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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

 
REGULAR MEETING AGENDA
            
           February 6, 2019          
 
           
4:00 PM CLOSED SESSION
6:00 PM REGULAR MEETING

Robert Moon, Mayor
Geoff Kors, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Lisa Middleton, 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
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager 
Edward Z. Kotkin, City
Attorney
Nancy Pauley, 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
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CALL TO ORDER (Council Chamber):
 
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2).
 
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.
 
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.   TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2018:
RECOMMENDATION:
Receive and File the Treasurer’s Investment Report as of December 31, 2018.
 
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B.   APPROVAL OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY REQUEST BY ROBERT OLIVER FROST FOR A TYPE 40 (ON SALE BEER) LIQUOR LICENSE FOR THE MESQUITE GOLF CLUB LOCATED AT 2700 EAST MESQUITE AVENUE, ZONE PD-153, CASE 5.0173 PCN:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF AN ON-SALE BEER LICENSE (TYPE 40) AT THE GOLF COURSE PROPERTY LOCATED AT 2700 EAST MESQUITE AVENUE, WITHIN CENSUS TRACT NO. 9407.”
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C.   SEPHORA USA, INC. FOR AN ART MURAL ON THE EAST ELEVATION OF THE EXISTING BUILDING LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 175 NORTH PALM CANYON DRIVE, CASE 18-007 MUR:
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE EAST ELEVATION OF AN EXISTING BUILDING LOCATED AT 175 NORTH PALM CANYON DRIVE, CASE 18-007 MUR.”
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D.   AMENDMENT NO. 5 TO AGREEMENT A6288 WITH NBS GOVERNMENT FINANCE GROUP FOR FEASIBILITY ANALYSIS (BONDED) FOR INDIAN CANYON DRIVE AND GARNET AVENUE SEWER INFRASTRUCTURE:
RECOMMENDATION:
  1. Approve Amendment No. 5 to Agreement No. A6288 with NBS Government Finance Group to conduct feasibility analysis (bonded) for Indian Canyon Drive and Garnet Avenue sewer infrastructure.
  2. Authorize the City Manager to execute all necessary documents.
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E.   SECOND READING AND ADOPTION OF ORDINANCE NO. 1972 AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, RE-ESTABLISHING THE HOTEL OPERATIONS INCENTIVE PROGRAM:
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1972, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, RE-ESTABLISHING THE HOTEL OPERATIONS INCENTIVE PROGRAM."
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F.   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 a Resolution entitled “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.”
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G.   MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721:
RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 FOR THE PERIOD OF JULY 1, 2018, THROUGH JUNE 30, 2021, SUBJECT TO UNION EXECUTING THE MEMORANDUM OF UNDERSTANDING.” A5440.
  2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements, contracts, and any non-substantial MOU language or reorganization.
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H.   APPROVE A THREE YEAR AGREEMENT FOR VACATION RENTAL HOTLINE CALL CENTER SERVICES:
RECOMMENDATION:
  1. Approve an agreement with Central Communications, a brand of MAP Communications, Inc of Chesapeake, Virginia for call center services for an estimated cost of $10,080 (12,000 minutes) per year at the unit prices stated in the contract for three years, with two (2) one-year options to extend the agreement subject to a CPI adjustment. A6959.
  2. Authorize the City Manager to execute all necessary documents.
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I.   AUTHORIZE A PURCHASE ORDER WITH DAVID EVANS AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $32,000, FOR DESIGN SERVICES OF PICKLEBALL COURTS AT SUNRISE PARK, CP 19-06:
RECOMMENDATION:
  1. Authorize a Purchase Order in an amount not to exceed $32,000 with the City’s “on-call” professional consulting services firm, David Evans and Associates, Inc., an Oregon corporation, pursuant to Agreement No. A6785, for conceptual and final design services related to Pickleball Courts at Sunrise Park, CP 19-06.
  2. Authorize the City Manager to execute all necessary documents.
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J.   COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REPORT ON HOMELESSNESS:
RECOMMENDATION:
Receive and file the presentation and report prepared by Barbara Poppe & Associates, entitled “The Path Forward: Recommendations to advance an end to homelessness in the Coachella Valley.” 
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K.   AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH NCM ENVIRONMENTAL SOLUTIONS, INC. FOR CANNABIS ODOR CONTROL AND COMPLIANCE SERVICES:
RECOMMENDATION:  
  1. Approve Amendment No. 1 to the Contract Services Agreement with NCM Environmental Services, Inc. for cannabis odor control and compliance services, in a total amount not to exceed fifty thousand dollars ($50,000).
  2. Authorize the City Manager to execute all necessary documents.
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L.   CONSIDER ADOPTION OF A RESOLUTION PROCLAIMING THE CITY OF PALM SPRINGS AS A SANCTUARY CITY:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROCLAIMING SANCTUARY CITY STATUS.”
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M.   ENDORSEMENT OF COUNCILMEMBER LISA MIDDLETON FOR APPOINTMENT TO THE REGIONAL COUNCIL FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS:
RECOMMENDATION:
Endorse Councilmember Lisa Middleton for appointment to the Southern California Association of Governments Regional Council.
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N.   APPROVE A CONTRACT AMENDMENT WITH SCENE CREATIVE FOR EVENT AND PROJECT MANAGEMENT CONSULTING SERVICES:
RECOMMENDATION:   
  1. Approve Amendment No. 1 to Agreement No. A7219 with Scene Creative in an amount not to exceed $12,600, for a total contract amount of $36,600 for project and event management services.
  2. Authorize the City Manager to execute all necessary documents.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS:
 
A.   DISPOSITION AND DEVELOPMENT AGREEMENT WITH COMMUNITY HOUSING OPPORTUNITIES CORPORATION (CHOC) OF FAIRFIELD, CALIFORNIA, ACCEPTANCE OF SUMMARY REPORT PREPARED PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 AND ADOPTION OF A RESOLUTION TO DISPOSE OF A 3.62 ACRES OF FORMER REDEVELOPMENT AGENCY PROPERTY, AND FOR DEVELOPMENT OF A SIXTY (60) UNIT MULTIFAMILY AFFORDABLE HOUSING PROJECT, AT 3130 NORTH INDIAN CANYON DRIVE (SOUTHEAST CORNER OF NORTH INDIAN CANYON DRIVE AND SAN RAFAEL ROAD): 
RECOMMENDATION:

That the City Council:
  1. Open the Public Hearing and receive public testimony regarding the proposed disposition and sale of the Redevelopment Agency owned property, valued at $840,000, located at the southeast corner of North Indian Canyon Drive and San Rafael Road.
  2. Adopt a Resolution approving the DDA, accepting the Health and Safety Code Section 33433 Report, and making certain findings pursuant to Health and Safety Code Section 33433.
  3. Adopt a Resolution appropriating funds in the amount of $1,900,000 from the Housing Successor Fund.
  4. Waive Planning Commission Conditions of Approval (ENG 4, ENG 5, ENG 6, AND ENG 49) requiring the construction of a landscaped median island; submittal of landscaping, lighting, and irrigation system improvement plans; providing a guaranty for the median landscaping; and undergrounding of utility lines.
  5. Authorize the City Manager to execute all necessary documents to implement the proposed DDA.
That the City Council acting as the Housing Successor Agency:
  1. Approve the Disposition and Development Agreement with Community Housing Opportunities Corporation, including loan agreement, regulatory agreement, notes, and trust deed.
  2. Authorize the Executive Director to execute all required documents to implement the proposed DDA.
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B.   AMENDMENT TO THE PALM SPRINGS ZONING CODE (PSZC) TO ESTABLISH GENERAL STANDARDS FOR MIXED-USE DEVELOPMENT AND TO ALLOW UP TO 70 DWELLING UNITS PER ACRE IN THE DOWNTOWN CENTRAL CORE AREA AS PERMITTED BY THE CITY OF PALM SPRINGS GENERAL PLAN, CASE 5.1465 ZTA:
RECOMMENDATION:   
  1. Open the Public Hearing and receive public testimony.
  2. Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO MIXED-USE DEVELOPMENT IN THE CBD (CENTRAL BUSINESS DISTRICT), C-1 (RETAIL BUSINESS) AND C-2 (GENERAL BUSINESS) ZONE, CASE 5.1465 ZTA.”
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C.   AMENDMENT TO THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO THE REGULATIONS FOR PLANNED DEVELOPMENT DISTRICTS, CASE 5.1439 ZTA:
RECOMMENDATION:  
  1. Open the Public Hearing and receive public testimony.
  2. Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AMENDMENTS TO PALM SPRINGS ZONING CODE (PSZC) SECTIONS 91.00.10, 93.05.00, AND 94.03.00 RELATING TO REGULATIONS FOR PLANNED DEVELOPMENT DISTRICTS.”
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D.   AMENDMENT TO THE PALMS SPRINGS ZONING CODE (PSZC) TO ESTABLISH THE R-1-E ZONE, A NEW SMALL-LOT SINGLE-FAMILY RESIDENTIAL ZONE, CASE 5.1398 ZTA:
RECOMMENDATION:   
  1. Open the Public Hearing and receive public testimony.
  2. Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING CODE TO ADOPT THE R-1-E ZONE DISTRICT AND ASSOCIATED DEVELOPMENT STANDARDS, CASE 5.1398 ZTA.”
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E.   REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO ACCESSORY SECOND UNITS IN RESIDENTIAL ZONES:
RECOMMENDATION:   
  1. Open the Public Hearing, take no testimony at this time, and continue the Public Hearing to February 20, 2019.
  2. Direct the City Clerk to post a Notice of Continuance pursuant to established procedures.
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3.   LEGISLATIVE:
 
A.   PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.50.030, 2.50.040, AND 2.50.060 MODIFYING PROVISIONS RELATED TO THE ADMINISTRATIVE APPEALS BOARD AND PROVIDING FOR ALTERNATE BOARD MEMBERS:
RECOMMENDATION:
  1. Waive the 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 COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.50.030, 2.50.040, AND 2.50.060 MODIFYING PROVISIONS RELATED TO THE ADMINISTRATIVE APPEALS BOARD AND PROVIDING FOR ALTERNATE BOARD MEMBERS."
  2. Direct the City Manager to issue a regulation pursuant to his authority under the City Charter making this ordinance effective upon introduction, pending its effective date by operation of state law.
  3. Appoint Robert Findley and Robert Hedrick Jr. as alternates to the Administrative Appeals Board, effective immediately upon the City Manager’s execution of the regulation now proposed.
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4.   UNFINISHED BUSINESS: None.
 
5.   NEW BUSINESS:
 
A.   APPROVAL OF THE PALM SPRINGS INTERNATIONAL AIRPORT 2019 AIR SERVICE INCENTIVE PROGRAM:
RECOMMENDATION: 
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2019 AIR SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT.”
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B.   CONSIDERATION OF CHANGING GENERAL MUNICIPAL ELECTIONS FROM NOVEMBER OF ODD-NUMBERED YEARS TO EVEN-NUMBERED YEARS:
RECOMMENDATION:   
Provide direction regarding changing General Municipal Elections from November of odd-numbered years to even-numbered years.
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C.   REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS:
RECOMMENDATION:
  1. Review and make appointments to the City Council Subcommittees, City Representatives to Projects, Liaisons to City Commissions and Boards, and Representatives to External Organizations.
  2. Adopt FPPC Form 806, authorize the City Clerk to prepare and execute FPPC Form 806 Public Official Appointments, and direct the City Clerk to post on the City’s website as required.
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D.   DISCUSSION OF THE CALIFORNIA VOTING RIGHTS ACT (CVRA) COMMUNITY WORKING GROUP’S RECOMMENDATIONS:
RECOMMENDATION:
Provide direction as appropriate.
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E.   APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2018 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION:
  1. Appoint Peter Maietta to the Board of Appeals with no term ending.
  2. Appoint Glenn Flood to the Human Rights Commission for the term ending June 30, 2021.
  3. Reappoint Robert McCann for a term ending June 30, 2021, and appoint Jim Flanagan and Dr. Lani Miller to the Sustainability Commission for the terms ending June 30, 2021.
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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 special meeting on Wednesday, February 13, 2019, at 2:00 p.m. in the Large Conference Room at City Hall, 3200 East Tahquitz Canyon Way,
Palm Springs, California.
 
 
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 February 1, 2019, 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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