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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 18, 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
Click this link to view Agenda Item
 
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, 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.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1774 S. PALM CANYON DRIVE, ROYAL HAWAIIAN ESTATES, HSPB 73 HD-2:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement with Eric L Johnston and the Royal Hawaiian Estates Homeowners Association, for 1774 S. Palm Canyon Drive, HSPB 73 HD-2. A____.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
Click this link to view Agenda Item
 
B.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1811 SANDCLIFF ROAD, HSPB 93/HD-5:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Michael J Mahon and Sandcliff Homeowners Association, for 1811 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5. A____.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
Click this link to view Agenda Item
 
C.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1813 SANDCLIFF ROAD, HSPB 93/HD-5:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Michael J. Mahon and Sandcliff Homeowners Association, for 1813 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5. A____.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
Click this link to view Agenda Item
 
D.   FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY-APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150 RESIDENTIAL UNITS LOCATED AT 801 SUNRISE PARKWAY, CASE 5.0982-PD 290 / TTM 31848:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST BY FREEHOLD CAPITAL MANAGEMENT, LLC, FOR A ONE-YEAR EXTENSION OF TIME FROM MAY 5, 2018, TO MAY 5, 2019, FOR TTM 31848, A PREVIOUSLY-APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,150 SINGLE-FAMILY, MULTI-FAMILY RESIDENTIAL UNITS AND AN AMENITY CENTER FACILITY LOCATED AT 801 SUNRISE PARKWAY; ZONE PD 290, SECTION 35.”
Click this link to view Agenda Item
 
E.   TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2018:
RECOMMENDATION:
Receive and File the Treasurer’s Investment Report as of February 28, 2018.
Click this link to view Agenda Item
 
F.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MARCH 2018:
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2018.
Click this link to view Agenda Item
 
G.   APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE COUNTY OF RIVERSIDE FOR TECHNICAL ASSISTANCE AND PLAN REVIEW FOR ONSITE WASTEWATER TREATMENT SYSTEMS:
RECOMMENDATION:
  1. Approve the Memorandum of Understanding between the City of Palm Springs and Riverside County for Technical Assistance and Plan Check Services for Onsite Wastewater Treatment Systems within the City of Palm Springs. A____.
  2. Authorize the City Manager to execute all necessary documents.
Click this link to view Agenda Item
 
H.   ACCEPTANCE OF THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT/ SYNCHRONIZATION PROJECT, AND APPROVAL OF AMENDMENT NO. 4 IN THE AMOUNT OF $6,428.15 TO PROFESSIONAL SERVICES AGREEMENT NO. A5985 WITH MICHAEL BAKER INTERNATIONAL, INC. FOR EQUIPMENT PURCHASED FOR REPAIRS OF DAMAGED SIGNAL EQUIPMENT DUE TO VEHICULAR TRAFFIC INCIDENT RELATED TO THE PROJECT, FEDERAL AID PROJECT NO. CML-5282(031), CP 08-04:
RECOMMENDATION:
  1. Accept the public works improvements identified as the Traffic Management Center and Citywide Traffic Signal Interconnect/Synchronization, Federal-Aid Project No. CML-5282 (031), CP 08-04, as completed in accordance with the plans and specifications. 
  2. Approve Amendment No. 4 in the amount of $6,428.15 to Professional Services Agreement No. A5985 with Michael Baker International, Inc. for purchase of traffic signal equipment damaged due to vehicular traffic incident within the project limits, increasing the total contract amount to $665,879.15 for the Traffic Management Center and Citywide Traffic Signal Interconnect/Synchronization Project, CP 08-04.
  3. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Traffic Management Center and Citywide Traffic Signal Interconnect/Synchronization Project, CP 08-04.
Click this link to view Agenda Item
 
I.   ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2018-19:
RECOMMENDATION:
Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IDENTIFYING THE PROJECT(S) TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017."
Click this link to view Agenda Item
 
J.   NATIONAL WILDLIFE FEDERATION'S MONARCH PLEDGE:
RECOMMENDATION:
Authorize the Mayor of Palm Springs, or designee, to take the "Mayors’ Monarch Pledge.”
Click this link to view Agenda Item
 
K.   APPROVE THE SUBMITTAL OF THE NOMINATION OF THE PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL BUILDING TO THE NATIONAL REGISTER OF HISTORIC PLACES:
RECOMMENDATION:
Approve the submittal of the nomination of the Palm Springs International Airport terminal building to the National Register of Historic Places.
Click this link to view Agenda Item
 
L.   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 PAYROLL WARRANTS FOR THE PERIOD ENDED 02-10-2018 BY WARRANTS NUMBERED 420221, 420222, 420225, 420226, AND 420228 THROUGH 420237 TOTALING $22,755.15 LIABILITY CHECKS NUMBERED 1097372 THROUGH 1097391 TOTALING $77,803.77, FIVE WIRE TRANSFERS FOR $61,964.75, AND THREE ELECTRONIC ACH DEBITS OF $1,422,194.98 IN THE AGGREGATE AMOUNT OF $1,584,718.65, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1097392 THROUGH 1097526 IN THE AGGREGATE AMOUNT OF $1,480,623.96 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 1097527 THROUGH 1097650 IN THE AGGREGATE AMOUNT OF $1,799,979.65 DRAWN ON BANK OF AMERICA."
Click this link to view Agenda Item
 
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS:
 
A.   PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATING COVENANT BETWEEN THE CITY OF PALM SPRINGS AND CAHUILLA CHURCH, LLC, NEW CHURCH II, LLC, AND WERWER ONE THOUSAND, LLC, FOR DEVELOPMENT OF THE AUBERGE HOTEL; AND APPROVAL OF A RESOLUTION EXTENDING THE EXPIRATION OF LAND USE ENTITLEMENTS CONSISTENT WITH THE HOTEL OPERATIONS INCENTIVE PROGRAM AND OPERATING COVENANT:
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony. 
  2. Make a specific finding that the City’s failure to extend the development timeline for the Auberge Hotel (formerly identified as the Orchid Tree Hotel) project, and/or to provide the project with the proposed economic development subsidy pursuant to the Program, as modified herein, would be inconsistent with the public welfare. 
  3. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR CASE NOS. 5.1345 CUP, 3.0678 MAA, HSPB 23, AND HSPB 72 FROM NOVEMBER 9, 2018, TO MAY 31, 2019, FOR THE ADAPTIVE REUSE OF EXISTING HISTORIC BUILDINGS AND CONSTRUCTION OF NEW HOTEL BUILDINGS TO OPERATE A HOTEL AND SPA ON A 3.1 ACRE SITE LOCATED AT 222 S. CAHUILLA ROAD.” 
  4. Approve a Hotel Operations Covenant, Agreement No. A____, with Cahuilla Church, LLC, a Nevada limited liability company, New Church II, LLC, a Nevada limited liability company, and Werwer One Thousand, LLC, a Nevada limited liability company, for the Auberge Hotel generally located between Cahuilla Road and Belardo Road, north of Baristo Road. 
  5. Authorize the City Manager or designee to take all necessary steps to execute these actions. 
Click this link to view Agenda Item
 
B.   AMENDMENT TO THE CLASS 1 HISTORIC SITE DESIGNATION OF “THE OASIS HOTEL” TO LIST THE OASIS HOTEL DINING HALL LOCATED AT 211-219 SOUTH PALM CANYON DRIVE AND THE COMMERCIAL STOREFRONT AND CASITA BUILDINGS LOCATED AT 121 SOUTH PALM CANYON DRIVE AS CONTRIBUTING ELEMENTS; DESIGNED BY MASTER ARCHITECT LLOYD WRIGHT;  ZONE CBD, CASE HSPB 10 AMND:
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony.  
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC SITE DESIGNATION OF 'THE OASIS HOTEL' TO LIST THE OASIS HOTEL DINING HALL LOCATED AT 211-219 SOUTH PALM CANYON DRIVE AND THE COMMERCIAL STOREFRONT AND CASITA BUILDINGS LOCATED AT 121 SOUTH PALM CANYON DRIVE AS CONTRIBUTING ELEMENTS; DESIGNED BY MASTER ARCHITECT LLOYD WRIGHT;  CASE HSPB 10 AMND, APN NOS. 513-143-009, 513-143-008, AND 513-153-017, ZONES: CU (CIVIC USES) & CBD (CENTRAL BUSINESS DISTRICT).”
Click this link to view Agenda Item
 
C.   SEWER CONSTRUCTION REFUND AGREEMENT WITH MAGIO, INC., A CALIFORNIA CORPORATION, FOR A PUBLIC SEWER LINE EXTENSION IN RADIO ROAD:
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony.
  2. Approve a Sewer Construction Refund Agreement with Magio, Inc., a California corporation, for a public sewer line extension in Radio Road. A____.
  3. Direct the City Clerk to record the Sewer Construction Refund Agreement with the Riverside County Recorder.
Click this link to view Agenda Item
 
D.   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2018-19:
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2018-19.”
Click this link to view Agenda Item
 
E.   REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO MAKE MINOR MODIFICATIONS AND CORRECTIONS TO SECTIONS 93.20.00 THROUGH 93.20.13 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATIVE TO THE CITY’S SIGN ORDINANCE, CASE 5.1416-A ZTA:
RECOMMENDATION:
  1. Continue the Public Hearing to May 2, 2018, with no public testimony at this time.
Click this link to view Agenda Item
 
3.   LEGISLATIVE: None.
 
4.   UNFINISHED BUSINESS:
 
A.   UPDATED IMPACT ANALYSIS RELATING TO “MEASURE C” – A CITIZENS’ INITIATIVE TO PROHIBIT THE VACATION RENTAL OF SINGLE FAMILY RESIDENCES IN THE CITY'S R-1 ZONES:
RECOMMENDATION:
Receive and file the supplemental information to complete the City staff’s impact report related to Measure “C”, a ballot initiative that would prohibit the vacation rental of single family residences in the City’s R-1 zones.
Click this link to view Agenda Item
 
5.   NEW BUSINESS:
 
A.   LEEF INDUSTRIES, LLC REQUESTING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) SEEKING RELIEF FROM MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A 1,120-SQUARE FOOT CANNABIS DISPENSARY LOCATED IN SUITE D, 3700 EAST VISTA CHINO ROAD, ZONE M-1-P, CASE 7.1552 AMM:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION GRANTING RELIEF FROM THE SEPARATION DISTANCE REQUIREMENT OF SIX HUNDRED (600’) FEET FOR A CANNABIS DISPENSARY TO A PUBLIC PARK LOCATED AT SUITE D, 3700 EAST VISTA CHINO ROAD.”
Click this link to view Agenda Item
 
B.   DESIGNATION OF A DELEGATE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE FOR THE 2018 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY:
RECOMMENDATION:
Appoint a Member of the City Council as the Delegate Representative and a Member of the City Council as the Alternate Delegate Representative to the SCAG General Assembly being held on May 3, 2018, in Indian Wells, California.
Click this link to view Agenda Item
 
C.   CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR 2018-19 BUDGET:
RECOMMENDATION:
Direct staff as appropriate.
Click this link to view Agenda Item
 
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 Thursday, April 19, 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 5:00 p.m., on April 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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