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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
            
           December 13, 2017          
 
    
4:00 PM CLOSED SESSION
6:00 PM ADJOURNED 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.
 
             
 
4:00 P.M. CLOSED SESSION
 
CALL TO ORDER (Large Conference Room):
 
PUBLIC COMMENT (Large Conference Room): 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. ADJOURNED 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.   TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2017:
RECOMMENDATION:
Receive and File the Treasurer’s Investment Report as of October 31, 2017.
 
B.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF NOVEMBER, 2017:
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 1 through November 30, 2017.
 
C.   APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:
  1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095436 THROUGH 1095520 IN THE AGGREGATE AMOUNT OF $2,350,470.16 DRAWN ON BANK OF AMERICA;”
  2. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-04-2017 BY WARRANTS NUMBERED 420123 THROUGH 420134 TOTALING $20,204.07 LIABILITY CHECKS NUMBERED 1095521 THROUGH 1095540 TOTALING $79,113.04, FIVE WIRE TRANSFERS FOR $63,829.52, AND THREE ELECTRONIC ACH DEBITS OF $1,430,231.63 IN THE AGGREGATE AMOUNT OF $1,593,378.26, DRAWN ON BANK OF AMERICA;”
  3. Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095541 THROUGH 1095689 IN THE AGGREGATE AMOUNT OF $1,372,288.44 DRAWN ON BANK OF AMERICA;" and
  4. Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095690 THROUGH 1095827 IN THE AGGREGATE AMOUNT OF $426,913.03 DRAWN ON BANK OF AMERICA."
 
D.   APPROVE AMENDMENT NO. 7 TO CONSULTING SERVICES AGREEMENT NO. A5862 WITH KEENAN & ASSOCIATES FOR LOSS CONTROL AND REGULATORY SERVICES:
RECOMMENDATION:
  1. Approve Amendment No. 7 to consulting services agreement No. A5862 with
    Keenan & Associates for Loss Control and Regulatory Services, in the amount of $65,000; and
  2. Authorize the City Manager to execute all necessary documents.
 
E.   APPROVE AN AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES TO PROVIDE A TOTAL COMPENSATION STUDY:
RECOMMENDATION: 
  1. Approve an agreement with Ralph Andersen Associates to provide a total compensation study effective December 1, 2017,  A____; and 
  2. Authorize the City Manager to execute all necessary documents.
 
F.   DECLARE TWO VACANCIES ON THE PLANNING COMMISSION FOR UNEXPIRED TERMS ENDING JUNE 30, 2019, AND JUNE 30, 2020:
RECOMMENDATION:
  1. Declare two vacancies on the Planning Commission; and
  2. Direct the City Clerk to post a notice of vacancy for the unexpired terms ending
    June 30, 2019, and June 30, 2020.
 
G.   DECLARE A VACANCY ON THE HUMAN RIGHTS COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2018:
RECOMMENDATION:
  1. Declare a vacancy on the Human Rights Commission; and
  2. Direct the City Clerk to post a notice of vacancy for the unexpired term ending
    June 30, 2018.
 
H.   DECLARE A VACANCY ON THE SUSTAINABILITY COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2018:
RECOMMENDATION:
  1. Declare a vacancy on the Sustainability Commission; and
  2. Direct the City Clerk to post a notice of vacancy for the unexpired term ending
    June 30, 2018.
 
I.   APPOINTMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2018:
RECOMMENDATION:
Appoint Aftab Dada to the Palm Springs International Airport Commission for the unexpired term ending June 30, 2018.  
 
J.   APPOINTMENT TO THE BOARD OF APPEALS WITH NO TERM LIMIT:
RECOMMENDATION:
Appoint Mark Hanna to the Board of Appeals with no term limit.
 
K.   APPOINTMENTS TO THE SUSTAINABILITY COMMISSION FOR THE UNEXPIRED TERMS ENDING JUNE 30, 2020:
RECOMMENDATION:
Appoint Carl Baker and T. Santora for the unexpired terms ending June 30, 2020.
 
L.   APPROVE A UTILITY AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY RELOCATION WORK RELATED TO THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, FEDERAL AID PROJECT NO. BRLO 5282 (017), CP 01-11:
RECOMMENDATION:
  1. Approve a Utility Agreement, in a final form acceptable to the City Attorney, with Southern California Edison Company, for Utility Relocation Work related to the Indian Canyon Drive Widening & Bridge Replacement, Federal Aid Project No. BRLO 5282 (017), CP 01-11, A____; and 
  2. Authorize the City Manager to execute the Utility Agreement and all associated documents.
 
M.   ACCEPT FY2017 STATE HOMELAND SECURITY PROGRAM GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES AND THE RIVERSIDE COUNTY EMERGENCY MANAGEMENT DEPARTMENT IN THE AMOUNT OF $7,067:
RECOMMENDATION:
  1. Accept a grant from the California Governor’s Office of Emergency Services through the Riverside County Office of Emergency Services in the amount of $7,067;
  2. Authorize the City Manager to execute all necessary documents. 
 
N.   A RESOLUTION IMPLEMENTING MEASURE E IMPOSING A TAX ON CANNABIS ACTIVITY AS APPROVED BY THE VOTERS AT THE MUNICIPAL ELECTION ON NOVEMBER 7, 2017, ESTABLISHING APPLICABLE TAX RATES; AND PROVISION OF ADDITIONAL DIRECTION FOR THE PREPARATION OF AMENDMENTS TO THE CITY’S CANNABIS REGULATION PROGRAM (MEASURE E):
RECOMMENDATION:
  1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING CANNABIS AND MARIJUANA BUSINESS TAX RATES;" and 
  2. Provide direction to the City Attorney and Staff regarding additional issues and considerations related to the City’s cannabis regulatory program.
 
O.   AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR PREPARATION AND ADMINISTRATION OF THE PALM SPRINGS TRANSACTIONS AND USE TAX AS APPROVED BY THE VOTERS AND GRANTING MUNISERVICES ACCESS TO DATA FOR COMPLIANCE AUDITING (MEASURE D):
RECOMMENDATION:
  1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX;” and 
  2. Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE RELEASE AND EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS.”
 
P.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 339 S. BELARDO ROAD (LA SERENA VILLAS), A CLASS 1 HISTORIC SITE, HSPB 69:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Martini Madness LLC for
    339 S Belardo Road, a Class 1 Historic Site, HSPB 69;
  2. Authorize the City Manager to execute the Agreement; and 
  3. Direct the City Clerk to record the Agreement.
 
Q.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1849 SANDCLIFF ROAD, A CLASS 1 HISTORIC SITE, HSPB 93/HD-5:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement  with Adhir Kalyan, Emily Wilson, and Sandcliff Homeowners Association, for 1849 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5;
  2. Authorize the City Manager to execute the Agreement; and
  3. Direct the City Clerk to record the Agreement.
 
R.   CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2016-17:
RECOMMENDATION:
Receive and File the City’s Development Project Fee Report for Fiscal Year 2016-17.
 
S.   APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE SONORA ROAD STORM DRAIN IMPROVEMENTS, CP 16-12:
RECOMMENDATION:
Approve the plans, specifications and estimate, and authorize staff to advertise and solicit bids for the Sonora Road Storm Drain Improvements, CP 16-12. 
 
T.   ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR “PINNACLE POINT” TRACT MAP NO. 17470:
RECOMMENDATION:
  1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 17470 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM CANYON RANCH, A GENERAL PARTNERSHIP, AND ITS SUCCESSORS IN INTEREST, FOR PROPERTY LOCATED AT THE EASTERLY TERMINUS OF AVENIDA SEVILLA, IN SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST;” 
  2. Authorize the City Manager to execute a Request for Full Reconveyance with Original Document Indemnity associated with a Deed of Trust with Assignment of Rents recorded January 3, 2000, as Document No. 2000-000971, records of Riverside County, California, securing completion of the Works of Improvement associated with the Subdivision Improvement Agreement for Tract Map 17470 with Palm Canyon Ranch, a general partnership, A2185; and
  3. Authorize the City Manager to execute all necessary documents.
 
U.   AWARD A CONSTRUCTION CONTRACT TO WRIGHT CONSTRUCTION ENGINEERING CORP IN THE AMOUNT OF $222,368.68 FOR THE SOUTH PALM CANYON DRIVE AND LA PLAZA SAFETY BOLLARD INSTALLATION, CP 15-29:
RECOMMENDATION:
  1. Award a construction contract to Wright Construction Engineering, a California corporation, in the amount of $222,368.68 for the South Palm Canyon Drive and
    La Plaza Safety Bollard Installation, CP 15-29, A____; and 
  2. Authorize the City Manager to execute all necessary documents.
 
V.   ACCEPTANCE OF THE AIRPORT TAXIWAY J PAVEMENT RECONSTRUCTION PROJECT, IFB 17-06:
RECOMMENDATION:
  1. Accept the public works improvement identified as the Taxiway J Rehabilitation Project, as completed in accordance with the plans and specifications, CP 17-06, A6629;
  2. Approve Change Order No. 2 in the amount of $2,323.20, and Change Order No. 3 in the amount of $7,465.79, for a total contract amount of $291,982.99 with All American Asphalt, A6999; 
  3. Authorize the Director, Department of Aviation, to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Taxiway J Pavement Reconstruction Project, IFB 17-06; and
  4. Authorize the City Manager to execute all necessary documents.
 
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS:  None
 
3.   LEGISLATIVE:  None
 
4.   UNFINISHED BUSINESS:  None
 
5.   NEW BUSINESS:
 
A.   APPROVE AMENDMENT NO. 12 TO AGREEMENT NO. A3090 WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL:
RECOMMENDATION:
  1. Approve Amendment No. 12 to Agreement No. A3090 with the Palm Springs International Film Festival, extending the agreement to June 30, 2023.
  2. Authorize the City Manager to execute the Amendment to the Agreement and take actions necessary to effectuate the Amendment.
 
B.   REVIEW APPLICATIONS, ALLOCATE AND AWARD THE FISCAL YEAR 2017-18 SPONSORSHIP AND PROGRAM FUNDING GRANTS AND CITY SPONSORED SPECIAL EVENTS:
RECOMMENDATION:
  1. Award the Fiscal Year 2017-18 Sponsorship and/or Program Funding Grants in the total amount of $767,500 in the General Fund and $50,000 in the Public Arts Fund; and
  2. Authorize the City Manager to execute individual Sponsorship and Program Fund Grants, subject to approval by the City Attorney as to form.
 
C.   APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2017 SLURRY SEAL, CP 17-02:
RECOMMENDATION:
Approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the 2017 Slurry Seal, CP 17-02.
 
D.   AWARD A CONSTRUCTION CONTRACT TO CALTEC CORP, IN THE AMOUNT OF $1,330,000 FOR THE AIRPORT TICKETING HALL EXPANSION ENABLING PROJECT, IFB 18-02: 
RECOMMENDATION:
  1. Award a construction contract to Caltec Corp, a California corporation, as the lowest responsive and responsible bidder for the Ticketing Hall Expansion Enabling Project inclusive of the base bid amount of $1,200,000 and Alternate 2 bid amount of $130,000 for a total contract amount of $1,330,000, IFB 18-02, A____;
  2. Delegate authority to the City Manager to approve Contract Change Orders in the total cumulative amount of 10% of the contract amount ($133,000); and  
  3. Authorize the City Manager to execute all necessary documents.
 
E.   REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS:
RECOMMENDATION:
Additional Material - Representatives to External Organizations
  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 Manager to prepare and execute FPPC Form 806 Public Official Appointments, and direct the City Clerk to post on the City’s website as required; and
  3. Determine whether the City Council desires to appoint a City Council Liaison to each of the City Commissions and Boards and provide direction as appropriate.
 
F.   APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED APPLICANTS TO FILL VACANCIES ON CITY BOARDS AND COMMISSIONS:
RECOMMENDATION:
Direct Staff as to the process the City Council considers appointments to City commissions and boards.
 
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,
January 3, 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 December 8, 2017, 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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