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City Council Meeting

February 1, 2012

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
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, Councilmember
Paul Lewin, 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

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: Boy Scout Troop 262.

INVOCATION: Rabbi Sally Olins, Temple Isaiah.

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. CITY’S INDEPENDENT AUDITORS PRESENTATION OF THE FISCAL YEAR 2010-2011 AUDIT:
RECOMMENDATION: 1) Accept public comment; and 2) Receive and file the Fiscal Year 2010-11 Audit.

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 February 1, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 18, 2012, and December 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 01-07-12 BY WARRANTS NUMBERED 417185 THROUGH 417215 TOTALING $48,161.66, LIABILITY CHECKS NUMBERED 1053665 THROUGH 1053689 TOTALING $124,458.99, FIVE WIRE TRANSFERS FOR $163,098.03, AND THREE ELECTRONIC ACH DEBITS OF $1,171,564.53, IN THE AGGREGATE AMOUNT OF $1,507,283.21, 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 1053690 THROUGH 1053849 IN THE AGGREGATE AMOUNT OF $991,142.10, DRAWN ON BANK OF AMERICA.”

2.D. ACCEPT THE RESIGNATION OF DIEGO HEREDIA FROM THE BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Diego Heredia from the Business Improvement District Advisory Board; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2013.

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

2.F. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE APPROVED BY THE VOTERS BY MEASURE “G” PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY THE VOTERS BY MEASURE ‘G’.”

2.G. COOPERATIVE AGREEMENT WITH THE CITY OF CATHEDRAL CITY RELATED TO THE RAMON ROAD WIDENING (SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING (CP 08-25):
RECOMMENDATION: 1) Approve an agreement with the City of Cathedral City for Funding the Local Share of the Preliminary Engineering Phase of the Widening of the Ramon Road Bridge over the Whitewater River Channel and associated Street Improvements FEDERAL-AID PROJECT NO. BHLS-5282 (040) (CP 08-25); and 2) Authorize the City Manager to execute all necessary documents. A_____.

2.H. EASEMENT DEEDS TO RIVERSIDE COUNTY FLOOD CONTROL DISTRICT:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE GRANTING OF AN EASEMENT IN FAVOR OF THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR PALM CANYON WASH, STAGE 5 (RCFC PROJECT NO. 6-0-00040, RCFC PARCEL NO. 6040;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE GRANTING OF EASEMENTS IN FAVOR OF THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR PALM CANYON WASH, STAGE 91 (RCFC PROJECT NO. 6-0-00040, RCFC PARCELS NO. 6040-505A AND 6040-505B;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CONVEYANCE OF LAND IN TRACT MAP NO. 18087 TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR PALM CANYON WASH LATERAL A, STAGE II (RCFC PROJECT NO. 6-0-00041, RCFC PARCEL NO. 6041-500;” and 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CONVEYANCE OF LAND IN TRACT MAP NO. 18087 TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR PALM CANYON WASH LATERAL A, STAGE II (RCFC PROJECT NO. 6-0-00041, RCFC PARCEL NO. 6041-501.”

2.I. ACCEPT THE RESIGNATION OF BARBARA MARSHALL FROM THE HISTORIC SITE PRESERVATION BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Barbara Marshall from the Historic Site Preservation Board; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2013.

2.J. EXTENSION OF THE NEW RESIDENTIAL CONSTRUCTION INCENTIVE PROGRAM AS PART OF THE CITY OF PALM SPRINGS CONTINUING ECONOMIC DEVELOPMENT PROGRAM:
RECOMMENDATION: Approve the extension of the New Residential Construction Incentive Program through December 31, 2012.

2.K. CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES, RELATING TO THE JANUARY 2012 SEVERE WIND STORM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES, PURSUANT TO PALM SPRINGS MUNICIPAL CODE CHAPTER 2.20, RELATING TO THE JANUARY 21, 2012, SEVERE WIND STORM.”

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. UPDATE ON NOISE MITIGATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT BY THE CITY COUNCIL SUBCOMMITTEE:
RECOMMENDATION: 1) Receive and file; and 2) Direct the City Council Subcommittee and/or staff as appropriate.

5. NEW BUSINESS:

5.A. ONE-YEAR SUSPENSION OF FILM AND LOCATION PERMIT FEES:
RECOMMENDATION: Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING FILM PERMIT AND LOCATION FEES FOR ONE (1) YEAR.”

5.B. MID-YEAR FISCAL YEAR 2011-12 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

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, February 15, 2012, 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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