CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Robert Moon, Mayor
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Geoff Kors, 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
James Thompson, Chief of Staff/City Clerk
Marcus Fuller, Assistant City Manager/City Engineer
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and Treasurer

Any person who wishes to speak regarding an item on the agenda or on a subject 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.  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.

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.

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way.  Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk.  Agenda and staff reports are available on the City’s website www.palmspringsca.gov.  If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.

Please note, any agenda item which has not been initiated by 10:00 P.M. may be continued to a subsequent meeting.

City Council meetings are webcast live on the City’s website www.palmspringsca.gov and cablecast live on PSCTV Channel 17 and 26.103.  Meetings are re-broadcast (following the meeting) on Thursday at 8:00 P.M., Saturday at 1:30 P.M. and Tuesday at 7:00 P.M.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects.  If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner.  Please contact the Office of the City Clerk, 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

4:00 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.

INVOCATION:  Rabbi Sally Olins, Rabi America Temple Isaiah. 

ROLL CALL:

PRESENTATIONS: 
Presentation of the Fiscal Year 2014-15 Financial Audit by Lance Soll and Lunghard LLP, the City’s independent auditors.   

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.

1.    PUBLIC HEARINGS:

1.A.    ROBERT HERSCU OF SOUTH PALM CANYON, LLC, APPEALING THE DECEMBER 9, 2015, DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED MIXED-USE PLANNED DEVELOPMENT DISTRICT CONSISTING OF 125 CONDOMINIUM UNITS AND APPROXIMATELY 39,000-SQUARE FEET OF COMMERCIAL RETAIL SPACE ON A 2.67-ACRE SITE LOCATED AT 440-490 SOUTH PALM CANYON DRIVE (PDD 311):
                                          February 3, 2016, Staff Report  
RECOMMENDATION: 1) Public Testimony was closed on February 3, 2016; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION TO DENY A REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED MIXED-USE PLANNED DEVELOPMENT DISTRICT CONSISTING OF 125 CONDOMINIUM UNITS AND APPROXIMATELY 39,000-SQUARE FEET OF COMMERCIAL RETAIL SPACE ON A 2.67-ACRE SITE LOCATED AT 440-490 SOUTH PALM CANYON DRIVE, ZONE CBD (PDD 311).”

1.B.    CONSIDERATION OF THE VACATION OF PORTIONS OF CAMINO PAROCELA RIGHT-OF-WAY AT THE END OF FERN CANYON DRIVE, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE R 15-13):  
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CAMINO PAROCELA LOCATED ON THE EAST AND WEST SIDES OF FERN CANYON DRIVE, IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 14-26, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

PUBLIC COMMENT:  This time has been set aside for members of the public to address the City Council on Consent Calendar and other agenda items; and 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.  Three (3) minutes assigned for each speaker.  Testimony for Public Hearings will only be taken at the time of the hearing.

COUNCILMEMBER COMMENTS: This portion of the meeting is set aside for brief general comments, and/or other issues of concern from members of the City Council. 

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.

2.    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.

2.A.    REPORT ON THE POSTING OF THE AGENDA:
RECOMMENDATION:  Receive and file Report on the Posting of the February 17, 2016, City Council Agenda.

2.B.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 29, 2016, and February 2, 2016.

2.C.    APPOINT MICHAEL JOHNSTON TO THE PLANNING COMMISSION EFFECTIVE JULY 1, 2016, FOR THE TERM ENDING JUNE 30, 2019:
RECOMMENDATION:  Appoint Michael Johnston to the Planning Commission effective July 1, 2016, for the term ending June 30, 2019.

2.D.    STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2016:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through 31, 2016. 

2.E.    FISCAL YEAR 2014-15 AUDIT REPORTS BY THE CITY’S INDEPENDENT AUDITORS:
RECOMMENDATION: Receive and file the Fiscal Year 2014-15 Audit Reports prepared by the City's independent auditors.

2.F.    PURCHASE A NETWORK SERVER AND ASSOCIATED SOFTWARE FROM DELL INC. IN THE AMOUNT OF $26,102.96: 
RECOMMENDATION:  1) Approve the purchase of a new PowerEdge R730 Server and associated software from Dell Inc. utilizing the national cooperative NASPO ValuePoint agreement #WN03AGW in the amount of $26,102.96; and 2) Authorize the City Manager to execute all necessary documents. 

2.G.    APPOINTMENT TO THE SUSTAINABILITY COMMISSION: 
RECOMMENDATION:  Appoint Robert McCann to the Sustainability Commission for the term ending June 30, 2019. 

2.H.    APPOINTMENTS TO THE PARKS & RECREATION COMMISSION: 
RECOMMENDATION:  1) Appoint Trae Daniel to the Parks & Recreation Commission for the unexpired term ending June 30, 2017; 2) Appoint Les Young to the Parks & Recreation Commission for the unexpired term ending June 30, 2018; 3) Appoint Alan Bowley to the Parks & Recreation Commission for the term expiring June 30, 2019; and 4) Appoint Travis Armstrong to the Parks & Recreation Commission for the term commencing July 1, 2016, and ending June 30, 2019. 

2.I.    CONSULTING SERVICES AGREEMENT WITH THE PALM SPRINGS CHAMBER OF COMMERCE IN THE AMOUNT OF $32,800 FOR A BUSINESS OUTREACH PROGRAM: 
RECOMMENDATION: 1) Approve an agreement in the amount of $32,800 with the Palm Springs Chamber of Commerce to implement a Business Outreach Program and a quarterly community newsletter; and 2) Authorize the City Manager to execute all necessary documents.  A6228. 

2.J.    APPROVAL OF AB 2766/MSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT NO. ML16038 IN THE AMOUNT OF $495,000 WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) FOR BIKE LANE INSTALLATION AND PURCHASE OF HEAVY DUTY COMPRESSED NATURAL GAS (CNG) FUELED VEHICLES: 
RECOMMENDATION:  1) Approve AB 2766 / MSRC Local Government Match Program Contract No. ML16038 with South Coast Air Quality Management District, in the amount of $495,000 ($230,000 AQMD Discretionary Funds Grant / $100,000 City’s AB2766 Subvention Funds / $165,000 Local Funding) for purchase of four (4) CNG heavy duty vehicles and installation of bike lanes; 2) Authorize Procurement to conduct the appropriate bid processes, or utilize cooperative purchase contracts if available, in accordance with the Procurement Ordinance and authorize the City Manager to execute all necessary documents, including all purchase orders, as necessary to purchase the four (4) CNG heavy duty vehicles; and 3) Authorize the City Manager to execute all necessary documents.  A____. 

2.K.    APPROVAL OF 2-HOUR TIME LIMITED PARKING ON THE EAST PALM CANYON DRIVE FRONTAGE ROAD ADJACENT TO THE CANYON SANDS CONDOMINIUM DEVELOPMENT (LINDEN WAY TO GENE AUTRY TRAIL): 
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A 2-HOUR TIME LIMITED PARKING ZONE FROM 8:00 A.M. TO 6:00 P.M. INCLUDING SATURDAYS AND SUNDAYS ON THE 4300 BLOCK OF THE EAST PALM CANYON DRIVE FRONTAGE ROAD ADJACENT TO THE CANYON SANDS CONDOMINIUM DEVELOPMENT.”

2.L.    APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE HERMOSA DRIVE STREET AND STORM DRAINAGE IMPROVEMENTS, FEDERAL PROJECT PLHDL06-5282 (032) & HPLUL-5282 (033), CITY PROJECT NO. 09-04: 
RECOMMENDATION:  1) Approve the plans, specifications and estimate for the Hermosa Drive Street and Storm Drainage Improvements Project; and 2) Authorize staff to advertise and solicit bids for the Hermosa Drive Street and Storm Drainage Improvements Project, Federal Project PLHDL06-5282 (032) & HPLUL-5282 (033), City Project No. 09-04.
   
2.M.    LEASE EXTENSION OPTION WITH THE COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT A CITY OWNED BUILDING AT 3111 E. TAHQUITZ CANYON WAY: 
RECOMMENDATION: 1) Approve Lease Amendment No 1, Extension Option, with the Coachella Valley Economic Partnership for the property at 3111 E. Tahquitz Canyon Way; and 2) Authorize the City Manager to execute all necessary documents. A6037. 

2.N.    APPROVAL OF A BLANKET PURCHASE ORDER IN THE AMOUNT OF $100,000 WITH INTERWEST CONSULTING GROUP, INC. FOR ON-CALL PROJECT MANAGEMENT AND ENGINEERING COORDINATION ON VARIOUS PUBLIC WORKS PROJECTS:  
RECOMMENDATION: 1) Authorize the issuance of a blanket purchase order in the amount of $100,000 with Interwest Consulting Group, Inc., pursuant to on-call agreement for Public Works capital project construction management and inspection services; and 2) Authorize the City Manager to execute all necessary documents.  A6686. 

2.O.    2016 STRATEGIC PLANNING SESSION, MISSION STATEMENT, THREE YEAR GOALS, AND SIX MONTH OBJECTIVES: 
RECOMMENDATION: Receive and file the Strategic Planning Record.

2.P.    CONSIDERATION OF THE SUMMARY VACATION OF A PUBLIC UTILITY AND SEWER EASEMENT OVER LOT “I” OF TRACT MAP 32233-5 AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) LOCATED IN THE ESCENA DEVELOPMENT (FILE R 15-13): 
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF AN EASEMENT FOR PUBLIC UTILITY AND SEWER PURPOSES OVER LOT “I” OF TRACT MAP 32233-5, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE R 15-13).” 

2.Q.    AMENDMENT NO. 1 TO THE TROLLEY SERVICES OPERATOR AGREEMENT WITH MV TRANSPORTATION INC: 
RECOMMENDATION:  1) Approve Amendment No. 1 to Agreement No. A6564, with MV Transportation, Inc. for Trolley Services Operation, authorizing the City Manager to increase hours of operation of the BUZZ trolley insofar as costs for such services are included in the fiscal year budget approved by the City Council; and 2) Authorize the City Manager to execute all necessary documents.  A6564. 

2.R.    APPROVE AND AUTHORIZE SUBMITTAL OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FORM CAL OES 130 DESIGNATING PERSONNEL TO ACT AS THE AGENT FOR THE CITY WHEN SEEKING FINANCIAL ASSISTANCE AFTER A DISASTER:
RECOMMENDATION:  1) Approve the Form 130 Disaster Designees as the City Manager/Director of Emergency Services, Fire Chief, and Director of Finance and Treasury; and 2) Direct the City Clerk to certify and transmit CalOES Form 130 to the California Office of Emergency Services.  

2.S.    APPROVE AMENDMENT NO. 4 TO THE CONTRACT SERVICES AGREEMENT WITH DOKKEN ENGINEERING IN THE AMOUNT OF $35,000 FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT, CITY PROJECT NO. 07-03, FEDERAL AID PROJECT NO. BHLS 5282 (026): 
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. 5580 with Dokken Engineering, in the amount of $35,000, for a total contract amount of $873,985 for the Bogert Trail Bridge Rehabilitation Project, City Project No. 07-03, Federal Aid Project No. BHLS 5282 (026); and 2) Authorize the City Manager to execute all necessary documents.  A5580.

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

3.    LEGISLATIVE:  None. 

4.    UNFINISHED BUSINESS:

4.A.    REPORT ON THE PLANNING COMMISSION’S RECOMMENDATION FOR APPROVAL OF A STREET NAME CHANGE APPLICATION FROM CROSSLEY ROAD AND GOLF CLUB DRIVE TO LAWRENCE CROSSLEY ROAD BETWEEN EAST RAMON ROAD AND EAST PALM CANYON DRIVE (CASE 5.1376 SNC): 
RECOMMENDATION:  Direct staff as appropriate.

4.B.    CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PARK/EVENT CENTER: 
RECOMMENDATION:  Direct the subcommittee and Staff as deemed appropriate. 

5.    NEW BUSINESS:

5.A.    REQUEST BY AI CALIFORNIA, LLC FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE (TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR OFF-SITE CONSUMPTION AT A PROPOSED GROCERY STORE LOCATED AT 5200 EAST RAMON ROAD (CASE 5.0984 PCN): 
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE (TYPE 20 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 5200 EAST RAMON ROAD, WITHIN CENSUS TRACT 0447.02.”

5.B.    MID-YEAR FISCAL YEAR 2015-16 BUDGET UPDATE:
RECOMMENDATION:  Direct staff as appropriate.

5.C.    APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE INFORMATION TECHNOLOGY AD HOC SUBCOMMITTEE: 
RECOMMENDATION:  Appoint two-members of the City Council to the Information Technology ad hoc City Council Subcommittee. 

5.D.    PRELIMINARY DISCUSSION ON CITY ATTORNEY SERVICES: 
RECOMMENDATION:  Direct staff as deemed appropriate. 

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Additional general comments, reports, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time.

ADJOURNMENT:  The City Council will adjourn to Wednesday, March 2, 2016, 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.