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


Steve Pougnet, Mayor
Rick Hutcheson, Mayor Pro Tem
Ginny Foat, Councilmember
Paul Lewin, Councilmember
Chris Mills, Councilmember

City of Palm Springs Vision Statement: Palm Springs aspires to be a unique world class desert community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible, sustainable economic growth and to enhance our natural desert beauty. We are committed to providing responsive, friendly and efficient customer service in an environment that fosters unity among all our citizens.

David H. Ready, Esq., Ph.D., City Manager
James Thompson, Chief of Staff/City Clerk
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.

4:30 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: Boy Scout Troop 262.

INVOCATION: Rabbi Sally Olins, Temple Isaiah.

ROLL CALL:

PRESENTATIONS:

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. APPLICATION BY MICHAEL F. FLEMING AND LUIS A. LAVIN (OWNERS) IN COLLABORATION WITH THE PALM SPRINGS PRESERVATION FOUNDATION, REQUESTING CLASS 1 HISTORIC DESIGNATION FOR “THE PAUL DOUGHERTY RESIDENCE” A SINGLE FAMILY RESIDENCE LOCATED ON A HILLSIDE LOT AT 1860 VISTA DRIVE (HSPB 89):
Due to file size the staff report is in 4 separate parts below.
Part 1               Part 2             Part 3                  Part 4
 
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PAUL DOUGHERTY RESIDENCE AT 1860 VISTA DRIVE A CLASS 1 HISTORIC SITE AND APPROVING A CATEGORICAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

1.B. AMEND THE PALM SPRINGS ZONING CODE (PSZC) TO ALLOW RESTAURANTS IN HOTELS HAVING 20 ROOMS OR MORE IN THE R-3 ZONE WITH A CONDITIONAL USE PERMIT AND APPROVING A CEQA CATEGORICAL EXEMPTION (CASE 5.1334 ZTA):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce Ordinance No. ____,
“AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION D.16 OF SECTION 92.04.01 OF THE PALM SPRINGS MUNICIPAL CODE ALLOWING RESTAURANTS THAT ARE AN INTEGRAL PART OF HOTELS WITH AT LEAST 20 GUEST ROOMS IN THE R-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT.”
(CASE 5.1334 ZTA)

1.C. PROPOSED AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE SECTION 93.20.00 AND 93.20.03 AND ADD CHAPTER 5.81 REGARDING THE REGULATION OF ORIGINAL ART MURALS AND APPROVING A CEQA CATEGORICAL EXEMPTION (CASE 5.1335 ZTA):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.00 AND 93.20.03 OF, AND ADDING CHAPTER 5.81 TO, THE PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF ORIGINAL ART MURALS.”

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 May 7, 2014, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of April 16, 2014.

2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN BOWLING AREAS:
RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1851, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.74.041 OF, AND REPEALING EXCEPTION (5) OF SECTION 8.04.220 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION OF REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN BOWLING AREAS.”

2.D. APPROVE AN ADVERTISING CONTRACT WITH THE DESERT SUN FOR DISPLAY AND LEGAL ADVERTISING FROM APRIL 15, 2014, THROUGH MAY 15, 2015:
RECOMMENDATION: 1) Approve an Advertising Agreement with The Desert Sun for legal and display advertising for one-year ending
May 15, 2015; and 2) Authorize the City Manager to execute the Advertising Agreement. A5109.

2.E. ADOPT THE CITY’S INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS.”

2.F. TREASURER’S INVESTMENT REPORT AS OF MARCH 31, 2014:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of March 31, 2014.

2.G. APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF HISTORIC PRESERVATION TO ESTABLISH THE CITY AS A CERTIFIED LOCAL GOVERNMENT PURSUANT TO THE NATIONAL HISTORIC PRESERVATION ACT:
RECOMMENDATION: Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION AND CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM.” A____.

2.H. APPROVE A SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE AREAS PROGRAM GRANT WITH REGINALD HALL, MAMA OLA’S SOUL FOOD AT 410 SAN RAFAEL IN THE AMOUNT OF $25,000:
RECOMMENDATION: 1) Approve an Interior Remodel Grant Agreement with Reginald Hall, Mama Ola’s Soul Food at 410 San Rafael in the amount of $25,000; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. APPROVE A REIMBURSEMENT AGREEMENT FOR AMADO ROAD STREET IMPROVEMENTS:
RECOMMENDATION: 1) Approve a reimbursement agreement with SOL-PS, LLC for Amado Road Street Improvements in the amount of $31,966.56; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. APPROVE A BUDGET AMENDMENT FOR FISCAL YEAR 2013-14 VEHICLE PURCHASE:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2013-14 FOR THE PURCHASE OF REPLACEMENT VEHICLES;” and 2) Authorize the City Manager to execute all necessary documents.

2.K. APPROVE PARTICIPATION IN THE HOME CONSORTIUM WITH THE COUNTY OF RIVERSIDE AND AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT FOR THE HOME CONSORTIUM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE HOME CONSORTIUM WITH THE COUNTY OF RIVERSIDE AND AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT FOR THE HOME CONSORTIUM;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.L. APPROVE A SUB-REIMBURSEMENT AGREEMENT WITH CVAG FOR THE LOCAL SHARE OF COSTS FOR THE INTERSTATE 10 INTERCHANGE PROJECT AT JEFFERSON STREET:
RECOMMENDATION: 1) Approve a Sub-Reimbursement Agreement by and between CVAG, City of Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, City of Rancho Mirage, and the County of Riverside for the Interchange Project at I-10 and Jefferson Street; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.M. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL TRANSPORTATION PROGRAM FUNDING FOR THE SECTION 14 ROADWAY IMPROVEMENT PROJECT:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL TRANSPORTATION PROGRAM FUNDING FOR THE SECTION 14 ROADWAY IMPROVEMENT PROJECT." A____.

2.N. APPROVE AN AGREEMENT WITH PAVEMENT COATINGS CO. FOR THE 2014 PAVEMENT SLURRY SEAL PROJECT IN THE AMOUNT OF $609,903 (CP 14-03):
RECOMMENDATION: 1) Approve an agreement with Pavement Coatings Co. in the amount of $609,903 for the 2014 Pavement Slurry Seal (CP 14-03); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.O. APPROVE AN AGREEMENT WITH ADLERHORST INTERNATIONAL, INC. FOR THE PURCHASE OF POLICE CANINES, ACADEMY TRAINING, MONTHLY MAINTENANCE TRAINING, AND ANNUAL CERTIFICATION:
RECOMMENDATION: 1) Award a contract services agreement to Adlerhorst International Inc. for the as-needed acquisition of police canines, Basic Patrol and Basic Explosive K-9 Academy Training, monthly maintenance training, and annual certification training for the 5-member K-9 team for a three (3) year period with two one-year optional renewals; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.P. AGREEMENT FOR ASSIGNMENT OF GRANT FROM THE CITY TO THE PALM SPRINGS HISTORICAL SOCIETY FOR FUNDING OPERATING EXPENSES AT VILLAGE GREEN AND MCCALLUM ADOBE:
RECOMMENDATION: 1) Approve the Agreement for Assignment of Grant from the City to the Palm Springs Historical Society; and 2) Authorize the City Manager to execute the Agreement on behalf of the City. A____.

2.Q. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE RAMON ROAD WIDENING PROJECT BETWEEN SAN LUIS REY DRIVE AND LANDAU BOULEVARD (CP 08-25):
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 RAMON ROAD WIDENING PROJECT
(CP 08-25).”

2.R. AS SUCCESSOR AGENCY APPROVE TERMINATION OF A SUBLEASEHOLD INTEREST IN A 9.62 ACRE PORTION OF BUSINESS LEASE 315 (PSL 315) PURSUANT TO AN ORDER OF THE STATE CONTROLLER AND THE CALIFORNIA DEPARTMENT OF FINANCE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE TERMINATION OF A SUBLEASEHOLD INTEREST IN A 9.62 ACRE PORTION OF BUSINESS LEASE 315 (PSL 315) PURSUANT TO AN ORDER OF THE STATE CONTROLLER AND THE CALIFORNIA DEPARTMENT OF FINANCE.”

2.S. APPROVE A FOUR YEAR LEASE WITH YAMAHA GOLF CART COMPANY FOR CERTAIN ANCILLARY VEHICLES AT THE PALM SPRINGS TAHQUITZ CREEK MUNICIPAL GOLF COURSE:
RECOMMENDATION: 1) Approve a four (4) year lease with Yamaha Golf Cart Company in the amount of $602.20 per month plus taxes and fees for 2 beverage carts, 1 range picker, 1 shuttle, and 4 player assistant carts; and 2) Authorize the City Manager to execute all documents to effectuate the lease subject to review and approval by the City Attorney. A____.

2.T. AS SUCCESSOR AGENCY APPROVING THE SALE OF THE PRAIRIE SCHOONER PARKING LOT AND APPROVING THE SALE OF THE CONVENTION CENTER NORTH PARKING LOT TO THE CITY OF PALM SPRINGS, PURSUANT TO THE APPROVED LONG-RANGE PROPERTY MANAGEMENT PLAN:
RECOMMENDATION: 1) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SALE OF THE PRAIRIE SCHOONER PARKING LOT (PROPERTY 3, APN 508-055-007, 508-055-008, and 508-055-009) TO THE CITY OF PALM SPRINGS, PURSUANT TO THE APPROVED LONG-RANGE PROPERTY MANAGEMENT PLAN;” and 2) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SALE OF THE CONVENTION CENTER NORTH PARKING LOT (PROPERTY 4, APN 508-034-012, 508-034-013, 508-034-014) TO THE CITY OF PALM SPRINGS, PURSUANT TO THE APPROVED LONG-RANGE PROPERTY MANAGEMENT PLAN.”

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. AS SUCCESSOR AGENCY APPROVAL OF REFINANCING FORMER COMMUNITY REDEVELOPMENT AGENCY TAX ALLOCATION BONDS:
RECOMMENDATION: Adopt Resolution No. ____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY REQUESTING DIRECTION TO UNDERTAKE PROCEEDINGS FOR THE ISSUANCE OF 2014 SUBORDINATE TAX ALLOCATION REFUNDING BONDS TO REFUND CERTAIN OUTSTANDING OBLIGATIONS OF THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, APPROVING THE ISSUANCE OF SUCH REFUNDING BONDS AND THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND ESCROW AGREEMENTS AND PROVIDING OTHER MATTERS RELATING TO THE ISSUANCE OF THE REFUNDING BONDS.”

5. NEW BUSINESS:

5.A. APPROVE PLACEMENT OF THREE BIKE CORRALS IN UPTOWN AND DOWNTOWN:
RECOMMENDATION: Approve the construction of bicycle corral/bicycle parking structures at the Palm Canyon Theater North Parking area, on Palm Canyon’s west side in front of the Village Green, and on the east side of Palm Canyon in front of the Welwood Murray Library

5.B. DISCUSSION OF COMMERCIAL PARKING REQUIREMENTS:
RECOMMENDATION: Direct staff as appropriate.

5.C. DISCUSS WATER CONSERVATION ISSUES:
RECOMMENDATION: Direct staff and the Sustainability Commission as appropriate.

5.D. PROPOSED RESOLUTION AMENDING THE COMPREHENSIVE FEE SCHEDULE TO MODIFY USER FEES FOR VILLAGEFEST:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR VILLAGEFEST AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED.”

5.E. PROPOSED RESOLUTION MODIFYING RECREATION DAY CARE PROGRAM FEES "FOR KIDS ONLY" (FKO), "TINY TOTS" AND "SUMMER CAMP" PROGRAMS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR CERTAIN RECREATION DAY CARE PROGRAMS (FOR KIDS ONLY, TINY TOTS, AND SUMMER CAMP) AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED.”

5.F. TRANSMITTAL OF THE FISCAL YEAR 2014-15 BUDGET FOR ENTERPRISE FUNDS, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS, AND INTERNAL SERVICE FUNDS, AND CONTINUED DISCUSSION OF THE GENERAL FUND AND OF A MULTI-YEAR STRATEGIC ACTION PLAN FOR CITY CAPITAL IMPROVEMENTS AND QUALITY OF LIFE ENHANCEMENTS RELATED TO MEASURE J FUNDING:
RECOMMENDATION: Direct staff as 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, May 21, 2014, 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.