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City Council Regular Meeting

City of Palm Springs

CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA

City Hall Council Chamber
3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA

Steve Pougnet, Mayor
Lee Weigel, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, 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, City Clerk
Douglas C. Holland, City Attorney
Thomas Wilson, Assistant City Manager
Geoffrey S. Kiehl, City 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.

 

4:00 P.M. CLOSED SESSION
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

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
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Boy Scout Troop 262.

INVOCATION: Reverend Kevin A. Johnson, Bloom in the Desert Ministries.

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. REQUEST FROM NOBLE & COMPANY FOR A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE AND SUBDIVIDE THE 98-ACRE PARCEL INTO THREE PARCELS (CASE 5.1212 CZ AND TPM 36073):
RECOMMENDATION:
1) Open the public hearing and receive public testimony; 2) Waive reading of the full text of the Ordinance and introduce for first reading by title only Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1212 CZ, A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE, SECTION 15, APN 666-330-001-7;” and 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36073 TO SUBDIVIDE AN APPROXIMATE 98-ACRE SITE INTO THREE PARCELS IN SECTION 15, (APN 666-330-001-7).”

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 4, 2011, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council Minutes of April 6, 2011, and City Council/Community Redevelopment Agency Minutes of
April 20, 2011.

2.C. ACCEPT THE RESIGNATION OF CASS ROGERS FROM THE BOARD OF APPEALS:
RECOMMENDATION:
1) Accept with regret the resignation of Cass Rogers from the Board of Appeals; and 2) Direct the City Clerk to post a Notice of Vacancy.

2.D. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING DECEMBER 31, 2011:
RECOMMENDATION:
Appoint City Manager David Garcia, as the City of Coachella representative, to the Palm Springs International Airport Commission for the term ending December 31, 2011.

2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1788, AMENDING THE PALM SPRINGS MUNICIPAL CODE, PROHIBITION OF SMOKING IN PARKS:
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1788, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS.”

2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1789, ADOPTING THE COLLEGE PARK SPECIFIC PLAN AND RELATED AMENDMENTS TO THE CITY OF PALM SPRINGS GENERAL PLAN AND ZONING ORDINANCE:
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1789, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CHANGE OF ZONE, ADOPTING THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY 111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE.”

2.G. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD JULY 1, 2010, THROUGH JUNE 30, 2012:
RECOMMENDATION:
1) Adopt Resolution No. , “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION REPRESENTING THE POLICE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2010, THROUGH JUNE 30, 2012, SUBJECT TO THE UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;” and
2) Authorize the City Manager to execute all necessary documents. A5569.

2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A5235 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE WIDENING PROJECT (CP 01-25):
RECOMMENDATION:
1) Approve Amendment No. 2 to Agreement No. A5235 with Dokken Engineering, in the amount of $190,980 for a total revised contract amount of $912,730 for the Indian Canyon Drive Widening Project (CP 01-25); and 2) Authorize the City Manager to execute all necessary documents. A5235.

2.I. PROGRAM SUPPLEMENT AGREEMENT NO. M016 REV. 1 WITH THE STATE OF CALIFORNIA FOR USE OF SURFACE TRANSPORTATION PROGRAM (STPLN) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE WIDENING PROJECT, FEDERAL-AID PROJECT NO. STPLN-5282 (023) (CP 01-25):
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. M016 REV. 1 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $1,936,000, FOR THE INDIAN CANYON DRIVE WIDENING PROJECT, FEDERAL-AID PROJECT NO. STPLN-5282 (023) (CP 01-25), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” A____.

2.J. PROGRAM SUPPLEMENT AGREEMENT NO. M012 REV. 1, WITH THE STATE OF CALIFORNIA FOR USE OF PUBLIC LANDS HIGHWAY (PLHL) FEDERAL-AID FUNDS FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, FEDERAL-AID PROJECT NO. PLHL-5282 (020) (CP 87-49):
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. M012 REV. 1 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $2,325,194, FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, FEDERAL-AID PROJECT NO. PLHL-5282 (020) (CP 87-49), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” A____.

2.K. BELARDO ROAD BRIDGE AND ROADWAY PROJECT (CP 87-49):
RECOMMENDATION:
1) Approve the plans, specifications, and working details for the Belardo Road Bridge and Roadway Project, Federal Project No. PLHL-5282(020) and authorize the bid process (CP 87-49); 2) Approve a “Subcontractor Services Agreement” with the Agua Caliente Band of Cahuilla Indians; and 3) Authorize the City Manager to execute all necessary documents. A____.

2.L. AMEND AND ADOPT THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS:
RECOMMENDATION:
Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND ADOPTING THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS, AS ADOPTED BY RESOLUTION NO. 21946, DATED JUNE 20, 2007.”

2.M. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2011:
RECOMMENDATION:
Receive and file the Treasurer’s Investment Report as of February 28, 2011.

2.N. COMMUNITY REDEVELOPMENT AGENCY STATE-MANDATED PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF):
RECOMMENDATION:
Adopt Resolution No. ___, “A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE FISCAL YEAR 2010-11 PAYMENT TO THE EDUCATIONAL REVENUE AUGMENTATION FUND AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO.”

2.O. AWARD OF CONTRACT FOR THE SAFE ROUTES TO SCHOOL CYCLE 8, STATE FUNDED PROJECT (CP 09-07):
RECOMMENDATION:
1) Approve an agreement with DBX, Inc. for Bid Schedules A through D, inclusive, for the Safe Routes to School Cycle 8 State Funded Project, in the amount of $391,382.50 (CP 09-07); 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. PROPOSED ORDINANCES ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE, ESTABLISHING A FILING FEE, AND REQUIRING PROOF OF RESIDENCY:
RECOMMENDATION:
1) Waive further reading and adopt Ordinance No. 1790, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS;” and 2) Waive reading of the full text of the Ordinance and introduce for first reading by title only Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050, AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS PROOF OF RESIDENCY REQUIREMENTS AND THE USE OF THE CITY SEAL.”


4. UNFINISHED BUSINESS:

4.A. PROPOSED RESOLUTION SUPPORTING THE RIGHT TO FULL CIVIL MARRIAGE EQUALITY FOR ALL RESIDENTS OF PALM SPRINGS:
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE RIGHT TO FULL CIVIL MARRIAGE EQUALITY FOR ALL RESIDENTS OF PALM SPRINGS.”

5. NEW BUSINESS:

5.A. PRESENTATION AND DISCUSSION OF A PROPOSAL FOR THE OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK:
RECOMMENDATION:
Direct staff as appropriate.

5.B. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 BUDGET INCLUDING ENTERPRISE FUNDS, SPECIAL REVENUE FUNDS, AND INTERNAL SERVICE FUNDS AND PRESENTATION BY THE BUREAU OF TOURISM ON THE FISCAL YEAR 2011-12 TOURISM BUDGET AND REQUESTS:
RECOMMENDATION:
Direct staff as appropriate.

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 at 5:00 p.m., Wednesday, May 11, 2011, at the Palm Springs Convention Center, Mesquite Room C, 277 North Avenida Caballeros, Palm Springs, preceded by a Closed Session at 4:00 p.m., Agua Caliente Room B.




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