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City Council Meeting Agenda and Staff Reports

December 3, 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.

4:30 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: Girl Scout Troop 1744.

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: None.

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 December 3, 2014, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of November 19, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1074462 THROUGH 1074656 IN THE AGGREGATE AMOUNT OF $2,196,705.15, 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 10-25-14 BY WARRANTS NUMBERED 418869 THROUGH 418886 TOTALING $30,635.95, LIABILITY CHECKS NUMBERED 1074657 THROUGH 1074661 TOTALING $2,220.78, ONE WIRE TRANSFER FOR $386.76, AND THREE ELECTRONIC ACH DEBITS OF $1,243,908.98 IN THE AGGREGATE AMOUNT OF $1,277,152.47, 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 1074662 THROUGH 1074759 IN THE AGGREGATE AMOUNT OF $871,729.95, 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 1074760 THROUGH 1074891 IN THE AGGREGATE AMOUNT OF $1,949,581.54, 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 11-08-14 BY WARRANTS NUMBERED 418887 THROUGH 418906 TOTALING $30,910.86, LIABILITY CHECKS NUMBERED 1074892 THROUGH 1074913 TOTALING $108,131.32, FIVE WIRE TRANSFERS FOR $45,903.28, AND THREE ELECTRONIC ACH DEBITS OF $1,174,101.58 IN THE AGGREGATE AMOUNT OF $1,359,047.04, DRAWN ON BANK OF AMERICA;” 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 1074914 THROUGH 1074985 IN THE AGGREGATE AMOUNT OF $1,157,146.71, DRAWN ON BANK OF AMERICA;” and 7) 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 1074986 THROUGH 1075186 IN THE AGGREGATE AMOUNT OF $1,738,785.53, DRAWN ON BANK OF AMERICA.”

2.D. ACCEPT A FISCAL YEAR 2014 STATE HOMELAND SECURITY PROGRAM GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES THROUGH THE RIVERSIDE COUNTY OFFICE OF EMERGENCY SERVICES IN THE AMOUNT OF $53,175 AND APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE DESERT WATER AGENCY FOR INSTALLATION OF A BI-DIRECTIONAL ANTENNA AT 38725 SOUTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Accept a grant fund from the California Governor’s Office of Emergency Services through the Riverside County Office of Emergency Services in the amount of $53,175; 2) Approve a MOU with the Desert Water Agency for installation of a bi-directional antenna to improve radio transmission, reception, and overall system functionality at 38725 South Palm Canyon Drive, at no cost to either agency; and 3) Authorize the City Manager to execute all necessary documents. A6625. A____.

2.E. REPORT OF ESCALATOR REPAIR AT THE PALM SPRINGS INTERNATIONAL AIRPORT PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
RECOMMENDATION: Receive and file Report of Emergency Escalator Repair pursuant to Palm Springs Municipal Code Section 7.04.040.

2.F. TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2014:
RECOMMENDATION: Receive and File the Treasurer's Investment Report as of October 31, 2014.

2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A6492 WITH JEFFREY JURASKY & ASSOCIATES FOR ADDITIONAL ENTRYWAY SIGNAGE DESIGN SERVICES IN THE AMOUNT OF $7,920:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement
No. A6492 with Jeffrey Jurasky & Associates adding two additional entry way sign locations and additional landscape design services in the amount of $7,920; and 2) Authorize the City Manager to execute all necessary documents. A6492.

2.H. CHANGE ORDER NO. 2 TO AGREEMENT NO. A6548 WITH TRI STAR CONTRACTING II, INC. FOR TRACT 13257 (ARNICO TRACT) PHASE 3 SEWER IMPROVEMENTS PROJECT IN THE AMOUNT OF $17,466.01 (CP 13-26):
RECOMMENDATION: 1) Authorize the City Manager to approve Change Order No. 2 to Agreement No. A6548 in the amount of $17,466.01 with Tri-Star Contracting II, Inc. for Tract 13257 (Arnico Tract) Phase 3 Sewer Improvements Project (CP 13-26); and 2) Authorize the City Manager to execute all necessary documents. A6548.

2.I. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA FOR $100,000, APPROVE AN EXPENDITURE PLAN AND APPROPRIATION:
RECOMMENDATION: 1) Accept the State of California Supplemental Enforcement Services Account (SLESA) Grant and Expenditure Plan in the amount of $100,000; 2) Direct the Director of Finance/City Treasurer to fund the Appropriation; and 3) Authorize the City Manager to execute any documents to effectuate the acceptance of the grant. A5765.

2.J. APPROVE THE 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: 1) Approve the Memorandum of Understanding with the Riverside County Probation Department and Post-Release Accountability and Compliance Team for a three-year period; and 2) Authorize the City Manager to execute all necessary documents. A6354.

2.K. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION FOR THE PERIOD
JULY 1, 2014, THROUGH JUNE 30, 2018, SUBJECT TO THE ASSOCIATION EXECUTING THE MOU;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PAYMENT OF MEMBER CONTRIBUTIONS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS);” and 3) Authorize the City Manager to execute the MOU and all documents necessary to effectuate the above actions during the term of the MOU, including the allocation and compensation plan, side letters of agreement and non-substantial MOU language changes. A5340.

2.L. CITY COUNCIL ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVE AN AGREEMENT AND ESCROW INSTRUCTIONS WITH RICHARD MEANEY AND YOKANG ZHOU FOR SUCCESSOR AGENCY OWNED REAL PROPERTY AT 1479 NORTH PALM CANYON DRIVE IN THE AMOUNT OF $195,561:
RECOMMENDATION: 1) Approve an agreement and escrow instructions with Richard Meaney and Yokang Zhou for the sale of Successor Agency owned property located at 1479 North Palm Canyon Drive in the amount of $195,561 pursuant to Health and Safety Code Section 34191.5(C); 2) Authorize the City Clerk to submit the agreement to the Oversight Board of the Successor Agency of the Palm Springs Community Redevelopment Agency for approval; and 3) Authorize the City Manager to execute all documents related to the agreement. A____.

2.M. ACCEPT A FISCAL YEAR 2014 STATE HOMELAND SECURITY PROGRAM GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES THROUGH THE RIVERSIDE COUNTY OFFICE OF EMERGENCY SERVICES THROUGH THE RIVERSIDE COUNTY OFFICE OF EMERGENCY SERVICES IN THE AMOUNT OF $10,863 AND AUTHORIZE THE PURCHASE OF TACTICAL RESPONSE EQUIPMENT IN THE AMOUNT NOT TO EXCEED $33,283.15:
RECOMMENDATION: 1) Accept a grant from the California Governor’s Office of Emergency Services through the Riverside County Office of Emergency Services in the amount of $10,863; 2) Authorize the purchase of tactical response equipment in the amount of $33,283.15 from SecurityProUSA based on the results of the competitive RFQ process conducted; and 3) Authorize the City Manager to execute all necessary documents. A6625.

2.N. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE NON-MOTORIZED TRANSPORTATION PLAN PHASE I BICYCLE CORRIDORS PROJECT, FUNDED BY MEASURE J (CP 13-32):
RECOMMENDATION: Approve the Plans, Specifications, and estimate for the Non-Motorized Transportation Plan (NMTP) Phase I Bicycle Corridors Project, funded by Measure J (CP 13-32), and authorize staff to advertise and solicit bids.

2.O. AWARD OF CONSTRUCTION CONTRACT TO DBX, INC. FOR SUNRISE WAY AT THE BOYS & GIRLS CLUB/RALPH’S DRIVEWAYS TRAFFIC SIGNAL INSTALLATION PROJECT IN THE AMOUNT OF $209,687 (CP 13-25):
RECOMMENDATION: 1) Approve an agreement with DBX, Inc. for the Sunrise Way at Boys & Girls Club/Ralph’s Driveways Traffic Signal Installation Project in the amount of $209,687, subject to the protest provisions of the Palm Springs Municipal Code Section 7.08.030 (CP 13-25); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.P. FISCAL YEAR 2014-15 MEASURE J PROJECT / PROGRAM FUNDING RECOMMENDATIONS AND CERTAIN MULTI-YEAR PROJECTS:
RECOMMENDATION: 1) Approve appropriations for nine projects for Fiscal Year 2014-15 in the amount of $945,000 and a $500,000 reserve for community projects; 2) Approve planned funding for five projects in the amount of $939,658 for Fiscal Year 2015-16 and a $500,000 reserve for community projects; and 3) Authorize the City Manager to execute all budget transfers and amendments necessary to effectuate the City Council action on appropriations.

2.Q. AWARD OF CONSTRUCTION CONTRACT TO GLOBAL POWER GROUP INC. FOR FIRE STATION 442 EMERGENCY GENERATOR INSTALLATION PROJECT IN THE AMOUNT OF $79,998 (CP 13-29):
RECOMMENDATION: 1) Approve an agreement with Global Power Group Inc. for Fire Station 442 Emergency Generator Installation Project in the amount of $79,998 (CP 13-29); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.R. APPROVE FINAL TRACT MAP 35540 LOCATED AT THE WESTERLY TERMINUS OF RACQUET CLUB ROAD AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH PINNACLE VIEW, LLC:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL TRACT MAP 35540 FOR PROPERTY LOCATED AT THE WESTERLY TERMINUS OF RACQUET CLUB ROAD, IN SECTION 4, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A RELATED SUBDIVISION IMPROVEMENT AGREEMENT;” and 2) Authorize the City Manager to execute all necessary documents. A____.

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

3. LEGISLATIVE:

3.A. ADOPTION OF AN INTERIM URGENCY ORDINANCE PROHIBITING VENDING FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN EXCEPTIONS, UNTIL DECEMBER 31, 2015 (4/5THS VOTE REQUIRED):
RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety, read by title only; and 2) Adopt Ordinance No. ____, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO CERTAIN EXCEPTIONS, UNTIL DECEMBER 31, 2015”.


4. UNFINISHED BUSINESS:

4.A. AWARD OF CONSTRUCTION CONTRACT TO GOLDEN VISTA CONSTRUCTION INC., DBA GOLDEN VALLEY CONSTRUCTION FOR THE CITY HALL AND POLICE STATION PARKING LOTS REHABILITATION PROJECTS IN THE AMOUNT OF $927,481.65 (CP 01-17 AND 13-34):
RECOMMENDATION: 1) Approve an agreement with Golden Vista Construction Inc. dba Golden Valley Construction in the amount of $927,481.65, Schedules A, B, and C, for the City Hall and Police Station Parking Lot Rehabilitation Projects (CP 01-17 and 13-34); 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2014-15;” and 3) Authorize the City Manager to execute all necessary documents. A____.

4.B. UPDATE AND REVIEW OF VACATION RENTAL REGULATIONS:
RECOMMENDATION: 1) Receive and file the Vacation Rental Update Report; and 2) Direct staff as appropriate.

5. NEW BUSINESS:

5.A. FIRST QUARTER FISCAL YEAR 2014-15 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.B. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING DECEMBER, 2015:
RECOMMENDATION: Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2015.

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, December 17, 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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