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City Council Meeting

September 21, 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.

4:30 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. REGULAR MEETING
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

CALL TO ORDER:

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

INVOCATION: Dr. Jeff Walker, Victory Christian 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 ORDINANCE AMENDING THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES (CASE 5.1270 ZTA):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive reading and introduce by title only for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES”.

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 September 21, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council/Community Redevelopment Agency Minutes of September 7, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 8-20-11 BY WARRANTS NUMBERED 416895 THROUGH 416933 TOTALING $51,329.13, LIABILITY CHECKS NUMBERED 1050811 THROUGH 1050835 TOTALING $125,237.77, FIVE WIRE TRANSFERS FOR $48,857.82, AND THREE ELECTRONIC ACH DEBITS OF $980,989.73, IN THE AGGREGATE AMOUNT OF $1,206,414.45, DRAWN ON BANK OF AMERICA;” and 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 1050836 THROUGH 1050987 IN THE AGGREGATE AMOUNT OF $1,181,005.53, 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 1050988 THROUGH 1051103 IN THE AGGREGATE AMOUNT OF $1,013,287.88, 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 1051104 THROUGH 1051198 IN THE AGGREGATE AMOUNT OF $2,378,615.86, 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 PAYROLL WARRANTS FOR THE PERIOD ENDED 9-03-11 BY WARRANTS NUMBERED 416934 THROUGH 416974 TOTALING $47,906.55, LIABILITY CHECKS NUMBERED 1051199 THROUGH 1051224 TOTALING $129,830.86, FIVE WIRE TRANSFERS FOR $48,805.16, AND THREE ELECTRONIC ACH DEBITS OF $990,269.62, IN THE AGGREGATE AMOUNT OF $1,216,812.19, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTHS OF JULY AND AUGUST 2011:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through
August 31, 2011.

2.E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2011, THROUGH JUNE 30, 2012, SUBJECT TO THE UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;” and 2) Authorize the City Manager to execute all necessary documents. A5364. A5428.

2.F. AMENDMENT NO. 19 TO THE CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, NEW 3% @ 55 SAFETY FIRE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475 DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW FIRE EMPLOYEES):
RECOMMENDATION: 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.” A0037.

2.G. PURCHASE A MOBILE PASSENGER BOARDING RAMP MODEL BAR 2033 FB, FROM KEITH CONSOLIDATED INDUSTRIES, INC. IN THE AMOUNT OF $53,899.73:
RECOMMENDATION: 1) Approve the purchase of one (1) Mobile Passenger Boarding Ramp, Model BAR 2033 FB, from Keith Consolidated Industries, Inc. in the amount of $53,899.73, inclusive of delivery and all applicable taxes; and 2) Authorize the City Manager to execute all necessary documents.

2.H. AMENDMENT NO. 2 TO LEASE AGREEMENT NO. A1079 WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT AND AMENDMENT
NO. 3 TO SUBLEASE AGREEMENT NO. A4475 WITH KURT AND ANA HAGGSTROM FOR PROPERTY AT 1300 EAST BARISTO ROAD
:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement
No. A1079 with the Palm Springs Unified School District for property located at 1300 East Baristo Road extending the term to June 30, 2015; 2) Approve Amendment No. 3 to Agreement No. A4475 with Kurt and Anna Haggstrom dba Plaza Racquet Club for property located at 1300 East Baristo Road extending the term to June 30, 2015; and 3) Authorize the City Manager to execute all necessary documents. A1079. A4475.

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

2.J. RENEWAL OF AGREEMENT NO. A5724 WITH THE USO, GREATER LOS ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE FOR HANGAR SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: 1) Approve renewal of Agreement No. A5724 with the USO, Greater Los Angeles Area, Inc., effective November 1, 2011, to October 31, 2014, for the non-exclusive operating and lease for hangar space at the Palm Springs International Airport from November 1, 2011, through October 31, 2014; and 2) Authorize the City Manager to execute all necessary documents. A5724.

2.K. AWARD CONTRACT TO C. S. CONSTRUCTION FOR AIRPORT PERIMETER FENCE IMPROVEMENTS IN THE AMOUNT OF $2,741,240 (FAA AIP 3-06-0818-048-2012):
RECOMMENDATION: 1) Award the construction contract to
C. S. Construction for the Airport Perimeter Fence Improvements Project in the amount of $2,741,240 (AIP 3-06-0818-048-2011); 2) Authorize FAA Grant Acceptance in the amount of $2,741,240; and 3) Authorize the City Manager to execute all necessary documents. A____. A6084.

2.L. ACCEPT A CONTRIBUTION OF $25,000 FROM THE COUNTY OF RIVERSIDE AND APPROVE AN AGREEMENT WITH ITC DILIGENCE, INC. FOR ADMINISTRATIVE AND BOUNDARY MODIFICATION SERVICES FOR THE PALM SPRINGS FOREIGN TRADE ZONE NO. 236 IN THE AMOUNT OF $55,000:
RECOMMENDATION: 1) Accept a $25,000 contribution from the County of Riverside; 2) Approve an agreement with ITC Diligence, Inc. for the administration and boundary modification of Foreign Trade Zone No. 236 in the amount of $55,000; and 3) Authorize the City Manager to execute all necessary documents. A____.

2.M. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6093 WITH PTM GENERAL ENGINEERING SERVICES FOR THE INDIAN CANYON DRIVE AT VISTA CHINO TRAFFIC SIGNAL MODIFICATION IN THE AMOUNT OF $27,354.82 (CP 08-17):
RECOMMENDATION: 1) Approve Change Order No. 1 to Agreement No. A6093 with PTM General Engineering Services, in the amount of $27,354.83, for a revised total contract amount of $230,557.83 for the Indian Canyon Drive at Vista Chino Traffic Signal Modification (CP 08-17); and 2) Authorize the City Manager to execute all necessary documents. A6093.

2.N. ACCEPTANCE OF $125,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
RECOMMENDATION: 1) Accept $125,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program; and 2) Authorize the City Manager to execute all necessary documents. A5734.

2.O. AIR SERVICE INCENTIVE PROGRAM FUNDING FOR WEST JET, UNITED, ALLEGIANT, AND FRONTIER AIRLINES IN THE AMOUNT OF $357,500:
RECOMMENDATION: 1) Approve air service incentive funding for West Jet, United, Allegiant, and Frontier Airlines in the amount of $357,500;
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;” and 3) Authorize City Manager to execute all necessary documents.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE APPROVING THE CREATION OF THE MEASURE “J” OVERSIGHT COMMISSION SUBJECT TO RATIFICATION OF MEASURE “J” BY THE VOTERS OF THE CITY OF PALM SPRINGS ON NOVEMBER 8, 2011:
RECOMMENDATION: Waive reading and introduce by title only for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE MEASURE “J” OVERSIGHT COMMISSION.”

3.B. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PROPOSED ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION OF AN ORDINANCE “OPTING IN” TO THE STATE OF CALIFORNIA’S VOLUNTARY ALTERNATIVE CONTRIBUTION PROGRAM FOR REDEVELOPMENT AGENCIES UNDER ABX1 27 APPROVAL AND TRANSMITTAL OF PRELIMINARY DRAFT INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) APPROVAL OF A REMITTANCE AGREEMENT BETWEEN THE AGENCY AND THE CITY OF PALM SPRINGS FOR THE ABX1 27 PAYMENT APPROVAL OF A RESOLUTION REDUCING THE ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12 AND, APPROVAL OF CITY AND AGENCY BUDGET AMENDMENTS FOR FISCAL YEAR 2011-12 TO EFFECTUATE THE VOLUNTARY CONTRIBUTION:
CITY COUNCIL RECOMMENDATION: 1) Waive reading of text and adopt Urgency Ordinance No. _____, “AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;” 2) Waive reading and introduce by title only for first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;”
3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required
AB1X 27 Payments; 4) Approve a supplemental appropriation of $3,436,380 from offsetting Agency revenues under the Remittance Agreement, for the payment of the Voluntary Contribution under AB1X 27 for Fiscal Year 2011-12; and 5) Authorize the City Manager to execute all necessary documents.
COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION:
1) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (IROPS) PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS THEREWITH; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS”; and 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required
AB1X 27 Payments; 4) Adopt Resolution No. _____, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUPPLEMENTAL APPROPRIATION OF $3,436,380 FROM THE DEBT SERVICE FUNDS, REQUIRED BY THE REMITTANCE AGREEMENT FOR FISCAL YEAR 2011-12 TO BE TRANSFERRED TO THE CITY OF PALM SPRINGS;” and 5) Authorize the Executive Director to execute all necessary documents. A____.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS: None.

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, October 5, 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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