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City Council Meeting

June 2, 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: Father Andrew Green, Church of St. Paul in the Desert.

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:

1.A. PUBLIC HEARING, EVALUATION OF PROTEST PROCEEDINGS, AND ADOPTION OF A PROPOSED ORDINANCE TO MODIFY THE BASIS AND METHOD OF LEVYING ASSESSMENTS AND THE RENEWAL OF THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID), AND THE LEVY OF THE FISCAL YEAR 2010-11 ASSESSMENTS:
RECOMMENDATION: 1) Continue the public hearing and the acceptance of ballots/protests, without public testimony at this time, to June 16, 2010; 2) Direct the City Clerk to post a Notice of Continued Public Hearing.

1.B. PROPOSED AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES (CASE 5.1218-A):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the ordinance text in its entirety and read by title only; and 3) Introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 93.22.00 (F, G, K, L, AND M) OF THE PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES.”

1.C. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR ADOPTION OF THE FISCAL YEAR 2010-11 BUDGET:
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, APPROVING THE BUDGET FOR FISCAL YEAR 2010-11 AND SUCH OTHER MATTERS AS REQUIRED;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2010-11 AND SUCH OTHER MATTERS AS REQUIRED;” and 4) Direct the City Manager/Executive Director and Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget document for Fiscal Year 2010-11.

1.D. BUREAU OF JUSTICE ASSISTANCE GRANT APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FISCAL YEAR 2010-11 LOCAL SOLICITATION IN THE AMOUNT OF $35,436:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Authorize the Palm Springs Police Department to submit a 2010 JAG Local Solicitation grant to the United States Bureau of Justice Assistance; 3) Accept $35,436 in grant funding from the United States Bureau of Justice Assistance; and 4) Authorize the City Manager, or his designee, to sign and execute all necessary documents. A____.

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 June 2, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of May 5, 2010, and May 19, 2010.

2.C. TREASURER’S INVESTMENT REPORT AS OF APRIL 30, 2010:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of April 30, 2010.

2.D. PURCHASE OF CARRIER WATER COOLED SCREW CHILLER WITH TURBOCOR COMPRESSOR (RFQ 2010-11):
RECOMMENDATION: 1) Approve the purchase of Chiller equipment and appurtenant items, including delivery charges and California Sales/Use Tax, in the amount of $45,626.63 from B&M Air Conditioning (RFQ 2010-11); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.E. FACILITY USE AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR THE USE OF CLOSED FIRE STATION NO. 445 LOCATED AT 5800 BOLERO ROAD THROUGH JUNE 30, 2011:
RECOMMENDATION: 1) Approve the facility use agreement with Springs Ambulance Service, Inc. dba American Medical Response for the use of closed Fire Station No. 445 located at 5800 Bolero Road through June 30, 2011, at the rate of $500 per month; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.F. AMENDMENT NO. 4 TO AGREEMENT NO. A5793 WITH REPUBLIC INTELLIGENT TRANSPORTATION SERVICES (DBA REPUBLIC ITS):
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. A5793 with Republic Intelligent Transportation Systems (dba Republic ITS), in the amount of $89,450 for Fiscal Year 2009-10, total revised contract amount of $389,450 for Traffic Signal Maintenance Services; and 2) Authorize the City Manager to execute all necessary documents. A5793.

2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1775, EXTENDING THE TEMPORARY DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES (QUIMBY AND PUBLIC ART) TO JULY 1, 2011:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1775, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES, AND EXTENDING ORDINANCE NO. 1757."

2.H. EXTEND SUSPENSION OF TWO-HOUR TIME LIMITS ON PORTIONS OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM ALEJO ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED PARKING LOTS AND PARKING STRUCTURE UNTIL JUNE 30, 2011:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE SUSPENSION OF TWO-HOUR TIME LIMITS ON PORTIONS OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM ALEJO ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED PARKING LOTS AND PARKING STRUCTURE UNTIL JUNE 30, 2011.”

2.I. 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 1042079 THROUGH 1042175 IN THE AGGREGATE AMOUNT OF $872,473.23, 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 5-15-10 BY WARRANTS NUMBERED 415742 THROUGH 415778 TOTALING $54,196.92, LIABILITY CHECKS NUMBERED 1042176 THROUGH 1042196 TOTALING $144,290.74, FIVE WIRE TRANSFERS FOR $57,308.94, AND THREE ELECTRONIC ACH DEBITS OF $1,051,189.30, IN THE AGGREGATE AMOUNT OF $1,306,985.90, DRAWN ON BANK OF AMERICA;” 3) 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 1042197 THROUGH 1042289 IN THE AGGREGATE AMOUNT OF $448,297.89, DRAWN ON BANK OF AMERICA;” and 4) 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 5-31-10 BY WARRANTS NUMBERED 415708 THROUGH 415741 TOTALING $173,931.85, LIABILITY CHECKS NUMBERED 1042290 THROUGH 1042297 TOTALING $3,257.20, TWO WIRE TRANSFERS FOR $925.00, AND THREE ELECTRONIC ACH DEBITS OF $75,964.55, IN THE AGGREGATE AMOUNT OF $254,078.60, DRAWN ON BANK OF AMERICA.”

2.J. DECLARE LIBRARY BOARD OF TRUSTEES APPOINTIVE POSITION AS VACANT PURSUANT TO CITY CHARTER SECTION 605(c) AND PSMC SECTION 2.06.010(f):
RECOMMENDATION: 1) Declare the Library Board appointive office held by Marshall Walker as vacant; and 2) Direct the City Clerk to post a Notice of Vacancy and to fill the unexpired term ending June 30, 2012, as part of the 2010 Annual Recruitment of Commissions and Boards.

2.K. JOINT ITEM OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF 2010-11 LOW AND MODERATE INCOME HOUSING FUND SET-ASIDE:
RECOMMENDATION: [City Council] 1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2010-11 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND;” and [Community Redevelopment Agency] 2) Adopt Resolution No. ___, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2010-11 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND.”

2.L. APPOINTMENT OF A STANDING CITY COUNCIL HOUSING SUBCOMMITTEE:
RECOMMENDATION: Appoint Councilmember Mills and Mayor Pro Tem Hutcheson to the City Council to the Standing City Council Housing Subcommittee.

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

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

5. NEW BUSINESS:

5.A. PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT, FEDERAL-AID PROJECT NO. CML-5282(031) (CP 08-04):
RECOMMENDATION: 1) Approve an agreement with RBF Consulting, in the amount of $247,521 for environmental and traffic engineering design services for the Traffic Management Center and Citywide Traffic Signal Interconnect Project, Federal Aid Project No. CML-5282(031) (CP 08-04); and 2) Authorize the City Manager to execute all necessary documents. A____.

5.B. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2010-11:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES AS THE CITY’S BROKER OF RECORD, TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGE FEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, AND CRIME/FIDELITY LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2010-2011, EFFECTIVE JULY 1, 2010.”

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, June 16, 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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