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City Council Meeting

January 21, 2009

CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA

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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Rabbi Sally Olins, Temple Isaiah.

ROLL CALL:

PRESENTATIONS:

Present information only (no action) on the proposed new County Jail facility at Whitewater Canyon.

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. ADOPTION OF FEES FOR EVENT HOUSE REGISTRATION AND APPEALS, AND AMEND THE COMPREHENSIVE FEE SCHEDULE:
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, ESTABLISHING FEES FOR EVENT HOUSE REGISTRATION AND APPEALS, AND MODIFYING THE COMPREHENSIVE FEE SCHEDULE, ADOPTED BY RESOLUTION NO. 21578, AS AMENDED.”

1.B. APPEAL BY THE NICHOLAS GROUP OF THE PUBLIC ARTS COMMISSION’S ACTION OF DECEMBER 11, 2008, DENYING THE PUBLIC ART INSTALLATION OF “AMERICA’S FAVORITE SINGING COWBOY” AT THE GENE AUTRY PLAZA PROJECT LOCATED AT 650 SOUTH GENE AUTRY TRAIL:
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, GRANTING THE APPEAL, THEREBY APPROVING THE PUBLIC ART INSTALLATION OF ‘AMERICA’S FAVORITE SINGING COWBOY’ BY ARTIST DE L’ESPRIE, AT THE GENE AUTRY PLAZA PROJECT, LOCATED AT 650 SOUTH GENE AUTRY TRAIL.”

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 21, 2009, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 7, 2009, and January 14, 2009.

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 1032815 THROUGH 1032905 IN THE AGGREGATE AMOUNT OF $472,956.17, 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 12-27-08 BY WARRANTS NUMBERED 414222 THROUGH 414267 TOTALING $90,920.82, LIABILITY CHECKS NUMBERED 1032906 THROUGH 1032926 TOTALING $153,182.30, FOUR WIRE TRANSFERS FOR $63,084.18, AND THREE ELECTRONIC ACH DEBITS OF $1,157,431.20, IN THE AGGREGATE AMOUNT OF $1,464,618.50, DRAWN ON BANK OF AMERICA;” and 3) Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1032927 THROUGH 1033074 IN THE AGGREGATE AMOUNT OF $890,500.57, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR DECEMBER 31, 2008:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period December 1 through December 31, 2008.

2.E. TREASURER’S INVESTMENT REPORT AS OF NOVEMBER 30, 2008:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of November 30, 2008.

2.F. APPROVAL OF SOUTHWEST REAL ESTATE HOLDINGS, LLC. TENTATIVE TRACT MAP 28308 TO SUBDIVIDE A PORTION OF A 3.2 ACRE PARCEL AT SUNNY DUNES ROAD AND SUNRISE WAY INTO SEVEN RESIDENTIAL LOTS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28308; SECTION 23, TOWNSHIP 4, RANGE 4.” 

2.G. ACCEPT AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT IN AN AMOUNT NOT TO EXCEED $4,000,000 TO IMPROVE TERMINAL COMPLEX - PHASE II - AIP 3-06-0181-44:
RECOMMENDATION: 1) Accept Federal Aviation Administration (FAA) Grant No. 3-06-0181-44 in an amount not to exceed $4,000,000 to improve the Terminal Complex – Phase II; and 2) Authorize the City Manager to execute all necessary documents. A____. 

2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES EXTENDING THE ASSIGNMENT OF THE OWNER’S REPRESENTATIVE ON THE IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT, CP 07-09, AIP 3-06-0181-44, FOR TWO MONTHS AND ADDING AN HOURLY ALLOCATION FOR FABRIC CANOPY INSTALLATION:
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. A5488 with Allen F. Smoot & Associates for an additional amount of $42,852.90, subject to FAA approval; and 2) Authorize the City Manager to execute all necessary documents. A5488.

2.I. AGREEMENT WITH CARRIER CORPORATION IN THE AMOUNT OF $33,754 FOR CHILLER EQUIPMENT MAINTENANCE AT THE PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL:
RECOMMENDATION: 1) Approve an agreement with Carrier Corporation in the amount of $33,754 for specified preventive maintenance services to the York and Trane chillers at the Airport, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A4009.

2.J. SUMMARY VACATION OF A PORTION OF SAN JOAQUIN DRIVE IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 08-028:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL ITS RIGHT, TITLE AND INTEREST TO A PORTION OF SAN JOAQUIN DRIVE IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 08-028.” 

2.K. REQUEST FROM THE CALIFORNIA BUSINESS, TRANSPORTATION, AND HOUSING AGENCY TO ENDORSE THE CALIFORNIA CONSENSUS ON FEDERAL TRANSPORTATION AUTHORIZATION FOR 2009:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OFFERING FORMAL SUPPORT FOR DOCUMENT TO DEVELOP CONSENSUS ON TRANSPORTATION ISSUES.” 

2.L. AGREEMENT WITH MAXWELL SECURITY FOR UN-ARMED SECURITY SERVICES AT THE PALM SPRINGS TRAIN STATION FOR THREE YEARS IN THE AMOUNT OF $34,800 ANNUALLY:
RECOMMENDATION: 1) Approve an agreement with Maxwell Security Services for un-armed security guard services at the Palm Springs Train Station for a three-year period with two one-year renewal options, commencing February 1, 2009, in the amount of $34,800 per year; and 2) Authorize the City Manager to execute all necessary documents. A5630. 

2.M. LETTER FROM TIME WARNER CABLE ON THE UPCOMING RATE CHANGES FOR CERTAIN SERVICES:
RECOMMENDATION: Receive and file. 

2.N. REQUEST FOR PROPOSALS FOR CIVIL ENGINEERING DESIGN SERVICES FOR THE RAMON ROAD WIDENING PROJECT, SAN LUIS REY DRIVE TO LANDAU BOULEVARD, CP 08-25:
RECOMMENDATION: 1) Approve release of the Request for Proposals No. 10-09, Professional Civil Engineering Design Services for the Ramon Road Widening Project, San Luis Rey Drive to Landau Boulevard, City Project No. 08-25. 

2.O. REIMBURSEMENT AND MAINTENANCE AGREEMENT WITH PALM SPRINGS DISPOSAL SERVICES FOR TWO MARATHON SELF-CONTAINED TRASH COMPACTORS AND ODOR NEUTRALIZING UNIT AT THE DOWNTOWN TRASH ENCLOSURE:
RECOMMENDATION: 1) Approve an agreement with Palm Springs Disposal Services for two marathon self-contained trash compactors and odor neutralizing unit at the Downtown Trash Enclosure; 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;” and 3) Authorize the City Manager to execute all the necessary documents. A____.

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. AGREEMENT WITH G & M CONSTRUCTION FOR THE HOUSEHOLD HAZARDOUS WASTE RECYCLING FACILITY, IN THE AMOUNT OF $475,631.60, CP 08-19:
RECOMMENDATION: 1) Approve an agreement with G & M Construction in the amount of $475,631.60, for Bid Schedules A, B, and C, for the Household Hazardous Waste Recycling Facility, CP 08-19; and 2) Authorize the City Manager to execute all necessary documents. A____.

5.B. FISCAL YEAR 2008-09 MID-YEAR BUDGET REVIEW:
RECOMMENDATION: 1) Receive report from the Director of Finance; and 2) Direct staff as appropriate.

5.C. APPOINTMENT TO THE HUMAN RIGHTS COMMISSION FOR THE TERM ENDING JUNE 30, 2012:
RECOMMENDATION: Appoint one-member to the Human Rights Commission for the term ending June 30, 2012.

5.D. APPOINTMENT TO THE COLLEGE OF THE DESERT CITY COUNCIL SUBCOMMITTEE:
RECOMMENDATION: Appoint one-member of the City Council to the College of the Desert City Council Subcommittee.

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, February 4, 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. There will not be a City Council meeting on January 28, 2009. 


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