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City Council Meeting Agenda and Staff Reports

May 1, 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
Geoffrey S. Kiehl, Director of Finance and 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.

5:00 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: Pastor David Sanger, Our Savior’s Community 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. CRAIG WIRELESS FOR A CONDITIONAL USE PERMIT TO INSTALL AND OPERATE COMMERCIAL COMMUNICATION ANTENNAS EXTENDING 15 FEET ABOVE THE ROOF SURFACE OF AN EXISTING BUILDING LOCATED AT 401 RADIO ROAD (CASE 5.1291 CUP):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. ____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, TO INSTALL AND OPERATE A WIRELESS COMMERCIAL COMMUNICATIONS FACILITY ON THE ROOF OF AN EXISTING BUILDING LOCATED AT 401 RADIO ROAD.” (CASE NO. 5.1291).

1.B. GRANT A 15-YEAR EXCLUSIVE FRANCHISE AGREEMENT WITH PALM SPRINGS DISPOSAL SERVICES FOR RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND FOR THE COLLECTION OF RECYCLABLE MATERIAL:
RECOMMENDATION: 1) Take no public testimony at this time; 2) Continue the Public Hearing to May 15, 2013; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law.

1.C. AMEND THE ALLOCATION OF PUBLIC ARTS FEES ON SOLAR GENERATING FACILITIES:
RECOMMENDATION: 1) Take no public testimony at this time and direct staff to re-notice the public hearing; and 2) Appoint an ad hoc City Council Subcommittee for solar generating facilities.

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 are 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 May 1, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of April 17, 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 1062544 THROUGH 1062664 IN THE AGGREGATE AMOUNT OF $1,698,286.16, 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 3-30-13 BY WARRANTS NUMBERED 418083 THROUGH 418102 TOTALING $34,716.85, LIABILITY CHECKS NUMBERED 1062665 THROUGH 1062689 TOTALING $119,711.01, FIVE WIRE TRANSFERS FOR $39,806.10 AND THREE ELECTRONIC ACH DEBITS OF $1,051,300.46 IN THE AGGREGATE AMOUNT OF $1,245,534.42, 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 1062690 THROUGH 1062848 IN THE AGGREGATE AMOUNT OF $1,682,443.50, 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 1062849 THROUGH 1062978 IN THE AGGREGATE AMOUNT OF $1,526,074.33, 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 4-13-13 BY WARRANTS NUMBERED 418103 THROUGH 418121 TOTALING $70,400.53, LIABILITY CHECKS NUMBERED 1062979 THROUGH 1063003 TOTALING $121,014.43, FIVE WIRE TRANSFERS FOR $67,298.38 AND THREE ELECTRONIC ACH DEBITS OF $1,048,945.04 IN THE AGGREGATE AMOUNT OF $1,307,658.38, 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 1063004 THROUGH 1063097, DRAWN ON BANK OF AMERICA.”

2.D. REMOVAL OF AN EXISTING CROSSWALK ON THE WEST SIDE ALONG GENE AUTRY TRAIL (HIGHWAY 111) AT SEVEN LAKES DRIVE:
RECOMMENDATION: Approve the removal of an existing crosswalk on the west side along Gene Autry Trail (Highway 111) at Seven Lakes Drive.

2.E. MEMORANDUM OF UNDERSTANDING WITH RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM TO FOCUS ON “HIGH RISK” AND “AT-LARGE” OFFENDERS:
RECOMMENDATION: Receive and file the Memorandum of Understanding with the Riverside County Probation Department and Post-Release Accountability and Compliance Team. A6354.

2.F. AUTHORIZE THE CITY MANAGER TO AWARD THE CONSTRUCTION CONTRACT FOR THE SKATE PARK MANAGEMENT FACILITY TENANT AND FACADE IMPROVEMENT (CP 13-14):
RECOMMENDATION: 1) Authorize City Manager to award the construction contract for the Skate Park Management of the Facility Tenant and Facade Improvements to the lowest responsive and responsible bidder at an amount not to exceed $375,000; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. AWARD CONTRACT FOR THE 2013 ANNUAL SLURRY SEAL PROJECT (CP 13-02):
RECOMMENDATION: 1) Authorize City Manager to award the contract for the 2013 Annual Slurry Seal Project to the lowest responsive and responsible bidder; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. AWARD CONTRACT TO CHRISP COMPANY FOR THE BICYCLE LANES CONSTRUCTION PROJECT IN THE AMOUNT OF $57,745.60 (CP 12-08):
RECOMMENDATION: 1) Approve an agreement with Chrisp Company, for the Bicycle Lanes construction in the amount of $57,745.60 (CP 12-08); 2) Authorize staff to negotiate with the contractor to extend project limits on Avenida Caballeros south to Baristo with a total change order cost not to exceed $20,000; and 3) Authorize the City Manager to execute all necessary documents. A____.

2.I. AGREEMENTS WITH VERIZON FOR VARIOUS CITY FACILITIES AND THE AIRPORT FOR TELECOMMUNICATION SERVICES FOR A THREE-YEAR PERIOD:
RECOMMENDATION: 1) Waive the competitive bidding requirement pursuant to Municipal Code Section 7.04.020; 2) Approve two agreements with Verizon, as a sole source provider, for basic telephone dial tone services at various city facilities and Integrated Services Digital Network, Primary Rate Interface, (ISDN PRI) at the airport, for a three-year period at the rates approved by and on file with the California Public Utilities Commission in a form acceptable to the City Attorney; and 3) Authorize the City Manger to execute all necessary documents. A____.

2.J. ACCEPT FAA GRANT NO. 3-06-0818-050-2013 FOR THE AIRPORT TERMINAL APRON AND TAXIWAY “G” REHABILITATION PROJECT, AWARD CONTRACT FOR TERMINAL APRON PAVEMENT CONSTRUCTION, AND APPROVE AMENDMENT TO CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH PARSONS BRINCKERHOFF INC.:
RECOMMENDATION: 1) Approve FAA AIP Grant Acceptance amount of $11,374,363.50 for construction and construction management services for the Airport Terminal Apron and Taxiway “G” Rehabilitation Project; 2) Award the construction contract for the Airport Terminal Apron and Taxiway “G” Rehabilitation Project AIP 3-06-0818-050-2013 in the amount of $10,838,638.00 to the lowest responsive bidder, Granite Construction Company, in a from approved by the City Attorney; 3) Approve Amendment No. 3 to Agreement No. A6256 with Parsons Brinckerhoff Inc. for Airport Professional Consulting for construction management services on the Terminal Apron and Taxiway “G” Apron Rehabilitation Project in the amount not to exceed $535,725.50; and 4) Authorize the City Manager to execute all necessary documents including up to ten percent (10%) additional change order work as required to address changes in the project scope. A____. A____. A6256.

2.K. ACCEPT THE RESIGNATION OF GREG RODRIGUEZ FROM THE HUMAN RIGHTS COMMISSION:
RECOMMENDATION: 1) Accept with the resignation of Greg Rodriguez from the Human Rights Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2014.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE REGARDING REGULATIONS FOR FILING OF CANDIDATE STATEMENTS (CANDIDATE PROFILES) FOR MUNICIPAL ELECTIONS:
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS.”

3.B. PROPOSED ORDINANCE AMENDING THE HOTEL OPERATIONS INCENTIVE PROGRAM:
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020, 5.26.030 AND 5.26.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

4. UNFINISHED BUSINESS:

4.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2013-14 BUDGET:
RECOMMENDATION: Direct staff as appropriate.

5. NEW BUSINESS:

5.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, 2013 GENERAL ASSEMBLY TO BE HELD MAY 2 TO MAY 3, 2013:
RECOMMENDATION: 1) Appoint a Member of the City Council as a Voting Delegate; and 2) Appoint a Member of the City Council as the Alternate Voting Delegate for the Southern California Association of Governments 2013 General Assembly to be held May 2 and 3, 2013.

5.B. LICENSE AGREEMENT WITH THE PALM SPRINGS WALK OF STARS AND APPOINT A CITY REPRESENTATIVE TO SERVE ON THE WALK OF STARS SELECTION COMMITTEE:
RECOMMENDATION: 1) Approve a renewal of the License Agreement with the Palm Springs Walk of Stars; 2) Appoint a City Representative to serve on the Walk of Stars Selection Committee; and 3) Authorize the City Manager to execute all necessary documents. A4981.

COUNCILMEMBER REPORTS, REQUESTS, AND COMMENTS: Additional general reports, requests, announcements, and comments of staff and/or issues of concern to Councilmembers are briefly presented at this time.

ADJOURNMENT: The City Council will adjourn to Wednesday, May 15, 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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