Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Items 2.L. and 2.O. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant Nos. 1051138, 1051139, 1051172, and Consent Calendar Item 2.H.
Mayor Pougnet requested Item 2.E. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Weigel requested Item 2.N. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES (CASE 5.1270 ZTA):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 21, 2011.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Waive reading and introduce by title only for first reading Ordinance No. 1795, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve Waive reading and introduce by title only for first reading Ordinance No. 1795, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". (Approved) (Recorded at 00:39:33)
PUBLIC COMMENT:
TOM FREEMAN, County of Riverside, commented on Item 2.L., and requested the City Council support the expansion of the Foreign Trade Zone.
DAVID BARON, Palm Springs, commented on Measure "J" at the November 8, 2011, election, and Item 3.A. the creation of an oversight commission requesting the City Council amend the proposed ordinance.
BOB HELBLING, Palm Springs, commented on Measure "J" at the November 8, 2011, election, and Item 3.A. the creation of an oversight commission.
JOHN GOODRICH, Palm Springs, commented on the Event House regulations and requested the City Council review and update the ordinance for protection to residents.
PAULA AUBURN, Palm Springs, announced the upcoming PSNIC candidate forum for the upcoming November 8, 2011, election.
TIM ELLIS, Palm Springs, commented on Measure "J" at the November 8, 2011, election, Item 3.A. the creation of an oversight commission, and the upcoming changes to the Palm Springs Chamber of Commerce and the Palm Springs Economic Development Corporation.
LIZ GLASS, Palm Springs, commented on Measure "J" at the upcoming November 8, 2011, election, the condition of public facilities and streets, spoke in support and requested the City Council create an oversight commission.
JOY MEREDITH, Palm Springs, commented on Measure "J" on the upcoming November 8, 2011, election, and spoke in support of the creation of an oversight commission.
SID CRAIG, Palm Springs, commented on the activities of the Human Rights Commission and the award to Katherine Finchy School.
COUNCILMEMBER COMMENTS:
Councilmember Hutcheson commented on the changes to the Palm Springs Chamber of Commerce and the Palm Springs Economic Development Corporation toward joint efforts, and requested the City Manager review proposals and funding for services to new businesses.
Councilmember Foat provided an update on Roy's Desert Resource Center.
Mayor Pougnet commented on misinformation being circulated in a letter submitted to the Desert Sun.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.M. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.M. (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. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTHS OF JULY AND AUGUST 2011:
Staff Report Item 2.D.
2.F. AMENDMENT NO. 19 TO THE CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, NEW 3% @ 55 SAFETY FIRE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475 DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW FIRE EMPLOYEES):
Staff Report Item 2.F.
2.G. PURCHASE A MOBILE PASSENGER BOARDING RAMP MODEL BAR 2033 FB, FROM KEITH CONSOLIDATED INDUSTRIES, INC. IN THE AMOUNT OF $53,899.73:
2.H. AMENDMENT NO. 2 TO LEASE AGREEMENT NO. A1079 WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT AND AMENDMENT NO. 3 TO SUBLEASE AGREEMENT NO. A4475 WITH KURT AND ANA HAGGSTROM FOR PROPERTY AT 1300 EAST BARISTO ROAD:
Staff Report Item 2.H.
2.I. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2011:
Staff Report Item 2.I.
2.J. RENEWAL OF AGREEMENT NO. A5724 WITH THE USO, GREATER LOS ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE FOR HANGAR SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 2.J.
2.K. AWARD CONTRACT TO C. S. CONSTRUCTION FOR AIRPORT PERIMETER FENCE IMPROVEMENTS IN THE AMOUNT OF $2,741,240 (FAA AIP 3-06-0818-048-2012):
Staff Report Item 2.K.
2.M. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6039 WITH PTM GENERAL ENGINEERING SERVICES FOR THE INDIAN CANYON DRIVE AT VISTA CHINO TRAFFIC SIGNAL MODIFICATION IN THE AMOUNT OF $27,354.82 (CP 08-17):
Staff Report Item 2.M.
EXCLUDED CONSENT CALENDAR:
2.E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT:
Staff Report Item 2.E.
Mayor Pougnet outlined the reductions agreed upon by the City’s Fire Department employees, and thanked the Department.
Motion to approve 1) Adopt Resolution No. 23027, "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 FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2011, 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. A5364. A5428. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Adopt Resolution No. 23027, "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 FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2011, 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. A5364. A5428. (Approved)
2.L. ACCEPT A CONTRIBUTION OF $25,000 FROM THE COUNTY OF RIVERSIDE AND APPROVE AN AGREEMENT WITH ITC DILIGENCE, INC. FOR ADMINISTRATIVE AND BOUNDARY MODIFICATION SERVICES FOR THE PALM SPRINGS FOREIGN TRADE ZONE NO. 236 IN THE AMOUNT OF $55,000:
Staff Report Item 2.L.
Councilmember Foat requested staff address the benefits to the City by expanding the Foreign Trade Zone.
Councilmember Mills stated the Zone was created for the City's investment in the future and was not set-up for immediate results.
Councilmember Hutcheson stated the Zone provides for tremendous opportunity in conjunction with the I-Hub and other City programs.
Councilmember Foat stated she was in favor of the Zone, but wanted other jurisdictions that benefit from the Zone to contribute funding, along with CVEP to assist with funding the expansion.
Motion to approve 1) Accept a $25,000 contribution from the County of Riverside; 2) Approve an agreement with ITC Diligence, Inc. for the administration and boundary modification of Foreign Trade Zone No. 236 in the amount of $55,000; and 3) Authorize the City Manager to execute all necessary documents. A6148. Moved by Mayor Pougnet, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Accept a $25,000 contribution from the County of Riverside; 2) Approve an agreement with ITC Diligence, Inc. for the administration and boundary modification of Foreign Trade Zone No. 236 in the amount of $55,000; and 3) Authorize the City Manager to execute all necessary documents. A6148. (Approved) (Recorded at 01:36:18)
2.N. ACCEPTANCE OF $125,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
Staff Report Item 2.N.
Mayor Pro Tem Weigel commented on the purpose of the grant as DUI enforcement.
Motion to approve 1) Accept $125,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program; and 2) Authorize the City Manager to execute all necessary documents. A5734. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Accept $125,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program; and 2) Authorize the City Manager to execute all necessary documents. A5734. (Approved) (Recorded at 01:37:19)
2.O. AIR SERVICE INCENTIVE PROGRAM FUNDING FOR WEST JET, UNITED, ALLEGIANT, VIRGIN AMERICA, AND FRONTIER AIRLINES IN THE AMOUNT OF $417,500:
Staff Report Item 2.O.
Councilmember Foat commented on benefits of the Air Service Incentive Program and the City’s investment in the future.
Motion to approve 1) Approve Air Service Incentive agreements and funding for West Jet, United, Allegiant, Virgin America and Frontier Airlines in the amount of $417,500; 2) Adopt Resolution No. 23029, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 3) Authorize City Manager to execute all necessary documents. A6149. A6150. A6151. A6152. A6153. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Approve Air Service Incentive agreements and funding for West Jet, United, Allegiant, Virgin America and Frontier Airlines in the amount of $417,500; 2) Adopt Resolution No. 23029, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 3) Authorize City Manager to execute all necessary documents. A6149. A6150. A6151. A6152. A6153. (Approved) (Recorded at 01:39:29)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE APPROVING THE CREATION OF THE MEASURE "J" OVERSIGHT COMMISSION SUBJECT TO RATIFICATION OF MEASURE "J" BY THE VOTERS OF THE CITY OF PALM SPRINGS ON NOVEMBER 8, 2011:
Staff Report Item 3.A.
City Manager Ready provided background information as outlined in the staff report dated September 21, 2011.
The City Council discussed and commented on the proposed ordinance at length with the following provisions: adding a provision for the commission to access the City’s website for publication of reports, requested a provision for the City’s PIO to assist in the publication of reports and findings, the administrative requirements for the commission to conduct and call public hearings, the procedures during the budget process, requests for capital funding received outside the annual budget process, the preparation and issuance of an annual report, the formulation of priorities and other such activities, the role of auditing by the commission, the requirements and make-up of the commission, technical and professional requirements of the commissioners, expertise of the commissioners, the possible creation of a job description for commissioners, creation of an application, the process of appointments and the general process by which the commission would work.
Motion to Waive reading and introduce by title only for first reading Ordinance No. 1796, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHENT OF THE MEASURE "J" OVERSIGHT COMMISSION;"
amending the ordinance as follows: (i) adding a subsection (B) to Section 2.29.010 to read “The membership of the Measure “J” Oversight Commission shall include, but not limited to, residents with accounting or financial backgrounds and expertise,” (ii) revise Section 2.29.050(A) to begin “To the extent permitted by, law . . .,” (iii) revise Section 2.29.050(A)(2) to read “Conduct Hearings and make recommendations to the City Council regarding:,” (iv) add Section 2.29.050(2)(e) to read “Request public hearings with the City Council,” and (v) add Section 2.29.050(B) to read “The actions and recommendations of the Measure “J” Commission shall be reported through appropriate city communication devices and methods provided or maintained by the City Manager for the dissemination of information to the residents of the City.”
Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to Waive reading and introduce by title only for first reading Ordinance No. 1796, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHENT OF THE MEASURE "J" OVERSIGHT COMMISSION;"
amending the ordinance as follows: (i) adding a subsection (B) to Section 2.29.010 to read “The membership of the Measure “J” Oversight Commission shall include, but not limited to, residents with accounting or financial backgrounds and expertise,” (ii) revise Section 2.29.050(A) to begin “To the extent permitted by, law . . .,” (iii) revise Section 2.29.050(A)(2) to read “Conduct Hearings and make recommendations to the City Council regarding:,” (iv) add Section 2.29.050(2)(e) to read “Request public hearings with the City Council,” and (v) add Section 2.29.050(B) to read “The actions and recommendations of the Measure “J” Commission shall be reported through appropriate city communication devices and methods provided or maintained by the City Manager for the dissemination of information to the residents of the City.”
(Approved)
3.B. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PROPOSED ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION OF AN ORDINANCE "OPTING IN" TO THE STATE OF CALIFORNIA’S VOLUNTARY ALTERNATIVE CONTRIBUTION PROGRAM FOR REDEVELOPMENT AGENCIES UNDER ABX1 27 APPROVAL AND TRANSMITTAL OF PRELIMINARY DRAFT INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) APPROVAL OF A REMITTANCE AGREEMENT BETWEEN THE AGENCY AND THE CITY OF PALM SPRINGS FOR THE ABX1 27 PAYMENT APPROVAL OF A RESOLUTION REDUCING THE ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12, AND APPROVAL OF CITY AND AGENCY BUDGET AMENDMENTS FOR FISCAL YEAR 2011-12 TO EFFECTUATE THE VOLUNTARY CONTRIBUTION:
Staff Report Item 3.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 21, 2011.
Motion to [CITY COUNCIL]: 1) Waive reading of text and adopt Urgency Ordinance No. 1797, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 2) Waive reading and introduce by title only for first reading Ordinance No. 1798, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Approve a supplemental appropriation of $3,436,380 from offsetting Agency revenues under the Remittance Agreement, for the payment of the Voluntary Contribution under AB1X 27 for Fiscal Year 2011-12; and 5) Authorize the City Manager to execute all necessary documents. [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1426, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (IROPS) PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS THEREWITH; and 2) Adopt Resolution No. 1427, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS"; and 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Adopt Resolution No. 1428, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 5) Authorize the Executive Director to execute all necessary documents. A6154. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to [CITY COUNCIL]: 1) Waive reading of text and adopt Urgency Ordinance No. 1797, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 2) Waive reading and introduce by title only for first reading Ordinance No. 1798, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Approve a supplemental appropriation of $3,436,380 from offsetting Agency revenues under the Remittance Agreement, for the payment of the Voluntary Contribution under AB1X 27 for Fiscal Year 2011-12; and 5) Authorize the City Manager to execute all necessary documents. [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1426, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (IROPS) PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS THEREWITH; and 2) Adopt Resolution No. 1427, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS"; and 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Adopt Resolution No. 1428, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 5) Authorize the Executive Director to execute all necessary documents. A6154. (Approved)
Councilmember Mills requested staff address the funding by the Affordable Housing Fund and the remaining fund balance.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
ADJOURNMENT:
Sep 21, 2011 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Items 2.L. and 2.O. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant Nos. 1051138, 1051139, 1051172, and Consent Calendar Item 2.H.
Mayor Pougnet requested Item 2.E. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Weigel requested Item 2.N. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES (CASE 5.1270 ZTA):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 21, 2011.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Waive reading and introduce by title only for first reading Ordinance No. 1795, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve Waive reading and introduce by title only for first reading Ordinance No. 1795, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BARBER POLES". (Approved) (Recorded at 00:39:33)
PUBLIC COMMENT:
TOM FREEMAN, County of Riverside, commented on Item 2.L., and requested the City Council support the expansion of the Foreign Trade Zone.
DAVID BARON, Palm Springs, commented on Measure "J" at the November 8, 2011, election, and Item 3.A. the creation of an oversight commission requesting the City Council amend the proposed ordinance.
BOB HELBLING, Palm Springs, commented on Measure "J" at the November 8, 2011, election, and Item 3.A. the creation of an oversight commission.
JOHN GOODRICH, Palm Springs, commented on the Event House regulations and requested the City Council review and update the ordinance for protection to residents.
PAULA AUBURN, Palm Springs, announced the upcoming PSNIC candidate forum for the upcoming November 8, 2011, election.
TIM ELLIS, Palm Springs, commented on Measure "J" at the November 8, 2011, election, Item 3.A. the creation of an oversight commission, and the upcoming changes to the Palm Springs Chamber of Commerce and the Palm Springs Economic Development Corporation.
LIZ GLASS, Palm Springs, commented on Measure "J" at the upcoming November 8, 2011, election, the condition of public facilities and streets, spoke in support and requested the City Council create an oversight commission.
JOY MEREDITH, Palm Springs, commented on Measure "J" on the upcoming November 8, 2011, election, and spoke in support of the creation of an oversight commission.
SID CRAIG, Palm Springs, commented on the activities of the Human Rights Commission and the award to Katherine Finchy School.
COUNCILMEMBER COMMENTS:
Councilmember Hutcheson commented on the changes to the Palm Springs Chamber of Commerce and the Palm Springs Economic Development Corporation toward joint efforts, and requested the City Manager review proposals and funding for services to new businesses.
Councilmember Foat provided an update on Roy's Desert Resource Center.
Mayor Pougnet commented on misinformation being circulated in a letter submitted to the Desert Sun.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.M. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., and 2.M. (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. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTHS OF JULY AND AUGUST 2011:
Staff Report Item 2.D.
2.F. AMENDMENT NO. 19 TO THE CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, NEW 3% @ 55 SAFETY FIRE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475 DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW FIRE EMPLOYEES):
Staff Report Item 2.F.
2.G. PURCHASE A MOBILE PASSENGER BOARDING RAMP MODEL BAR 2033 FB, FROM KEITH CONSOLIDATED INDUSTRIES, INC. IN THE AMOUNT OF $53,899.73:
2.H. AMENDMENT NO. 2 TO LEASE AGREEMENT NO. A1079 WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT AND AMENDMENT NO. 3 TO SUBLEASE AGREEMENT NO. A4475 WITH KURT AND ANA HAGGSTROM FOR PROPERTY AT 1300 EAST BARISTO ROAD:
Staff Report Item 2.H.
2.I. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2011:
Staff Report Item 2.I.
2.J. RENEWAL OF AGREEMENT NO. A5724 WITH THE USO, GREATER LOS ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE FOR HANGAR SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 2.J.
2.K. AWARD CONTRACT TO C. S. CONSTRUCTION FOR AIRPORT PERIMETER FENCE IMPROVEMENTS IN THE AMOUNT OF $2,741,240 (FAA AIP 3-06-0818-048-2012):
Staff Report Item 2.K.
2.M. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6039 WITH PTM GENERAL ENGINEERING SERVICES FOR THE INDIAN CANYON DRIVE AT VISTA CHINO TRAFFIC SIGNAL MODIFICATION IN THE AMOUNT OF $27,354.82 (CP 08-17):
Staff Report Item 2.M.
EXCLUDED CONSENT CALENDAR:
2.E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT:
Staff Report Item 2.E.
Mayor Pougnet outlined the reductions agreed upon by the City’s Fire Department employees, and thanked the Department.
Motion to approve 1) Adopt Resolution No. 23027, "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 FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2011, 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. A5364. A5428. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Adopt Resolution No. 23027, "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 FIRE SAFETY ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTING THE FIRE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2011, 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. A5364. A5428. (Approved)
2.L. ACCEPT A CONTRIBUTION OF $25,000 FROM THE COUNTY OF RIVERSIDE AND APPROVE AN AGREEMENT WITH ITC DILIGENCE, INC. FOR ADMINISTRATIVE AND BOUNDARY MODIFICATION SERVICES FOR THE PALM SPRINGS FOREIGN TRADE ZONE NO. 236 IN THE AMOUNT OF $55,000:
Staff Report Item 2.L.
Councilmember Foat requested staff address the benefits to the City by expanding the Foreign Trade Zone.
Councilmember Mills stated the Zone was created for the City's investment in the future and was not set-up for immediate results.
Councilmember Hutcheson stated the Zone provides for tremendous opportunity in conjunction with the I-Hub and other City programs.
Councilmember Foat stated she was in favor of the Zone, but wanted other jurisdictions that benefit from the Zone to contribute funding, along with CVEP to assist with funding the expansion.
Motion to approve 1) Accept a $25,000 contribution from the County of Riverside; 2) Approve an agreement with ITC Diligence, Inc. for the administration and boundary modification of Foreign Trade Zone No. 236 in the amount of $55,000; and 3) Authorize the City Manager to execute all necessary documents. A6148. Moved by Mayor Pougnet, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Accept a $25,000 contribution from the County of Riverside; 2) Approve an agreement with ITC Diligence, Inc. for the administration and boundary modification of Foreign Trade Zone No. 236 in the amount of $55,000; and 3) Authorize the City Manager to execute all necessary documents. A6148. (Approved) (Recorded at 01:36:18)
2.N. ACCEPTANCE OF $125,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
Staff Report Item 2.N.
Mayor Pro Tem Weigel commented on the purpose of the grant as DUI enforcement.
Motion to approve 1) Accept $125,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program; and 2) Authorize the City Manager to execute all necessary documents. A5734. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Accept $125,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program; and 2) Authorize the City Manager to execute all necessary documents. A5734. (Approved) (Recorded at 01:37:19)
2.O. AIR SERVICE INCENTIVE PROGRAM FUNDING FOR WEST JET, UNITED, ALLEGIANT, VIRGIN AMERICA, AND FRONTIER AIRLINES IN THE AMOUNT OF $417,500:
Staff Report Item 2.O.
Councilmember Foat commented on benefits of the Air Service Incentive Program and the City’s investment in the future.
Motion to approve 1) Approve Air Service Incentive agreements and funding for West Jet, United, Allegiant, Virgin America and Frontier Airlines in the amount of $417,500; 2) Adopt Resolution No. 23029, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 3) Authorize City Manager to execute all necessary documents. A6149. A6150. A6151. A6152. A6153. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Approve Air Service Incentive agreements and funding for West Jet, United, Allegiant, Virgin America and Frontier Airlines in the amount of $417,500; 2) Adopt Resolution No. 23029, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 3) Authorize City Manager to execute all necessary documents. A6149. A6150. A6151. A6152. A6153. (Approved) (Recorded at 01:39:29)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE APPROVING THE CREATION OF THE MEASURE "J" OVERSIGHT COMMISSION SUBJECT TO RATIFICATION OF MEASURE "J" BY THE VOTERS OF THE CITY OF PALM SPRINGS ON NOVEMBER 8, 2011:
Staff Report Item 3.A.
City Manager Ready provided background information as outlined in the staff report dated September 21, 2011.
The City Council discussed and commented on the proposed ordinance at length with the following provisions: adding a provision for the commission to access the City’s website for publication of reports, requested a provision for the City’s PIO to assist in the publication of reports and findings, the administrative requirements for the commission to conduct and call public hearings, the procedures during the budget process, requests for capital funding received outside the annual budget process, the preparation and issuance of an annual report, the formulation of priorities and other such activities, the role of auditing by the commission, the requirements and make-up of the commission, technical and professional requirements of the commissioners, expertise of the commissioners, the possible creation of a job description for commissioners, creation of an application, the process of appointments and the general process by which the commission would work.
Motion to Waive reading and introduce by title only for first reading Ordinance No. 1796, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHENT OF THE MEASURE "J" OVERSIGHT COMMISSION;"
amending the ordinance as follows: (i) adding a subsection (B) to Section 2.29.010 to read “The membership of the Measure “J” Oversight Commission shall include, but not limited to, residents with accounting or financial backgrounds and expertise,” (ii) revise Section 2.29.050(A) to begin “To the extent permitted by, law . . .,” (iii) revise Section 2.29.050(A)(2) to read “Conduct Hearings and make recommendations to the City Council regarding:,” (iv) add Section 2.29.050(2)(e) to read “Request public hearings with the City Council,” and (v) add Section 2.29.050(B) to read “The actions and recommendations of the Measure “J” Commission shall be reported through appropriate city communication devices and methods provided or maintained by the City Manager for the dissemination of information to the residents of the City.”
Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to Waive reading and introduce by title only for first reading Ordinance No. 1796, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.29 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHENT OF THE MEASURE "J" OVERSIGHT COMMISSION;"
amending the ordinance as follows: (i) adding a subsection (B) to Section 2.29.010 to read “The membership of the Measure “J” Oversight Commission shall include, but not limited to, residents with accounting or financial backgrounds and expertise,” (ii) revise Section 2.29.050(A) to begin “To the extent permitted by, law . . .,” (iii) revise Section 2.29.050(A)(2) to read “Conduct Hearings and make recommendations to the City Council regarding:,” (iv) add Section 2.29.050(2)(e) to read “Request public hearings with the City Council,” and (v) add Section 2.29.050(B) to read “The actions and recommendations of the Measure “J” Commission shall be reported through appropriate city communication devices and methods provided or maintained by the City Manager for the dissemination of information to the residents of the City.”
(Approved)
3.B. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PROPOSED ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION OF AN ORDINANCE "OPTING IN" TO THE STATE OF CALIFORNIA’S VOLUNTARY ALTERNATIVE CONTRIBUTION PROGRAM FOR REDEVELOPMENT AGENCIES UNDER ABX1 27 APPROVAL AND TRANSMITTAL OF PRELIMINARY DRAFT INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) APPROVAL OF A REMITTANCE AGREEMENT BETWEEN THE AGENCY AND THE CITY OF PALM SPRINGS FOR THE ABX1 27 PAYMENT APPROVAL OF A RESOLUTION REDUCING THE ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12, AND APPROVAL OF CITY AND AGENCY BUDGET AMENDMENTS FOR FISCAL YEAR 2011-12 TO EFFECTUATE THE VOLUNTARY CONTRIBUTION:
Staff Report Item 3.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 21, 2011.
Motion to [CITY COUNCIL]: 1) Waive reading of text and adopt Urgency Ordinance No. 1797, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 2) Waive reading and introduce by title only for first reading Ordinance No. 1798, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Approve a supplemental appropriation of $3,436,380 from offsetting Agency revenues under the Remittance Agreement, for the payment of the Voluntary Contribution under AB1X 27 for Fiscal Year 2011-12; and 5) Authorize the City Manager to execute all necessary documents. [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1426, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (IROPS) PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS THEREWITH; and 2) Adopt Resolution No. 1427, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS"; and 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Adopt Resolution No. 1428, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 5) Authorize the Executive Director to execute all necessary documents. A6154. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to [CITY COUNCIL]: 1) Waive reading of text and adopt Urgency Ordinance No. 1797, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 2) Waive reading and introduce by title only for first reading Ordinance No. 1798, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Approve a supplemental appropriation of $3,436,380 from offsetting Agency revenues under the Remittance Agreement, for the payment of the Voluntary Contribution under AB1X 27 for Fiscal Year 2011-12; and 5) Authorize the City Manager to execute all necessary documents. [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1426, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE (IROPS) PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS THEREWITH; and 2) Adopt Resolution No. 1427, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR FISCAL YEAR 2011-12 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS"; and 3) Approve a Remittance Agreement between the Community Redevelopment Agency and the City of Palm Springs to cover required AB1X 27 Payments; 4) Adopt Resolution No. 1428, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12;" and 5) Authorize the Executive Director to execute all necessary documents. A6154. (Approved)
Councilmember Mills requested staff address the funding by the Affordable Housing Fund and the remaining fund balance.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
ADJOURNMENT:
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