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City Council Agenda and Staff Reports

March 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.

3:30 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:

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. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF FEBRUARY 2017:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2017.

1.B. 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 01-28-2017 BY WARRANTS NUMBERED 419813 THROUGH 419827 TOTALING $26,826.98, LIABILITY CHECKS NUMBERED 1090177 THROUGH 1090197 TOTALING $83,218.02, FIVE WIRE TRANSFERS FOR $57,699.67 AND THREE ELECTRONIC ACH DEBITS OF $1,331,287.93 IN THE AGGREGATE AMOUNT OF $1,499,031.60, 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 1090198 THROUGH 1090295 IN THE AGGREGATE AMOUNT OF $841,059.31, DRAWN ON BANK OF AMERICA.”
3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1090296 THROUGH 1090437 IN THE AGGREGATE AMOUNT OF $2,077,316.08, DRAWN ON BANK OF AMERICA.”
4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 02-11-2017 BY WARRANTS NUMBERED 419828 THROUGH 419840 TOTALING $19,746.01, LIABILITY CHECKS NUMBERED 1090438 THROUGH 1090459 TOTALING $83,414.26, FIVE WIRE TRANSFERS FOR $57,824.67, AND THREE ELECTRONIC ACH DEBITS OF $1,304,689.54 IN THE AGGREGATE AMOUNT OF $1,465,674.48, DRAWN ON BANK OF AMERICA.”

1.C. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2017:
RECOMMENDATION:  Receive and File the Treasurer’s Investment Report as of January 31, 2017.

1.D. LETTER FROM MISSION SPRINGS WATER DISTRICT (MSWD) REGARDING THE CONSTRUCTION OF WASTEWATER FACILITIES AND DEVELOPMENT OF COLLECTION FACILITIES IN THE I-10/INDIAN CANYON BUSINESS CORRIDOR:
RECOMMENDATION:  Receive and file the letter from Mission Springs Water District (MSWD) and/or direct staff as appropriate.

1.E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 125-126 (RACQUET CLUB COTTAGES WEST HD-3):
RECOMMENDATION:  
1) Approve a Mills Act Historic Property Preservation Agreement with Helen du Toit and the Racquet Club Garden Villas Homeowners Association, for 360 Cabrillo Road Unit 125-126 (HSPB 88 / HD-3).  A____.
2) Authorize the City Manager to execute the Agreement.
3) Direct the City Clerk to record the Agreement.

1.F. ACCEPTANCE OF MESQUITE AVENUE STREET IMPROVEMENTS, CP 12-01:
RECOMMENDATION:
1) Accept the public works improvements identified as the Mesquite Avenue Street Improvements as completed in accordance with the plans and specifications, CP 12-01.
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Mesquite Avenue Street Improvements, CP 12-01.  A6888.

1.G. SUNLIGHT PEAK LLC (DBA: “EPIC HOTEL”), FOR A CONDITIONAL USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD, ZONE R-3 (CASE 5.1404 CUP):
RECOMMENDATION:  Adopt Resolution No.____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1404 CUP, A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD.”

1.H. APPROVE ISSUANCE OF AN ENCROACHMENT LICENSE FOR INSTALLATION AND MAINTENANCE OF A GREASE INTERCEPTOR LOCATED AT 1551 N. PALM CANYON DR., ENGINEERING FILE NO. EL 16-03:
RECOMMENDATION:
1) Approve issuance of an Encroachment License to Palm Grove Group, LLC for the installation and maintenance of a grease interceptor and sample box to serve the Arrive Hotel located within City right-of-way at 1551 N. Palm Canyon Drive.  A____.
2) Authorize the City Manager to execute all necessary documents.

1.I. APPROVAL OF THE INCLUSION OF PROPERTIES WITHIN THE CITY OF PALM SPRINGS IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) OPEN PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM:
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY OF PALM SPRINGS IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF PALM SPRINGS; AND AUTHORIZING RELATED ACTIONS.”

1.J. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING MARCH 19, 2020:
RECOMMENDATION:  Appoint Jhan Schmitz, as the City of Indio representative, to the Palm Springs International Airport Commission for the term ending March 19, 2020.

1.K. APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. A5728 WITH ADVANCED, INC. DBA PROGREEN BUILDING MAINTENANCE FOR A FIVE (5) MONTH CONTRACT SERVICE EXTENSION FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
RECOMMENDATION:
1) Approve Amendment No. 4 to Agreement No. A5728 with Advanced Inc. DBA PROgreen Building Maintenance for janitorial services at various city owned facilities, for an additional five (5) month term extension not to exceed $108,949.64.
2) Authorize the City Manager to extend the current agreement for janitorial services for a period not to exceed 5 months, under the same terms and conditions, during the interim period.
3) Authorize the City Manager to execute all necessary documents.

1.L. ACCEPT THE RESIGNATION OF BONNIE RUTTAN FROM THE PUBLIC ARTS COMMISSION:
RECOMMENDATION
1) Accept with regret the resignation of Bonnie Ruttan from the Public Arts Commission.
2) Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2017.

1.M. APPROVE ADDITIONAL FUNDING FOR COUNSELING AND CRISIS INTERVENTION SERVICES WITH THE COUNSELING TEAM INTERNATIONAL FOR CRITICAL INCIDENTS:
RECOMMENDATION:
1) Approve an additional amount of $30,000 to provide ongoing professional crisis intervention services and aftercare counseling with The Counseling Team International.
2) Authorize the City Manager to execute all necessary documents.

1.N. REPEALING AND SETTING ASIDE APPROVAL OF RESOLUTION NO. 23415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN MODIFYING THE GENERAL PLAN'S TREATMENT OF RESIDENTIAL LAND USE DENSITIES:
RECOMMENDATION:  Adopt Resolution No. _________, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING AND OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NO. 23415 RELATING TO AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN REVISING RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING CLOSED RANGES.”

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

2. PUBLIC HEARINGS:

2.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2017–2018 ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION; AND AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE FISCAL YEAR 2017–2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 43rd PROGRAM YEAR; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SUBRECIPIENT AGREEMENTS:
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, APPROVING THE 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2017-2018; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT 
(GRANT # B-17-MC-06-0561) WITH HUD - IN THE AMOUNT OF $387,462 AND TO EXECUTE ALL SUBRECIPIENT AGREEMENTS.”

Desert AIDS Project – A6507
Emergency Preparedness Generator $77,000

Mizell Senior Center – A6392
Energy-Saving Patio Enclosure $52,350

City of Palm Springs Department of Public Works & Engineering –
Citywide ADA Curb Ramp and Sidewalk $88,983

City of Palm Springs Department of Public Works & Engineering –
Main Library Sidewalk $34,000

Fair Housing Council of Riverside, Inc. – A6510
Fair Housing Services $42,637

Senior Advocates of the Desert – A6667
Senior Emergency Assistance $15,000

2.B. CLASS 1 HISTORIC DESIGNATION FOR “THE ALBERT FREY BEL VISTA HOME,” LOCATED AT 1520 EAST TACHEVAH DRIVE AND CEQA DETERMINATION, HSPB 105 (ZONE R-1-C):
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, DESIGNATING THE RESIDENCE AT 1520 EAST TACHEVAH DRIVE (APN 507-124-008), “THE ALBERT FREY BEL VISTA HOME,” A CLASS 1 HISTORIC SITE, AND DETERMINE THE PROJECT AS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), HSPB 105 (ZONE R-1-C).”

2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1918 AMENDING AND RESTATING OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS:
RECOMMENDATION:
1) Open the public hearing and receive public testimony.
2) Waive the second reading of the ordinance text in its entirety and read by title only.
3) Adopt Ordinance No. 1918, "AN 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.”

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE (PSMC) REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY:
RECOMMENDATION:  Waive the reading of the ordinance text in its entirety, read by title only, and introduce for first reading Ordinance No. _____, “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.”

4. UNFINISHED BUSINESS:

4.A. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH PS RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL THREE YEARS:
RECOMMENDATION:
1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts for a three year term commencing December 1, 2016, through 
November 30, 2019.
2) Authorize the City Manager to execute all necessary documents.


4.B. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A6132 WITH MICHAEL FONTANA AND ASSOCIATES IN THE AMOUNT OF $50,000 FOR ON-CALL FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES:
RECOMMENDATION:
1) Approve Amendment No. 3 to Agreement No. A6132 increasing the contract amount by $50,000, for a total not to exceed $175,000, with Michael Fontana and Associates for On-Call Facility Construction Owner Representative Services.
2) Authorize the City Manager to execute all necessary documents.

5. NEW BUSINESS:

5.A. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:
RECOMMENDATION:  Direct the City Council Budget and Finance Subcommittee and City Staff as appropriate.

5.B. APPROVAL OF A PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD (UPRR) COMPANY FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CP 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017), UPRR FOLDER NO. 2816-73:
RECOMMENDATION:
1) Adopt Resolution No. ________, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PUBLIC HIGHWAY OVERPASS AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017), UPRR FOLDER NO. 2816-73.
2) Approve a Public Highway Overpass Crossing Agreement with Union Pacific Railroad Company in the amount of $72,600 for slope, footing, and temporary construction easements and the right to construct, reconstruct, maintain, and repair improvements associated with APN No. 
669-070-007 and APN No. 669-100-006.  A____.
3) Authorize reimbursements to Union Pacific Railroad Company for an estimated amount of $850,000 for work associated with the Project as per the Public Highway Overpass Crossing Agreement.
4) Authorize the City Manager to execute all necessary documents.

5.C. PURCHASE OF INTERNET FIREWALL SYSTEMS AND SECURITY EQUIPMENT:
RECOMMENDATION:
1) Approve the purchase of the Fortinet internet firewall systems and security equipment from CDW-G utilizing the National IPA Technology Solutions Cooperative Contract No. 130733 in the amount of $29,989.
2) Authorize the City Manager to execute all necessary documents.

5.D. INITIATION OF ANNEXATION NO. 16 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 16, MIRALON, TRACT MAP NO. 31848.”

5.E. DISCUSSION OF SCIP PUBLIC FINANCING FOR RESIDENTIAL DEVELOPMENTS:
RECOMMENDATION:  Direct staff as appropriate – proceed with issuing residential SCIP applications for new housing developments, or modify the October 1, 2014, SCIP Resolution restricting residential development applications or adding conditions.

5.F. APPROVAL OF AN AGREEMENT WITH GARY SCHONS TO PROVIDE SUPPLEMENTAL LEGAL SERVICES FOR THE CITY:
RECOMMENDATION:
1) Approve an Agreement with the law firm of Best, Best and Krieger to provide legal services for the City in an amount not to exceed $100,000.  A____.
2) Authorize the City Manager to execute all necessary documents.

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 5, 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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