HomeMy WebLinkAbout2/15/2012 - STAFF REPORTS - 2B CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, FEBRUARY 1, 2012
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:11 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin, Councilmember
Mills, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT:City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed February 2012, Black History Month in
the City of Palm Springs.
Mayor Pougnet provided an update on the Mayor's State of the City Event, presented
the video from the event and the demolition of the Desert Fashion Plaza.
Mayor Pougnet announced the Mayor's Healthy Challenge event.
Wes Ahgren, CVEP/iHub, provided an update on the activities at the iHub.
REPORT OF CLOSED SESSION: City Attorney Holland stated that the meeting was
called to order at 4:30 p.m, and the City Council recessed into Closed Session to
discuss items on the posted Closed Session Agenda. No reportable actions were
taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Foat noted her property ownership abstention on Consent Calendar
Item 2.D.
Councilmember Lewin noted his abstention on Consent Calendar Item 2.B. January 18,
2012, Minutes, and requested Items 2.1. and 2.K. be removed from the Consent
Calendar for separate discussion.
ITEM NO. ��
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Councilmember Hutcheson noted his abstention on Consent Calendar Item 2.B.,
January 18, 2012, Minutes.
Councilmember Mills requested Item 2.H. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC MEETING:
1.A. CITY'S INDEPENDENT AUDITORS PRESENTATION OF THE FISCAL
YEAR 2010-2011 AUDIT:
Lance, Soll & Lunghard presented the City's Fiscal Year 2010-11
Independent Audit.
ACTION: Lance, Soll & Lunghard presented the City's Fiscal Year 2010-
11 Independent Audit. By consensus of the City Council.
PUBLIC COMMENT:
SAM DUREAS, Palm Springs, commented on his volunteer role at the Palm Springs
Animal Shelter, and noted the number of dogs that are received at the shelter that are
not microchipped.
RICK PANTELE, commented on the upcoming mixer for the Animal Shelter and AIDS
Assistance Program, and requested the City Council issue a regulatory permit for
medical cannabis to CAPS.
SYLVIA SCHMITT, commented on Item 5.A, the suspension of fees for film permitting.
LIZ GLASS, Palm Springs, noted the upcoming Palm Springs Fire Department CERT
Training.
JOE FOSTER, Palm Springs, commented on the location of the Grey Hound Bus
station, the trimming of Palm Trees in the City, and his arrest by the Palm Springs
Police Department.
JACQUES CAUSSIN, commented on the upcoming Palm Springs Modernism Week
activities and events.
DANIEL ESCUDERO, Cathedral City, requested the City Council issue a regulatory
permit for medical cannabis to CAPS.
STEVE ROSENBERG, commented on Item 2.K., and the recent wind storm.
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PATTI LYNNE, Palm Springs, requested the City Council issue a regulatory permit for
medical cannabis to CAPS.
KEN ALAN, commented on Item 5.A., and spoke in support of the suspension of film
permit fees for a period of one year.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: City Manager Ready provided an update on the recent
wind storm damage, and the City's bond rating.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.J. Motion
Councilmember Hutcheson, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the February 1, 2012,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 18, 2012, and
December 7, 2011. Approved as part of the Consent Calendar, noting
the abstention of Councilmember Hutcheson and Councilmember
Lewin on the January 18, 2012 Minutes.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23080, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 01-07-12 BY WARRANTS NUMBERED 417185 THROUGH
417215 TOTALING $48,161.66, LIABILITY CHECKS NUMBERED
1053665 THROUGH 1053689 TOTALING $124,458.99, FIVE WIRE
TRANSFERS FOR $163,098.03, AND THREE ELECTRONIC ACH
DEBITS OF $1,171,564.53, IN THE AGGREGATE AMOUNT OF
$1,507,283.21, DRAWN ON BANK OF AMERICA;" and 2) Adopt
Resolution No. 23081, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1053690
THROUGH 1053849 IN THE AGGREGATE AMOUNT OF $991,142.10,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. ACCEPT THE RESIGNATION OF DIEGO HEREDIA FROM THE PALM
SPRINGS BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD:
ACTION: 1) Accept with regret the resignation of Diego Heredia from the
Palm Springs Business Improvement District Advisory Board; and 2)
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February 1, 2012
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Direct the City Clerk to post a Notice of Vacancy for the unexpired term
ending June 30, 2013. Approved as part of the Consent Calendar,
noting the abstention of Mayor Pro Tern Foat.
2.E. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2011:
ACTION: Receive and file the Treasurer's Investment Report as of
December 31, 2011. Approved as part of the Consent Calendar.
2.F. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS
LINE RATE APPROVED BY THE VOTERS BY MEASURE "G"
PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050:
ACTION: Adopt Resolution No. 23082, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING
THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT
TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY THE
VOTERS BY MEASURE 'G'." Approved as part of the Consent
Calendar.
2.G. COOPERATIVE AGREEMENT WITH THE CITY OF CATHEDRAL CITY
RELATED TO THE RAMON ROAD WIDENING (SAN LUIS REY DR. TO
LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE
WIDENING (CP 08-25):
ACTION: 1) Approve an agreement with the City of Cathedral City for
Funding the Local Share of the Preliminary Engineering Phase of the
Widening of the Ramon Road Bridge over the Whitewater River Channel
and associated Street Improvements FEDERAL-AID PROJECT NO.
BHLS-5282 (040) (CP 08-25); and 2) Authorize the City Manager to
execute all necessary documents. A6202. Approved as part of the
Consent Calendar.
2.J. EXTENSION OF THE NEW RESIDENTIAL CONSTRUCTION
INCENTIVE PROGRAM AS PART OF THE CITY OF PALM SPRINGS
CONTINUING ECONOMIC DEVELOPMENT PROGRAM:
ACTION: Approve the extension of the New Residential Construction
Incentive Program through December 31, 2012. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.H. EASEMENT DEEDS TO RIVERSIDE COUNTY FLOOD CONTROL DISTRICT:
Councilmember Mills questioned if the easements the City is granting are in the
Tahquitz Creek Master Plan.
ACTION: 1) Adopt Resolution No. 23083, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE GRANTING OF AN EASEMENT IN FAVOR OF THE RIVERSIDE COUNTY
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FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR PALM
CANYON WASH, STAGE 5 (RCFC PROJECT NO. 6-0-00040, RCFC PARCEL
NO. 6040;" 2) Adopt Resolution No. 23084, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE GRANTING OF EASEMENTS IN FAVOR OF THE RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR PALM
CANYON WASH, STAGE 91 (RCFC PROJECT NO. 6-0-00040, RCFC
PARCELS NO. 6040-505A AND 6040-505B;" 3) Adopt Resolution No. 23085, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE CONVEYANCE OF LAND IN TRACT MAP
NO. 18087 TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT FOR PALM CANYON WASH LATERAL A, STAGE
II (RCFC PROJECT NO. 6-0-00041, RCFC PARCEL NO. 6041-500;" and 4)
Adopt Resolution No. 23086, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
CONVEYANCE OF LAND IN TRACT MAP NO. 18087 TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR
PALM CANYON WASH LATERAL A, STAGE II (RCFC PROJECT NO. 6-0-
00041, RCFC PARCEL NO. 6041-501." Motion Councilmember Mills,
seconded by Councilmember Lewin and unanimously carried on a roll call
vote.
2.1. ACCEPT THE RESIGNATION OF BARBARA MARSHALL FROM THE
HISTORIC SITE PRESERVATION BOARD:
Councilmember Lewin thanked the Commissioners for their time and effort to the
City.
ACTION: 1) Accept with regret the resignation of Barbara Marshall from the
Historic Site Preservation Board; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2013. Motion Councilmember
Lewin, seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
2.K. CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING
THE ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES, RELATING
TO THE JANUARY 2012, SEVERE WIND STORM:
Councilmember Lewin thanked staff and residents for their assistance and public
service during the emergency.
ACTION: Adopt Resolution No. 23087, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONTINUING
THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE ACTIONS
OF THE DIRECTOR OF EMERGENCY SERVICES, PURSUANT TO PALM
SPRINGS MUNICIPAL CODE CHAPTER 2.20, RELATING TO THE JANUARY,
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2012, SEVERE WIND STORM," Motion Councilmember Lewin, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. UPDATE ON NOISE MITIGATION AT THE PALM SPRINGS
INTERNATIONAL AIRPORT BY THE CITY COUNCIL SUBCOMMITTEE:
Thomas Nolan, Executive Director Airport, provided background
information as outlined in the staff report dated February 1, 2012.
Councilmember Lewin requested staff address the success of the good
neighborhood policy, the ability of the pilot to control noise of a military jet,
the potential to develop a brochure for the pilot, and should the FBO's
track the military activity.
Councilmember Mills noted that some community members are in support
of the military presence at the Palm Springs International Airport, and
stated the City needs to seek a balance.
ACTION: Receive and File. By consensus of the City Council.
5. NEW BUSINESS:
5.A. ONE-YEAR SUSPENSION OF FILM AND LOCATION PERMIT FEES:
City Manager Ready provided background information as outlined in the
staff report dated February 1, 2012.
Councilmember Hutcheson questioned the types of results that staff will
review and provide to the City Council in one year.
Councilmember Lewin stated his support for the fee waiver, noted the
benefits to all types of production companies, and requested City staff
review the policies of New York City.
ACTION: Adopt Resolution No. 23088, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING FILM PERMIT AND LOCATION FEES FOR ONE (1)
YEAR." Motion Mayor Pougnet, seconded by Councilmember Lewin
and unanimously carried on a roll call vote.
5.113. MID-YEAR FISCAL YEAR 2011-12 BUDGET UPDATE:
Geoffrey Kiehl, Director of Finance, presented a PowerPoint presentation
on the Fiscal Year 2011-12 Budget.
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Mayor Pougnet commented on the valley-wide comparison of TOT
revenues, the success of the Hotel Incentive Program, and noted the
recovery in cash reserves.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Foat requested staff address the lights in the Sunrise Park Parking Lot,
a tree that needs attention at the handicapped parking spot, the damage to the fence at
the Palm Springs Dog Park, thanked the volunteers at the Animal Shelter, and
requested the City Attorney review microchipping of animals.
Councilmember Hutcheson thanked the City Council and community for their notes and
condolences with regard to the recent passing of his father.
Councilmember Lewin requested the City Council Subcommittee on Downtown
Revitalization consider public spaces, and prioritizing the hiring of local labor by the
contractor of the Museum Market Plaza.
Mayor Pougnet provided an update on the activities of the City Council Subcommittee
regarding the Museum Market Plaza project.
Councilmember Mills commented on the Museum Market Plaza Specific Plan.
ADJOURNMENT: The City Council adjourned at 8:13 p.m. to Wednesday, February 15,
2012, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small
Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15TH DAY OF FEBRUARY, 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
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SPECIAL MEETING MINUTES
MONDAY, JANUARY 30, 2012
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 1:35 p.m.
ROLL CALL:
PRESENT: Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat,
and Mayor Pougnet.
ABSENT: Councilmember Hutcheson.
ALSO PRESENT: City Manager Ready and City Clerk Thompson.
PUBLIC COMMENT: None.
NEW BUSINESS:
1. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY
REDEVELOPMENT AGENCY TAKING CERTAIN ACTIONS REGARDING
FUNDS WITHIN TWO ACCOUNTS HELD AT THE STATE OF CALIFORNIA
LOCAL AGENCY INVESTMENT FUND (LAIF) AT THE REQUEST OF THE
CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT
AGENCY IN ACCORDANCE WITH THE ADOPTED INVESTMENT POLICY:
City Manager Ready and City Treasurer Kiehl, provided background information
as outlined in the proposed resolutions.
The City Council discussed and/or commented on the following with respect to
the transfers: questioned what other cities are doing with respect to RDA funds
in LAIF, the amount of interest that may be lost, advantages investing in LAIF as
opposed to regular institutions, funds guaranteed by FDIC, if the League of
California Cities has made a recommendation, and status of the Oversight
Commission.
ACTION: [CITY COUNCIL] Adopt Resolution No. 23079, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RATIFYING, CONFIRMING, AND APPROVING THE WITHDRAWAL OF CITY
FUNDS FROM THE LOCAL AGENCY INVESTMENT FUND AND THE
REINVESTMENT OF SUCH FUNDS IN A MANNER CONSISTENT WITH THE
CITY INVESTMENT POLICY." [REDEVELOPMENT AGENCY] Adopt Resolution
No. 1432, "A RESOLUTION OF THE AGENCY BOARD OF THE CITY OF PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY RATIFYING,
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January 30,2012
Page 2
CONFIRMING, AND APPROVING THE WITHDRAWAL OF CITY FUNDS FROM
THE LOCAL AGENCY INVESTMENT FUND AND THE REINVESTMENT OF
SUCH FUNDS IN A MANNER CONSISTENT WITH THE CITY INVESTMENT
POLICY." Motion Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried (4-0), noting the absence of Councilmember
Hutcheson.
ADJOURNMENT: The City Council adjourned at 1:56 p.m. to the next Regular Meeting,
Wednesday, February 1, 2012, at 6:00 P.M. Council Chamber, City Hall, preceded by a
Closed Session, at 4:30 P.M., in the Small Conference Room, City Hall, 3200 East
Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15T" DAY OF FEBRUARY, 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, DECEMBER 14, 2011
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Dr. Jeff Walker, Victory Christian Church, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin, Councilmember
Mills, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland;City Clerk Thompson.
PRESENTATIONS: The Marine Corps Combat Center Band performed a brief holiday
selection, and Mayor Pougnet and the City Council proclaimed December 14, 2011, as
Marine Corps Combat Center Band Day in the City of Palm Springs.
Mayor Pougnet and the City Council proclaimed December 21, 2011, as National
Homeless Person's Memorial Day in the City of Palm Springs.
Police Chief Franz presented the Palm Springs Police Department's new K-9 "Kane."
Mayor Pougnet provided an update on the recent Athena Awards Event in the City of
Palm Springs, and congratulated honoree Ginny Foat.
Mayor Pro Tern Foat announced the new hours of operation at the Palm Springs Animal
Shelter, and the discounted adoption fees during the holidays.
Mayor Pougnet announced the City Council is now accepting applications for the City of
Palm Springs Measure "J" Oversight Commission.
REPORT OF CLOSED SESSION: City Attorney Holland reported that the meeting was
called to order at 4:30 p.m., and the City Council recessed into Closed Session to
discuss items contained on the posted Closed Session Agenda. No reportable actions
were taken.
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Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requests Item 2.1. be removed from the Consent
Calendar for an update.
Mayor Pougnet requested that Item 4.C. be heard out of order as the first item on the
Agenda.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
Item 4.C. was heard out of order, prior to the public hearing.
1. PUBLIC HEARINGS:
1.A. AMENDMENT TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT DISTRICT TO CHANGE THE USE FROM
CONDOMINIUMS TO TIME-SHARE CONDOMINIUM HOTEL AT A 12-
UNIT CONDOMINIUM PROJECT, LOCATED AT 588 SAN LORENZO
ROAD (CASE 5.1171 AMND PDD 351):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 14, 2011.
Councilmember Hutcheson requested staff address the deferral of Quimby
Fees and Public Arts Fees.
Mayor Pro Tern Foat requested staff address the ownership of the
property, and noted complaints surrounding the property.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
LANCE ROBUT, Applicant, commented on the ownership of the property,
the timeline for construction, and requested the City Council support the
conversion.
No further speakers coming forward the public hearing was closed.
ACTION: Adopt Resolution No. 23055, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT
DISTRICT AMENDMENT TO ADD TIME-SHARE CONDOMINIUM
HOTEL USES TO THE LIST OF PERMITTED USES IN PDD 351, AT AN
EXISTING 12-UNIT CONDOMINIUM PROJECT LOCATED AT 588 SAN
LORENZO ROAD, ZONE R-3, SECTION 23 (CASE 5.1171 AMND PDD
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351)." Motion Councilmember Hutcheson, seconded by Mayor Pro
Tern Foat and unanimously carried on a roll call vote.
PUBLIC COMMENT:
JOHN TYMON, commented on Measure "J," and the condition of buildings in the
Downtown area.
BOB HELBLING, Palm Springs, congratulated Mayor Pro Tern Foat on her Athena
Award, noted the process surrounding the remodel of the Saguaro Hotel, and
commented on LED lighting and sustainability.
JOE PALMA, Desert Electric Supply, commented on Item 4.A., stated his support for
the proposed energy proposals, and requested the City Council ensure that the local
preference policy will be in effect for the projects.
MICHAEL MULCANY, commented on Item 4.A., stated his opposition to starting the
plan prior to obtaining an independent third party review, commented on the costs, and
stated the proposal does not provide sufficient savings to the City.
GALE WHEAT, requested the City Council consider adopting a resolution in support of
Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
FRANCES MILLER, requested the City Council consider adopting a resolution in
support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of
corporations.
NANCY GUITIERREZ, Palm Desert, requested the City Council consider adopting a
resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding
the rights of corporations.
CAROLYN KRAUSE, requested the City Council consider adopting a resolution in
support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of
corporations.
BOB THOMAS, Palm Springs, commented on Consent Calendar Item 2.1., stated the
staff report received does not reflect the actions of the VillageFest Board, and noted the
Board's concerns.
JOY MEREDITH, Palm Springs, commented on Item 2.1. regarding VillageFest rules
and regulations, noted the concerns of MainStreet Vendors, and requested the City
Council review the fees charged to merchant vendors.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Clerk set-up interviews for Commission and Board
vacancies.
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December 14, 2011
Page 4
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K. and
21. Motion Councilmember Hutcheson, seconded by Councilmember
Lewin and unanimously carried (4-0) on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern
Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the December 14,
2011, City Council Agenda. Approved as part of the Consent Calendar.
2.13. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2011:
ACTION: Receive and file the Treasurer's Investment Report as of
September 30, 2011. Approved as part of the Consent Calendar.
2.C. TIME LIMITED PARKING IN THE VICINITY OF ST. THERESA
SCHOOL:
ACTION: Adopt Resolution No. 23056, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING 2-HOUR TIME LIMITED PARKING ZONES FROM 7:00
A.M. TO 7:00 P.M. ON THE SOUTH SIDE OF THE RAMON ROAD
FRONTAGE ROAD ADJACENT TO ST. THERESA SCHOOL." Approved
as part of the Consent Calendar.
2.1). STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF NOVEMBER 2011:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of November 1 through November 30,
2011. Approved as part of the Consent Calendar.
2.E. AMENDMENT NO. 10 TO AGREEMENT NO. A5488 WITH ALLEN F.
SMOOT & ASSOCIATES FOR OWNER'S REPRESENTATIVE
SERVICES TO REFLECT AN EXTENSION OF THREE MONTHS
ADDITIONAL START-UP SERVICES AT THE ANIMAL SHELTER
PROJECT:
ACTION: 1) Approve Amendment No. 10 to Agreement No. A5488 with
Allen F. Smoot & Associates, for Owner Representative Services,
extending the start-up services at the Animal Shelter for an additional
three months; and 2) Authorize the City Manager to execute all necessary
documents. A5488. Approved as part of the Consent Calendar.
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2.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23057, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1052532 THROUGH 1052753 IN THE AGGREGATE
AMOUNT OF $8,884,458.18, DRAWN ON BANK OF AMERICA;" 2)Adopt
Resolution No. 23058, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-12-11 BY
WARRANTS NUMBERED 417081 THROUGH 417104 TOTALING
$43,193.99, LIABILITY CHECKS NUMBERED 1052754 THROUGH
1052778 TOTALING $123,514.46, FIVE WIRE TRANSFERS FOR
$48,396.84, AND THREE ELECTRONIC ACH DEBITS OF $1,016,522.90,
IN THE AGGREGATE AMOUNT OF $1,231,628.19, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23059, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1052779 THROUGH 1052858 IN THE AGGREGATE
AMOUNT OF $565,444.82, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23060, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-26-11 BY
WARRANTS NUMBERED 417105 THROUGH 417129 TOTALING
$56,656.48, LIABILITY CHECKS NUMBERED 1052859 THROUGH
1052883 TOTALING $122,136.97, FIVE WIRE TRANSFERS FOR
$92,818.59, AND THREE ELECTRONIC ACH DEBITS OF $1,389,513.13,
IN THE AGGREGATE AMOUNT OF $1,661,125.17, DRAWN ON BANK
OF AMERICA;" and 5) Adopt Resolution No. 23061, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1052884 THROUGH 1052979 IN THE AGGREGATE
AMOUNT OF $3,594,520.79, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.G. AMENDMENT NO. 2 TO THE FISCAL YEAR 2011-12 ALLOCATED
POSITIONS AND COMPENSATION PLAN:
ACTION: Adopt Resolution No. 23062, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2011-12, ADOPTED
BY RESOLUTION NO. 22925." Approved as part of the Consent
Calendar.
2.1-1. AGREEMENT WITH FALCO ENTERPRISES, INCORPORATED, FOR
THE PURCHASE OF TWO (2) POLICE CANINES, TWO (2) ACADEMY
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COURSES, MONTHLY MAINTENANCE TRAINING AND YEARLY
CERTIFICATION:
ACTION: 1) Approve an agreement with Falco Enterprises, Incorporated,
in a form acceptable to the City Attorney, approving the purchase of two
(2) police canines, one (1) Basic Patrol K9 Academy course, one (1) Basic
Explosive Detection K9 Academy course, monthly maintenance training
for five (5) dogs, and yearly certification training for five (5) dogs in the
amount of $39,995 for the period of January 1, 2012, through December
31, 2012; and 2) Authorize the City Manager to execute all necessary
documents. A6183. Approved as part of the Consent Calendar.
2.J. AMENDMENTS TO THE SKYWEST AIRLINES AND ATLANTIC
AVIATION LEASE AGREEMENTS:
ACTION: 1) Approve Amendment No. 3 to the Operation and Lease
Agreement No. A2388 with SkyWest Airlines, Inc., adding an amount of
undeveloped leasehold land to accommodate an expansion of SkyWest's
maintenance operations and providing SkyWest with development
assistance of up to 15 months of rent abatement, not to exceed $51,000;
2) Approve Amendment No. 2 to the Operation and Lease Agreement No.
A1764 with Atlantic Aviation FBO, Inc., reducing the amount of its
undeveloped leasehold land; and 3) Authorize the City Manager to
execute all necessary documents. A2388. A1764. Approved as part of
the Consent Calendar.
2.K. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF
CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND
APPROPRIATION:
ACTION: 1) Accept the State of California Supplemental Law
Enforcement Funds Grant (SLESF) and Expenditure Plan; 2) Direct the
Director of Finance/City Treasurer to fund the appropriation; and 3)
Authorize the City Manager to execute any documents to effectuate the
acceptance of the Grant. A5765. Approved as part of the Consent
Calendar.
2.L. APPROVE REVISED CITY OF PALM SPRINGS' INJURY AND ILLNESS
PREVENTION PROGRAM (IIPP) AND AUTHORIZE THE CITY
MANAGER TO IMPLEMENT THE IIPP:
ACTION: Adopt Resolution No. 23063, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING IMPLEMENTATION OF THE REVISED PALM SPRINGS
INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)." Approved as
part of the Consent Calendar.
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EXCLUDED CONSENT CALENDAR:
2.1. MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN
AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS IN
VILLAGEFEST:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated December 14, 2011.
Councilmember Mills noted some of his concerns with merchant vendors as
outlined by the VillageFest Board, noted than when the new streets are installed
as part of Museum Market Place that infrastructure is installed in the middle of
the street, stated he would prefer to have the rules changed only for the current
season, limits the merchants to categories that currently exist, and noted that the
Board should be able to review merchants to ensure the goods are in existing
categories and not every merchant should be allowed a booth, stated the
merchants should not be placed in one area of VillageFest, and requested staff
address the fee structure, and stated fees for merchants should be equal to
current VillageFest vendors.
Councilmember Lewin noted the concerns of merchants and the impact to local
merchants for VillageFest, expressed concerns with some types of merchandise
to be sold such as liquor, stated his support for a pilot program, and commented
on the concern with the fee structure.
Councilmember Hutcheson stated his support for merchants to be allowed to
participate and have the same fees as the vendors and be primary products of
the store and not necessarily conform to the existing VillageFest categories,
stated his support for a sunset provision for one year, and stated the vendor
should be subject to the approval of the VillageFest Board.
Mayor Pro Tem Foat stated her concern for a process to allow for certain
merchandise, merchandise should be within the current categories of VillageFest
but perhaps the Board could make an exception for unique products, stated the
fees for merchants should be lower than those for regular VillageFest vendors,
but stated the same types of rules should apply to local merchants, and stated
the local merchants should not be all bunched together.
Councilmember Lewin stated his support for broadening the scope and improved
quality.
Councilmember Hutcheson indicated his support to limit to the current categories
with the VillageFest Board to make exceptions.
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Councilmember Mills stated if you make exceptions for the merchants, then you
will have to make exceptions for the vendors as well, and indicated that the
VillageFest Board may have difficultly in such determinations.
Councilmember Foat noted that under the current rules a large percentage of the
goods must be hand created, and the merchants would not be able to qualify
under such conditions.
VillageFest Chair Bob Thomas commented on the existing categories and stated
the Board would be reviewing the categories, and hoped the City Council provide
the Board flexibility with the categories and possible additions to the categories.
City Manager Ready stated the City wanted to open up VillageFest to local
merchants, as such the local merchants would not be hand made goods, and it
may be a burden for the Board to make a decision what merchandise the local
merchants would be allowed at the event, but the Board would be put in that
position, recommended such rule changes be for one season and refine the
detail points at that time.
Councilmember Lewin requested the Board Chair address if such a model would
be a burden to balance those decisions by merchants, and stated the decision to
provide for a new merchant category would be defensible if controlled by the
Board.
City Manager Ready stated that is one model, but requested the Board be tasked
to create guidelines and criteria for any such appeal that may be filed.
Councilmember Hutcheson advised freedom to experiment and let the merchants
try different products, and provide the Board with flexibility to deal with situations
as they arise.
Councilmember Mills noted that the food category could be problematic for the
VillageFest Board, requested the Board Chair address if the merchant could be
located in front of their store.
Mayor Pro Tem Foat requested the VillageFest Board outline approaches to
regulate local merchant's display of merchandise that may not reflect VillageFest,
and requested the City Council consider a 50% discount for local merchant
VillageFest permit fees.
ACTION: Direct staff to administratively implement modifications to the
VillageFest Rules for a trial period of one year, that allows local merchant
vendors, subject to the following: (i) 50% reduction of VillageFest permit fees; (ii)
vendors reviewed by the VillageFest Board for primary product with discretion by
the VillageFest Board; (iii) not entitled to the current appeal process; and (iv)
local merchant vendors are to be integrated into the event. Motion Mayor Pro
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Tern Foat, seconded by Councilmember Mills and carried 4-1 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tem
Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. CITYWIDE ENERGY MANAGEMENT PROJECT:
David Barakian, City Engineer, and Marcus Fuller, Assistant City
Engineer, provided background information as outlined in the staff report
dated December 14, 2011, and a PowerPoint presentation.
Mayor Pougnet thanked City staff for the comprehensive staff report, and
commented on the solar facility.
Councilmember Hutcheson requested staff address the monitoring
program for the first five years, and commented on the electronic display
at the Convention Center.
Councilmember Mills requested staff address the cost and savings for the
lighting system and irrigation control retrofit and the central control
systems combined with a specific location weather system, requested staff
address the lack of redundancy by the elimination of the second Co-Gen
plant, requested staff address increasing the load at the Sunrise Plant,
look at the potential cost of adding the Boys and Girls Club and the Senior
Center to the proposed solution, requested staff address the
responsibilities of Chevron pursuant to the contract, the use of the
procurement process, and stated this type of project would be relevant to
a City Council subcommittee.
Councilmember Lewin requested staff address the cost of energy from
SCE as opposed to generating the energy with the Co-Gen, and stated he
is interested in seeing the third-party analysis on the redundancy with
respect to the Co-Gen Plants, and commented on potential solar at the
pool, requested staff address the chilling of the pool, and commented on
the overall goals and savings from the proposed projects.
ACTION: 1) Direct staff to move forward with Chevron Energy Solutions
on the recommended list of Energy Conservation Measures to be included
in the scope of the overall Citywide energy management project; 2)
Approve the Comprehensive Energy Audit ("CEA") submitted by Chevron
Energy Solutions dated July 20, 2011; 3) Direct staff to move forward with
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an independent third party review of the Citywide energy management
project; and 4) Direct staff to include information on the connection to
include the Boys and Girls Club and Mizell Senior Center at Sunrise Park.
Motion Mayor Pro Tern Foat, seconded by Councilmember Lewin and
unanimously carried on a roll call vote.
The City Council recessed at 9:05 p.m.
The City Council reconvened at 9:12.
4.13. PROGRESS REPORT, UPDATE, AND DISCUSSION REGARDING THE
PALM SPRINGS PROMENADE LLC DOWNTOWN REVITALIZATION
PROJECT AT THE DESERT FASHION PLAZA LOCATED AT 123
NORTH PALM CANYON DRIVE:
Mayor Pougnet provided an update and a PowerPoint presentation on the
Downtown Revitalization Project.
No action taken.
4.C. PRE-DEVELOPMENT FUNDING AGREEMENT WITH WESSMAN
DEVELOPMENT COMPANY AND PALM SPRINGS PROMENADE, LLC,
FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123
NORTH PALM CANYON DRIVE AND A RESOLUTION DECLARING
INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS
OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS
(DESERT FASHION PLAZA):
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
December 14, 2011.
Councilmember Lewin requested staff address the insurance
requirements as stipulated in the proposed agreement.
ACTION: 1) Approve an agreement with Wessman Development
Company and Palm Springs Promenade, LLC for the redevelopment of
real property at 123 North Palm Canyon Drive, commonly known as the
Desert Fashion Plaza; 2) Adopt Resolution No. 23064, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING INTENTION TO REIMBURSE
EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS
AND DIRECTING CERTAIN ACTIONS;" and 3) Adopt Resolution
No. 23065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE 2011-12 FISCAL
YEAR BUDGET;" and 4) Authorize the City Manager to execute all
necessary documents. A6184. Motion Councilmember Mills, seconded
by Mayor Pro Tern Foat and unanimously carried on a roll call vote.
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5. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY
COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY
COMMISSIONS AND BOARDS:
The Members of the City Council indicated they would not participate in
the discussion or the vote, for each appointment of the individual
Councilmember, should such appointment provide for the payment of a
stipend.
ACTION: 1) Direct the City Clerk to delete the following appointments to
external organizations: CVAG Human/Community Resources and Palm
Springs Economic Development Corporation and 2) the Pacific Housing
Finance (PHFA) is to be included in the City Council Subcommittee on
Sustainability. By consensus of the City Council.
ACTION: Modify the alternate appointment to the CVAG Homelessness
Committee to Councilmember Lewin. By consensus of the City Council,
noting the absence of Councilmember Lewin.
ACTION: Modify the designee appointment to the CVAG Public Safety
Committee to Councilmember Lewin. By consensus of the City Council,
noting the absence of Councilmember Lewin.
ACTION: Modify the designee appointment to the CVAG Transportation
Committee to Mayor Pro Tern Foat. By consensus of the City Council,
noting the absence of Mayor Pro Tern Foat.
ACTION: Modify the alternate appointment to the CVAG Transportation
Committee to Councilmember Lewin. By consensus of the City Council,
noting the absence of Councilmember Lewin.
ACTION: Modify the alternate appointment to the Coachella Valley
Conservation Commission to Mayor Pro Tern Foat. By consensus of the
City Council, noting the absence of Mayor Pro Tern Foat.
ACTION: Modify the designee appointment to the Riverside County
Transportation Commission to Mayor Pro Tern Foat. By consensus of
the City Council, noting the absence of Mayor Pro Tern Foat.
ACTION: Modify the alternate appointment to the Riverside County
Transportation Commission to Mayor Pougnet. By consensus of the City
Council, noting the absence of Mayor Pougnet.
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ACTION: Modify the designee appointment to Sunline to Councilmember
Hutcheson, effective January 26, 2012. By consensus of the City
Council, noting the absence of Councilmember Hutcheson.
ACTION: Modify the alternate appointment to Sunline to Mayor Pougnet,
effective January 26, 2012. By consensus of the City Council, noting
the absence of Mayor Pougnet.
ACTION: 1) Modify the alternate appointment to the Palm Springs
Chamber of Commerce to Councilmember Lewin; 2) Modify the alternate
appointment to the Riverside County Community Action Commission to
Councilmember Mills; and 3) Modify the designee appointment to the
Eastern Riverside County Interoperable Communications Authority
(ERICA) to Councilmember Lewin. By consensus of the City Council.
ACTION: Appoint Councilmember Lewin and Councilmember Hutcheson
to the Housing City Council Standing Subcommittee. By consensus of
the City Council.
ACTION: 1) Appoint Councilmember Mills and Councilmember Hutcheson
to the Palm Springs Disposal Services Contract Renewal ad hoc City
Council Subcommittee; 2) Appoint Mayor Pro Tern Foat and
Councilmember Mills to the Parks Master Plan ad hoc City Council
Subcommittee; 3) Appoint Mayor Pougnet and Mayor Pro Tern Foat to the
Fiscal Year 2012-13 Budget ad hoc City Council Subcommittee; 4)
Appoint Councilmember Lewin and Councilmember Mills to the Library
Remodel/Expansion ad hoc City Council Subcommittee; 5) Appoint
Councilmember Hutcheson and Councilmember Foat to the College of the
Desert ad hoc City Council Subcommittee; 6) Appoint Mayor Pougnet and
Councilmember Lewin to the Special Event ad hoc City Council
Subcommittee; 7) Appoint Mayor Pougnet and Councilmember Mills to the
Museum Market Plaza Project Financing Agreement
Implementation/Monitoring ad hoc City Council Subcommittee; and 8)
Appoint Councilmember Mills and Councilmember Lewin to the Citywide
Energy Project ad hoc City Council Subcommittee. By consensus of the
City Council.
ACTION: Direct the City Clerk to delete the following City Council ad hoc
subcommittees: 1) 2011 General Plan Housing Element Update; 2) Police
Chief Selection Process; 3) Traffic Calming and Incorporation of Bike
Lanes; 4) ComDyn Affordable Housing Project; 5) Business Improvement
District Candidate Selection (appoint as part of the City Council's annual
recruitment of Boards and Commissions; 6) Business Improvement
District Modifications; 7) FY 2010-11 Budget; 8) WWTP; 9) Campaign
Finance Reform; 10) Tourism/Convention Center; 11) TRENO Tahquitz
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Creek Mini Park (move into Parks Master Plan); 12) Animal Shelter; and
13) Desert Fashion Plaza. By consensus of the City Council.
Councilmember Mills stated he has a business related conflict of interest
with respect to Item 5.B., would not participate in the discussion or the
vote, and left Council Chamber.
5.13. PROPOSED REVISIONS TO MAINTENANCE, LANDSCAPING, AND
AN AMENDMENT TO THE SIGN PROGRAM AT THE EL MIRADOR
BUILDING, A CLASS 1 HISTORIC PROPERTY AT 1150 NORTH
INDIAN CANYON DRIVE (DESERT REGIONAL MEDICAL CENTER)
(HSPB 1):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 14, 2011.
ACTION: 1) Adopt a Certificate of Approval to amend the maintenance,
landscaping, and sign programs for the El Mirador Building (HSPB 1)
located at 1150 North Indian Canyon Drive; and 2) Direct staff to prepare
a resolution that provides for the Historic Site Preservation Board to
approve future Certificates of Approval for the subject property. Motion
Mayor Pougnet, seconded by Mayor Pro Tern Foat and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on meetings with Supervisor Benoit regarding the
Countywide Parks Plan, and provided an update on SunLine.
ADJOURNMENT: The City Council adjourned, in memory of Arlene Smith, at 9:59 p.m.
to Wednesday, January 4, 2012, Council Chamber, City Hall, preceded by Closed
Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15T" DAY OF FEBRUARY, 2012.
STEPHEN P. POUGNET, MAYOR
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ATTEST:
JAMES THOMPSON, CITY CLERK
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