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City Council Meeting

October 19, 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.

4:30 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. CITY COUNCIL REGULAR MEETING

CALL TO ORDER:

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

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 MEETING:

1.A. UPDATE FROM COLLEGE OF THE DESERT ON THE WEST VALLEY CAMPUS:
RECOMMENDATION: 1) Accept public comment; and 2) Receive and file update.

1.B. UPDATE FROM THE PALM SPRINGS BUREAU OF TOURISM:
RECOMMENDATION: 1) Accept public comment; and 2) Receive and file update.

1. PUBLIC HEARINGS:

1.C. NOBLE & COMPANY REQUESTING A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 30-ACRE PARCEL NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE AND APPROVAL OF TENTATIVE PARCEL MAP 35681 TO SUBDIVIDE THE 30-ACRE PARCEL INTO SIX PARCELS (TPM 35681):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive reading of the full text of the Ordinance and introduce by title only and introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR A 30-ACRE PARCEL (APN 666-320-007, 666-320-009, and 666-320-013);” and 3) Adopt Resolution
No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35681 TO SUBDIVIDE 30 ACRES INTO SIX PARCELS IN SECTION 15 (APN 666-320-007, 666-320-009, AND 666-320-013), (CASE 5.1209CZ TPM 35681).”

1.D. NEXUS DEVELOPMENT (O & M LLC) REQUEST TO MODIFY FINAL TRACT MAP 34165 DELETING CONDITIONS 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS (TM 34165):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Direct staff to prepare an appropriate resolution for the November 16, 2011, City Council meeting to: (i) Approve a modification to Tract Map 34165, or (ii) Deny the request to amend Tract Map 34165, or (iii) Other such action or actions as the City Council deems appropriate.

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 October 19, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 5, 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 1051225 THROUGH 1051358 IN THE AGGREGATE AMOUNT OF $707,127.36, 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 9-17-11 BY WARRANTS NUMBERED 416975 THROUGH 417006 TOTALING $48,080.55, LIABILITY CHECKS NUMBERED 1051359 THROUGH 1051383 TOTALING $127,594.45, FIVE WIRE TRANSFERS FOR $48,015.68, AND THREE ELECTRONIC ACH DEBITS OF $982,906.56, IN THE AGGREGATE AMOUNT OF $1,206,597.24, 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 1051384 THROUGH 1051536 IN THE AGGREGATE AMOUNT OF $879,383.24, 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 1051537 THROUGH 1051679 IN THE AGGREGATE AMOUNT OF $1,655,024.12, DRAWN ON BANK OF AMERICA;” 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 10-01-11 BY WARRANTS NUMBERED 417007 THROUGH 417029 TOTALING $36,283.48, LIABILITY CHECKS NUMBERED 1051680 THROUGH 1051704 TOTALING $126,648.18, FIVE WIRE TRANSFERS FOR $47,533.11, AND THREE ELECTRONIC ACH DEBITS OF $1,020,020.01, IN THE AGGREGATE AMOUNT OF $1,230,484.78, DRAWN ON BANK OF AMERICA;” and 6) 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 1051705 THROUGH 1051836 IN THE AGGREGATE AMOUNT OF $1,034,031.36, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2011:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 2011.

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1796, RELATING TO THE ESTABLISHMENT OF THE MEASURE “J” OVERSIGHT COMMISSION:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1796, “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.”

2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1799, ESTABLISHING ZONING CODE SECTION 93.23.00 CONDITIONS FOR SPECIFIC USES AND CONSOLIDATING VARIOUS SUBSECTIONS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1799, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING ZONING CODE SECTION 93.23.00 CONDITIONS FOR SPECIFIC USES AND CONSOLIDATING VARIOUS SUBSECTIONS OF THE PALM SPRINGS ZONING CODE RELATING TO CONDITIONS FOR SPECIFIC USES INTO SECTION 93.23.00."

2.G. INDIAN CANYON DRIVE WIDENING PROJECT (TRAMVIEW ROAD TO UNION PACIFIC RAILROAD) (CP 01-25):
RECOMMENDATION: Authorize the City Manager to approve cumulative change orders with Griffith Company, of up to 10% of the construction contract amount of $2,865,821.50 (Agreement No. A6108) for the Indian Canyon Drive Widening (Tramview Road to UPRR) Federal Project No. STPLN-5282(023) (CP 01-25). A6108.

2.H. CITY OF PALM SPRINGS SANITARY SEWER SYSTEM MANAGEMENT PLAN BIENNIAL PROGRAM AUDIT:
RECOMMENDATION: Receive and file the 2011 Sewer System Management Plan (“SSMP”) Program Audit.

2.I. AMENDMENT NO. 1 TO AGREEMENT NO. A4898 WITH CVAG REGARDING AB2766 MOTOR VEHICLE REGISTRATION FEE ASSESSMENTS:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A4898 with CVAG with respect to the AB2766 Motor Vehicle Registration Fee Assessments; and 2) Authorize the City Manager to execute all necessary documents. A4898.

2.J. ENCROACHMENT LICENSE WITH THE DESERT HEALTHCARE DISTRICT FOR UNDERGROUND ELECTRIC LINES AND FIBER OPTIC COMMUNICATIONS ON MEL AVENUE:
RECOMMENDATION: 1) Approve an Encroachment License with the Desert Healthcare District for operation and maintenance of private underground electric lines and fiber optic communication lines located in Mel Avenue; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.K. AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT NO. A4394 WITH CVAG FOR THE INDIAN CANYON DRIVE UNION PACIFIC RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CP 01-11):
RECOMMENDATION: 1) Approve Amendment No. 3 to Reimbursement Agreement No. A4394 with CVAG for the Indian Canyon Drive UPRR Bridge Widening (CP 01-11); and 2) Authorize the City Manager to execute all necessary documents. A4394.

2.L. AMENDMENT TO THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM A NEW 3% @ 55 SAFETY FIRE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475: DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW EMPLOYEES) FOR FIRE ONLY:
RECOMMENDATION: Waive reading of the full text of the Ordinance and introduce by title only and introduce on first reading Ordinance No. ____, “AN 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.” A0037.

2.M. AGREEMENT WITH ACTION PARK ALLIANCE FOR OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK:
RECOMMENDATION: 1) Approve an agreement with Action Park Alliance for the operation and management of the Palm Springs Skate Park for a five year period; and 2) Authorize the City Manager to execute all necessary documents. A____.

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

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

4.A. ESTABLISH AN IN-LIEU PARKING FEE INCENTIVE PROGRAM IN THE CENTRAL BUSINESS DISTRICT:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING AN IN-LIEU PARKING FEE INCENTIVE PROGRAM IN THE CENTRAL BUSINESS DISTRICT AREA AS ESTABLISHED BY RESOLUTION NO. 21578, AS AMENDED (COMPREHENSIVE FEE SCHEDULE).”

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, November 16, 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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