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REVISED
CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
Palm Springs Convention Center
Smoketree A-C (see map included)
277 N. Avenida Caballeros, Palm Springs, CA 92262

www.palmspringsca.gov
AGENDA
(This agenda includes an additional Closed Session “Conference with Labor Negotiator” Item,
and the Closed Session start time moved up to 4:00 p.m.)
            
           July 18, 2018          
 
                          
4:00 PM CLOSED SESSION
6:00 PM REGULAR MEETING
Robert Moon, Mayor
J. R. Roberts, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Lisa Middleton, 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
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager 
Edward Z. Kotkin, City Attorney
Marla L. Pendleton, CPA, Interim 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.

 
The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to CITY.CLERK@palmspringsca.gov, by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.
 
             
 
4:00 P.M. CLOSED SESSION
 
CALL TO ORDER (Mesquite G):
 
PUBLIC COMMENT (Mesquite G): 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 (Mesquite G): See Closed Session Agenda.
 
 
6:00 P.M. REGULAR MEETING
 
CALL TO ORDER (Smoketree A-C):
 
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, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. 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.
 
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.
 
A.   RESOLUTION RECOGNIZING AND PROCLAIMING THE FOURTH FRIDAY OF SEPTEMBER TO BE NATIVE AMERICAN DAY IN THE CITY OF PALM SPRINGS:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOGNIZING AND PROCLAIMING ANNUALLY THE 4TH FRIDAY IN SEPTEMBER TO BE NATIVE AMERICAN DAY IN THE CITY OF PALM SPRINGS.”
 
B.   APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION FOR THE TERMS ENDING JUNE 30, 2021: 
RECOMMENDATION:
Appoint David Cohan, Charles LaMorte and Carolina De La Torre to the Parks and Recreation Commission for the terms ending June 30, 2021.
 
C.   INITIATION OF ANNEXATION NO. 19 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
RECOMMENDATION:
Adopt a Resolution entitled “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. 19, DREAM HOTEL, TRACT MAP NO. 35236.”
 
D.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JUNE 2018:
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2018.
 
E.   RATIFY AND APPOINT THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2021:
RECOMMENDATION:
Appoint Richard Altman, as the City of Cathedral City representative to the Palm Springs International Airport Commission, for the term ending June 30, 2021.
 
F.   AUTHORIZE AN ADDITIONAL $25,000 BUDGET FROM THE WASTEWATER FUND FOR VEHICLE PURCHASE PURSUANT TO AGREEMENT NO. A6804 WITH VEOLIA WATER WEST OPERATING SERVICES, INC:  
RECOMMENDATION:
Authorize the purchase of new vehicles as identified on Schedule S of Agreement No. A6804, in amounts not to exceed the estimated total cost of $1,525,000 over the initial 5-year term subject to the annual budget adopted by the City Council in the Wastewater Fund for motor vehicles in Account No. 420-6800-50020, and authorize staff to conduct the appropriate bid processes, or utilize cooperative purchase contracts if available, in accordance with Procurement procedures and authorize the City Manager to execute all necessary documents, including all Purchase Orders for the approved vehicles.
 
G.   AUTHORIZE A PURCHASE ORDER WITH INTERWEST CONSULTING GROUP, INC. TO PROVIDE INTERIM BUILDING OFFICIAL SERVICES:
RECOMMENDATION:
  1. Authorize the issuance of a Purchase Order in the amount $86,400 to Interwest Consulting Group, Inc., for professional Building Official Services through December 31, 2018. A6686.
  2. Authorize the City Manager to execute all necessary documents.
 
H.   ACCEPTANCE OF THE NORTH PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS CROSSWALK INSTALLATIONS, CP 16-13:
RECOMMENDATION:
  1. Accept the public works improvement identified as the North Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations Project as completed in accordance with the plans and specifications, CP 16-13. A7004.
  2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the North Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations Project, CP 16-13. 
 
I.   TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2018:
RECOMMENDATION:
Receive and File the Treasurer’s Investment Report as of June 30, 2018.
 
J.   APPROVAL OF A LONG TERM LEASE WITH DTPS C-15, LLC, FOR PUBLIC RESTROOMS LOCATED WITHIN THE COMMERCIAL BUILDING ON BLOCK C OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN:
RECOMMENDATION:
  1. Approve a Public Restroom Lease with DTPS C-15, LLC, a California limited liability company, for public restrooms located within the commercial building located on Block C of the Downtown Palm Springs Specific Plan, at an annual lease rate of $1, for a term of 5 years, with ten additional 5-year optional extensions at the City’s sole discretion, and subject to other terms and conditions as noted within the lease agreement. A____.
  2. Authorize the City Attorney to modify the Public Restroom Lease in final form consistent with the general terms and conditions approved by the City Council.
  3. Authorize the City Manager or designee to take all actions needed to execute these actions.
 
K.   ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF PALM SPRINGS TO SUBMIT AN APPLICATION FOR AND ACCEPT CLEAN TRANSPORTATION FUNDING FROM THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE’S 2017 LOCAL GOVERNMENT PARTNERSHIP PROGRAM:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE LOCAL GOVERNMENT PARTNERSHIP PROGRAM FUNDS AND THE ALLOCATION OF LOCAL FUNDS FOR THE PURCHASE AND INSTALLATION OF ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.”
 
L.   PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS QUARTERLY REPORT FOR APRIL 1, 2018 TO JUNE 30, 2018:
RECOMMENDATION:
Receive and file the quarterly report from the Coachella Valley Economic Partnership for the Palm Springs Innovation Hub for the period of April 1, 2018, to June 30, 2018.
 
 
M.   APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC., A CALIFORNIA CORPORATION, IN AN AMOUNT NOT TO EXCEED $90,000 FOR GRAFFITI ABATEMENT SERVICES CITY-WIDE:
RECOMMENDATION:  
  1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” award a Contract Services Agreement to Graffiti Protective Coatings, Inc., a California corporation, in an amount not to exceed $90,000 for a one year term, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the City of Burbank Agreement No. 2043. 
  2. Authorize the City Manager to execute all necessary documents.
 
N.   AUTHORIZE REQUEST FOR PROPOSALS FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT, AND ADOPT A RESOLUTION ESTABLISHING MAXIMUM RATES AND THE VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE (VTACR):
RECOMMENDATION:
  1. Authorize staff to advertise and solicit bids for as-needed vehicle towing and storage services for the Palm Springs Police Department.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REQUEST FOR PROPOSALS/QUALIFICATIONS FOR THE ROTATIONAL TOW PROGRAM, AUTHORIZING STAFF TO ADVERTISE AND SOLICIT RESPONSES, AND APPROVING MAXIMUM RATES THAT TOW SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM SPRINGS POLICE DEPARTMENT.”
 
O.   APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS FOR LEGAL COUNSEL, (1) COLANTUONO, HIGHSMITH & WHATLEY AND (2) CLYDE & COMPANY:
RECOMMENDATION:
  1. Approve Amendment No. 1 to Professional Services Agreement No. A6994 with Colantuono, Highsmith & Whatley, Professional Corporation for specialized municipal legal services, in a total amount not to exceed fifty thousand dollars ($50,000.00). 
  2. Approve Amendment No. 1 to Professional Services Agreement No. A6990 with Clyde & Co. US, LLP, for legal services related to the South Coast Air Quality Management District and operation of the City’s municipal co-generation plant, in a total amount not to exceed fifty thousand dollars ($50,000.00). 
  3. Authorize the City Manager to execute all necessary documents.
 
P.   APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT WITH SLOAN VAZQUEZ McAFEE:
RECOMMENDATION:
  1. Approve Amendment No. 1 to the Consulting Services Agreement with Sloan Vazquez McAfee, ATTACHMENT A in substantially the form attached, subject to minor revision by the City Attorney. A7165. 
  2. Authorize the City Manager to execute all necessary documents.
 
Q.   APPROVE AMENDMENT NO. 8 TO CONSULTING SERVICES AGREEMENT FOR PROPERTY AND LIABILITY THIRD-PARTY ADMINISTRATOR SERVICES:
RECOMMENDATION:
  1. Approve Amendment No. 8 to Consulting Services Agreement for Property and Liability Third-Party Administrative Services, in a form substantially similar to ATTACHMENT A, in an amount not to exceed $68,750. A5862.
  2. Authorize the City Manager to execute all necessary documents. 
 
R.   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE TIME FOR THE CHOICE OF OFFICERS SERVING BOARDS AND COMMISSIONS TO A DATE CONCURRENT WITH THE COMMENCEMENT OF NEW TERMS:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE TIME FOR THE CHOICE OF OFFICERS SERVING BOARDS AND COMMISSIONS TO A DATE CONCURRENT WITH THE COMMENCEMENT OF NEW TERMS” (ATTACHMENT A).
 
S.   AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $69,200 WITH JAMES CIOFFI ARCHITECT, A CALIFORNIA CORPORATION, FOR ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE PALM SPRINGS INTERNATIONAL AIRPORT: 
RECOMMENDATION:
  1. Authorize a Purchase Order in the amount of $69,200 with the City’s “on-call” architectural firm, James Cioffi Architect, a California corporation, pursuant to Agreement No. A6781, for architectural design services related to the Palm Springs International Airport.
  2. Authorize the City Manager to execute all necessary documents.
 
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS: None.
 
3.   LEGISLATIVE: None.
 
4.   UNFINISHED BUSINESS:
 
A.   REVIEW AND ALLOCATE FISCAL YEAR 2018-19 SPONSORSHIP AND PROGRAM FUNDING GRANTS AND CITY SPONSORED SPECIAL EVENTS:
RECOMMENDATION:
  1. Award Fiscal Year 2018-19 Sponsorship and/or Program Funding Grant requests from General Fund budget of $767,500 allocated for this purpose. 
  2. Authorize the City Manager or his designee to execute Sponsorship and Program Fund Grant Agreements, subject to approval by the City Attorney as to form.
 
B.   DISCUSSION OF PROPOSAL FROM SUNLINE TRANSIT AGENCY TO ASSUME OPERATION AND MANAGEMENT OF THE BUZZ TROLLEY:
RECOMMENDATION:
Direct Staff as appropriate.
 
5.   NEW BUSINESS:
 
A.   APPROVAL OF AGREEMENT TO USE FACILITIES WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO OPERATE THE SUNRISE STATE PRESCHOOL PROGRAM:
RECOMMENDATION:
  1. Approve Agreement to Use Facilities No. C-0003393, a cooperative use agreement with Palm Springs Unified School District (PSUSD), to provide "Early Childhood Education" programming at the City's Leisure Center, whereby PSUSD would operate the Sunrise State Preschool, a California State Preschool Program (CSPP) for a term of one (1) year commencing on July 23, 2018, in a form substantially similar to that provided herewith, subject to final approval of the City Attorney. 
  2. Authorize the City Manager to execute all necessary documents.
 
B.   APPROVAL OF AGREEMENT WITH ACTION PARK ALLIANCE FOR OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK:
RECOMMENDATION:
  1. Approve an Operation and Management Agreement with Action Park Alliance, Inc., a California Corporation, for the Operation and Management of the Palm Springs Skate Park for a term of five years, commencing July 1, 2018 through June 30, 2023, in a form subject to approval of the City Attorney. A6164.
  2. Authorize the City Manager to execute all necessary documents.
 
C.   AIRPORT PASSENGER SEATING ACQUISITION: 
RECOMMENDATION:  
  1. Approve a sole-source purchase of new Herman Miller “Eames Tandem Sling” Seating, black in color, 177 seats in total, from G|M Business Interiors of Riverside, CA, via a manufacturer direct pricing contract in the amount of $183,278.20 inclusive of sales tax and prevailing wage delivery to match existing furniture at the Airport. 
  2. Authorize the City Manager to execute necessary documents.
 
D.   ESTABLISHMENT OF A POLICY ALLOWING FOR THE CITY COUNCIL’S CONSIDERATION OF PUBLIC FINANCING OF DEVELOPMENT IMPACT FEES AND PUBLIC IMPROVEMENTS FOR NEW RESIDENTIAL DEVELOPMENT PROJECTS, AND AMENDMENT OF RESOLUTION NO. 23671 RELATING TO THE CITY’S PARTICIPATION IN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM (SCIP):
RECOMMENDATION:
  1. Review and consider approval of the Residential Financing Policy, or provide alternative direction to staff.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RESOLUTION NO. 23671 RELATING TO PUBLIC FINANCING PROVIDED THROUGH THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM, ACCEPTANCE OF APPLICATIONS FROM PROPERTY OWNERS, CONDUCTING SPECIAL ASSESSMENT PROCEEDINGS, AND LEVYING ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF PALM SPRINGS, AND APPROVING THE STANDARD FORM ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE.”
  3. Consider the proposal for SCIP financing of the Canyon View development project, and provide direction to staff;.
  4. Consider the proposal for SCIP financing of the Vibe development project, and provide direction to staff.
 
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.
 
CITY COUNCIL 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, prioritized and set for future meeting dates.
 
ADJOURNMENT: The City Council will adjourn to the next regular meeting Wednesday, 
September 5, 2018, 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.
 
 
AFFIDAVIT OF POSTING

State of California               )
County of Riverside            )   ss.
City of Palm Springs           )
 
I, CYNTHIA A. BERARDI, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 6:00 p.m., on July 13, 2018, and posted on the City’s website as required by established policies and procedures. 
 
                                                                                                                                                ____________________________
                                                                                                                                                CYNTHIA A. BERARDI, CMC
                                                                                                                                                Chief Deputy City Clerk

P U B L I C  N O T I C E S

 
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.
 
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, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

    

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