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

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262

www.palmspringsca.gov
AGENDA
            
           September 20, 2018          
 
    
4:00 PM SPECIAL MEETING/
               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. SPECIAL MEETING AND CLOSED SESSION
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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:
Update From the Greater Palm Springs Convention & Visitors Bureau
 
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.   TREASURER’S INVESTMENT REPORT AS OF JULY 31, 2018:
RECOMMENDATION:
Receive and File the Treasurer’s Investment Report as of July 31, 2018.
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B.   RESOLUTION OF SUPPORT FOR PROPOSITION 1, VETERANS AND AFFORDABLE HOUSING BOND ACT OF 2018:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE VETERANS AND AFFORDABLE HOUSING BOND ACT OF 2018.”
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C.   CONFLICT OF INTEREST CODE 2018 BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT:
RECOMMENDATION:
  1. Receive and File the 2018 Local Agency Biennial Notice.
  2. Direct staff to promulgate the necessary amendments and return to the City Council in December for adoption pursuant to the Political Reform Act.
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D.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF AUGUST 2018:
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of August 1 through August 31, 2018.
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E.   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.”
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F.   APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:
  1. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1100155 THROUGH 1100294 IN THE AGGREGATE AMOUNT OF $3,974,679.30, DRAWN ON BANK OF AMERICA.”
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-14-2018 BY WARRANTS NUMBERED 420383 THROUGH 420398 AND 420400 TOTALING $40,955.46, LIABILITY CHECKS NUMBERED 1100295 THROUGH 1100315 TOTALING $76,373.98, FOUR WIRE TRANSFERS FOR $107,954.68, AND EIGHT ELECTRONIC ACH DEBITS OF $1,828,047.17 IN THE AGGREGATE AMOUNT OF $2,053,331.29, DRAWN ON BANK OF AMERICA.”
  3. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1100316 THROUGH 1100447 IN THE AGGREGATE AMOUNT OF $2,734,851.55, DRAWN ON BANK OF AMERICA."
  4. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1100448 THROUGH 1100604 IN THE AGGREGATE AMOUNT OF $3,063,847.08, DRAWN ON BANK OF AMERICA."
  5. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-28-2018 BY WARRANTS NUMBERED 420401 AND 420403 THROUGH 420423 TOTALING $43,666.03, LIABILITY CHECKS NUMBERED 1100605 THROUGH 1100625 TOTALING $77,967.83, FOUR WIRE TRANSFERS FOR $61,445.99, AND SEVEN ELECTRONIC ACH DEBITS OF $1,434,091.18 IN THE AGGREGATE AMOUNT OF $1,617,171.03, DRAWN ON BANK OF AMERICA."
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G.   SECOND READING AND ADOPTION OF ORDINANCE NO. 1959, AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 19 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1959, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 18, DREAM HOTEL, TRACT MAP NO. 35236, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES).”
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H.   SECOND READING AND ADOPTION OF ORDINANCE NO. 1960, REPEALING AND REPLACING CHAPTER 8.90 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE TRANSPORTATION UNIFORM MITIGATION FEE:
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1960, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,. REPEALING AND REPLACING CHAPTER 8.90 (TRANSPORTATION UNIFORM MITIGATION FEES) OF THE PALM SPRINGS MUNICIPAL CODE.”
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I.   SECOND READING AND ADOPTION OF ORDINANCE NO. 1961, REAUTHORIZING THE COLLECTION OF A FEE TO SUPPORT PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (“PEG”) CHANNEL FACILITIES WITHIN THE CITY:
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1961, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF PALM SPRINGS.”
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J.   APPROVE AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH DEAZTLAN CONSULTING, LLC, FOR DISTRICTING, BOARDS AND COMMISSIONS DIVERSITY, AND LEAF BLOWER ORDINANCE OUTREACH PROJECTS:
RECOMMENDATION:
  1. Approve Amendment No. 1 to the Consulting Services Agreement with Deaztlan Consulting, LLC, for districting, boards and commissions diversity, and leaf blower ordinance outreach projects in the amount not to exceed $15,250. A7156. 
  2. Authorize the City Manager to execute all necessary documents.
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K.   APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH O'BAYLEY COMMUNICATIONS FOR PUBLIC RELATIONS, MEDIA, AND COMMUNICATION SERVICES: 
RECOMMENDATION:
  1. Approve a Consulting Services Agreement with O’Bayley Communications for public relations, media, and communication services in an amount not to exceed $30,000. A____. 
  2. Authorize the City Manager to execute all necessary documents.
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L.   APPROVAL OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH WCP/DSSH HOLDINGS 3, LLC, ASSOCIATED WITH THE RAMON ROAD AND BRIDGE WIDENING PROJECT, CP 08-25, FEDERAL AID PROJECT NO. BHLS 5282 (040); APN NOS. 677-420-015 AND 677-420-012:
RECOMMENDATION:
  1. Approve a Temporary Construction Easement Agreement in the amount of $67,200, to WCP DSSH Holdings 3, a Delaware limited liability company. A____. 
  2. Authorize the City Manager to execute all necessary documents, open escrow, and pay escrow and title costs associated with the right-of-way acquisition.
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M.   APPROVAL OF MASTER SERVICE AGREEMENT WITH ONLINE COMPUTER LIBRARY CENTER, INC. FOR CATALOGING AND METADATA SUBSCRIPTION SERVICES:
RECOMMENDATION:
  1. Approve a Master Service Agreement with OCLC, Inc. of Dublin, Ohio in the amount of $25,567.17 for Cataloging and Metadata Subscription and WorldShare Interlibrary Loan services through June 30, 2019, with automatic annual renewals. A____. 
  2. Authorize the City Manager to execute all necessary documents.
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N.   ENGAGEMENT OF LEGAL COUNSEL, GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT LLP: 
RECOMMENDATION:
  1. Approve a Professional Services Agreement with Gibbs Giden Locher Turner Senet & Wittbrodt LLP, a California Limited Liability Partnership, in a form substantially similar to that published with this staff report in an amount not to exceed twenty five thousand dollars ($25,000) for special legal counsel services in connection with the general contractor and subcontractors for the Police Department remodel project, with an additional provision for up to seventy five thousand dollars ($75,000) for general counsel advice relating to public bidding, contracting, course of construction issues and related services, in a total amount not to exceed one hundred thousand dollars ($100,000) (ATTACHMENT A). A____. 
  2. Authorize the City Manager to execute all necessary documents.
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O.   APPROVAL OF A SUPERCHARGER AGREEMENT WITH TESLA, INC., FOR INSTALLATION AND MAINTENANCE OF TESLA SUPERCHARGER STATIONS LOCATED WITHIN THE DOWNTOWN PALM SPRINGS PARKING GARAGE:
RECOMMENDATION:
  1. Approve a Supercharger Agreement with Tesla, Inc., a Delaware corporation, for an initial term of five years, with two optional five year extensions. A____. 
  2. Authorize the City Manager to execute all necessary documents.
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P.   APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council Meeting Minutes of September 5, 2018.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS: None.
 
3.   LEGISLATIVE:
 
A.   INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY, NOTICING, LOBBYING, AND APPLICANT DISCLOSURE, AND IDENTIFYING FORTHCOMING CHANGES IN NOTICING, DIRECTION TO SUBCOMMITTEE REGARDING FUTURE PUBLIC INTEGRITY ACTION ITEMS:
RECOMMENDATION:
  1. Waive reading of the ordinance text in its entirety, read by title only, and introduce for first reading an Ordinance entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY, NOTICING, LOBBYING, AND APPLICANT DISCLOSURE, AND IDENTIFYING FORTHCOMING CHANGES IN NOTICING.” 
  2. Authorize the City Manager, City Attorney, and City Clerk to execute documents necessary to carry out the provisions of this proposed ordinance. 
  3. Receive and file this report, and provide direction to the City Council Standing Subcommittee on Public Integrity and staff as desired regarding future public integrity action items. 
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4.   UNFINISHED BUSINESS: None.
 
5.   NEW BUSINESS:
 
A.   APPROVAL OF CITY OF PALM SPRINGS / AGUA CALIENTE BAND OF CAHUILLA INDIANS, LAND USE CONTRACT, AMENDED AND RESTATED: 
RECOMMENDATION:
  1. Approve the “City of Palm Springs / Agua Caliente Band of Cahuilla Indians, Land Use Contract, Amended and Restated.” A1324.
  2. Authorize the Mayor to execute the contract.
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B.   RESOLUTION DECLARING SHELTER CRISIS PURSUANT TO HOMELESS EMERGENCY AID PROGRAM (SB 850):
RECOMMENDATION: 
  1. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING A SHELTER CRISIS PURSUANT TO GOVERNMENT CODE § 8698.2."
  2. Authorize the City Manager, or designee, to process and execute all necessary documents to submit a request for and to coordinate with Riverside County in seeking HEAP funding.
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C.   AWARD OF A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $1,174,261.18 FOR THE VISTA CHINO (STATE ROUTE 111) AT VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CP 17-03, AND NORTH PALM CANYON DRIVE (STATE ROUTE 111) AT VIA ESCUELA TRAFFIC SIGNAL INSTALLATION, CP 17-05:
RECOMMENDATION:
  1. Award a construction contract to Elecnor Belco Electric, Inc., a California corporation, in the amount of $1,174,261.18 for Bid Schedules A and B for the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03, and the North Palm Canyon Drive (State Route 111) at Via Escuela Traffic Signal Installation, CP 17-05. A____.
  2. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $117,426 (10% of construction contract). 
  3. Authorize the City Manager to execute all necessary documents.
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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 a Study Session on Thursday, September 27, 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 5:00 p.m., on September 14, 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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