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City Council Meeting

November 3, 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. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Rev. Dr. Amanda Burr, United Methodist Church of Palm Springs.

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. DESIGNATION OF PORTIONS OF THE ORCHID TREE INN AS CLASS 1 AND 2 HISTORIC SITES, LOCATED AT 261 SOUTH BELARDO ROAD (HSPB 72):
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, DESIGNATING PORTIONS OF THE PROPERTY KNOWN AS THE ORCHID TREE INN AS CLASS 1 AND CLASS 2 HISTORIC SITES (HSPB 72).”

1.B. DESIGNATION OF THE STEPHENS RESIDENCE AS CLASS 1 HISTORIC SITE, LOCATED AT 645 EAST MORONGO ROAD (HSPB 76):
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, DESIGNATING THE PROPERTY LOCATED AT 645 EAST MORONGO ROAD (RESIDENCE OF HUGH STEPHENS) AS A CLASS 1 HISTORIC SITE (HSPB 76).”

1.C. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2010 CALIFORNIA BUILDING STANDARDS CODE:
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, ADDING ARTICLE VII TO CHAPTER 8.04. RELATING TO SWIMMING POOL SAFETY STANDARDS, ADOPTING AND AMENDING THE 2010 EDITIONS OF THE CALIFORNIA BUILDING CODE WITH APPENDICES C, I, AND J, THE 2010 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX H, THE 2010 CALIFORNIA ELECTRICAL CODE, THE 2010 CALIFORNIA MECHANICAL CODE, THE 2010 PLUMBING CODE AND ADOPTING THE 2010 EDITIONS OF THE CALIFORNIA GREEN BUILDING STANDARDS, ENERGY, AND EXISTING BUILDING CODES; AND THE 1997 EDITION OF THE UNIFORM HOUSING CODE;” 4) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ADOPTION AND AMENDMENT OF THE CALIFORNIA FIRE CODE, 2010 EDITION;” and 5) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN LOCAL CONDITIONS REQUIRE AMENDMENTS, ADDITIONS AND DELETIONS TO THE CALIFORNIA BUILDING CODE, 2010 EDITION, THE CALIFORNIA PLUMBING CODE, 2010 EDITION, THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION, AND THE 2010 CALIFORNIA MECHANICAL CODE AND THE 2010 CALIFORNIA FIRE CODE. ”

1.D. COMMUNITY REDEVELOPMENT AGENCY: CONVEYANCE OF 119.3 ACRES LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND INDIAN CANYON DRIVE TO THE DESERT COMMUNITY COLLEGE DISTRICT FOR THE DEVELOPMENT OF THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONVEYING 119.3 +/- ACRES OF LAND TO THE DESERT COMMUNITY COLLEGE DISTRICT FOR THE DEVELOPMENT OF THE DESERT WEST VALLEY CAMPUS;” and 2) Authorize the Executive Director or his designee to execute all necessary documents. A6010.

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 November 3, 2010, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 6, 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 1044546 THROUGH 1044689 IN THE AGGREGATE AMOUNT OF $3,332,149.43, 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 10-02-10 BY WARRANTS NUMBERED 416132 THROUGH 416166 TOTALING $53,718.49, LIABILITY CHECKS NUMBERED 1044690 THROUGH 1044710 TOTALING $125,767.73, FIVE WIRE TRANSFERS FOR $49,638.81, AND THREE ELECTRONIC ACH DEBITS OF $984,676.46, IN THE AGGREGATE AMOUNT OF $1,213,801.49, 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 1044711 THROUGH 1044846 IN THE AGGREGATE AMOUNT OF $838,246.33, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1044847 THROUGH 1045040 IN THE AGGREGATE AMOUNT OF $1,976,491.21, 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 1045041 THROUGH 1045057 IN THE AGGREGATE AMOUNT OF $561,455.25, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS FOR SEPTEMBER 2010:
RECOMMENDATION: Receive and file Staff Authorized Agreements covering the period September 1 through September 30, 2010.

2.E. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS:
RECOMMENDATION: 1) Approve an Agreement with the Palm Springs Unified School District to provide a full time police officer at the Palm Springs High School campus including the Ramon Academy, for one year expiring at the end of school year 2010; and 2) Authorize the City Manager to execute the all necessary documents. A5553.

2.F. ACCEPT THE RESIGNATION OF HOWARD PACKER FROM THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Howard Packer from the Human Rights Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.G. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2010:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of September 30, 2010

2.H. GREENHOUSE GAS EMISSIONS INVENTORY REPORT:
RECOMMENDATION: Receive and file.

2.I. REQUEST THAT THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM BOARD OF ADMINISTRATION APPROVE EMPLOYMENT EXTENSION FOR RETIREE MARTHA EDGMON:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM BOARD OF ADMINISTRATION APPROVE AN EMPLOYMENT EXTENSION PURSUANT TO GOVERNMENT CODE SECTION 21221(h) FOR RETIREE MARTHA EDGMON.”

2.J. AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT NO. A4593 WITH CVAG FOR THE INDIAN CANYON DRIVE WIDENING PROJECT (CP 01-25):
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A4593, a Reimbursement Agreement with the Coachella Valley Association of Governments for the Indian Canyon Drive Widening through the Whitewater River (CP 01-25); and 2) Authorize the City Manager to execute all necessary documents. A4593.

2.K. AMENDMENT NO. 1 TO THE RAMON ROAD WIDENING (SAN LUIS REY DRIVE TO LANDAU BOULEVARD) CVAG REIMBURSEMENT AGREEMENT:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5748, a Reimbursement Agreement with the Coachella Valley Association of Governments for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) (CP 08-25); and 2) Authorize the City Manager to execute all necessary documents. A5748.

2.L. CHANGE ORDER NO. 3 TO AGREEMENT NO. A5943 WITH HARDY & HARPER FOR THE 2008-09 & 2009-10 ANNUAL ASPHALT OVERLAY (CP 08-28):
RECOMMENDATION: 1) Approve Change Order No. 3 to Agreement No. A5943 with Hardy & Harper, Inc. in the amount of $17,740.93 for a final total amount of $1,819,389.40 for the 2008-09 and 2009-10 Annual Overlay (CP 08-28); and 2) Authorize the City Manager to execute all necessary documents. A5943.

2.M. REQUEST BY THE KORAKIA PENSIONE HOTEL FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON PREMISES AT 231, 250 & 257 SOUTH PATENCIO ROAD AND 251 & 265 LUGO ROAD (CASE: 5.1251-PCN):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE & DISTILLED SPIRITS TO HOTEL GUESTS FOR ON-SITE CONSUMPTION AT THE EXISTING HOTEL LOCATED AT 231, 250 & 257 SOUTH PATENCIO ROAD AND 251 & 265 LUGO ROAD.”

2.N. AGREEMENT WITH PATTON ENTERPRISE, INC. FOR THE AIRPORT ACCESS PERIMETER GATES OPERATOR REPLACEMENT IN THE AMOUNT OF $32,441:
RECOMMENDATION: 1) Approve an agreement with Patton Enterprise, Inc. for the replacement and installation of four (4) access perimeter gate operators at the Airport in the amount of $32,441; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.O. AUTHORIZATION TO PURCHASE NATURAL GAS:
RECOMMENDATION: 1) Authorize the City Manager to enter into an agreement for the purchase of natural gas for a term not to exceed 30 months; and 2) Authorize the City Manager to execute all necessary documents. A5740.

2.P. ENCROACHMENT LICENSE WITH ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC, FOR A PRIVATE ELECTRICAL LINE IN CERRITOS ROAD:
RECOMMENDATION: 1) Approve an Encroachment License with Royal Street Communications California, LLC, for operation and maintenance of a private electric and communication line located across Cerritos Road north of Vista Chino; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.Q. AGREEMENT WITH KOA CORPORATION FOR THE VISTA CHINO AT FARRELL DRIVE STREET IMPROVEMENTS [FEDERAL PROJECT CML 5282 (037), CP 09-11]:
RECOMMENDATION: 1) Approve an agreement with KOA Corporation in the amount of $65,030.00 for environmental and civil engineering design services related to the Vista Chino at Farrell Drive Street Improvements [Federal Project CML 5282 (037), CP 09-11]; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.R. LEASE AGREEMENT WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR 5,000 SQUARE FEET OF OFFICE SPACE AT 3111 EAST TAHQUITZ CANYON WAY:
RECOMMENDATION: 1) Approve a lease agreement with the Coachella Valley Economic Partnership for 5,000 square feet of office space at a City owned building located at 3111 East Tahquitz Canyon Way; and 2) Authorize the City Manager to execute all 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. APPOINTMENT OF COMMISSIONERS TO THE SUSTAINABILITY COMMISSION AND BOARD MEMBERS TO THE VILLAGEFEST BOARD AS PART OF THE 2010 ANNUAL RECRUITMENT OF COMMISSIONS AND BOARDS:
RECOMMENDATION: 1) Appoint one member to the Sustainability Commission for the unexpired term ending June 30, 2012; 2) Appoint two members to the Sustainability Commission for the unexpired term ending June 30, 2011; 3) Appoint one member to the VillageFest Board for the unexpired term ending June 30, 2013; and 4) Appoint two members to the VillageFest Board for the unexpired term ending June 30, 2011.

5.B. RIVERSIDE COUNTY REGIONAL DETENTION CENTER ECONOMIC IMPACT STUDY UPDATE:
RECOMMENDATION: 1) Receive and file; and 2) Direct staff as appropriate.

5.C. FIRST QUARTER FISCAL YEAR 2010-11 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.D. ELECTION CAMPAIGN FINANCE REFORM DISCUSSION AND REPORT FROM THE CITY COUNCIL SUBCOMMITTEE:
RECOMMENDATION: 1) Receive and file; and 2) 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, November 17, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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