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City Council Meeting

November 16, 2011

CITY COUNCIL
PALM SPRINGS FINANCING AUTHORITY
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/FINANCING AUTHORITY

CALL TO ORDER:

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

INVOCATION: Father Ron Rusk, St. Theresa Catholic 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: None.

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 November 16, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 19, 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 1051837 THROUGH 1051991 IN THE AGGREGATE AMOUNT OF $678,104.32, 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 10-15-11 BY WARRANTS NUMBERED 417030 THROUGH 417055 TOTALING $37,354.38, LIABILITY CHECKS NUMBERED 1051992 THROUGH 1052016 TOTALING $127,374.28, FIVE WIRE TRANSFERS FOR $47,523.59, AND THREE ELECTRONIC ACH DEBITS OF $1,011,426.70, IN THE AGGREGATE AMOUNT OF $1,223,678.95, 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 1052017 THROUGH 1052153 IN THE AGGREGATE AMOUNT OF $1,133,193.42, DRAWN ON BANK OF AMERICA.”

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

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1800, AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 30-ACRE PARCEL LOCATED NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE:
RECOMMENDATION: Waive further reading and adopt Ordinance
No. 1800, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATE 30-ACRE PARCEL (APN 666-320-007, 009, and 013) FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING), LOCATED NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE, SECTION 15.”

2.F. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6142 WITH G&M CONSTRUCTION FOR TRACT NO. 13257 SEWER IMPROVEMENTS IN THE AMOUNT OF $69,015.15 (CP 10-02):
RECOMMENDATION: 1) Approve Change Order No. 1 to Agreement No. A6142 with G&M Construction, in the amount of $72,370.15 for a revised total contract amount of $416,858.40 for Tract No. 13257 Sewer Improvements (CP 10-02); and 2) Authorize the City Manager to execute all necessary documents. A6142.

2.G. ACCEPT THE RESIGNATION OF DELANEY TOUPS FROM THE SUSTAINABILITY COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Delaney Toups from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2013.

2.H. APPOINTMENT TO THE MOUNT SAN JACINTO WINTER PARK AUTHORITY (PALM SPRINGS TRAMWAY BOARD):
RECOMMENDATION: Reappoint Nancy Stuart and Jerry Ogburn to the Mount San Jacinto Winter Park Authority for the term ending September 19, 2015.

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

2.J. 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: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO MODIFY FINAL TRACT MAP 34165 BY DELETING CONDITIONS OF APPROVAL NOS. 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS.”

2.K. DEMUTH COMMUNITY CENTER GARDEN (CP 11-03):
RECOMMENDATION: 1) Reject the bid protest submitted by Braughton Construction, Inc., and determine the bid submitted by Leon’s Landscaping & Tree Service, Inc., as the lowest responsive bid;
2) Approve an agreement with Leon’s Landscaping & Tree Service, Inc., for the Demuth Community Center Garden in the amount of $67,918.75 (CP 11-03); and 3) Authorize the City Manager to execute all necessary documents. A____.

2.L. AWARD OF CONTRACT FOR THE 2010-11 TRAFFIC SIGNAL IMPROVEMENTS (CP 10-07):
RECOMMENDATION: 1) Determine the bid submitted by the apparent low bidder, DBX, Inc., as incomplete and containing at least one major irregularity, and reject it as non-responsive; 2) Determine the apparent second low bidder, Sully-Miller Contracting Company, as the lowest responsive bidder; 3) Approve an agreement with Sully-Miller Contracting Company for the 2010-11 Traffic Signal Improvements in the amount of $391,150 (CP 10-07); and 4) Authorize the City Manager to execute all necessary documents. A____.

2.M. REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER (CP 10-10):
RECOMMENDATION: 1) Approve a reimbursement agreement with CVAG for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River (CP 10-10); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.N. AUTHORIZE ADDITIONAL MISCELLANEOUS FISCAL YEAR 2011-12 MAINTENANCE EXPENDITURES FOR THE CHILLED WATER SYSTEM FOR ALL FACILITIES SUPPLIED BY AND INCLUDING THE CO-GENERATION PLANTS:
RECOMMENDATION: Authorize issuance of additional funds to the Nalco blanket Purchase Order No. 12-0043 for the as-needed purchase of chemicals to treat and replenish the chilled water system in an amount not-to-exceed $75,000.

2.O. MILLS ACT HISTORIC SITE AGREEMENT WITH TOM O’CONNELL FOR THE FRANK SINATRA TWIN PALMS ESTATE LOCATED AT 1145 VIA COLUSA (HSPB 77):
RECOMMENDATION: 1) Approve a Mills Act Historic Property Agreement with Tom O’Connell for the Frank Sinatra Twin Palms Estate located at 1145 Via Colusa (HSPB 77); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to record the agreement. A____.

2.P. AIR SERVICE INCENTIVE PROGRAM FUNDING IN THE AMOUNT OF UP TO $100,000 TO ALASKA AIRLINES FOR SAN JOSE NONSTOP SERVICE:
RECOMMENDATION: 1) Approve an Air Service Incentive Agreement with Alaska Airlines for nonstop flights from Mineta San Jose International Airport to Palm Springs International in the amount of $100,000; 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 TO PROVIDE FUNDING FOR AIR INCENTIVE PROGRAM;” and 3) Authorize the City Manager to execute all the necessary documents. A____.

2.Q. AMENDMENT NO. 1 TO THE FISCAL YEAR 2011-12 ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2011-12, ADOPTED BY RESOLUTION NO. 22925.”

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

3. LEGISLATIVE:

3.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1801, 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: Waive further reading and adopt Ordinance No. 1801, “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.”

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. REQUEST FROM THE CHARLES COMPANY TO AMEND THE PREVIOUSLY APPROVED SIGN DISTRICT FOR “THE SPRINGS” SHOPPING CENTER LOCATED AT 5200 EAST RAMON ROAD
(CASE 5.0984 PD-291-A AND SP 11-005)
:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AMENDMENTS TO A PREVIOUSLY APPROVED SIGN DISTRICT FOR THE ROSS DRESS FOR LESS RETAIL TENANT LOCATED AT 5200 EAST RAMON ROAD.”

5.B. REPORT ON NOISE MITIGATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT AND APPOINTMENT OF AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO STUDY AIRPORT NOISE MITIGATION:
RECOMMENDATION: 1) Receive and file report; and 2) Appoint two members of the City Council to an ad-hoc subcommittee to study airport noise mitigation.

5.C. DISCUSSION ON PROPOSED MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS WITHIN VILLAGEFEST:
RECOMMENDATION: Direct staff to draft amendments to the VillageFest Rules and Regulations and submit to the City Council for adoption.

5.D. JOINT ITEM CITY COUNCIL AND FINANCING AUTHORITY APPROVAL OF REFINANCING OF CERTAIN OBLIGATIONS RELATING TO CONVENTION CENTER:
CITY COUNCIL RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF SUPPLEMENTAL SITE LEASE NO. 2, SUPPLEMENTAL TRUST AGREEMENT NO. 4 AND OTHER LEGAL DOCUMENTS WITH RESPECT TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT).”
FINANCING AUTHORITY RECOMMENDATION: Adopt Resolution No. ____ “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF ITS LEASE REVENUE BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT), APPROVING A PRELIMINARY OFFICIAL STATEMENT, AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT, SUPPLEMENTAL SITE LEASE NO. 3, SUPPLEMENTAL TRUST AGREEMENT NO. 4, SUPPLEMENTAL LEASE AGREEMENT NO. 5, BOND PURCHASE AGREEMENT AND ESCROW DEPOSIT AGREEMENT AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.”

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, December 7, 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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