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City Council Meeting

September 22, 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.

4:00 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 MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Pastor David Sanger, Our Savior’s Community Church.

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. PROPOSED ESTABLISHMENT OF A CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FORMATION OF AN ASSESSMENT DISTRICT TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS FOR PROPERTY WITHIN THE CITY PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; CONFIRMING THE BOUNDARIES OF THE ASSESSMENT DISTRICT AND THE LEVY OF CONTRACTUAL ASSESSMENTS; AUTHORIZING PARTICIPATION IN THE PACIFIC HOUSING & FINANCE AGENCY’S PROPERTY ASSESSED CLEAN ENERGY AND WATER EFFICIENCY PROGRAM; AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.”

1.B. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL TO INCLUDE SITE PARKING AND LANDSCAPE AREAS, LOCATED AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (HSPB 33):
RECOMMENDATION: 1) Continue the Public Hearing with no public testimony; and 2) Direct the City Clerk to re-notice the public hearing.

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 September 22, 2010, City Council Agenda.

2.B. AMENDMENT NO. 1 TO AGREEMENT NO. A5548 WITH HARRELL & COMPANY ADVISORS, LLC FOR AN ADDITIONAL THREE YEARS FOR FINANCIAL CONSULTING SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5548 with Harrell & Company Advisors, LLC, for Financial Consulting Services, extending the term for three years; and 2) Authorize the City Manager to execute all necessary documents. A5548.

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 PAYROLL WARRANTS FOR THE PERIOD ENDED 8-21-10 BY WARRANTS NUMBERED 416022 THROUGH 416058 TOTALING $48,141.01, LIABILITY CHECKS NUMBERED 1043957 THROUGH 1043977 TOTALING $127,569.05, FIVE WIRE TRANSFERS FOR $56,837.44, AND THREE ELECTRONIC ACH DEBITS OF $972,919.73, IN THE AGGREGATE AMOUNT OF $1,205,467.23, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1043978 THROUGH 1044108 IN THE AGGREGATE AMOUNT OF $266,784.76, 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 1044109 THROUGH 1044209 IN THE AGGREGATE AMOUNT OF $3,168,144.51, DRAWN ON BANK OF AMERICA;” 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 9-04-10 BY WARRANTS NUMBERED 416059 THROUGH 416100 TOTALING $49,706.88, LIABILITY CHECKS NUMBERED 1044210 THROUGH 1044230 TOTALING $128,454.09, FIVE WIRE TRANSFERS FOR $53,411.50, AND THREE ELECTRONIC ACH DEBITS OF $1,024,212.55, IN THE AGGREGATE AMOUNT OF $1,255,785.02, DRAWN ON BANK OF AMERICA;” and 5) 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 1044231 THROUGH 1044249 IN THE AGGREGATE AMOUNT OF $399,042.05, DRAWN ON BANK OF AMERICA.”

2.D. ACCEPT THE RESIGNATION OF DAVID SHIPLEY FROM THE PUBLIC ARTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of David Shipley from the Public Arts Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.E. TRAVIS COMPANIES, INC. APPROVE THE APPEAL AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION OF A GASOLINE SERVICE STATION LOCATED AT 4701 EAST PALM CANYON DRIVE (CASES 5.1241 CUP AND 6.521 VAR):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPEAL BY TRAVIS COMPANIES, INC. AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A GASOLINE SERVICE STATION LOCATED AT 4701 EAST PALM CANYON DRIVE (CASES 5.1241 AND 6.521 VAR).”

2.F. PURCHASE OF SPRAY CLEANING SYSTEM FROM MASTER TECHNOLOGIES IN THE AMOUNT OF $71,747.47 FOR THE NEW ANIMAL CARE FACILITY:
RECOMMENDATION: 1) Waive the competitive requirements of the Municipal Code pursuant to Section 7.04.020 and award a sole source purchase and installation of a SMT-600-REY Spray Cleaning System, from Spray Master Technologies, in the amount of $71,747.47; and 2) Authorize the City Manager to execute all necessary documents.

2.G. AMENDMENT NO. 6 TO AGREEMENT NO. A3090 WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL:
RECOMMENDATION: 1) Approve Amendment No. 6 to Agreement No. A3090 with the Palm Springs International Film Festival, extending the agreement to June 30, 2011; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A3090.

2.H. AMENDMENT NO. 4 TO AGREEMENT A4318 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE (CP 00-14):
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. A4318 with Dokken Engineering in an amount of $72,920 for a revised total contract amount of $1,792,482 for the Indian Canyon Drive / Interstate-10 Interchange Project (CP 00-14); and 2) Authorize the City Manager to execute all necessary documents. A4318.

2.I. AGREEMENT WITH DESERT VALLEYS BUILDERS ASSOCIATION (DVBA) TO PROVIDE INSTALLATION AND MAINTENANCE SERVICES ON DIRECTIONAL REAL ESTATE SIGNS:
RECOMMENDATION: 1) Direct staff to provide the required 30-day notice of termination to the Building Industry Association (BIA) on its contract to install and maintain directional real estate signs; 2) Approve an agreement with the DVBA to install and maintain directional real estate signs effective upon termination of the agreement with the BIA and subject to the approval by the City Attorney; and 3) Authorize the City Manager to execute all necessary documents. A3865. 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. CHANGE THE STREET NAMES FROM CHASE PLACE, FIELD VIEW, AND FOSTER VISTA TO DISTRICT CENTER DRIVE (CASES 5.1238 SNC, 5.1244 SNC, AND 5.1245 SNC):
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A STREET NAME CHANGE FROM CHASE PLACE TO DISTRICT CENTER DRIVE;” 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A STREET NAME CHANGE FROM FIELD VIEW TO DISTRICT CENTER DRIVE;” and 3) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A STREET NAME CHANGE FROM FOSTER VISTA TO DISTRICT CENTER DRIVE.”

5.B. STAFF UPDATE AND POTENTIAL CITY AND COMMUNITY REDEVELOPMENT AGENCY ALTERNATIVES WITH RESPECT TO THE DESERT FASHION PLAZA:
RECOMMENDATION: 1) Discussion of potential alternatives for the Desert Fashion Plaza; and 2) Direct staff on potential alternatives.

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, October 6, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a Closed Session in the Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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