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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
            
           April 4, 2018          
 
                         
3:00 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
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.

 
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.
 
             
 
3:00 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: Palm Springs Air Force ROTC Junior Color Guard.
 
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.   COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT 2017 ANNUAL REPORT:
RECOMMENDATION:
Receive and file the Coachella Valley Mosquito and Vector Control District 2017 Annual Report.
 
B.   ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS:
RECOMMENDATION:
Receive and file the Administrative Appeals Board decisions from the January 19, 2018, February 8, 2018, and March 19, 2018, hearings.
 
C.   ACCEPT THE RESIGNATION OF FRANK URRUTIA FROM THE BOARD OF APPEALS:
RECOMMENDATION:
  1. Accept with regret the resignation of Frank Urrutia from the Board of Appeals effective April 1, 2018.
  2. Direct the City Clerk to post a notice of vacancy with no term ending. 
 
D.   APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION FOR THE UNEXPIRED TERMS ENDING JUNE 30, 2019, AND JUNE 30, 2020: 
RECOMMENDATION:
Appoint Terrie Andrade and Ryan Miccio to the Human Rights Commission for the unexpired terms ending June 30, 2019, and June 30, 2020, respectively.
 
E.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 1792 SOUTH ARABY DRIVE, HSPB 103/HD-6:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Linda Pillo and Susan Keating and Park Imperial South Homeowners Association, for 1792 South Araby Drive, a Class 1 Historic Site, HSPB 103/HD-6. A____.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
 
F.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 1611 SOUTH CALLE PALO FIERRO UNIT 3, HSPB 102:
RECOMMENDATION: 
  1. Approve a Mills Act Historic Property Agreement with Jonathan Carpenter and Desert Star Homeowners Association, for 1611 South Calle Palo Fierro Unit 3, a Class 1 Historic Site, HSPB 102. A____.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
 
G.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 1611 SOUTH CALLE PALO FIERRO UNIT 5, HSPB 102:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Robert Pallas and Desert Star Homeowners Association, for 1611 South Calle Palo Fierro Unit 5, a Class 1 Historic Site, HSPB 102. A____.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
 
H.   AMENDMENT NO. 1 TO THE SUBDIVISION IMPROVEMENT AGREEMENT WITH RREF II-DC CAMERON, LLC ASSOCIATED WITH TRACT MAP NO. 33575, THE “CAMERON” PROJECT:
RECOMMENDATION:
  1. Approve the First Amendment to the Subdivision Improvement Agreement for Tract Map 33575 (“Cameron”) with RREF II-DC Cameron, LLC, a California limited liability company, in a final form approved by the City Attorney. A6730.
  2. Authorize the City Manager to execute all necessary documents.
 
I.   APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS.”
 
J.   CONSIDERATION OF THE 2018 CITY COUNCIL/SUCCESSOR AGENCY MEETING SCHEDULE:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CANCELLATION AND RESCHEDULING OF CERTAIN CITY COUNCIL MEETINGS AND ESTABLISHING THE RESCHEDULED MEETINGS AS REGULAR MEETINGS OF THE CITY COUNCIL.”
 
K.   ACCEPTANCE OF $6,661.90 IN GRANT FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE PURCHASE OF BULLETPROOF VESTS:
RECOMMENDATION:
  1. Accept a grant award of $6,661.90 from the U.S. Department of Justice, Bureau of Justice Assistance, for the purchase of bulletproof vests for select Police Department personnel.
  2. Authorize the City Manager to execute all necessary documents.
 
L.   APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. A6973 FOR AN ANNUAL INCREASE OF $35,491.40 WITH R & R JANITORIAL SERVICES, AN INDIVIDUAL COMPANY, FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
RECOMMENDATION:
  1.  Approve Amendment No. 1 to Agreement No. A6973, with R & R Janitorial for $35,491.40 an annual increase for Janitorial Services; and 
  2. Authorize the City Manager to execute all necessary documents.
 
M.   APPROVAL OF THE MULTI-AGENCY PARTICIPATING AGREEMENT FOR THE COACHELLA VALLEY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM:
RECOMMENDATION:
  1. Approve a Multi-Agency Participating Agreement for the Coachella Valley Regional Traffic Signal Synchronization Program by and between the Coachella Valley Association of Governments, and the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, and Riverside County. A____.
  2. Authorize the City Manager to execute all necessary documents.
 
N.   APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Meeting Minutes of February 7, 2018, and February 21, 2018.
 
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS: None.
 
3.   LEGISLATIVE:
 
A.   PROPOSED ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER 8.80 OF, ADDING SECTION 11.72.162 TO, AND AMENDING SECTIONS 11.72.170, 11.72.197 AND 11.72.245 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACANT BUILDINGS AS BUILDING CODE VIOLATIONS AND/OR PUBLIC NUISANCES, AND PROVIDING FOR THE ABATEMENT OF BLIGHTED PROPERTY:
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1949, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER 8.80 OF, ADDING SECTION 11.72.162 TO, AND AMENDING SECTIONS 11.72.170, 11.72.197 AND 11.72.245 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACANT BUILDINGS AS BUILDING CODE VIOLATIONS AND/OR PUBLIC NUISANCES, AND PROVIDING FOR THE ABATEMENT OF BLIGHTED PROPERTY.”
 
B.   ADOPTION OF AN INTERIM URGENCY ORDINANCE (EXTENDING INTERIM ORDINANCE NO. 1927) OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRNGS TO APRIL 5, 2019, AND MAKING APPROPRIATE FINDINGS UNDER CEQA (4/5ths Vote Required re Interim Urgency Ordinance):
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety, read by title only, and adopt an Ordinance entitled “AN INTERIM URGENCY ORDINANCE (EXTENDING INTERIM ORDINANCE NO. 1927) OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRNGS TO APRIL 5, 2019, AND MAKING APPROPRIATE FINDINGS UNDER CEQA.” (4/5ths Vote Required)
 
C.   INTRODUCTION OF AN ORDINANCE AND ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.50.030, 2.50.040, 2.50.060, 2.50.080, AND 2.50.090, MODIFYING PROVISIONS RELATED TO THE ADMINISTRATIVE APPEALS BOARD (4/5ths Vote Required re Interim Urgency Ordinance):
RECOMMENDATION:
  1. Waive the reading of 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 PALM SPRINGS MUNICIPAL CODE SECTIONS 2.50.030, 2.50.040, 2.50.060, 2.50.080, AND 2.50.090,  MODIFYING PROVISIONS RELATED TO THE ADMINISTRATIVE APPEALS BOARD.”
     
     
  2. Waive the reading of the text in its entirety, read by title only, and adopt an Ordinance entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.50.030, 2.50.040, 2.50.060, 2.50.080, AND 2.50.090,  MODIFYING PROVISIONS RELATED TO THE ADMINISTRATIVE APPEALS BOARD.” (4/5ths Vote Required)
 
4.   UNFINISHED BUSINESS: None.
 
5.   NEW BUSINESS:
 
A.   AWARD A CONSTRUCTION CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC. FOR THE CLASS II AND CLASS III BICYCLE LANES, FEDERAL-AID PROJECT NO. CML-5282 (044), CP 14-14:
RECOMMENDATION:
  1. Provide direction regarding the proposed road diet and bicycle lanes on La Verne Way, and approve one of two alternative actions:  
Alternative 1 – Award of contract excluding La Verne Way:
  1. Award a construction contract to Superior Pavement Markings, Inc., a California corporation, for Bid Schedules A, B, C, and E in the amount of $459,370.85 for the Class II and Class III Bicycle Lanes Project, CP 14-14. A____.  
  2. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $45,937 (10% of construction contract). 
  3. Authorize the City Manager to execute all necessary documents. 
OR

Alternative 2 – Award of contract including La Verne Way: 
  1. Appropriate an additional amount of $155,814 from unexpended “carry over” capital funds from FY 2016/17 in Account 261-1395-50000.
  2. Award a construction contract to Superior Pavement Markings, Inc., a California corporation, for Bid Schedules A, B, C, D, and E in the amount of $596,482.05 for the Class II and Class III Bicycle Lanes Project, CP 14-14. A____.
  3. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $59,650 (10% of construction contract).
  4. Authorize the City Manager to execute all necessary documents.
 
B.   AWARD A CONSTRUCTION CONTRACT TO ARCHICO DESIGN BUILD INC. IN THE AMOUNT OF $3,975,000 FOR THE FIRE STATION NO. 4 REMODEL AND EXPANSION,
CP 15-25:

RECOMMENDATION:
  1. Appropriate an additional amount of $600,000 from available budget in the Measure J Capital Fund contingency in Account 260-4500-50000, and appropriate $1,400,000 from unexpended “carry over” capital funds from Fiscal Year 2016-17 in Account 261-1395-50000. 
  2. Award a construction contract to Archico Design Build, Inc., a California corporation, in the amount of $3,975,000 for the Fire Station No. 4 Remodel and Expansion, CP 15-25. A____.
  3. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $397,500 (10% of construction contract).
     
  4. Authorize a Purchase Order to Willdan Engineering, pursuant to On-Call Agreement No. A6688, in the amount of $178,890 for construction management and inspection services for the Fire Station No. 4 Remodel and Expansion, CP 15-25.
  5. Authorize the City Manager or his designee to conduct the appropriate bid processes, or utilize cooperative purchase contracts if available, in accordance with Procurement procedures, including Purchase Orders for acquisition of fixtures, furnishings and equipment for Fire Station No. 4 in a total cumulative amount not to exceed $50,000.
  6. Authorize the City Manager to execute all necessary documents.
 
C.   AWARD A CONSTRUCTION CONTRACT TO TRI–STAR CONTRACTING II, INC. IN THE AMOUNT OF $1,838,900.50 FOR THE MEASURE J COMMUNITY PROJECTS–SIDEWALK GAP CLOSURE IMPROVEMENTS, CP 15-31:
RECOMMENDATION:
  1. Award a construction contract to Tri-Star Contracting II, Inc., a California corporation, in the amount of $1,838,900.50 for the Measure J Community Projects – Sidewalk Gap Closure Improvements, CP 15-31. A____. 
  2. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $91,945 (5% of construction contract). 
  3. Authorize the City Manager to execute all necessary documents.
 
D.   AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $96,840 WITH M. ARTHUR GENSLER & ASSOCIATES, INC. FOR PRELIMINARY ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE PLAZA THEATER:
RECOMMENDATION:
  1. Authorize a Purchase Order in the amount of $96,840 with the City’s “on-call” architectural firm, M. Arthur Gensler & Associates, Inc., a California corporation, pursuant to Agreement No. A6782, for preliminary architectural design services related to the City’s Plaza Theater. 
  2. Authorize the City Manager to execute all necessary documents.
 
E.   PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2018-19 BUDGET:
RECOMMENDATION:
Direct the City Council Budget Subcommittee and Staff as appropriate.
 
F.   REACTIVATE THE AD HOC CITY COUNCIL SUBCOMMITTEE REGARDING THE CITY COUNCIL RULES OF PROCEDURE AND CONDUCT OF CITY COUNCIL MEETINGS:
RECOMMENDATION:
Appoint two members of the City Council to an City Council ad hoc subcommittee to further study and make recommendations to the City Council Rules of Procedure and the conduct of City Council meetings.
 
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, April 18, 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, ANTHONY J. MEJIA, 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 March 30, 2018, and posted on the City’s website as required by established policies and procedures. 
 
                                                                                                                                                ____________________________
                                                                                                                                                ANTHONY J. MEJIA, MMC
                                                                                                                                                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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