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City Council Meeting

May 18, 2011

CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Steve Pougnet, Mayor
Lee Weigel, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Chris Mills, 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. 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 REGULAR 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. PALM SPRINGS TREATMENT CENTERS, LLC “MICHAEL’S PLACE” AN ASSISTED LIVING FACILITY USE ON AN APPROXIMATE
0.88-ACRE SITE AT 430 SOUTH CAHUILLA ROAD; ZONE R-3, RESORT COMBINING ZONE OVERLAY (CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358)
:
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 CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL’S PLACE; A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE) IN AN EXISTING FACILITY ON AN APPROXIMATE 0.88-ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD (APN 513-212-002).”

1.B. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT:
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, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”

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 THE POSTING OF THE AGENDA:
RECOMMENDATION: Receive and file Report on the Posting of the May 18, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of May 4, 2011, and the Joint Meeting with the Agua Caliente Tribal Council of May 11, 2011.

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 1048238 THROUGH 1048381 IN THE AGGREGATE AMOUNT OF $553,871.00, 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 1048382 THROUGH 1048401 IN THE AGGREGATE AMOUNT OF $216,675.73, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 4-16-11 BY WARRANTS NUMBERED 416602 THROUGH 416629 TOTALING $43,578.68, LIABILITY CHECKS NUMBERED 1048402 THROUGH 1048425 TOTALING $125,352.00, FIVE WIRE TRANSFERS FOR $46,770.96, AND THREE ELECTRONIC ACH DEBITS OF $1,010,521.88, IN THE AGGREGATE AMOUNT OF $1,226,223.52, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1048426 THROUGH 1048606 IN THE AGGREGATE AMOUNT OF $1,338,037.00, DRAWN ON BANK OF AMERICA DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2011:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2011.

2.E. TREASURER’S INVESTMENT REPORT AS OF MARCH 31, 2011:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of March 31, 2011

2.F. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2011-12:
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 2011-2012, EFFECTIVE JULY 1, 2011.”

2.G. AMENDMENT TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRACT, NEW 3% @ 55 SAFETY POLICE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475: DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW EMPLOYEES) – FOR POLICE ONLY:
RECOMMENDATION: 1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS.”

2.H. ACCEPTANCE OF A $60,000 GRANT FROM ORANGE COUNTY/INLAND EMPIRE REGIONAL SMALL BUSINESS DEVELOPMENT CENTER FOR THE COACHELLA VALLEY INNOVATION HUB (CViHUB) PROGRAM:
RECOMMENDATION: 1) Approve the acceptance of the Orange County/Inland Empire Regional Small Business Development Center Grant Award in the amount of $60,000; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. AMENDMENT NO. 2 TO AGREEMENT NO. A5937 WITH THE SPANISH INN, INC. FOR PROPERTY AT 640 NORTH INDIAN CANYON DRIVE:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A5937 with the Spanish Inn; and 2) Authorize the City Manager to execute all necessary documents. A5937

2.J. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1790, ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE
:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1790, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS.”

2.K. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1791, APPROVING CASE 5.1212 CZ, A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1791, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1212 CZ, A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE, SECTION 15, APN 666-330-001-7.”

2.L. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1792, ESTABLISHING ELECTION REGULATIONS REQUIRING PROOF OF RESIDENCY AND REGULATIONS FOR THE USE OF THE CITY SEAL:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1792, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050, AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS PROOF OF RESIDENCY REQUIREMENTS AND THE USE OF THE CITY SEAL.”

2.M. PRELIMINARY NOTIFICATION LETTER FOR THE FISCAL YEAR 2010-11 AUDIT FROM CITY AUDITORS LANCE, SOLL & LUNGHARD, LLP:
RECOMMENDATION: Receive and file.

2.N. SUPPORT AB 307 PENDING STATE LEGISLATION EXPRESSLY ALLOWING FEDERALLY RECOGNIZED INDIAN TRIBES TO ENTER INTO JOINT POWERS AGREEMENTS IN CALIFORNIA:
RECOMMENDATION: Authorize the Mayor to execute and deliver a letter to the State Legislature and the Governor supporting the passage of AB 307. 

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

3. LEGISLATIVE:

3.A. CONSIDERATION OF AN ORDINANCE EXTENDING THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES BY ORDINANCE NO. 1757:
RECOMMENDATION: 1) Waive reading of the full text of the Ordinance and introduce by title only; and 2) Introduce for first reading Ordinance No. _____, “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.”

4. UNFINISHED BUSINESS:

4.A. CITYWIDE ENERGY MANAGEMENT PROJECT:
RECOMMENDATION: 1) Review and approve the list of Energy Conservation Measures to be included in the scope of the overall Citywide energy management project; and 2) Authorize the City Manager to submit an application and pay applicable fees (estimated at $15,000) to the California Solar Incentive Program as may be necessary to secure as much as $600,000 in Performance Based Incentives and $282,000 in renewable energy credits for the photovoltaic systems (if included in the scope of the overall Citywide energy management project).

4.B. STATUS REPORT ABOUT THE COACHELLA VALLEY INNOVATION HUB, A STATE OF CALIFORNIA INITIATIVE PROMOTING THE ADVANCEMENT OF EMERGING INNOVATIVE TECHNOLOGY TO COMMERCIALIZATION:
RECOMMENDATION: Receive and file.

5. NEW BUSINESS:

5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 BUDGET INCLUDING COMMUNITY REDEVELOPMENT AGENCY, RISK MANAGEMENT FUND, CAPITAL PROJECTS FUND, AND SPECIAL DISTRIBUTION FUND:
RECOMMENDATION: Direct staff as appropriate.

5.B. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2011 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION: Appoint members to various Commissions and Boards as part of the 2011 Annual Recruitment of Boards and Commissions.

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 an Adjourned Meeting, Wednesday, May 25, 2011, at 4:00 P.M. in the Large Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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