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City Council Meeting Agenda and Staff Reports

June 4, 2014

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Steve Pougnet, Mayor
Rick Hutcheson, Mayor Pro Tem
Ginny Foat, 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, 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 and 26.103. 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.

4:00 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: Rev. Kevin Johnson, Bloom in the Desert, United Church of Christ.

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. CONSIDERATION OF A VARIANCE AND CONDITIONAL USE PERMIT FOR SPECTRUM SERVICES (VERIZON WIRELESS) TO CONSTRUCT A FORTY-EIGHTH FOOT HIGH MONOPOLE STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER, AT 2101 SAHARA ROAD (ZONE P), AND CEQA CATEGORICAL EXEMPTION (CASE NOS. 5.1314 CUP AND 6.530 VAR):
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, APPROVING CONDITIONAL USE PERMIT CASE NO 5.1314, TO INSTALL A FORTY-EIGHT FOOT WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6.530 TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 2101 SAHARA ROAD.”

1.B. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS ZONING CODE SECTION 93.20.07 REGARDING REAL ESTATE SIGNS AND CEQA CATEGORICAL EXEMPTION (CASE 5.1338 ZTA):
RECOMMENDATION: 1) Continue the public hearing with no public testimony at this time; and 2) Direct the City Clerk to re-notice the public hearing.

1.C. ADOPTING THE FISCAL YEAR 2014-15 BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR AGENCY BUDGET, AND APPROPRIATIONS LIMIT:
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 2014-15;” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2014-15 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 2014-15, 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, 2015; 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 2014-15.

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 June 4, 2014, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of May 21, 2014.

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 CLAIM AND DEMAND BY WARRANT NUMBERED 1071009 IN THE AGGREGATE AMOUNT OF $2,206.25, DRAWN ON BANK OF AMERICA;” 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-10-14 BY WARRANTS NUMBERED 418627 THROUGH 418650 TOTALING $63,662.28, LIABILITY CHECKS NUMBERED 1071010 THROUGH 1071032 TOTALING $109,737.13, FIVE WIRE TRANSFERS FOR $47,460.86, AND THREE ELECTRONIC ACH DEBITS OF $1,112,625.37 IN THE AGGREGATE AMOUNT OF $1,333,485.64, 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 1071033 THROUGH 1071150 IN THE AGGREGATE AMOUNT OF $1,726,121.51, DRAWN ON BANK OF AMERICA;” and 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 1071151 THROUGH 1071362 IN THE AGGREGATE AMOUNT OF $1,367,957.17, DRAWN ON BANK OF AMERICA.

2.D. ADOPT ORDINANCE NO. 1853, PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE SECTION 93.20.00 AND 93.20.03 AND ADD CHAPTER 5.81 REGARDING THE REGULATION OF ORIGINAL ART MURALS AND APPROVING A CEQA CATEGORICAL EXEMPTION (CASE 5.1335 ZTA):
RECOMMENDATION: Waive the reading of the ordinance text and adopt by title only, Ordinance No. 1853, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.00 AND 93.20.03 OF, AND ADDING CHAPTER 5.81 TO, THE PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS.”

2.E. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2014-15:
RECOMMENDATION: Adopt Resolution No. ____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES AS THE CITY’S BROKER OF RECORD, TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGEFEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, AND CRIME/FIDELITY LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2014-2015, EFFECTIVE JULY 1, 2014.”

2.F. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 3-5, 2014:
RECOMMENDATION: Appoint Councilmember Foat as the Voting Delegate, and appoint City Manager Ready as the Alternate Voting Delegate for the 2014 League of California Cities Annual Conference in Los Angeles, California, September 3-5, 2014.

2.G. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT PROJECT AND AUTHORIZE THE CITY MANAGER AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER (CP 14-08):
RECOMMENDATION: 1) Approve the Plans, Specifications, and working details for the Palm Springs Swim Center Pool Deck Replacement Project, and authorize staff to advertise and solicit bids (CP 14-08); 2) Authorize the City Manager to award the contract to the lowest responsive and responsible bidder within the budget and execute all necessary documents; 3) Suspend the normal work hours during the construction period; and 4) Approve and authorize the City Manager to execute change orders not to exceed 10%, subject to reporting to the City Council.

2.H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE CONVENTION CENTER TEMPORARY PARKING LOT PROJECT (CP 14-09):
RECOMMENDATION: 1) Approve the Plans, Specifications, and working details for the Convention Center Temporary Parking Lot Project, and 2) Authorize Staff to advertise and solicit bids (CP 14-09).

2.I. ACCEPT THE RESIGNATION OF TRACY HELLER FROM THE BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD:
RECOMMENDATION: Accept with regret the resignation of
Tracy Heller from the Business Improve District Advisory Board.

2.J. AMENDMENT NO. 4 TO AGREEMENT NO. A5862 WITH KEENAN & ASSOCIATES FOR LOSS CONTROL AND REGULATORY SERVICES TO EXTEND THE AGREEMENT TO JUNE 30, 2015:
RECOMMENDATION: 1) Approve Amendment No. 4 to consulting services agreement for Loss Control and Regulatory Services with Keenan & Associates, in the amount of $65,000; and 2) Authorize The City Manager to execute all necessary documents. A5862.

2.K. APPROVE A SPECIAL ECONOMIC DEVELOPMENT FOCUSED INCENTIVE AREAS PROGRAM GRANT AGREEMENT WITH STEPHEN WOOSTER DBA DRINKS LOCATED AT 2080 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve an Interior Remodel Grant Agreement with Stephen Wooster, DBA Drinks, at 2080 North Palm Canyon Drive, in the amount of $25,000; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.L. 2014 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT THE 2014 BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL REFORM ACT.”

2.M. APPROVAL OF A PRIVATE UTILITY ENCROACHMENT LICENSE WITH PALM SPRINGS LANDSCAPE COMPANY, FOR TWO – 2 INCH PRIVATE UNDERGROUND AIR SPARGE CONDUITS WITHIN THE PUBLIC RIGHT-OF-WAY OF SOUTH PALM CANYON DRIVE (SECTION 23, T4S, R4E) (EL 14-01):
RECOMMENDATION: 1) Approve an Encroachment License with Palm Springs Landscape Company, for operation and maintenance of two – 2 inch private underground air sparge conduits located in South Palm Canyon Drive between Sunny Dunes and the Tahquitz Creek Channel; and 2) Authorize the City Manager to execute all necessary documents.

2.N. TREASURER’S INVESTMENT REPORT AS OF APRIL 30, 2014:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of April 30, 2014.

2.O. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE ANDREAS ROAD TWO-WAY CONVERSION (CITY PROJECT NO. 13-27):
RECOMMENDATION: 1) Approve the Plans, Specifications, and Estimate for the Andreas Road two-way conversion (City Project No. 13-27); and 2) Authorize Staff to advertise and solicit bids.

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. PRESENTATION AND DISCUSSION FOR POTENTIAL FEASIBILITY FOR SOLAR INSTALLATION ON CITY FACILITIES:
RECOMMENDATION: Direct staff as appropriate.

5.B. APPROVAL OF THE CITY OF PALM SPRINGS 2014 PARKS AND RECREATION MASTER PLAN AND CEQA CATEGORICAL EXEMPTION:   Draft Master Plan From April 2, 2014 
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2014 PARKS AND RECREATION MASTER PLAN.”

5.C. APPROVAL OF THE 2014 PALM SPRINGS PRIDE EVENT, CERTAIN STREET CLOSURES, THE SUSPENSION OF CERTAIN REGULATORY ORDINANCES, AND AGREEMENT PERTAINING TO THE SPONSORSHIP AND PRODUCTION AND PAYMENT OF COSTS FOR THE EVENT:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING CERTAIN REGULATORY ORDINANCES NOVEMBER 8 AND 9, 2014, TO FACILITATE THE 2014 PALM SPRINGS PRIDE;” 2) Approve an agreement for Event Sponsorship and Promotion with Greater Palm Springs Pride, for the 2014 Palm Springs Pride Event, to cover all in-kind expenses beyond $30,000, and an estimated cost of $56,835; and 3) Authorize the City Manager to execute all necessary documents. A_____.

5.D. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2014 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION: Appoint members to various Commissions and Boards as part of the 2014 Annual Recruitment of Boards and Commissions.

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 18, 2014, 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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