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City Council Meeting

May 5, 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, 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. Kevin A. Johnson, Bloom in the Desert, UCC.

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 May 5, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of April 21, 2010, and April 15, 2010.

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 1041524 THROUGH 1041680 IN THE AGGREGATE AMOUNT OF $884,987.40, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1041703 THROUGH 1041853 IN THE AGGREGATE AMOUNT OF $761,314.00, DRAWN ON BANK OF AMERICA;” and 3) 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 4-17-10 BY WARRANTS NUMBERED 415630 THROUGH 415670 TOTALING $74,523.06, LIABILITY CHECKS NUMBERED 1041681 THROUGH 1041702 TOTALING $145,047.67, FIVE WIRE TRANSFERS FOR $59,364.02, AND THREE ELECTRONIC ACH DEBITS OF $1,064,715.49, IN THE AGGREGATE AMOUNT OF $1,343,650.24, DRAWN ON BANK OF AMERICA.”

2.D. ACCEPT THE RESIGNATION OF ARMANDO RANCANO FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Armando Rancano from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2011.

2.E. NORTH AMERICAN SENIOR CIRCUIT SOFTBALL, SENIOR SOFTBALL WORLD SERIES 22ND ANNUAL TOURNAMENT IN SEPTEMBER 2010:        Item 2.E. Additional Material
RECOMMENDATION: Approve the allocation of $25,000 from Economic Development Recovery Fund-Special Events, for in-kind sponsorship of city services and supplies for the North American Senior Circuit Softball (NASCS), Senior Softball World Series 22nd Annual Tournament in September 2010.

2.F. NOTICE OF INTENT TO MODIFY THE BASIS AND METHOD OF LEVYING ASSESSMENTS AND THE RENEWAL OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT AND THE LEVY OF THE FISCAL YEAR 2010-11 ASSESSMENTS AND SETTING THE PUBLIC HEARING FOR JUNE 2, 2010:
RECOMMENDATION: Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE BASIS AND METHOD OF LEVYING ASSESSMENTS AND TO RENEW THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT TO PROVIDE PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN AREAS OF PALM SPRINGS AND SETTING A PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE AND AUTHORIZING THE LEVY OF ASSESSMENTS.”

2.G. PRELIMINARY NOTIFICATION LETTER FOR THE FISCAL YEAR 2009-10 AUDIT FROM CITY AUDITORS LANCE, SOLL & LUNGHARD, LLP:
RECOMMENDATION: Receive and file.

2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1772, AMENDING SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1772, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020 OF, ADDING SUBSECTION (d) TO SECTION 5.26.030 OF, AND ADDING SUBSECTION (E) TO SECTION 5.24.040 OF, THE PALM SPRINGS MUNICIPAL CODE, ADDING BOUTIQUE HOTELS AS HOTELS COVERED BY THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM."

2.I. AMENDMENT NO. 7 TO AGREEMENT NO. A4317 WITH CVAG FOR THE INDIAN AVENUE (NOW INDIAN CANYON DRIVE) / INTERSTATE-10 INTERCHANGE PROJECT (CP 00-14):
RECOMMENDATION: 1) Approve Amendment No. 7 to Agreement No. A4317 with CVAG for allocating an additional $1,364,272 in Regional Measure A funds and amending the total obligated expenditure to $18,442,835 for the Indian Avenue (now Indian Canyon Drive) / Interstate-10 Interchange Project (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A4317.

2.J. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5943 WITH HARDY & HARPER, INC. FOR THE FISCAL YEARS 2008-09 AND 2009-10 ANNUAL OVERLAY PROJECT IN THE AMOUNT OF $45,768.50 (CP 08-28):
RECOMMENDATION: 1) Approve Change Order No. 2 to Agreement No. A5943 with Hardy & Harper, Inc. for the Fiscal Years 2008-09 and 2009-10 Annual Overlay Project in the amount of $45,768.50; and 2) Authorize the City Manager to execute all necessary documents. A5943.

2.K. APPROVAL OF BRIDGE AESTHETIC DESIGN CONCEPT FOR THE BOGERT TRAIL BRIDGE REHABILITATION (CP 07-03):
RECOMMENDATION: Approve the preliminary aesthetic design concept (excluding stained treatment of the bridge pier walls) for the Bogert Trail Bridge Rehabilitation (CP 07-03).

2.L. COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF AN AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE PALM SPRINGS VISITOR INFORMATION CENTER LOCATED AT 2901 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve Agreement No. A5917 with the Agua Caliente Band of Cahuilla Indians for non-exclusive use of the Palm Springs Visitor Information Center located at 2901 North Palm Canyon Drive for the purpose of promoting tourism; and 2) Authorize the Executive Director to execute all necessary documents. A5917.

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

3. LEGISLATIVE:

3.A. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO HANDBILLS, PEDDLERS AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION:
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, AMENDING CHAPTER 5.20 AND 5.48 OF, AND REPEALING CHAPTER 11.68 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HANDBILLS, PEDDLERS, AND SOLICITORS, SOLICITATION ON PRIVATE PROPERTY, AND CHARITABLE SOLICITATION.”

4. UNFINISHED BUSINESS:

4.A. MUSEUM MARKET PLAZA SPECIFIC PLAN MONTHLY UPDATE:
RECOMMENDATION: Direct staff as appropriate.

4.B. CANNAHELP MEDICAL CANNABIS COLLECTIVE/COOPERATIVE UPDATE:
RECOMMENDATION: Direct staff as appropriate.

4.C. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2010-11 GENERAL FUND BUDGET:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. AIRLINE MARKETING INCENTIVE PROGRAM FUND ALLOCATION TO WESTJET AIRLINES:
Item 5.A. Additional Material 
RECOMMENDATION: 1) Approve an air service incentive agreement with WestJet Airlines, not to exceed $30,000, effective June 1, 2010, through August 31, 2010; and 2) Authorize the City Manger to execute all necessary documents. A____.

5.B. CONSIDERATION OF THE FOURTH OF JULY FIREWORKS DISPLAY CONTRACT:
Item 5.B. Additional Material 
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, May 19, 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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