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City Council Meeting Agenda and Staff Reports

February 1, 2017

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California92262
www.palmspringsca.gov

AGENDA



Robert Moon, Mayor
Ginny Foat, Mayor Pro Tem
Geoff Kors, Councilmember
Chris Mills, Councilmember
J.R. Roberts, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations. 

David H. Ready, Esq., Ph.D., City Manager
Kathleen D. Hart, MMC, Interim City Clerk
Marcus L. Fuller, MPA, P.E., P.L.S.,Assistant City Manager/City Engineer
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and Treasurer

Any person who wishes to provide public testimony for an Item on the Agenda MUST file a speaker card prior to the Public Testimony (Non-Public Hearing Agenda Items Only) prior to that portion of the meeting.  Testimony for Public Hearings will be allowed only during the Public Hearing.  [Two (2) minutes per speaker]

Testimony for Public Hearings will only be taken at the time of the hearing.  Any person who wishes to speak at a Public Hearing must file a “Speaker Card” with the City Clerk BEFORE the Public Hearing is called.[Two (2) minutes per speaker]

Any person who wishes to speak on a topic not on the agenda within the City’s jurisdiction during the “Public Comments” portion of the agenda must file a “Speaker Card” with the City Clerk BEFORE that portion of the agenda is called. [Two (2) minutes per speaker] Although the City Councilvalues your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda.

Please note, any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

4:30 P.M. CLOSED SESSION

 CALL TO ORDER (Council Chamber):

PUBLIC COMMENT (Council Chamber):This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda.

RECESS TO CLOSED SESSION(Small Conference Room):  See Closed Session Agenda.

6:00 P.M. REGULAR MEETING

 CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Girl Scout Troop 579.

ROLL CALL:

PRESENTATIONS:

CITY MANAGER’S REPORT:  This time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:  The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or “no” votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.  The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items.  Two (2) minutes will be assigned to each speaker.  Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.  

1.    CONSENT CALENDAR:
The following routine matters may be acted upon by one motion.  Individual items may be removed by the Council for separate discussion at this time or under Approval of the Agenda.  The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for introduction or adoption.

1.A.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 19, 2017.

1.B.    SECOND READING AND ADOPTION OF ORDINANCE NOS. 1913 AND 1914, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORIES:
RECOMMENDATION:
1) Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1913, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 14, ICON, TRACT MAP NO. 36725, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”
2) Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1914, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 15, SUNIA, TRACT MAP NO. 37143, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”

1.C.    ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “LINEA” DEVELOPMENT, TRACT MAP 36723:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 36723 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

1.D.    APPROVAL OF A PRELIMINARY ENGINEERING AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR PAYMENT IN THE AMOUNT OF $75,000 FOR ENGINEERING SERVICES ASSOCIATED WITH THE RELOCATION OF UTILITY FACILITIES FOR THE RAMON ROAD BRIDGE WIDENING OVER THE WHITEWATER RIVER, CP 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040):
RECOMMENDATION:
1) Approve Preliminary Engineering Agreement with Southern California Edison in the amount of $75,000 to prepare preliminary design plans for the relocation of a 66kV Overhead (OH) transmission power line along Landau Boulevard at Ramon Road, EA 08-925238, Federal Aid Project No. BHLS-5282(040).  A_____.  (SCE Preliminary Engineering Agreement No. 1).
2)  Authorize the City Manager to execute all necessary documents.    
EXCLUDED CONSENT CALENDAR:  Items removed from the Consent Calendar for separate discussion are considered at this time.

2.    PUBLIC HEARINGS:

2.A.    APPEAL BY SUMMIT LAND PARTNERS, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A PLANNED DEVELOPMENT DISTRICT APPLICATION, VESTING TENTATIVE TRACT MAP APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR THE DEVELOPMENT OF A 90-LOT SINGLE-FAMILY SUBDIVISION ON A 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE R-3 (CASE NO. 5.1384-PD 381/VTTM 36969/MAJ 3.3902):
RECOMMENDATION:
1) Table the public hearing with no public testimony at this time.
2) Continue the Public Hearing to March 1, 2017.
3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law.

3.    LEGISLATIVE: None.

4.    UNFINISHED BUSINESS: None.

5.    NEW BUSINESS:

5.A.     ACCEPT A $256,800 DONATION FROM HAROLD MATZNER TOWARD THE PURCHASE OF A BALLISTIC ENGINEERED ARMORED RESPONSE (B.E.A.R.) TACTICAL SWAT VEHICLE FROM LENCO ARMORED VEHICLES, INC. FOR THE PALM SPRINGS POLICE DEPARTMENT AND APPROVE CITY MATCHING FUNDS TO ACQUIRE THE VEHICLE:
RECOMMENDATION:
1)  Accept a $256,800 donation from Harold Matzner toward the purchase of a Lenco B.E.A.R. Tactical Vehicle.
2)  Authorize the matching funds of $256,800, for a total expenditure of $513,600 - to purchase a new Lenco B.E.A.R. tactical vehicle utilizing Cooperative Contract GS-07F-169DA from Lenco Armored Vehicles, Inc.
3)  Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17 FOR THE PURCHASE OF A BALLISTIC ENGINEERED ARMORED RESPONSE (B.E.A.R.) TACTICAL SWAT VEHICLE.”
4)  Authorize the City Manager to execute all necessary documents.

5.B.    CASA VERONA, LLC, REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 33282, A PREVIOUSLY APPROVED SUBDIVISION OF A 6.1 ACRE PARCEL OF 25 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF WHITEWATER RIVER (CASE 5.1035 / TTM 33282):
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A ONE-YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282, A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6.”

5.C.    AWARD A CONSTRUCTION CONTRACT TO TRI-STAR CONTRACTING II, INC. IN THE AMOUNT OF $558,994.20 FOR THE DEMUTH PARK ADA ACCESS IMPROVEMENTS, CP 15-15:
RECOMMENDATION:
1) Reject the lowest bid received from Aghapy Group, Inc., on the basis that Aghapy Group, Inc., is not a responsible bidder.
2) Award a construction contract to Tri-Star Contracting II, Inc., in the amount of $521,098.30 for the Demuth Park ADA Access Improvements, CP 15-15.  A_____.
3) Approve Change Order No. 1 in the amount of $29,091.30 replacing the proposed decomposed granite walkways with Portland cement concrete walkways for an increased total contract amount of $550,189.60.
4) Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $50,000.
5)  Authorize the City Manager to execute all necessary documents.

5.D.    FISCAL YEAR 2016-17 ALLOCATED POSITIONS AND COMPENSATION PLAN AMENDMENT NO. 2 ADDING ONE (1) GRANT AND DONATION OFFICER:
RECOMMENDATION:
1) Adopt Resolution No. _____, “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 2016-17, ADOPTED BY RESOLUTION NO. 24033.”
2)  Authorize the City Manager to execute all necessary documents.

5.E.    DESIGNATION OF A DELEGATE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE FOR THE 2017 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY ON MAY 4, 2017:    
RECOMMENDATION: Appoint a Member of the City Council as the Delegate Representative and appoint a Member of the City Council as the Alternate Delegate Representative for the 2017 SCAG General Assembly in Palm Desert, California, on May 4, 2017.

5.F.    APPOINTMENTS TO THE SUSTAINABILITY COMMISSION FOR THE UNEXPIRED TERMS ENDING JUNE 30, 2017, JUNE 30, 2018, AND JUNE 30, 2019:
RECOMMENDATION:
Appoint members to two (2) unexpired terms ending June 30, 2017, one (1) member for the unexpired term ending June 30, 2018, and one (1) member for the unexpired term ending June 30, 2019.

5.G.    APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO THE OSWIT CANYON AD HOC SUBCOMMITTEE WITH THE SUNSET DATE OF DECEMBER 31, 2017:  
RECOMMENDATION:  Appoint two (2) members of the City Council to the Oswit Canyon Ad hoc Subcommittee with the sunset date of December 31, 2017.

PUBLIC COMMENT:  (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City.  Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda.  Two (2) minutes will be assigned to each speaker.  Testimony for Public Hearings will only be taken at the time of the hearing.

COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to provide additional general comments, reports, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented, and to prioritize and set future agenda items.

ADJOURNMENT: The City Council will adjourn to the next Regular Meeting on Wednesday, February 15, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.


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