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City Council Meeting Agenda and Staff Reports

April 5, 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, California 92262
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 Council values 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:  Palm Springs Air Force ROTC Junior Color Guard.

ROLL CALL:

PRESENTATIONS:

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.

REPORT OF CLOSED SESSION:

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.  

CITY COUNCIL AND CITY MANAGER’S COMMENTS AND REPORT:  This time is set aside for the City Council to provide additional general comments, reports, and announcements are briefly presented.  Additionally, 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.

CITY COUNCIL SUBCOMMITTEE REPORTS:  This time is set aside for the City Council to provide subcommittee reports.  

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 Acceptance of the Agenda.  The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

1.A. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of March 22, 2017.

1.B. INDIAN CANYON DRIVE PEDESTRIAN BRIDGE REPAINTING:
RECOMMENDATION:  Authorize the issuance of a Purchase Order to Palm Springs Action Painting, in the amount of $30,060 for the repainting of the Indian Canyon Drive pedestrian bridge.

1.C. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2017:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of February 28, 2017.

1.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1920, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY:
RECOMMENDATION:  Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1920, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY.”

1.E. APPROVAL OF PARCEL MAP 36958:
RECOMMENDATION:  Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 36958 FOR PROPERTY LOCATED AT 
2732 NORTH CARDILLO AVENUE, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

1.F. FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150 RESIDENTIAL UNITS LOCATED NORTH OF SAN RAFAEL ROAD, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, (CASE 5.0982-PD 290 / TTM 31848):
RECOMMENDATION:  Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST BY FREEHOLD CAPITAL MANAGEMENT, LLC, FOR A ONE-YEAR EXTENSION OF TIME FROM MAY 5, 2017, TO MAY 5, 2018, FOR TTM 31848, A PREVIOUSLY APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,150 SINGLE-FAMILY, MULTI-FAMILY RESIDENTIAL UNITS AND AN AMENITY CENTER FACILITY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY; ZONE PD 290, SECTION 35.”

1.G. ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02:
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02.”

1.H. APPROVE A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR A FUNDING CONTRIBUTION OF $290,000, AND APPROVE A PURCHASE ORDER IN THE AMOUNT OF $56,336 WITH ALBERT A. WEBB ASSOCIATES FOR THE VISTA CHINO (STATE ROUTE 111) AT VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CP 17-03:
RECOMMENDATION:  
1) Approve a Cooperative Agreement for State Highway Operation & Protection Program (SHOPP) Minor Funds Contribution from the California Department of Transportation for an amount up to $290,000 for the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03.  A____.  
2) Approve a Purchase Order in the amount of $56,336 with 
Albert A. Webb Associates for design services related to the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03.  A6443.  
3) 3. Authorize the City Manager to execute all necessary documents.

1.I. AUTHORIZE AN INCREASE IN THE AMOUNT OF $24,900 TO PURCHASE ORDER NO. 16-1088 ISSUED TO ALBERT A. WEBB  ASSOCIATES FOR ENGINEERING DESIGN SERVICES FOR THE MEASURE J COMMUNITY HOT SPOTS PROJECTS, CP 15-31:
RECOMMENDATION:  
1) Authorize an increase in the amount of $24,900 to Purchase Order No. 16-1088 with Albert A. Webb Associates for a revised total amount of $212,800 for the Measure J Community Hot Spots Project, CP 15-31.  A6443.
2) Authorize the City Manager to execute all necessary documents.

1.J. APPROVAL OF THE FISCAL YEAR 2017-2018 CSA 152 SPECIAL ASSESSMENT RATE:
RECOMMENDATION:  Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2017-2018 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”

1.K. ACCEPT THE RESIGNATION OF COSIMO AIELLO FROM THE PARKS AND RECREATION COMMISSION:  
RECOMMENDATION:  
1) Accept with regret the resignation of Cosimo Aiello from the Parks and Recreation Commission.  
2) Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2017.  

EXCLUDED CONSENT CALENDAR:  Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:  None.

3. LEGISLATIVE:

3.A. INITIATE AND REFER TO THE PLANNING COMMISSION AN ORDINANCE RELATING TO THE CITY’S SIGN ORDINANCE AND EXTEND INTERIM URGENCY ORDINANCES 1893 AND 1912 IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS TO JULY 21, 2017:
RECOMMENDATION:  
1) Initiate and refer to the Planning Commission for review and comment, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10, AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION 12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CITY’S SIGN ORDINANCE.”
2) Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. ____, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO 
JULY 21, 2017.”  (4/5THS Vote Required).

3.B. INTERIM URGENCY ORDINANCE REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS:  
RECOMMENDATION:  Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. ____, 
“AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS.”  (4/5THS Vote Required).

4. UNFINISHED BUSINESS:  None.

5. NEW BUSINESS:

5.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT:
RECOMMENDATION:  
1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney.  A____.
2) Authorize the City Manager to execute all necessary documents.

5.B. AWARD A CONSTRUCTION CONTRACT TO AUDIO ASSOCIATES IN THE AMOUNT OF $1,288,256.93 FOR THE CITY COUNCIL CHAMBER AUDIO/VISUAL SYSTEM UPGRADE, CP 15-06:
RECOMMENDATION:  
1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES.”  
2) Award to an agreement to Audio Associates in the amount of $1,288,256.93, for the City Council Chamber Audio/Visual System Upgrade, CP 15-06.  A____.  
3) Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement, in the amount up to $50,000 for construction management and inspection services for the City Council Chamber Audio/Visual System Upgrade, CP 15-06.  A6686.  
4) Award to an agreement to Audio Associates in the amount of $1,288,256.93, for the City Council Chamber Audio/Visual System Upgrade, CP 15-06.  A____.  
5) Authorize the temporary relocation of all scheduled City Council, Board and Commission meetings to the Convention Center or alternate available location throughout the duration of construction.
Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $128,826.
6) Authorize the City Manager to execute all necessary documents.

5.C. DISCUSSION OF PUBLIC PARKING OPTIONS FOR THE DREAM HOTEL LOCATED AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:
RECOMMENDATION:  Provide direction to staff as appropriate.

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY’S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:
RECOMMENDATION:
1) Authorize the City Manager to release payments to Palm Springs Promenade, LLC, through the public improvement escrow account, for public improvements completed to the satisfaction of the City Engineer, and upon independent third-party verification of the completion of the public improvements, in accordance with the original Public Financing Agreement approved on September 7, 2011.
2) Find and reaffirm the additional improvements the City previously identified as necessary and/or appropriate as part of a change order process initially undertaken in November and December of 2014, are consistent with the current, adopted Specific Plan and are still necessary and appropriate, and authorize payment in an amount not exceed $3,060,582.40 for such improvements upon independent third-party verification of the completion of all of such public improvements.
3) Authorize the City Manager to execute a Subordination Agreement in a form approved by the City Attorney, allowing the City’s priority interest under the terms of the Performance Trust Deed to be subordinated in favor of a construction loan on Block B.
4) Authorize the City Manager to execute all necessary documents.

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:
RECOMMENDATION:  
1) Receive report from the City Council Downtown Palm Springs Park Ad Hoc Subcommittee (Councilmembers Mills and Roberts).
2) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project.
3) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services.  A____.  

5.F. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK MULTI-MODAL TRANSPORTATION PROJECT:
RECOMMENDATION:  Receive report from the City Council Coachella Valley CV Link Ad Hoc Subcommittee (Mayor Pro Tem Foat and Councilmember Mills).

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 AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make 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 Wednesday, April 19, 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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