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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
            
           March 20, 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 
Peter N. King, City
Attorney (Interim)
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:
 
ROLL CALL:
 
PRESENTATIONS:
Update on the Cornelia White House Renovation Project.
 
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.   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 01-26-2019 BY WARRANTS NUMBERED 420597 THROUGH 420615 AND 420617 TOTALING $34,804.70, LIABILITY CHECKS NUMBERED 1104097 THROUGH 1104115 TOTALING $55,202.72, FOUR WIRE TRANSFERS FOR $62,009.07, AND FOUR ELECTRONIC ACH DEBITS OF $1,608,503.68 IN THE AGGREGATE AMOUNT OF $1,760,520.17, 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 02-09-2019 BY WARRANTS NUMBERED 420616, 420618 THROUGH 420631 TOTALING $23,228.06 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1104116 THROUGH 1104420 TOTALING $4,775,736.72, FOUR WIRE TRANSFERS FOR $62,954.07, AND FIVE ELECTRONIC ACH DEBITS OF $1,529,873.47 IN THE AGGREGATE AMOUNT OF $6,391,792.32, DRAWN ON BANK OF AMERICA.”
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B.   ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS:
RECOMMENDATION:
Receive and file the Administrative Appeals Board decisions from the February 28, 2019, hearings.
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C.   ACCEPT THE RESIGNATION OF DAN LASS FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2019:
RECOMMENDATION:
  1. Accept with regret the resignation of Dan Lass from the Palm Springs International Airport Commission.
  2. Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2019.
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D.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF FEBRUARY 2019:
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2019.
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E.   MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION:
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 PALM SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD DECEMBER 16, 2018, THROUGH JUNE 30, 2020, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING."
  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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F.   APPROVAL OF THE FISCAL YEAR 2019/2020 CSA 152 SPECIAL ASSESSMENT RATE: 
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2019/2020 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
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G.   REQUEST FOR CITY COUNCIL CONSIDERATION AND APPROVAL OF A RESOLUTION IN SUPPORT OF THE IMPERIAL AND RIVERSIDE COUNTY JOINT MEMORANDUM OF UNDERSTANDING ON THE SALTON SEA:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF IMPERIAL AND THE COUNTY OF RIVERSIDE ON THE SALTON SEA AND RESCINDING RESOLUTION NO. 24521.”
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H.   SECOND READING AND ADOPTION OF ORDINANCE NO. 1984 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO AN ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE, CASE 5.1466 ZTA:
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1984, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE, CASE 5.1466 ZTA.”
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I.   SECOND READING AND ADOPTION OF ORDINANCE NO. 1985, AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO PUBLIC INTEGRITY DISCLOSURE REQUIREMENTS:
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1985, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.60.040 “DUTIES OF OFFICIALS” RELATING TO PUBLIC INTEGRITY DISCLOSURE REQUIREMENTS.”
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J.   APPROVE SECOND AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT WITH RREF II-DC CAMERON, LLC, REGARDING TRACT MAP NO. 33575, THE “CAMERON” PROJECT:
RECOMMENDATION:
  1. Approve Amendment No. 2 to the Subdivision Improvement Agreement for Tract Map 33575 (“Cameron”), with RREF II-DC Cameron, LLC, a California limited liability company. A6730.
  2. Authorize the City Manager to approve an agreement replacing subdivision securities filed with the Subdivision Agreement for Tract Map 33575 ("Cameron") by and between RREF II-DC Cameron, Toll Brothers West Inc., (Toll Brothers), and the City in a form approved by the City Attorney. A6730.
  3. Authorize the City Manager to execute all necessary documents.
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K.   CITY COUNCIL REPORT REGARDING THE CITY’S MEASURES TO ALLEVIATE CONDITIONS WHICH LED TO ADOPTION OF INTERIM URGENCY ORDINANCE NO. 1983 – A TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN CANNABIS BUSINESS AND ACTIVITY IN PORTIONS OF THE DESERT HIGHLAND GATEWAY ESTATES AND DEMUTH PARK NEIGHBORHOODS OF THE CITY:
RECOMMENDATION: 
Adopt and issue the attached City Council Report to the public describing the City’s Measures to alleviate the conditions which led to adoption of Interim Urgency Ordinance No. 1983 - a temporary suspension of the City’s approval of new applications for permits to engage in cannabis business and activity, whether for medical or adult-use, in portions of the Desert Highland Gateway Estates and Demuth Park neighborhoods of the City.
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L.   REVISE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-18:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 24240 ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2018.” 
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M.   APPROVE  A PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC., FOR ON-CALL PROJECT MANAGEMENT SERVICES FOR VARIOUS FEDERALLY FUNDED TRANSPORTATION PROJECTS:
RECOMMENDATION:
  1. Approve a Professional Services Agreement with NAI Consulting, Inc., a California corporation, in an amount not to exceed $900,000 for “on-call” project management/grant administration services for various federally funded transportation projects with an initial term of three (3) years. A____. 
  2. Authorize the issuance of Purchase Orders in amounts sufficient to cover the costs of required services for separate Task Orders approved for project assignments pursuant to the On-Call Agreement on a “pass through” basis, with funds received for Federal, State, Regional, and Locally funded capital projects to NAI Consulting, Inc., through the term of the On-Call Agreement for project management/grant administration services. 
  3. Authorize the City Manager to execute all necessary documents.
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N.   AWARD A CONTRACT SERVICES AGREEMENT WITH PRUDENTIAL OVERALL SUPPLY, IN AN AMOUNT NOT TO EXCEED OF $61,172.28 TO PROVIDE UNIFORM RENTAL AND CLEANING SERVICES CITY-WIDE:
RECOMMENDATION:
  1. Award a contract services agreement for Bid (IFB) 19-02, Uniform Rental and Cleaning Services, for all Maintenance & Facilities and the Airport employees to Prudential Overall Supply, of Indio, CA, for an initial 3 year term at annual fixed cost of $20,390.76 with 2 one-year renewal options subject to a CPI increase, at the mutual consent of the City and Contractor. A6468.
  2. Authorize the City Manager to execute all necessary documents.
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O.   REPORT OF EMERGENCY REPLACEMENT OF HEAT EXCHANGERS FOR THE SWIM CENTER POOL PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
RECOMMENDATION:
Receive and file.
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P.   AUTHORIZE THE PURCHASE OF 6 REPLACEMENT POLICE PATROL MOTORCYCLES IN AN AMOUNT NOT TO EXCEED $214,000: 
RECOMMENDATION:   
  1. In accordance with Section 7.09.010 “Cooperative purchase programs,” of the Palm Springs Municipal Code, authorize the purchase of five (5) new BMW R 1250 RT-P model motorcycles at a unit cost of $33,303.93 for patrol, and one (1) new BMW R 1250 RT-P model motorcycle at a unit cost of $27,194.86 for training, for a total cost of $193,714.51 inclusive of applicable taxes, fees, and delivery from Long Beach BMW Motorcycles pursuant to the City of Sacramento Invitation for Bid (IFB) No. B17153311004.
  2. Authorize issuance of Purchase Orders for vehicle outfitting and equipment for a total cost not to exceed $20,000.
  3. Authorize the City Manager to execute all necessary documents.
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Q.   APPROVAL OF EMPLOYMENT AGREEMENT FOR SERVICES AS GENERAL COUNSEL:
RECOMMENDATION:  
  1. Approve short-term Employment Agreement with Peter Nelson King for services of [interim] City Attorney and General Counsel. 
  2. Authorize the City Manager to execute this short-term agreement and any other  necessary documents.
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R.   APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council Meeting Minutes of June 6, 2018, June 20, 2018, and July 11, 2018, and July 17, 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:
 
A.   A HEARING TO CONSIDER REVOCATION OR MODIFICATION OF A CONDITIONAL USE PERMIT ISSUED TO FURY INVESTMENTS, INC., FOR ZELDA’S NIGHTCLUB LOCATED AT 611 SOUTH PALM CANYON DRIVE, CASE 5.1279 CUP:
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, REVOKING A CONDITIONAL USE PERMIT FOR THE NIGHTCLUB USE AT 611 SOUTH PALM CANYON DRIVE, CASE 5.1279 CUP.”
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B.   ADOPTION OF AN URGENCY ORDINANCE ADDING CHAPTER 5.85 TO THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATIVE TO TENANT RELOCATION AND PROTECTION REQUIREMENTS, CASE 5.1476:
RECOMMENDATION:   
  1. Open the Public Hearing and receive public testimony.
  2. Waive the reading of the text in its entirety, read by title only, and adopt an Ordinance entitled “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 5.85 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) REQUIRING CERTAIN TENANT RELOCATION AND PROTECTION BE PROVIDED AS A CONDITION OF APPROVAL OF ENTITLEMENTS TO CONVERT RENTAL MULTIFAMILY HOUSING TO OTHER USES.” [Four-Fifths (4/5ths) Vote Required].
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3.   LEGISLATIVE: None.
 
4.   UNFINISHED BUSINESS: None.
 
5.   NEW BUSINESS:
 
A.   DISCUSSION ON TEMPORARY PERIMETER FENCING ALONG CONSTRUCTION SITES, OR VACANT, ABANDONED, UNDEVELOPED PROPERTY AND PROVIDE DIRECTION ON NEXT STEPS: 
RECOMMENDATION:
Provide direction to staff on what objectives they would like to accomplish with this program, and on what scale they would like the program to be, so that staff can develop a plan for further review by the City Council.
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B.   DISCUSSION OF THE CITY’S NOISE ORDINANCE AND RELATED REGULATIONS:
RECOMMENDATION:
Direct staff as appropriate.
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C.   DISCUSSION REGARDING THE TEMPORARY MORATORIUM ON CONVERSIONS OF GOLF COURSES FOR OTHER USES:
RECOMMENDATION:
  1. Direct staff to schedule a public hearing on the proposed golf course conversion ordinance; or
  2. Take no action on the matter and review future golf course conversions on a case-by-case basis.
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D.   PROPOSED RESOLUTION AUTHORIZING THE IMPLEMENTATION OF THE CANNABIS SOCIAL EQUITY PROGRAM ESTABLISHING A ZERO-DOLLAR CANNABIS PERMIT FEE FOR PROGRAM PARTICIPANTS AND AUTHORIZE APPLICATION FOR STATE EQUITY GRANT FUNDING:
RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF THE CANNABIS SOCIAL EQUITY PROGRAM ESTABLISHING A ZERO-DOLLAR CANNABIS PERMIT FEE FOR PROGRAM PARTICIPANTS.” 
  2. Authorize the City Manager to execute all documents consistent with this Resolution.
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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 the next regular meeting Wednesday, April 3, 2019, at 6:00 p.m. in the Council Chamber at City Hall, preceded by Closed Session, Small Conference Room at 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 March 15, 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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