the process for the future events.

Councilmember Weigel requested the City Council consider that two of the events are a month away.

Motion to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 9.20.00), AND DANCES (CHAPTER 5.12), APPROVING A CARNIVAL ON APRIL 10, 11, AND 12, 2009 TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST ARENAS ROAD." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.

Vote to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 9.20.00), AND DANCES (CHAPTER 5.12), APPROVING A CARNIVAL ON APRIL 10, 11, AND 12, 2009 TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST ARENAS ROAD." (Declined) (Recorded at 01:34:31)

Mills requested the event organizaer consider moving the last day event in future years to another location that is not as disruputive to the neighborhood.

direct for approval.

2.H. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON APRIL 25, 2009, FOR THE AIDS ASSISTANCE PROGRAM GALA EVENT LOCATED AT 301 NORTH BELARDO ROAD (APPLICATION BY WALTER REED):

Motion to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A FUNDRAISING EVENT ON APRIL 25, 2009, FROM 9:30 P.M. TO 11:00 P.M., AT 301 NORTH BELARDO ROAD (O'DONNELL GOLF COURSE)." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.

Vote to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A FUNDRAISING EVENT ON APRIL 25, 2009, FROM 9:30 P.M. TO 11:00 P.M., AT 301 NORTH BELARDO ROAD (O'DONNELL GOLF COURSE)." (Approved) (Recorded at 01:38:27)

2.I. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON MAY 23, 2009, FOR THE PALM SPRINGS HIGH SCHOOL DANCE FUNDRAISER EVENT LOCATED AT 5955 EAST RAMON ROAD (APPLICATION BY ASSOCIATED STUDENT BODY OF PALM SPRINGS HIGH SCHOOL):

Motion to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A DANCE AND FUNDRAISING EVENT ON MAY 23, 2009 FROM 8:00 P.M. TO 12:00 A.M., AT 5955 EAST RAMON ROAD (SOUTHEAST CORNER OF RAMON ROAD AND CROSSLEY ROAD)." Moved by Councilmember Hutcheson, seconded by Mayor Pougnet.

Vote to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A DANCE AND FUNDRAISING EVENT ON MAY 23, 2009 FROM 8:00 P.M. TO 12:00 A.M., AT 5955 EAST RAMON ROAD (SOUTHEAST CORNER OF RAMON ROAD AND CROSSLEY ROAD)." (Approved) (Recorded at 01:40:53)

Mayor Pro Tem Mills request

2.J. AWARD OF CONTRACT FOR THE BASKETBALL AND TENNIS COURT RESURFACING AT VARIOUS CITY PARKS (CITY PROJECT NO. 08-24):

2.K. APPROVAL OF A MEMORANDUM OF UNDERSTANDING RELATING TO EAGLE CANYON DAM:

2.L. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH RGA LANDSCAPE ARCHITECTS, INC FOR THE TAHQUITZ CANYON WAY MEDIAN, PALM SPRINGS CITY HALL, AND RIVERSIDE COUNTY ADMINISTRATIVE OFFICES SCHEMATIC LANDSCAPE DESIGN (CITY PROJECT NO. 08-20):

Motion to approve 1) Approve an Agreement with RGA Landscape Architects, Inc., in the amount of $63,540 for preparation of schematic landscape plans for the Tahquitz Canyon Way median (extending from Indian Canyon Drive to El Cielo Road), Palm Springs City Hall, and the Riverside County Administrative Offices complex (City Project No. 08-20); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Manager to appoint a City Manager Steering Committee for the project. A____. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.

Vote to approve 1) Approve an Agreement with RGA Landscape Architects, Inc., in the amount of $63,540 for preparation of schematic landscape plans for the Tahquitz Canyon Way median (extending from Indian Canyon Drive to El Cielo Road), Palm Springs City Hall, and the Riverside County Administrative Offices complex (City Project No. 08-20); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Manager to appoint a City Manager Steering Committee for the project. A____. (Approved) (Recorded at 01:44:11)

2.M. APPROVE FIREWORKS FOR THE FOURTH OF JULY CELEBRATION:

2.N. APPROVAL TO RELEASE SOQ 14-09 FOR ARCHITECTURAL DESIGN TEAM SERVICES FOR THE RENOVATION AND REPURPOSING OF THE WELWOOD MURRAY MEMORIAL LIBRARY AND THE JC FREY BUILDINGS:

Councilmember Hutcheson

Mayor Pro Tem Mills

Motion to approve Approve the release of SOQ No. 14-09 for Architectural Design Team Services for the renovation of the Welwood Murray Memorial Library and the JC Frey Building. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.

Vote to approve Approve the release of SOQ No. 14-09 for Architectural Design Team Services for the renovation of the Welwood Murray Memorial Library and the JC Frey Building. (Approved) (Recorded at 01:54:13)

2.O. PLANNING COMMISSION RESIGNATION AND PARKS AND RECREATION COMMISSION RESIGNATION:

2.P. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 1 THROUGH FEBRUARY 28, 2009:

2.Q. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH INMATE COMMUNICATIONS CORP TO PROVIDE TELEPHONE SERVICE IN THE CITY JAIL:

2.R. PROPOSED RESOLUTION ESTABLISHING APPLICATION FILING AND APPEAL FEES FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES:

Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.J., 2.K., 2.M., 2.O., 2.P., 2.Q., and 2.R. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.

Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.J., 2.K., 2.M., 2.O., 2.P., 2.Q., and 2.R. (Approved) (Recorded at 01:17:28)

EXCLUDED CONSENT CALENDAR:

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE PERTAINING TO STATE VIDEO FRANCHISE HOLDERS:

staff report city attorney.

Motion to approve 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, ADOPTING CHAPTER 5.79 OF TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISE HOLDERS." Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.

Vote to approve 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, ADOPTING CHAPTER 5.79 OF TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISE HOLDERS." (Approved) (Recorded at 02:00:05)

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS: None.

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:

ADJOURNMENT:

Mar 25, 2009 Tribute to Frank Bogert as played at City Council

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CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION:

ROLL CALL:

PRESENTATIONS:

Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:08:50)

PRESENTATIONS:

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

City Clerk Thompson

SP

Councilmember Foat

Councilmember Weigel

Mayor Pro Tem Mills

Motion to approve ACTION: Accept the Agenda as Amended. Moved by Councilmember Weigel, seconded by Councilmember Foat.

Vote to approve ACTION: Accept the Agenda as Amended. (Approved) (Recorded at 00:20:44)

1. PUBLIC HEARINGS:

1.A. JOINT MEETING WITH THE SUSTAINABILITY COMMISSION AND PUBLIC DISCUSSION ON THE CITY OF PALM SPRINGS SUSTAINABILITY MASTER PLAN AND CITY COUNCIL PUBLIC HEARING APPROVING THE PALM SPRINGS ENERGY EFFICIENCY PROGRAM AND THE REPORT PREPARED BY THE AUTHORIZED OFFICER, ESTABLISHING A CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE (AB811) ENERGY IMPROVEMENTS, AND CONFIRMING ASSESSMENTS TO BE LEVIED:

1.B. 35TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 2009-10 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-09-MC-06-0561 IN THE AMOUNT OF $506,696 AND APPROVING SUBRECIPIENT AGREEMENTS:

1.C. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING THE SALE OF TWO PARCELS FROM THE AGENCY TO THE CITY LOCATED AT 3845 EAST RAMON ROAD (PROJECT AREA NO. 1) AND THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSA PARKS BOULEVARD (PROJECT AREA NO. 1) AND THE ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF 49,950:

CM ABSTAIN ON RAMON ROAD.

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cm left the room

Councilmember Foat

Motion to approve 1) Open the public hearing and receive public testimony; [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. _____, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF PALM SPRINGS THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND THE ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" [CITY COUNCIL] 3) Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PURCHASE FROM THE COMMUNITY REDEVELOPMENT AGENCY THE PROPERTY LOCATED AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSE PARKS BOULEVARD (APN 669-353-001) IN THE AMOUNT OF $22,500, AND APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE AMOUNT OF $49,950;" and 4) Authorize the Executive Director on behalf of the Agency, and the City Manager on behalf of the City, to execute all documents related to the transaction in a form acceptable to the City Attorney. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.

PUBLIC COMMENT:

ERIC MEEKS, requested the City Council consider modifying the rules for VillageFest to allow books sales.

DAVID CARDEN, spoke in support of Item 2.G., the suspension of the Noise Ordinance for the White Party.

GARY JOHNS, requested the City Council consider the use of the AAC for more issues and projects.

BILL RANSOM, spoke in support of Item 2.G., the suspension of the Noise Ordinance for the White Party.

JEFFREY SANKER, spoke in support of Item 2.G., the suspension of the Noise Ordinance for the White Party.

AFTAB DADA, spoke in support of Item 2.G., the suspension of the Noise Ordinance for the White Party.

DENNIS WAGNER, spoke in support of Item 2.G., the suspension of the Noise Ordinance for the White Party.

JULIUS KAZEN, spoke in support of Item 2.G., the suspension of the Noise Ordinance for the White Party.

WILLIE HOLLAND, stated his opposition to Item 2.G., the suspension of the Noise Ordinance for the White Party, and noted his other concerns in the City.

TYLER McLEAN, spoke in support of 2.I., the suspension of the Noise Ordinance for the Palm Springs High School Event.

MARK ANTON, spoke in support of Item 2.H., the suspension of the Noise Ordinance for the AIDS Assistance Program Event.

RICHARD BYFORD, spoke in support of Item 2.H., the suspension of the Noise Ordinance for the AIDS Assistance Program Event.

COUNCILMEMBER COMMENTS:

GF green friday and saturday, national league of cities for a plan 20% discount on all perscription drugs

cm commented on former mayor bogert.

rh respond to Mr. Meeks abilibty to sells books at villagefest. requested the city mjanager address airport noise and the stimulas package.

CITY MANAGER'S REPORT:

City Manager Ready requested Thomas Noland address the increase in noise complaints at the Palm Springs International Airport

1. REDEVELOPMENT AGENCY CONSENT CALENDAR:

RA1. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:

RA2. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FUNDING OF THE 2008-09 LOW AND MODERATE INCOME HOUSING FUND SET-ASIDE:

RA3. STATE-MANDATED PAYMENT TO THE EDUCATION REVENUE AUGMENTATION FUND (ERAF):

RA4. TRANSFER OF UNEXPENDED BOND PROCEEDS TO CAPITALIZED INTEREST ACCOUNT:

RA5. APPROVE AMENDMENT NO. 1 TO THE OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION DBA DESERT HIGHLAND ASSOCIATES, LP, FOR AN ADDITIONAL $400,000 PROJECT FINANCING AND REDUCTION OF THE LOAN INTEREST RATE FOR THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT LOCATED AT 555 ROSA PARKS ROAD:

Mayor Pro Tem Mills requested staff address the City's commitment if the project is build below the construction.

2. CONSENT CALENDAR:

2.A. REPORT ON POSTING OF THE AGENDA:

2.B. APPROVAL OF MINUTES:

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

2.D. ADOPTION OF POLICY PERTAINING TO TICKETS DISTRIBUTED BY THE CITY PURSUANT TO CALIFORNIA CODE OF REGULATIONS 18944.1:

2.E. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 08-022:

Councilmember Foat requested staff address bringing this easement forward with the Development application.

Councilmember Hutcheson requested the City Council continue the Item with a development application.

Mayor Pro Tem Mills commented on the relationship of the easement to the Architectural approval of the project.

Motion to approve Contine the item Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Mills.

Vote to approve Contine the item (Approved) (Recorded at 01:24:48)

2.F. ACCEPT THE RESIGNATION OF MARK SPOHN FROM THE VILLAGEFEST BOARD:

2.G. TEMPORARILY SUSPEND VARIOUS REGULATIONS OF THE PALM SPRINGS MUNICIPAL CODE (NOISE, NOISE NUISANCE, SIGN AND DANCES) AND APPROVE A CARNIVAL ON APRIL 10, APRIL 11, AND APRIL 12, 2009, FOR THE WHITE PARTY, LOCATED AT 888 E. TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444 E. ARENAS ROAD (APPLICATION BY JEFFERY SANKER ENTERTAINMENT):

city attorney holland

Councilmember Hutcheson commented on the important upcoming events, and recommended the City Council review the process for the future events.

Councilmember Weigel requested the City Council consider that two of the events are a month away.

Mills requested the event organizaer consider moving the last day event in future years to another location that is not as disruputive to the neighborhood.

direct for approval.

2.H. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON APRIL 25, 2009, FOR THE AIDS ASSISTANCE PROGRAM GALA EVENT LOCATED AT 301 NORTH BELARDO ROAD (APPLICATION BY WALTER REED):

2.I. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON MAY 23, 2009, FOR THE PALM SPRINGS HIGH SCHOOL DANCE FUNDRAISER EVENT LOCATED AT 5955 EAST RAMON ROAD (APPLICATION BY ASSOCIATED STUDENT BODY OF PALM SPRINGS HIGH SCHOOL):

Motion to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A DANCE AND FUNDRAISING EVENT ON MAY 23, 2009 FROM 8:00 P.M. TO 12:00 A.M., AT 5955 EAST RAMON ROAD (SOUTHEAST CORNER OF RAMON ROAD AND CROSSLEY ROAD)." Moved by Councilmember Hutcheson, seconded by Mayor Pougnet.

Vote to approve Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A DANCE AND FUNDRAISING EVENT ON MAY 23, 2009 FROM 8:00 P.M. TO 12:00 A.M., AT 5955 EAST RAMON ROAD (SOUTHEAST CORNER OF RAMON ROAD AND CROSSLEY ROAD)." (Approved) (Recorded at 01:40:53)

Mayor Pro Tem Mills request

2.J. AWARD OF CONTRACT FOR THE BASKETBALL AND TENNIS COURT RESURFACING AT VARIOUS CITY PARKS (CITY PROJECT NO. 08-24):

2.K. APPROVAL OF A MEMORANDUM OF UNDERSTANDING RELATING TO EAGLE CANYON DAM:

2.L. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH RGA LANDSCAPE ARCHITECTS, INC FOR THE TAHQUITZ CANYON WAY MEDIAN, PALM SPRINGS CITY HALL, AND RIVERSIDE COUNTY ADMINISTRATIVE OFFICES SCHEMATIC LANDSCAPE DESIGN (CITY PROJECT NO. 08-20):

2.M. APPROVE FIREWORKS FOR THE FOURTH OF JULY CELEBRATION:

2.N. APPROVAL TO RELEASE SOQ 14-09 FOR ARCHITECTURAL DESIGN TEAM SERVICES FOR THE RENOVATION AND REPURPOSING OF THE WELWOOD MURRAY MEMORIAL LIBRARY AND THE JC FREY BUILDINGS:

Councilmember Hutcheson

Mayor Pro Tem Mills

2.O. PLANNING COMMISSION RESIGNATION AND PARKS AND RECREATION COMMISSION RESIGNATION:

2.P. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 1 THROUGH FEBRUARY 28, 2009:

2.Q. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH INMATE COMMUNICATIONS CORP TO PROVIDE TELEPHONE SERVICE IN THE CITY JAIL:

2.R. PROPOSED RESOLUTION ESTABLISHING APPLICATION FILING AND APPEAL FEES FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES:

Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.J., 2.K., 2.M., 2.O., 2.P., 2.Q., and 2.R. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.

Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.J., 2.K., 2.M., 2.O., 2.P., 2.Q., and 2.R. (Approved) (Recorded at 01:17:28)

Mar 25, 2009 Tribute to Frank Bogert as played at City Council

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