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City Council Meeting Agenda and Staff Reports

September 18, 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: 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. 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: 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, DENYING THE APPEAL BY DONALD SKEOCH AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUEST FOR A LIGHTED TENNIS COURT WITHIN THE ESTANCIAS DEVELOPMENT AT 3182 LAS BRISAS WAY (CASE 5.1285 CUP).”

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 September 18, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Regular Meeting Minutes of September 4, 2013, July 3, 2013, and Special Meeting Minutes of July 3, 2013.

2.C. ACCEPT THE RESIGNATION OF LEE GLENN FROM THE HISTORIC SITE PRESERVATION BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Lee Glenn 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, 2015.

2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1829, AMENDING PALM SPRINGS MUNICIPAL AND ZONING CODES RELATING TO PUBLIC HEARING NOTIFICATION AND NOTICING SIGNAGE:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1829, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 8.05, 14.20, AND ZONING CODE SECTIONS 93.23 AND 94.02 THROUGH 94.08, INCLUSIVE, AND ADDING SECTION 94.09 TO THE PALM SPRINGS ZONING CODE RELATING TO PUBLIC HEARING NOTIFICATION AND NOTICING SIGNAGE.”

2.E. ACCEPTANCE OF $41,425 IN GRANT FUNDING FROM THE UNIVERSITY OF CALIFORNIA, BERKELEY, SAFE TRANSPORTATION RESEARCH AND EDUCATION CENTER (SAFETREC) FOR A SOBRIETY CHECKPOINT PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
RECOMMENDATION: 1) Accept $41,425 in grant funding from the University of California, Berkeley, Safe Transportation Research and Education Center, for a sobriety checkpoint program; and 2) Authorize the City Manager to execute all necessary documents. A6045.

2.F. AUTHORIZE THE RENTAL OF A BOILER FROM MANLEY BOILER FOR USE AT THE AIRPORT IN AN AMOUNT NOT TO EXCEED $26,500:
RECOMMENDATION: 1) Authorize the issuance of a purchase order to Manley Boiler for the rental of a hot water boiler for the airport for Fiscal Year 2013-14 in an amount not to exceed $26,500: and 2) Authorize the City Manager to execute all necessary documents.

2.G. ACCEPT A FISCAL YEAR 2013-14 ACCESSING THE PAST GRANT FROM FEDERAL LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) FUNDS IN THE AMOUNT OF $60,000:
RECOMMENDATION: 1) Accept the Fiscal Year 2013-14 Accessing the Past Grant from the California State Library in the amount of $60,000.00; 2) Authorize Procurement to conduct the bid process in accordance to the requirements of the Grant for the digitization of The Desert Sun Newspaper from 1938 through 1968; and 3) Authorize the City Manager to execute all necessary documents, including the purchase order.

2.H. APPROVE THE 2012 CITY OF PALM SPRINGS LOCAL HAZARD MITIGATION PLAN (LHMP) ANNEX TO THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN:   Local Hazard Mitigation Plan
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE 2012 RIVERSIDE COUNTY OPERATIONAL AREA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN.”

2.I. AUTHORIZE THE COOPERATIVE PURCHASE OF A NEW MOBILE BREATHING SUPPORT/REHABILITATION/LIGHTING UNIT AT A COST OF $332,903.44:
RECOMMENDATION: 1) Approve the cooperative purchase of a new 2013 mobile breathing support/rehabilitation/lighting unit from Pierce Manufacturing pursuant to Palm Springs Municipal Code Section 7.09.010 in the amount of $332,903.44; and 2) Authorize the City Manager to execute all necessary documents.

2.J. AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) FOR REIMBURSEMENT OF FUNDS FOR THE SENTINAL POWER PLANT, PALM SPRINGS SOLAR VOLTAIC PROJECTS, IN THE AMOUNT OF $1,175,225:
RECOMMENDATION: 1) Approve the reimbursement agreement with SCAQMD for the Sentinal Power Plant, Palm Springs Solar Voltaic Projects to be located at the Palm Springs Visitors Center, Fire Station No. 3, the Train Station, and the James O. Jessie Desert Highland Unity Center in the amount of $1,175,225, subject to review and approval of the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.K. AGREEMENT RENEWAL WITH THE DRUG ENFORCEMENT AGENCY TO PARTICIPATE IN THE PALM SPRINGS NARCOTICS TASK FORCE:
RECOMMENDATION: 1) Approve the agreement renewal with the Drug Enforcement Agency for participation in the Palm Springs Narcotics Task Force for a five-year period, through September 30, 2018; and 2) Authorize the City Manager to execute all necessary documents. A5711.

2.L. AUTHORIZATION TO PURCHASE DECORATIVE DOWNTOWN LIGHT POLES AND FIXTURES FROM PACIFIC LIGHTING IN THE AMOUNT OF $136,690.36:
RECOMMENDATION: 1) Authorize the purchase of decorative downtown light poles and fixtures from Pacific Lighting in the amount of $136,690.36; and 2) Authorize the City Manager to execute all necessary documents.

2.M. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE RUTH HARDY PARK PARKING LOT REPAIRS PROJECT (CP 13-08):
RECOMMENDATION: 1) Approve the Plans, Specifications, and Estimates for the Ruth Hardy Park Parking Lot Repairs Project (CP 13-08); and 2) Authorize staff to advertise and solicit bids.

2.N. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 13-14B) FOR THE PERIOD OF JANUARY 1, 2014, THROUGH JUNE 30, 2014, PURSUANT TO SECTION 34169(g)(1) OF CALIFORNIA HEALTH AND SAFETY CODE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 13-14B) FOR THE PERIOD OF JANUARY 1, 2014, THROUGH JUNE 30, 2014, PURSUANT TO SECTION 34169(g)(1) OF CALIFORNIA HEALTH AND SAFETY CODE.”

2.O. DECLARATION OF A LOCAL EMERGENCY DUE TO SEVERE MONSOONAL WEATHER FLOW FROM AUGUST 25 THROUGH SEPTEMBER 10, 2013, RATIFYING THE ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES AND REQUESTING STATE CONCURRENCE:
RECOMMENDATION: 1) 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 MONSOONAL WEATHER PATTERN FROM APPROXIMATELY AUGUST 25 THROUGH SEPTEMBER 10, 2013;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING STATE DIRECTOR, CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES' CONCURRENCE IN LOCAL EMERGENCIES.”

2.P. APPROVE LEASE NO. GS-09B-03168 WITH THE UNITED STATES GOVERNMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR THE LEASE OF CERTAIN SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT FOR THE TRANSPORTATION SECURITY ADMINISTRATION:
RECOMMENDATION: 1) Approve Lease No. GS-09B-03168 with the United States Government, Department of General Services, for the Transportation Security Administration use of 6,653 square feet at the Palm Springs International Airport for ten years in the amount of $345,146.46 per year for the first five years, and $382,578.40 per year for years six through ten; and 2) Authorize the City Manager to execute all necessary documents, subject to final review and approval of the lease by the City Attorney. A5666.

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. CITY CAPITAL PROJECT PROGRESS REPORT AND UPDATE:
RECOMMENDATION: Receive and file.

5. NEW BUSINESS:

5.A. RESOLUTION OF PUBLIC CONVENIENCE FOR THE COPA ROOM INCORPORATED, IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE COPA ROOM NIGHTCLUB LOCATED AT 244 EAST AMADO ROAD (CASE 5.1289 PNC):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE 48 LICENSE) FOR THE PROPERTY LOCATED AT 244 EAST AMADO ROAD.”

5.B. CITYWIDE PHOTOVOLTAICS (PV) PROJECT:
RECOMMENDATION: 1) Direct staff to develop a Request For Proposal (RFP) document to seek third party investors offering a Power Purchase Agreement (PPA) approach to financing PV; 2) Direct staff to work with the City Attorney’s office to develop the City’s own PPA document; 3) Direct staff to combine the Animal Shelter PV Project with the proposed Citywide PV RFP process; 4) Approve an agreement with Newcomb/Anderson/McCormick, an energy engineering firm, to conduct a feasibility study evaluating the possibility of a citywide PV project for City facilities, in an amount not to exceed $49,000, subject to review and approval of the City Attorney; and 5) 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 a Joint Meeting with the Agua Caliente Band of Cahuilla Indians Tribal Council, Thursday, September 19, 2013, at 6:00 P.M., Canyon Conference Room, Spa Hotel and Resort, 100 North Indian Canyon Drive, Palm Springs.

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