Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 5 members present, 1 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the Public Works Director is requesting the City Council consider adding an Item to the April 6, 2011 Consent Calendar, as Item 2.O, and consider the adoption of two resolutions, the Public Works Director has indicated the Grant Application is required to be filed by April 15, 2011, prior to the next meeting, and the City is required to adopt the Regional Water Management Plan in order to apply for the grant.
PROPOSED RESOLUTIONS APPROVING THE SUBMISSION AND ACCEPTANCE OF A GRANT TO OBTAIN STORMWATER FLOOD MANAGEMENT GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF WATER RESOURCES AND ADOPTING THE COACHELLA VALLEY INTEGRATED REGIONAL WATER MANAGEMENT PLAN DATED NOVEMBER 30, 2010.
Motion to 1) Find the Item was brought to the attention of the City after the posting of the Agenda, and there is an immediate need to hear and/or take action on the Item; and 2) Add the Item as titled above to the Consent Calendar as Item 2.O. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to 1) Find the Item was brought to the attention of the City after the posting of the Agenda, and there is an immediate need to hear and/or take action on the Item; and 2) Add the Item as titled above to the Consent Calendar as Item 2.O. (Approved)
Councilmember Foat requested Item 2.L. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.K. and 2.M. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.J. be removed from the Consent Calendar for separate discussion.
Motion to Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION BY SOLAR POWER INC., REQUESTING RELIEF FROM THE IMPOSITION OF PUBLIC ARTS FEES FOR A 4.96 MEGAWATT SOLAR POWER GENERATING FACILITY ON 24 ACRES OF A 98-ACRE PARCEL AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE ZONE E-I (CASE 5.1253 CUP):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 6, 2011.
Mayor Pro Tem Weigel opened the public hearing, and the following speaker addressed the City Council.
FRANCES KNIGHT, Solar Power, provided background information on the scope and purpose of the project, stated the fee acts as a disincentive to clean energy projects, noted art could be installed on the property but such art would only be appreciated by occasional maintenance staff, commented on the fees for all agencies, requested to be relieved of the art fee, or an art fee be calculated proportionate to the project such as wind power projects.
No further speakers, the public hearing was closed.
Councilmember Hutcheson stated his support for incentives for renewable energy and requested staff bring back a proposal to modify the fees.
Councilmember Foat stated her agreement, commented on the substantial reduction, and requested staff research a per acre in-lieu fee.
Councilmember Mills commented on the timing of the request, stated the difference between the fees is large and staff should review for equity, and stated staff should review a minimum fee and perhaps a per acre fee for that zone.
Motion to approve 1) Deny the appeal; and 2) Direct staff to return to the City Council with a proposed policy for imposing public art fees on all solar power generating facilities that would be similar to the methodology used for wind power generating facilities. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve 1) Deny the appeal; and 2) Direct staff to return to the City Council with a proposed policy for imposing public art fees on all solar power generating facilities that would be similar to the methodology used for wind power generating facilities. (Approved) (Recorded at 01:17:51)
PUBLIC COMMENT:
BEN HALL, Palm Springs, commented on Item 2.H. regarding the installation of the security fencing at the Palm Springs International Airport, and requested the City Council consider cancelling the project.
ROY HILL, Palm Springs Unified School District, commented on Item 3.B., thanked the City Council for their consideration, noted problems with vendors near schools, and stated the District supports the Ordinance.
CHARLES NISBET, Palm Springs, provided a brief report on the Trails Subcommittee and a status report of the trails in Palm Springs.
SID CRAIG, Palm Springs, commented on the activities of the Human Rights Commission regarding "bullying" in schools.
RICK PANTELE, announced the upcoming art mixer to benefit the AIDS Assistance Program and the Friends of the Palm Springs Animal Shelter, and commented on public art fees.
COUNCILMEMBER COMMENTS:
Councilmember Foat announced the Arts thru Lens event, and presented a $25,000 check to the City from the Friends of the Palm Springs Animal Shelter.
Councilmember Mills requested a breakdown of the bond funds for the Welwood Library and the Palm Springs Library, and request staff address the condition of the medians at Vista Chino and Sunrise.
Councilmember Hutcheson requested the City Manager look at developing pilot projects substituting flora landscaping for sustainable landscaping.
Mayor Pro Tem Weigel noted lack of the Security Guard at the skate park, and requested staff address the roof at the locker rooms at the Swim Center.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Councilmember Foat requested Item 2.H. be removed from the Consent Calendar for a staff report.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.I., 2.N., and 2.O. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.I., 2.N., and 2.O. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1785, PROHIBITING MOBILE VENDING NEAR SCHOOLS:
Staff Report Item 2.D.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1786, AMENDING THE EXISTING HOTEL INCENTIVE PROGRAM FOR A FIRST CLASS NEW HOTEL TO RECEIVE SEVENTY-FIVE PERCENT OF THE ADJUSTED TAX RATE:
Staff Report Item 2.E.
2.F. ACCEPT THE RESIGNATION OF ALFRED GERGELY FROM THE ADMINISTRATIVE APPEALS BOARD:
Staff Report Item 2.F.
2.G. CHANGE ORDER NO. 6 TO AGREEMENT NO. A5976 WITH W. E. O'NEIL CONSTRUCTION COMPANY TO SETTLE ALL ITEMS RELATED TO FIELD CORRECTION NOTICE NO. 8 ON THE PALM SPRINGS ANIMAL SHELTER PROJECT:
Staff Report Item 2.G.
2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE WIDENING (TRAMVIEW ROAD TO UPRR), FEDERAL PROJECT NO. STPLN-5282 (023) (CP 01-25):
Staff Report Item 2.I.
2.N. SURRENDER THE PERMIT FOR THE COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN:
Staff Report Item 2.N.
2.O. ADDED ITEM PROPOSED RESOLUTIONS APPROVING THE SUBMISSION AND ACCEPTANCE OF A GRANT TO OBTAIN STORMWATER FLOOD MANAGEMENT GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF WATER RESOURCES AND ADOPTING THE COACHELLA VALLEY INTEGRATED REGIONAL WATER MANAGEMENT PLAN DATED NOVEMBER 30, 2010:
Staff Report Item 2.O.
EXCLUDED CONSENT CALENDAR:
2.H. FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROJECT (AIP) 48 GRANT ACCEPTANCE:
Staff Report Item 2.H.
Councilmember Foat requested staff address the comments made during public comment regarding the security fence project.
Motion to 1) Approve the acceptance of FAA AIP Grant No. 3-06-0101-048-2011 for up to $2,200,000 for the construction phase of the Security Fencing Project; and 2) Authorize the City Manager to execute all necessary documents. A6084. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to 1) Approve the acceptance of FAA AIP Grant No. 3-06-0101-048-2011 for up to $2,200,000 for the construction phase of the Security Fencing Project; and 2) Authorize the City Manager to execute all necessary documents. A6084. (Approved)
2.J. PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC. FOR ON-CALL SOILS, GEOTECHNICAL AND MATERIALS TESTING SERVICES:
Staff Report Item 2.J.
Councilmember Mills requested staff address the criteria for selection, questioned why this was considered a professional service rather than a bidding process and the payment of prevailing wage.
Motion to 1) Approve an agreement with Southern California Soil & Testing, Inc., for "on-call" soils, geotechnical and materials testing services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager
deleting the words "prevailing wage" on Exhibit D to the contract
; 2) Authorize the Director of Public Works/City Engineer to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts up to $25,000; 3) Authorize the City Manager to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts in excess of $25,000; and 4) Authorize the City Manager to execute all necessary documents. A6086. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Approve an agreement with Southern California Soil & Testing, Inc., for "on-call" soils, geotechnical and materials testing services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager
deleting the words "prevailing wage" on Exhibit D to the contract
; 2) Authorize the Director of Public Works/City Engineer to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts up to $25,000; 3) Authorize the City Manager to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts in excess of $25,000; and 4) Authorize the City Manager to execute all necessary documents. A6086. (Approved)
2.K. GENERAL PLAN HOUSING ELEMENT 2010 ANNUAL REPORT TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT:
Staff Report Item 2.K.
Councilmember Hutcheson request the City Manager schedule a meeting with the ad hoc City Council Affordable Housing Subcommittee to discuss low income housing options, small residential care facilities, and incentives to encourage the production of low income housing.
Motion to approve Receive and file. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Receive and file. (Approved) (Recorded at 01:52:48)
2.L. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
Staff Report Item 2.L.
Councilmember Foat requested staff address the disposal of the current notebook computers.
Motion to approve 1) Approve the purchase of thirty-one (31) Dell Latitude E6400XFR Ruggedized notebook computers with corresponding Dell Mobile Docking Stations and Multimode Combo antennas from Dell Corporation via the Western States Contracting Alliance Cooperative Purchase Agreement WN99ABZ in the amount of $148,662.81; and 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Approve the purchase of thirty-one (31) Dell Latitude E6400XFR Ruggedized notebook computers with corresponding Dell Mobile Docking Stations and Multimode Combo antennas from Dell Corporation via the Western States Contracting Alliance Cooperative Purchase Agreement WN99ABZ in the amount of $148,662.81; and 2) Authorize the City Manager to execute all necessary documents. (Approved)
2.M. ADDITIONAL MISCELLANEOUS FISCAL YEAR 2010-11 MAINTENANCE AND REPAIR EXPENDITURES FOR THE CO-GENERATION PLANTS:
Staff Report Item 2.M.
Councilmember Hutcheson requested staff address the feasibility of postponing the expenditures until the City receives the energy report from Chevron.
Mayor Pro Tem Weigel requested staff comment on the energy report, and if the report will provide analysis on the cost effectiveness of the Co-Gen Plant.
Motion to approve 1) Approve additional funds to Johnson Power Systems Purchase Order No. 11-0193 for the as-needed purchase of Caterpillar repair parts in an amount not-to-exceed $60,000; and 2) Adopt Resolution No. 22903, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve 1) Approve additional funds to Johnson Power Systems Purchase Order No. 11-0193 for the as-needed purchase of Caterpillar repair parts in an amount not-to-exceed $60,000; and 2) Adopt Resolution No. 22903, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
Councilmember Foat requested staff address including a first right of refusal for tenants to return to the renovated building when completed, and requested staff address who makes the determination if the owner or the tenant is at fault.
Councilmember Hutcheson stated his support, and would recommend the City Council direct the City Attorney to draft a right of first refusal provision in a separate ordinance.
Motion to 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading Ordinance No. 1787, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS;" and 2) Direct the City Attorney to draft an Ordinance providing a right of first refusal for displaced tenants to return to the building. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading Ordinance No. 1787, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS;" and 2) Direct the City Attorney to draft an Ordinance providing a right of first refusal for displaced tenants to return to the building. (Approved)
3.B. PROPOSED ORDINANCE RELATING TO PROHIBITION OF SMOKING NEAR PLAYGROUNDS:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated April 6, 2011.
Mayor Pro Tem Weigel commented on information received regarding the prohibition of smoking in public parks, and stated he feels this ordinance does not go far enough, but would like to increase the number of feet to 100 feet.
Councilmember Hutcheson stated his support for the ordinance.
Councilmember Mills stated his support for the ordinance, requested staff address enforcement, commented on the posting of signs, and suggested the City Council consider a total ban in parks.
Councilmember Foat commented on enforcement, and noted the compromise language that still allows smoking among adults but protects children.
Councilmember Hutcheson suggested the City Council introduce the proposed ordinance and discuss further expansion of the prohibition.
Motion to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading 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 NEAR PLAYGROUNDS." Moved by Mayor Pro Tem Weigel, seconded by Councilmember Hutcheson.
Vote to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading 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 NEAR PLAYGROUNDS." (Approved) (Recorded at 02:46:26)
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2011 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
Staff Report Item 5.A.
City Clerk Thompson provided background information as outlined in the staff report dated April 6, 2011.
ACTION:
1) Direct the City Clerk to provide for the City Council as a whole to participate in the screening and interview of Applicants for the Planning Commission and the Historic Site Preservation Board; 2) Appoint the same City Council ad hoc subcommittees as the 2010 Annual Recruitment; and 3) Appoint Councilmember Hutcheson and Councilmember Mills to the ad hoc subcommittee for the Tramway Board.
By consensus of the City Council.
5.B. BRIDGE AESTHETIC DESIGN PLANS FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING (CP 87-49):
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated April 6, 2011.
Councilmember Mills requested staff address any comments by Tribal Planning Commission and the AAC, and noted his disappointment in the design.
Motion to approve Approve the bridge aesthetic design plans for the Belardo Road Bridge and Roadway Widening (CP 87-49). Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve Approve the bridge aesthetic design plans for the Belardo Road Bridge and Roadway Widening (CP 87-49). (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson noted the announcement today from the Riverside County Board of Supervisors regarding the proposed Riverside County Whitewater Detention Center.
ADJOURNMENT:
Apr 06, 2011 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 5 members present, 1 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the Public Works Director is requesting the City Council consider adding an Item to the April 6, 2011 Consent Calendar, as Item 2.O, and consider the adoption of two resolutions, the Public Works Director has indicated the Grant Application is required to be filed by April 15, 2011, prior to the next meeting, and the City is required to adopt the Regional Water Management Plan in order to apply for the grant.
PROPOSED RESOLUTIONS APPROVING THE SUBMISSION AND ACCEPTANCE OF A GRANT TO OBTAIN STORMWATER FLOOD MANAGEMENT GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF WATER RESOURCES AND ADOPTING THE COACHELLA VALLEY INTEGRATED REGIONAL WATER MANAGEMENT PLAN DATED NOVEMBER 30, 2010.
Motion to 1) Find the Item was brought to the attention of the City after the posting of the Agenda, and there is an immediate need to hear and/or take action on the Item; and 2) Add the Item as titled above to the Consent Calendar as Item 2.O. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to 1) Find the Item was brought to the attention of the City after the posting of the Agenda, and there is an immediate need to hear and/or take action on the Item; and 2) Add the Item as titled above to the Consent Calendar as Item 2.O. (Approved)
Councilmember Foat requested Item 2.L. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.K. and 2.M. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.J. be removed from the Consent Calendar for separate discussion.
Motion to Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION BY SOLAR POWER INC., REQUESTING RELIEF FROM THE IMPOSITION OF PUBLIC ARTS FEES FOR A 4.96 MEGAWATT SOLAR POWER GENERATING FACILITY ON 24 ACRES OF A 98-ACRE PARCEL AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE ZONE E-I (CASE 5.1253 CUP):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 6, 2011.
Mayor Pro Tem Weigel opened the public hearing, and the following speaker addressed the City Council.
FRANCES KNIGHT, Solar Power, provided background information on the scope and purpose of the project, stated the fee acts as a disincentive to clean energy projects, noted art could be installed on the property but such art would only be appreciated by occasional maintenance staff, commented on the fees for all agencies, requested to be relieved of the art fee, or an art fee be calculated proportionate to the project such as wind power projects.
No further speakers, the public hearing was closed.
Councilmember Hutcheson stated his support for incentives for renewable energy and requested staff bring back a proposal to modify the fees.
Councilmember Foat stated her agreement, commented on the substantial reduction, and requested staff research a per acre in-lieu fee.
Councilmember Mills commented on the timing of the request, stated the difference between the fees is large and staff should review for equity, and stated staff should review a minimum fee and perhaps a per acre fee for that zone.
Motion to approve 1) Deny the appeal; and 2) Direct staff to return to the City Council with a proposed policy for imposing public art fees on all solar power generating facilities that would be similar to the methodology used for wind power generating facilities. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve 1) Deny the appeal; and 2) Direct staff to return to the City Council with a proposed policy for imposing public art fees on all solar power generating facilities that would be similar to the methodology used for wind power generating facilities. (Approved) (Recorded at 01:17:51)
PUBLIC COMMENT:
BEN HALL, Palm Springs, commented on Item 2.H. regarding the installation of the security fencing at the Palm Springs International Airport, and requested the City Council consider cancelling the project.
ROY HILL, Palm Springs Unified School District, commented on Item 3.B., thanked the City Council for their consideration, noted problems with vendors near schools, and stated the District supports the Ordinance.
CHARLES NISBET, Palm Springs, provided a brief report on the Trails Subcommittee and a status report of the trails in Palm Springs.
SID CRAIG, Palm Springs, commented on the activities of the Human Rights Commission regarding "bullying" in schools.
RICK PANTELE, announced the upcoming art mixer to benefit the AIDS Assistance Program and the Friends of the Palm Springs Animal Shelter, and commented on public art fees.
COUNCILMEMBER COMMENTS:
Councilmember Foat announced the Arts thru Lens event, and presented a $25,000 check to the City from the Friends of the Palm Springs Animal Shelter.
Councilmember Mills requested a breakdown of the bond funds for the Welwood Library and the Palm Springs Library, and request staff address the condition of the medians at Vista Chino and Sunrise.
Councilmember Hutcheson requested the City Manager look at developing pilot projects substituting flora landscaping for sustainable landscaping.
Mayor Pro Tem Weigel noted lack of the Security Guard at the skate park, and requested staff address the roof at the locker rooms at the Swim Center.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Councilmember Foat requested Item 2.H. be removed from the Consent Calendar for a staff report.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.I., 2.N., and 2.O. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.I., 2.N., and 2.O. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1785, PROHIBITING MOBILE VENDING NEAR SCHOOLS:
Staff Report Item 2.D.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1786, AMENDING THE EXISTING HOTEL INCENTIVE PROGRAM FOR A FIRST CLASS NEW HOTEL TO RECEIVE SEVENTY-FIVE PERCENT OF THE ADJUSTED TAX RATE:
Staff Report Item 2.E.
2.F. ACCEPT THE RESIGNATION OF ALFRED GERGELY FROM THE ADMINISTRATIVE APPEALS BOARD:
Staff Report Item 2.F.
2.G. CHANGE ORDER NO. 6 TO AGREEMENT NO. A5976 WITH W. E. O'NEIL CONSTRUCTION COMPANY TO SETTLE ALL ITEMS RELATED TO FIELD CORRECTION NOTICE NO. 8 ON THE PALM SPRINGS ANIMAL SHELTER PROJECT:
Staff Report Item 2.G.
2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE WIDENING (TRAMVIEW ROAD TO UPRR), FEDERAL PROJECT NO. STPLN-5282 (023) (CP 01-25):
Staff Report Item 2.I.
2.N. SURRENDER THE PERMIT FOR THE COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN:
Staff Report Item 2.N.
2.O. ADDED ITEM PROPOSED RESOLUTIONS APPROVING THE SUBMISSION AND ACCEPTANCE OF A GRANT TO OBTAIN STORMWATER FLOOD MANAGEMENT GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF WATER RESOURCES AND ADOPTING THE COACHELLA VALLEY INTEGRATED REGIONAL WATER MANAGEMENT PLAN DATED NOVEMBER 30, 2010:
Staff Report Item 2.O.
EXCLUDED CONSENT CALENDAR:
2.H. FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROJECT (AIP) 48 GRANT ACCEPTANCE:
Staff Report Item 2.H.
Councilmember Foat requested staff address the comments made during public comment regarding the security fence project.
Motion to 1) Approve the acceptance of FAA AIP Grant No. 3-06-0101-048-2011 for up to $2,200,000 for the construction phase of the Security Fencing Project; and 2) Authorize the City Manager to execute all necessary documents. A6084. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to 1) Approve the acceptance of FAA AIP Grant No. 3-06-0101-048-2011 for up to $2,200,000 for the construction phase of the Security Fencing Project; and 2) Authorize the City Manager to execute all necessary documents. A6084. (Approved)
2.J. PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC. FOR ON-CALL SOILS, GEOTECHNICAL AND MATERIALS TESTING SERVICES:
Staff Report Item 2.J.
Councilmember Mills requested staff address the criteria for selection, questioned why this was considered a professional service rather than a bidding process and the payment of prevailing wage.
Motion to 1) Approve an agreement with Southern California Soil & Testing, Inc., for "on-call" soils, geotechnical and materials testing services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager
deleting the words "prevailing wage" on Exhibit D to the contract
; 2) Authorize the Director of Public Works/City Engineer to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts up to $25,000; 3) Authorize the City Manager to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts in excess of $25,000; and 4) Authorize the City Manager to execute all necessary documents. A6086. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Approve an agreement with Southern California Soil & Testing, Inc., for "on-call" soils, geotechnical and materials testing services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager
deleting the words "prevailing wage" on Exhibit D to the contract
; 2) Authorize the Director of Public Works/City Engineer to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts up to $25,000; 3) Authorize the City Manager to approve Purchase Orders for services associated with budgeted capital improvement projects pursuant to the terms of the Agreement for amounts in excess of $25,000; and 4) Authorize the City Manager to execute all necessary documents. A6086. (Approved)
2.K. GENERAL PLAN HOUSING ELEMENT 2010 ANNUAL REPORT TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT:
Staff Report Item 2.K.
Councilmember Hutcheson request the City Manager schedule a meeting with the ad hoc City Council Affordable Housing Subcommittee to discuss low income housing options, small residential care facilities, and incentives to encourage the production of low income housing.
Motion to approve Receive and file. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Receive and file. (Approved) (Recorded at 01:52:48)
2.L. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
Staff Report Item 2.L.
Councilmember Foat requested staff address the disposal of the current notebook computers.
Motion to approve 1) Approve the purchase of thirty-one (31) Dell Latitude E6400XFR Ruggedized notebook computers with corresponding Dell Mobile Docking Stations and Multimode Combo antennas from Dell Corporation via the Western States Contracting Alliance Cooperative Purchase Agreement WN99ABZ in the amount of $148,662.81; and 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Approve the purchase of thirty-one (31) Dell Latitude E6400XFR Ruggedized notebook computers with corresponding Dell Mobile Docking Stations and Multimode Combo antennas from Dell Corporation via the Western States Contracting Alliance Cooperative Purchase Agreement WN99ABZ in the amount of $148,662.81; and 2) Authorize the City Manager to execute all necessary documents. (Approved)
2.M. ADDITIONAL MISCELLANEOUS FISCAL YEAR 2010-11 MAINTENANCE AND REPAIR EXPENDITURES FOR THE CO-GENERATION PLANTS:
Staff Report Item 2.M.
Councilmember Hutcheson requested staff address the feasibility of postponing the expenditures until the City receives the energy report from Chevron.
Mayor Pro Tem Weigel requested staff comment on the energy report, and if the report will provide analysis on the cost effectiveness of the Co-Gen Plant.
Motion to approve 1) Approve additional funds to Johnson Power Systems Purchase Order No. 11-0193 for the as-needed purchase of Caterpillar repair parts in an amount not-to-exceed $60,000; and 2) Adopt Resolution No. 22903, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve 1) Approve additional funds to Johnson Power Systems Purchase Order No. 11-0193 for the as-needed purchase of Caterpillar repair parts in an amount not-to-exceed $60,000; and 2) Adopt Resolution No. 22903, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
Councilmember Foat requested staff address including a first right of refusal for tenants to return to the renovated building when completed, and requested staff address who makes the determination if the owner or the tenant is at fault.
Councilmember Hutcheson stated his support, and would recommend the City Council direct the City Attorney to draft a right of first refusal provision in a separate ordinance.
Motion to 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading Ordinance No. 1787, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS;" and 2) Direct the City Attorney to draft an Ordinance providing a right of first refusal for displaced tenants to return to the building. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading Ordinance No. 1787, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS;" and 2) Direct the City Attorney to draft an Ordinance providing a right of first refusal for displaced tenants to return to the building. (Approved)
3.B. PROPOSED ORDINANCE RELATING TO PROHIBITION OF SMOKING NEAR PLAYGROUNDS:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated April 6, 2011.
Mayor Pro Tem Weigel commented on information received regarding the prohibition of smoking in public parks, and stated he feels this ordinance does not go far enough, but would like to increase the number of feet to 100 feet.
Councilmember Hutcheson stated his support for the ordinance.
Councilmember Mills stated his support for the ordinance, requested staff address enforcement, commented on the posting of signs, and suggested the City Council consider a total ban in parks.
Councilmember Foat commented on enforcement, and noted the compromise language that still allows smoking among adults but protects children.
Councilmember Hutcheson suggested the City Council introduce the proposed ordinance and discuss further expansion of the prohibition.
Motion to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading 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 NEAR PLAYGROUNDS." Moved by Mayor Pro Tem Weigel, seconded by Councilmember Hutcheson.
Vote to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for the first reading 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 NEAR PLAYGROUNDS." (Approved) (Recorded at 02:46:26)
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS AS PART OF THE 2011 ANNUAL RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
Staff Report Item 5.A.
City Clerk Thompson provided background information as outlined in the staff report dated April 6, 2011.
ACTION:
1) Direct the City Clerk to provide for the City Council as a whole to participate in the screening and interview of Applicants for the Planning Commission and the Historic Site Preservation Board; 2) Appoint the same City Council ad hoc subcommittees as the 2010 Annual Recruitment; and 3) Appoint Councilmember Hutcheson and Councilmember Mills to the ad hoc subcommittee for the Tramway Board.
By consensus of the City Council.
5.B. BRIDGE AESTHETIC DESIGN PLANS FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING (CP 87-49):
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated April 6, 2011.
Councilmember Mills requested staff address any comments by Tribal Planning Commission and the AAC, and noted his disappointment in the design.
Motion to approve Approve the bridge aesthetic design plans for the Belardo Road Bridge and Roadway Widening (CP 87-49). Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve Approve the bridge aesthetic design plans for the Belardo Road Bridge and Roadway Widening (CP 87-49). (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson noted the announcement today from the Riverside County Board of Supervisors regarding the proposed Riverside County Whitewater Detention Center.
ADJOURNMENT:
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