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City Council Meeting

January 6, 2010

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
Rick Hutcheson, Mayor Pro Tem
Ginny Foat, 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 and the Palm Springs Library. 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, (760) 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 (Council Chamber):

PUBLIC COMMENT (Council Chamber): 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 (Small Conference Room): See Closed Session Agenda.

6:00 P.M. CITY COUNCIL REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Rev. Michael Kearney, Palm Springs Spiritual Enrichment Center.

ROLL CALL:

PRESENTATIONS:

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: None.

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 6, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of December 16, 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 1039272 THROUGH 1039416 IN THE AGGREGATE AMOUNT OF $2,450,653.04, DRAWN ON BANK OF AMERICA;” and 2) 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 1039417 THROUGH 1039523 IN THE AGGREGATE AMOUNT OF $800,390.65, DRAWN ON BANK OF AMERICA.”

2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID FOR THE PALM SPRINGS ANIMAL CARE FACILITY, APPROVE THE LIST OF PRE-QUALIFIED GENERAL CONTRACTORS, AND DEFERRAL OF CERTAIN CONDITIONS OF APPROVAL, CP 07-24:
RECOMMENDATION: 1) Approve the plans, specifications, and estimate for the Palm Springs Animal Care Facility, CP 07-24; 2) Authorize staff to advertise and solicit bids; 3) Approve the list of pre-qualified general contractors for bidding the project; and 4) Defer Engineering Condition of Approval Item 24, Planning Commission Case No. 3.3369-Maj., to underground utilities on Mesquite Avenue until a future assessment district is formed.

2.E. TREASURER’S INVESTMENT REPORT AS OF NOVEMBER 30, 2009:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of November 30, 2009.

2.F. APPROVAL OF AN ENCROACHMENT LICENSE TO LOWE’S HIW, INC., FOR A PRIVATE STORM DRAIN LINE IN CAMINO PAROCELA:
RECOMMENDATION: 1) Approve an Encroachment License between with Lowe’s HIW, Inc., for operation and maintenance of a private storm drain line in Camino Parocela at San Luis Rey Drive; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A4780 WITH DOKKEN ENGINEERING FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING, CP 87-49:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A4780 with Dokken Engineering, in the amount of $103,640 for a total revised contract amount of $428,640 for the Belardo Road Bridge and Roadway Widening, CP 87-49; and 2) Authorize the City Manager to execute all necessary documents. A4780.

2.H. RATIFICATION OF EMERGENCY REPAIRS TO VISTA CHINO:
RECOMMENDATION: 1) Confirm the City Manager’s declaration of a public emergency and threat to public health, welfare, and safety related to flooding on Vista Chino through the Whitewater River on December 13, 2009; 2) Ratify the City Manager’s authorization of a purchase order issued to Dateland Construction, Co., in the amount of $178,351, for emergency repairs to Vista Chino through the Whitewater River; and 3) Approve an agreement with Dateland Construction Co., in the amount of $178,351 for the emergency storm cleanup, asphalt repair, and replacement on Vista Chino through the Whitewater River Crossing; and 4) Authorize the City Manager to execute all necessary documents. A____.

2.I. PALM SPRINGS STADIUM RE-ROOFING PROJECT, CP 08-23:
RECOMMENDATION: 1) Terminate Agreement No. A5846 in the amount of $27,900.00 with Anemos Enterprises, Inc., for the Palm Springs Stadium Re-Roofing Project, CP 08-23; and 2) Authorize re-bidding. A5846.

2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2009-10 ANNUAL SLURRY SEAL, CP 09-13:
RECOMMENDATION: Approve the specifications and working details for the Fiscal Year 2009-10 Annual Slurry Seal, CP 09-13, and authorize staff to advertise and solicit bids.

2.K. MEMORANDUM OF UNDERSTANDING WITH PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD JULY 1, 2009, THROUGH JUNE 30, 2011, AND RELATED AMENDMENT TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA), FOR THE PERIOD JULY 1, 2009, THROUGH JUNE 30, 2011, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2009-10, ADOPTED BY RESOLUTION 22530;” and 3) Authorize the City Manager to execute the Memorandum of Understanding. A5428.

2.L. AMENDMENT NO. 3 TO AGREEMENT NO. A5859 WITH MSW CONSULTANTS FOR SOLID WASTE CONTRACT MANAGEMENT SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A5859 with MSW Consultants for solid waste contract management services, in an additional amount not to exceed $30,000 for one additional year, ending December 31 2010, total agreement amount shall not exceed $52,320; and 2) Authorize the City Manager to execute all necessary documents. A5859.

2.M. ACCEPT THE RESIGNATION OF JILL BEEDE FROM THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Jill Beede; 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

2.N. COMMUNITY REDEVELOPMENT AGENCY ITEM, CONVENTION CENTER EAST LOT SPECIAL EVENTS FACILITY IMPROVEMENTS:
RECOMMENDATION: 1) Authorize staff to work with the utility companies to bring water and power to the facility; 2) Authorize staff to negotiate, and the City Manager to approve a change order with the Jackie Lee Houston Plaza contractor, Doug Wall, for the installation of a 14,000 sq ft concrete pad not to exceed $85,000; and 3) Authorize staff to proceed with informal bidding for the installation of street improvements, i.e. drive approach and sidewalk, along Avenida Caballeros and Amado Road frontages. A5897.

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. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS:
RECOMMENDATION: 1) Identify and direct the City Clerk to delete any inactive City Council Subcommittees; and 2) Review, Reappoint and/or Appoint City Council Subcommittees and Liaisons to Outside Organizations.

5.B. APPOINT ONE MEMBER TO THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: Appoint one-member to the Human Rights Commission for the term ending June 30, 2011.

5.C. MUSEUM MARKET PLAZA / SPECIFIC PLAN MONTHLY UPDATE:
RECOMMENDATION: Direct staff as appropriate.

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 a Regular Meeting, Wednesday, January 20, 2010, at 6:00 P.M. 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.

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