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City Council Meeting

June 15, 2011

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
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. REGULAR MEETING
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

CALL TO ORDER:

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

INVOCATION: Father John Kavcak, Our Lady of Solitude 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. CONSIDERATION OF THE LOCAL DEVELOPMENT MITIGATION FEE ORDINANCE AND RESOLUTION FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:
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, ADOPTING A REVISED LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY OF PALM SPRINGS, CALIFORNIA UNDER THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN;” 3) Waive reading and introduce by title only for first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.95 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN.”

1.B. CONSIDER THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH WESSMAN DEVELOPMENT FOR THE RENOVATION/REMODEL OF THE DESERT FASHION PLAZA AND RELATED PROPERTIES IN ACCORDANCE WITH THE MUSEUM MARKET PLAZA SPECIFIC PLAN LOCATED AT 123 NORTH PALM CANYON DRIVE AND RELATED PROPERTIES (CASE 5.1204):
Application withdrawn.

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 June 15, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of June 1, 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 1049059 THROUGH 1049178 IN THE AGGREGATE AMOUNT OF $2,608,785.84, 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 5-28-11 BY WARRANTS NUMBERED 416683 THROUGH 416709 TOTALING $41,567.16, LIABILITY CHECKS NUMBERED 1049179 THROUGH 1049204 TOTALING $126,534.23, FIVE WIRE TRANSFERS FOR $48,410.24, AND THREE ELECTRONIC ACH DEBITS OF $982,599.44, IN THE AGGREGATE AMOUNT OF $1,199,111.07, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049205 THROUGH 1049280 IN THE AGGREGATE AMOUNT OF $787,836.49, DRAWN ON BANK OF AMERICA.”

2.D. TREASURER’S INVESTMENT REPORT AS OF APRIL 30, 2011:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of April 30, 2011.

2.E. ACCEPT THE RESIGNATION OF MARTIN DANIELSON FROM THE VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Martin Danielson from the Villagefest Board; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2012.

2.F. MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP TO MANAGE THE COACHELLA VALLEY INNOVATION HUB (CViHUB) AND AN OPERATING BUDGET FOR CViHUB FOR FISCAL YEAR 2011-12:
RECOMMENDATION: 1) Approve a Memorandum of Understanding with the Coachella Valley Economic Partnership to manage the Coachella Valley Innovation Hub (CViHub) and an operating budget for Fiscal Year 2011-12; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. EXTEND THE CONTRACT SERVICES AGREEMENT FOR CLAIMS ADJUSTMENT AND ADMINISTRATIVE SERVICE WITH CARL WARREN & COMPANY TO JUNE 30, 2012:
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. A5322 with Carl Warren & Company extending the Agreement to June 30, 2012; and 2) Authorize the City Manager to execute Amendment No. 4 to the Agreement. A5322.

2.H. JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY FOR THE RELOCATION OF AN EXISTING GAS MAIN:
RECOMMENDATION: 1) Approve a Joint Use Agreement with Southern California Gas Company to facilitate relocation of an existing gas main with Southern California Gas Company; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. AWARD OF CONTRACT FOR THE INDIAN CANYON DRIVE WIDENING (TRAMVIEW ROAD TO UPRR), FEDERAL PROJECT NO. STPLN-5282 (023) (CP 01-25):
RECOMMENDATION: 1) Determine the Bid submitted by the apparent low bidder, Vance Corporation, as incomplete and containing at least one major irregularity, and reject it as non-responsive; 2) Determine the apparent second low bidder, Griffith Company, as the lowest responsive bidder; 3) Approve an agreement with Griffith Company for the Indian Canyon Drive Widening (Tramview Road to UPRR), Federal Project No. STPLN-5282(023) in the amount of $2,865,821.50 (CP 01-25); and
4) Authorize the City Manager to execute all necessary documents. A____.

2.J. PROPOSED RESOLUTIONS CALLING THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, ORDERING SERVICES AND ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND CITY CHARTER;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011;” and 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011.”

2.K. PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR ON-CALL ENGINEERING PLAN CHECK SERVICES:
RECOMMENDATION: 1) Approve an agreement with Engineering Resources of Southern California, Inc. for “on-call” engineering plan check services for an initial three (3) year term, subject to two (2) additional one (1) year extensions; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.L. 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, 2012:
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, 2012.”

2.M. AGREEMENT AWARDS TO FIVE CAR RENTAL CONCESSIONAIRES AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: 1) Award five airport rental car concession agreements to: Avis Budget Car Rental, LLC; The Hertz Corporation; Enterprise Rent-A-Car Company of Los Angeles, LLC d/b/a Alamo Rent A Car & National Car Rental; Enterprise Rent A Car Company of Los Angeles, LLC d/b/a Enterprise Rent-A-Car; DTG Operations, Inc d/b/a Dollar Rent A Car and Thrifty Car Rental for a term of three years; 2) Authorize the City Manager to execute all necessary documents. A____. A____. A____. A____. A____.

2.N. COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL OF REPORT CONCERNING PROPOSED MERGER OF REDEVELOPMENT PROJECTS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE TRANSMITTAL OF THE UNIFIED REPORT FOR THE PROPOSED MERGER OF MERGED PROJECT AREA NO. 1 WITH MERGED PROJECT AREA NO. 2.”

2.O. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY REPAYMENT AND RELENDING OF COMMUNITY REDEVELOPMENT AGENCY LOANS:
CITY COUNCIL RECOMMENDATION:
Approve the issuance of new loans at 6% interest from the General Fund to Merged Area No. 1 and Merged Area No. 2 Capital Projects Funds, in the amount of $1,466,785 and $545,000, respectively, effective June 15, 2011.
COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION:
Agency accept new loans at 6% interest from the General Fund to Merged Area No. 1 and Merged Area No. 2 Capital Projects Funds, in the amount of $1,466,785 and $545,000, respectively, effective June 15, 2011.

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

3. LEGISLATIVE:

3.A. URGENCY ORDINANCE AUTHORIZING 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:
RECOMMENDATION: Adopt Urgency Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING 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.”

4. UNFINISHED BUSINESS:

4.A. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF AN OWNER PARTICIPATION AGREEMENT WITH PS HOUSING INVESTORS, LP IN AN AMOUNT NOT TO EXCEED $1,500,000, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM, FOR THE ACQUISITION AND REHAB OF A 23-UNIT SENIOR APARTMENT PROJECT AT 1433 AND 1455 NORTH INDIAN CANYON DRIVE IN MERGED PROJECT AREA NO. 1:
COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION:
1) Adopt Resolution No. ____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PS HOUSING INVESTORS, LP FOR A FINANCIAL COMMITMENT FOR A 23-UNIT LOW INCOME ACQUISITION AND REHAB SENIOR HOUSING PROJECT IN AN AMOUNT NOT TO EXCEED $1,500,000;” and 2) Authorize the Executive Director or his designee to execute all necessary documents.
CITY COUNCIL RECOMMENDATION:
1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM;” and 2) Authorize the City Manager or his designee to execute all necessary documents. A____.

5. NEW BUSINESS:

5.A. DISCUSSION ON THE LOCAL TAXATION OF MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES:
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.

5.C. EXTEND THE REDUCTION OF COMPENSATION OF THE MAYOR AND COUNCILMEMBERS, AND EXTEND THE REDUCTION IN SALARIES AND SCHEDULES FOR THE EXECUTIVE MANAGEMENT GROUP:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE REDUCTION OF COMPENSATION OF THE MAYOR AND COUNCILMEMBERS, EXTENDING THE REDUCTION IN SALARIES AND SCHEDULES FOR THE EXECUTIVE MANAGEMENT GROUP, AND AMENDING RESOLUTION NO. 22477 AND RESOLUTION NO. 22531.”

5.D. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE PALM SPRINGS DISPOSAL SERVICES CONTACT RENEWAL:
RECOMMENDATION: Appoint two members of the City Council to an ad hoc City Council Subcommittee for the Palm Springs Disposal Services contract renewal.

5.E. APPOINTMENT OF A CITY COUNCIL STANDING SUBCOMMITTEE FOR PERSONNEL AND HUMAN RESOURCES POLICIES:
RECOMMENDATION: Appoint two members of the City Council to a standing City Council Subcommittee for Personnel and Human Resources Policies.

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 Wednesday, July 6, 2011, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

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