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City Council Meeting Agenda and Staff Reports

February 15, 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:  

ROLL CALL:

PRESENTATIONS:
Presentation of the Fiscal Year 2015-16 Financial Audit by Lance Soll and Lunghard LLP, the City’s independent auditors.    

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 25, 2017, and January 18, 2017.

1.B.    STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2017:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2017.

1.C.    APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:  
1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 12-03-2016 BY WARRANTS NUMBERED 419750 THROUGH 419764 TOTALING $40,144.58, LIABILITY CHECKS NUMBERED 1089189 THROUGH 1089209 TOTALING $85,087.89, FIVE WIRE TRANSFERS FOR $82,056.87, AND THREE ELECTRONIC ACH DEBITS OF $1,747,598.30 IN THE AGGREGATE AMOUNT OF $1,954,887.64, DRAWN ON BANK OF AMERICA.”
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1089210 THROUGH 1089310 IN THE AGGREGATE AMOUNT OF $898,601.90, DRAWN ON BANK OF AMERICA.”
3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1089311 THROUGH 1089476 IN THE AGGREGATE AMOUNT OF $2,189,266.00, DRAWN ON BANK OF AMERICA.”
4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 12-17-2016 BY WARRANTS NUMBERED 419765 THROUGH 419780 TOTALING $22,862.98, LIABILITY CHECKS NUMBERED 1089477 THROUGH 1089497 TOTALING $84,683.29, FIVE WIRE TRANSFERS FOR $85,312.93, AND THREE ELECTRONIC ACH DEBITS OF $1,439,738.84 IN THE AGGREGATE AMOUNT OF $1,632,598.04, DRAWN ON BANK OF AMERICA.”
5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1089498 THROUGH 1089650 IN THE AGGREGATE AMOUNT OF $3,081,014.68, DRAWN ON BANK OF AMERICA.”
6) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1089651 THROUGH 1089742 IN THE AGGREGATE AMOUNT OF $1,299,165.26, DRAWN ON BANK OF AMERICA.”

1.D.    TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2016:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of December 31, 2016.

1.E.    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:
RECOMMENDATION:  
Adopt Resolution No. ______, “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.”

1.F.    ACCEPTANCE OF THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT, CP 14-18:
RECOMMENDATION:
1) Accept the public works improvement identified as the James O. Jessie Desert Highland Unity Center Outdoor Performance Stage and Outdoor Ball Field Lighting Project as completed in accordance with the plans and specifications, CP 14-18.
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the James O. Jessie Desert Highland Unity Center Outdoor Performance Stage and Outdoor Ball Field Lighting Project.

1.G.    PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS QUARTERLY REPORT:
RECOMMENDATION: Receive and file the second quarterly report from Coachella Valley Economic Partnership (CVEP) for the Palm Springs Innovation Hub (iHub) for the period of October 1 through
December 31, 2016.

1.H.    AWARD A CONSTRUCTION CONTRACT TO RUIZ CONCRETE & PAVING, INC. IN THE AMOUNT OF $122,452.80 FOR THE ADA CURB RAMPS PROJECT, CP 16-09:
RECOMMENDATION:
1) Award a construction contract to Ruiz Concrete & Paving, Inc., in the amount of $122,452.80 for the ADA Curb Ramps Project, CP 16-09.  A____.
2) Authorize the City Manager to execute all necessary documents.  

1.I.    MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 232-233 (RACQUET CLUB COTTAGES WEST HD-3, HSPB 88):
RECOMMENDATION:
1) Approve a Mills Act Historic Property Preservation Agreement with Aaron Winer, Kimberly Pape and the Racquet Club Garden Villas Homeowners Association for 360 Cabrillo Road Units 232-233 (HSPB 88 / HD-3).  A____.
2) Authorize the City Manager to execute the Agreement.
3) Direct the City Clerk to record the Agreement.   

1.J.    REPORT OF EMERGENCY ROAD CLEANUP AND REPAIRS DUE TO JANUARY 2017 FLOODING PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040.:
RECOMMENDATION:
1) Receive and file the report on emergency road cleanup and repairs.
2) 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 EMERGENCY ROAD CLEANUP AND REPAIRS.”
    
1.K.    AUTHORIZE AN INCREASE IN THE AMOUNT OF $26,422 TO PURCHASE ORDER 17-0728 ISSUED TO WILLDAN ENGINEERING FOR THE FIRE STATION NO. 4 REHABILITATION, CP 15-25:
RECOMMENDATION:
1) Authorize an increase in the amount of $26,422 to Purchase Order
17-0728 with Willdan Engineering for a revised total amount of $34,662 for the Fire Station No. 4 Rehabilitation, CP 15-25.
2) Authorize the City Manager to execute all necessary documents.
    
1.L.    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 EAST VERONA ROAD AND WEST OF WHITEWATER RIVER:    
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING 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 (CASE 5.1035 / TTM 33282).”

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

2.    PUBLIC HEARINGS:

2.A.    PALM SPRINGS MODERN CONSTRUCTION, FOR A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT 5.1395-PDD 383 / MAJOR ARCHITECTURAL APPLICATION 3.3963 MAJ / TENTATIVE TRACT MAP 37210 FOR THE CONSTRUCTION OF A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A MITIGATED NEGATIVE DECLARATION:          Final Initial Study and Mitigated Negative Declaration
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, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE (CASES 5.1395 PDD-383/ 3.3963 MAJ / TTM 37210 / ZONE R-3) .”
3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD-383) AS REQUIRED BY THE GENERAL PLAN LAND USE DESIGNATION OF TOURIST RESORT COMMERCIAL FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE.”
4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE.”
5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE.”

2.B.    WLA INVESTMENTS, INC. REQUESTING A CHANGE OF ZONE FOR AN EXISTING DEVELOPMENT KNOWN AS THE NORTH VILLAGE CENTER LOCATED AT 19345–19465 NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A NEGATIVE DECLARATION, ZONE HC, SECTION 15:
RECOMMENDATION:
1) Open the public hearing and receive public testimony.
2) Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-ZC).”

2.C.    PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA):
RECOMMENDATION:
1) Open the public hearing and receive public testimony.
2) Waive the reading of the text and introduce for first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY.”

3.    LEGISLATIVE:

3.A.    ORDINANCE NO. 1907 REFERENDUM PETITION RELATING TO VACATION RENTALS:
RECOMMENDATION:
1) Receive and file the attached Certificate of Sufficiency for a petition titled “Referendum Against an Ordinance Passed by the City Council – Ordinance No. 1907.”
2) Direct staff to prepare necessary documents for further consideration of the City Council.

3.B.    RESCIND ORDINANCE NO. 1907, ADOPT INTERIM URGENCY ORDINANCE RELATING TO VACATION RENTALS (4/5THS VOTE REQUIRED), AND INTRODUCE AN ORDINANCE RELATING TO VACATION RENTALS:
RECOMMENDATION:
1) Adopt attached Ordinance rescinding Ordinance No. 1907.
2) Adopt Urgency Ordinance No. _____, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS (4/5ths Vote Required).”
3) Introduce and refer to the Planning Commission for review and comment, Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS.”

4.    UNFINISHED BUSINESS: None.

5.    NEW BUSINESS:

5.A.    FISCAL YEAR 2015-16 AUDIT REPORTS BY THE CITY’S INDEPENDENT AUDITORS:
RECOMMENDATION: Receive and file the Fiscal Year 2015-16 Audit Reports prepared by the City's independent auditors.

5.B.    CONSIDERATION OF REGULATIONS LIMITING THE USE OF GASOLINE POWERED LEAF BLOWERS:
RECOMMENDATION: Provide direction to staff as appropriate.

5.C.    ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY, O-5 (OPEN LAND) ZONE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY
(CASE 5.1406).”

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 Wednesday, March 1, 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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