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City Council Meeting Agenda and Staff Reports

March 6, 2013

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
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Paul Lewin, 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, Chief of Staff/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. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Sharon Stroud, Inner Faith Spiritual Center.

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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1817, PERTAINING TO FIRE SPRINKLER REQUIREMENTS FOR A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS AND BARS:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive further reading and adopt Ordinance No. 1817, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION 27 OF SECTION 8.04.510 OF THE PALM SPRINGS MUNICIPAL CODE (SECTION 903.2.1.2 OF THE STATE FIRE CODE) PERTAINING TO FIRE SPRINKLER REQUIREMENTS FOR A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS AND BARS.”

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 March 6, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of February 20, 2013, January 16, 2013, and January 2, 2013.

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 1061296 THROUGH 1061418 IN THE AGGREGATE AMOUNT OF $1,433,503.44, 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 02-02-13 BY WARRANTS NUMBERED 418006 THROUGH 418024 TOTALING $34,112.02, LIABILITY CHECKS NUMBERED 1061419 THROUGH 1061443 TOTALING $123,577.90, FIVE WIRE TRANSFERS FOR $39,450.60, AND THREE ELECTRONIC ACH DEBITS OF $1,035,162.52 IN THE AGGREGATE AMOUNT OF $1,232,303.04, 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 1061444 THROUGH 1061594 IN THE AGGREGATE AMOUNT OF $1,404,883.95, 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 1061595 THROUGH 1061697 IN THE AGGREGATE AMOUNT OF $2,369,167.79, 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 02-16-13 BY WARRANTS NUMBERED 418025 THROUGH 418043 TOTALING $35,220.09, LIABILITY CHECKS NUMBERED 1061698 THROUGH 1061722 TOTALING $123,338.35, FIVE WIRE TRANSFERS FOR $39,450.60, AND THREE ELECTRONIC ACH DEBITS OF $1,022,969.86 IN THE AGGREGATE AMOUNT OF $1,220,978.90, 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 1061723 THROUGH 1061919 IN THE AGGREGATE AMOUNT OF $960,488.62, DRAWN ON BANK OF AMERICA.”

2.D. MILLS ACT HISTORIC SITE AGREEMENT WITH MARTINI MADNESS LLC, FOR THE DEL MARCOS HOTEL LOCATED AT 225 WEST BARISTO ROAD (HSPB 78):
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MILLS ACT HISTORIC PROPERTY AGREEMENT WITH MARTINI MADNESS LLC, DEL MARCOS HOTEL LOCATED AT 225 WEST BARISTO ROAD (HSPB 78);” 2) Authorize the City Manager to execute the agreement; and 3) Direct the City Clerk to record the executed agreement. A____.

2.E. APPROVE A PURCHASE ORDER CONTRACT WITH MAXWELL SECURITY FOR INTERIM UNARMED SECURITY AT THE CITY HALL FACILITY:
RECOMMENDATION: Approve a purchase order contract with Maxwell Security for as needed unarmed security patrol at City Hall at the contracted hourly rate of $18.00 per hour.

2.F. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2013:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of January 31, 2013.

2.G. SERVICE AGREEMENT WITH TIME WARNER CABLE FOR ENHANCED WIRELESS INTERNET CAPACITY AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: 1) Approve the sole-source Service Agreement with Time Warner Cable for 36 months in the amount of $1,820 per month and a one-time installation fee of $4,984, for a total amount of $70,504; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2012-13 ANNUAL SLURRY SEAL PROJECT (CP 13-02):
RECOMMENDATION: 1) Approve the plans, specifications, and estimate and working details for the 2012-13 Annual Slurry Seal Project; and
2) Authorize staff to advertise and solicit bids (CP 13-02).

2.I. ACCEPT THE RESIGNATION OF NANCY FERGUSON FROM THE PARKS & RECREATION COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Nancy Ferguson from the Parks & Recreation Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2015.

2.J. PALM SPRINGS LIBRARY STAFF REORGANIZATION AND EXTENDED SERVICE DAYS AND HOURS APPROVING AMENDMENT NO. 3 TO THE FISCAL YEAR 2012-13 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. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2012-13 ADOPTED BY RESOLUTION NO. 23145, REORGANIZING LIBRARY STAFF AND EXTENDING SERVICE DAYS AND HOURS.”

2.K. APPROVAL OF PLANS AND SPECIFICATIONS FOR AIRPORT TERMINAL APRON AND TAXIWAY G REHABILITATION PROJECT AND AUTHORIZATION TO BID (AIP GRANT NO. 50) (CP 13-16):
RECOMMENDATION: 1) Approve the plans and specifications for the Airport Terminal Apron and Taxiway G Project for Airport Improvement Project; and 2) Authorize staff to advertise and solicit bids
(AIP GRANT 3-06-0181-50) (CP 13-16).

2.L. AGREEMENT WITH DARNELL & ASSOCIATES, INC. FOR THE CITYWIDE SPEED SURVEY PROJECT IN THE AMOUNT OF $44,760 (CP 12-10):
RECOMMENDATION: 1) Approve an agreement with Darnell & Associates, Inc. for professional traffic engineering services for the citywide speed survey, in the amount of $44,760 (CP 12-10); and
2) Authorize the City Manager to execute all necessary documents. A____.

2.M. AMENDMENT NO. 3 TO AGREEMENT NO. A6050 WITH CONSERVE LANDCARE INC. FOR GATEWAY PARK LANDSCAPE IMPROVEMENT MAINTENANCE:
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A6050 with Conserve Landcare Inc. in the amount of $20,852, for a revised total contract amount of $65,732; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2012-13 FOR LANDSCAPE IMPROVEMENT MAINTENANCE AT GATEWAY PARK;” and 3) Authorize the City Manager to execute all necessary documents. A6050.

2.N. ESTABLISH A SIGN DISTRICT FOR PERMANENT AND TEMPORARY SIGNAGE AT THE PALM SPRINGS CONVENTION CENTER LOCATED AT 277 NORTH AVENIDA CABALLEROS (CASE SI 12-079):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ESTABLISHMENT OF A SPECIAL SIGN DISTRICT FOR THE PALM SPRINGS CONVENTION CENTER, LOCATED AT
277 NORTH AVENIDA CABALLEROS (CASE SI 12-079).”

2.O. APPROVE THE LEASE/PURCHASE OF 246 PIECES OF GOLF COURSE MAINTENANCE EQUIPMENT TO SERVICE THE CITY’S TAHQUITZ CREEK LEGENDS AND RESORT GOLF COURSES AND AMEND THE MASTER LEASE AGREEMENT, NUMBER 40911004, TO FINANCE THE LEASE/PURCHASE OF THE EQUIPMENT THROUGH EVER BANK COMMERCIAL FINANCE:
RECOMMENDATION: 1) Approve the Amendment of the Master Lease Agreement, Number 40911004, with Ever Bank Commercial Finance for the financing of the lease/purchase of 246 pieces of golf course maintenance equipment in the amount of $20,916.86 per month, for a term of sixty months, for a total cost, (with interest at not to exceed 3.99%) of $1,255,011.60; and 2) Authorize the City Manager to execute all necessary documents upon review and approval of the City Attorney. A6289.

2.P. CITY COUNCIL ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY DEVELOPMENT AGENCY, PROPOSED RESOLUTION APPROVING THE TRANSFER OF CERTAIN ASSETS TO THE HOUSING SUCCESSOR AGENCY AND FINDING, RATIFYING, AND CONFIRMING THE TRANSFER OF CERTAIN ASSETS AND REAL PROPERTY, PREVIOUSLY HELD BY THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, TO THE CITY OF PALM SPRINGS FOR CITY GOVERNMENTAL PURPOSES:
RECOMMENDATION: Adopt a Resolution pertaining to the transfer of certain assets to the Housing Successor Agency and the transfer of property for City governmental purposes to the City of Palm Springs and other matters as required by law.

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. PALM SPRINGS PROMENADE LLC APPROVAL OF DOWNTOWN PALM SPRINGS RENOVATION PROJECT, REVIEW OF HOTEL REDESIGN (CASE 5.1290 PD 361):
RECOMMENDATION: Approve the revised elevations and determine that Condition No. 1 of the Conditions of Approval to Resolution No. 23270 has been satisfied.

5. NEW BUSINESS:

5.A. PROPOSED ACTIONS REGARDING A REFERENDUM PETITION FILED FOR RESOLUTION NO. 23270, RECONSIDERATION OF THE RESOLUTION OR CALLING AN ELECTION AND OTHER MATTERS AS REQUIRED BY LAW REGARDING THE APPROVAL OF A PRELIMINARY PLANNED DEVELOPMENT DISTRICT LOCATED WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN:
RECOMMENDATION: 1) Receive and File the Certificate of Sufficiency as prepared and executed by the City Clerk; 2) Adopt Resolution
No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2012-13 FOR THE PURPOSE OF A SPECIAL ELECTION;”
3) 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 SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 4, 2013, FOR THE SUBMISSION TO THE QUALIFIED VOTERS A RESOLUTION APPROVING A PRELIMINARY PLANNED DEVELOPMENT DISTRICT WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN;” 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AT THE TUESDAY, JUNE 4, 2013, SPECIAL MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS;” 5) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE TUESDAY, JUNE 4, 2013, SPECIAL MUNICIPAL ELECTION;” 6) 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 4, 2013;” 7) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 4, 2013, BE MADE BY THE CITY CLERK;” and 8) Determine that Resolution No. 23270 is not a legislative action of the City Council subject to the referendum and direct the City Attorney to secure a judicial determination of the validity of the referendum.

5.B. APPOINTMENTS TO THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Appoint Heidi Epling to the Villagefest Board for the term ending June 30, 2013; and 2) Appoint Joy Meredith to the Villagefest Board for the term ending June 30, 2014.

5.C. SALE AND A SITE ASSEMBLY AND PARKING AGREEMENTS WITH CDI VENTURES, LLC FOR AN APPROXIMATE 7.8 ACRE PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD FOR THE DEVELOPMENT OF A 200-ROOM DOLCE HOTEL:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SALE AGREEMENT AND A SITE ASSEMBLY AND PARKING AGREEMENT WITH CDI VENTURES, LLC FOR AN APPROXIMATE 7.8 ACRE PARCEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD FOR THE DEVELOPMENT OF A 200-ROOM DOLCE HOTEL;” and 2) Authorize the City Manager to execute all necessary documents. A____.

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, March 20, 2013, 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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