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City Council Meeting Agenda and Staff Reports

May 15, 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.

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: Palm Springs Air Force ROTC Junior Color Guard.

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 HEARINGS:

1.A. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT:
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, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”

1.B. APPEAL OF THE PLANNING COMMISSION DECISION BY DONALD SKEOCH TO APPROVE A CONDITIONAL USE PERMIT FOR A LIGHTED TENNIS COURT AT THE ESTANCIAS DEVELOPMENT LOCATED AT 3182 LAS BRISAS WAY (CASE 5.1285 CUP):
RECOMMENDATION: Take no public testimony at this time and direct staff to re-notice the public hearing.

1.C. 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 July 3, 2013; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law.

1.D. CITY COUNCIL AND ACTING AS THE SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING SUCCESSOR AGENCY ADOPTING THE FISCAL YEAR 2013-14 BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN, APPROPRIATIONS LIMIT, AND FUND BALANCE DESIGNATION POLICY:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2013-14;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2013-14 AND SUCH OTHER MATTERS AS REQUIRED;” 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AND IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY AND HOUSING SUCCESSOR AGENCY BUDGETS FOR FISCAL YEAR 2013-14, AND OTHER SUCH MATTERS AS REQUIRED;” 5) Adopt Resolution
No. _______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2014;” and 6) Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the budget and prepare the final budget document for Fiscal Year 2013-14.

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 May 15, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of May 1, 2013, Special Meeting and May 1, 2013, Regular Meeting.

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 1063098 THROUGH 1063253 IN THE AGGREGATE AMOUNT OF $1,223,674.82, 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 4-27-13 BY WARRANTS NUMBERED 418122 THROUGH 418138 TOTALING $31,250.04, LIABILITY CHECKS NUMBERED 1063254 THROUGH 1063278 TOTALING $121,049.49, FIVE WIRE TRANSFERS FOR $39,219.51 AND THREE ELECTRONIC ACH DEBITS OF $1,148,391.88 IN THE AGGREGATE AMOUNT OF $1,339,910.92, 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 1063279 THROUGH 1063418 IN THE AGGREGATE AMOUNT OF $828,216.18, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2013:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1, through April 30, 2013.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1820, REGARDING REGULATIONS FOR FILING OF CANDIDATE STATEMENTS (CANDIDATE PROFILES) FOR MUNICIPAL ELECTIONS:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1820, “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.”

2.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1821, AMENDING THE HOTEL OPERATIONS INCENTIVE PROGRAM:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1821, “AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.26.020, 5.26.030, AND SECTION 5.26.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

2.G. ACCEPT THE RESIGNATION OF TIM SCOTT FROM THE PARKS AND RECREATION COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Tim Scott from the Parks and Recreation Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2014.

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

2.I. UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS DEPARTMENTS:
RECOMMENDATION: 1) Approve an agreement with the incumbent Cintas Corporation for uniform rental and cleaning services for an estimated annual expenditure of $8,574, and a total amount not to exceed $24,722 for the initial three-year term in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A5615.

2.J. APPROVAL OF TRANSPORTATION SECURITY ADMINISTRATION GRANT FUNDING AGREEMENT FOR CHECKED BAGGAGE SYSTEMS OPTIMIZATION AND CONTRACT AMENDMENT WITH PARSONS BRINCKERHOFF FOR DESIGN SERVICES:
RECOMMENDATION: 1) Approve the Transportation Security Administration (TSA) Grant in the amount of $298,600. for an analysis and 30% design of checked baggage inspection system; 2) Approve Amendment No. 4 Agreement No. A6256 with Parsons Brinckerhoff Inc. for checked baggage inspection system design services in the amount not to exceed $298,600. in a form acceptable to the City Attorney; and 3) Authorize the City Manager to execute all necessary documents. A____. A6256.

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

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR TAHQUITZ CANYON WAY SECTION 14 MEDIANS PROJECT (CP 08-20):
RECOMMENDATION: Approve the plans, specifications, and working details for Tahquitz Canyon Way Section 14 Medians Project (CP 08-20) and authorize staff to advertise for bids.

5.B. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO BID FOR THE LANDSCAPING AND IRRIGATION REPAIR AT THE FRANCES STEVENS PARK COURTYARD PROJECT (CP 13-01):
RECOMMENDATION: Approve plans and specifications and authorize staff to advertise and solicit bids for the construction of the Frances Stevens Park Courtyard Landscaping and Irrigation Repair (CP 13-01).

5.C. AWARD CONTRACT FOR THE 2013 ANNUAL SLURRY SEAL PROJECT (CP 13-02):
RECOMMENDATION: 1) Find and determine the bid submitted by VSS International, Inc. as non-responsive pursuant to Palm Springs Municipal Code Section 7.09.030; 2) Approve an agreement with Pavement Coatings Co. for Bid Schedule B subject to expiration of the bid protest time period, for the 2012-13 Annual Slurry Seal Project in the amount of $544,296.02 (CP 13-02); and 3) 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, June 5, 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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