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City Council Meeting Agenda and Staff Reports

June 15, 2016

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA

Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Robert Moon, Mayor
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Geoff Kors, 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
James Thompson, Chief of Staff/City Clerk
Marcus Fuller, Assistant City Manager/City Engineer
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and Treasurer

Any person who wishes to speak regarding an item on the agenda or on a subject 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.  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.

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.

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.

Please note, any agenda item which has not been initiated by 10:00 P.M. may be continued to a subsequent meeting.

City Council meetings are webcast live on the City’s website www.palmspringsca.gov and cablecast live on PSCTV Channel 17 and 26.103.  Meetings are re-broadcast (following the meeting) on Thursday at 8:00 P.M., Saturday at 1:30 P.M. and Tuesday at 7:00 P.M.

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, 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

4:15 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

INVOCATION:  Rabbi Sally Olins, Rabi America, Temple Isaiah. 

ROLL CALL:

PRESENTATIONS:

REPORT OF CLOSED SESSION:

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.

1.    PUBLIC HEARINGS:

1.A.    PROPOSED RESOLUTION TO PLACE DELINQUENT WASTE DISPOSAL CHARGES ON THE RIVERSIDE COUNTY TAX ROLLS FOR COLLECTION
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”

1.B.    AN APPEAL BY THE ATEF D. JABER TRUST, OWNER OF FIESTA MARKET, REQUESTING THAT THE CITY COUNCIL OVERTURN A CONDITION OF APPROVAL PROHIBITING THE SALE OF ALCOHOL IN SINGLE-SERVE CONTAINERS FOR A CONVENIENCE STORE USE; AND A REQUEST FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND SPIRITS (TYPE 21, OFF-SALE ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE FIESTA MARKET, LOCATED A 3700 EAST VISTA CHINO ROAD, SUITE G, ZONE M-1-P (CASES 5.0691 CUP/APPEAL AND 5.0691 PCN)
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE APPEAL BY THE ATEF D. JABER TRUST, REMOVING CONDITION OF APPROVAL ITEM PLN 8 FROM THE CONDITIONS RELATED TO APPROVAL OF CASE 5.0691 CUP, A CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE USE FOR “FIESTA MARKET” LOCATED AT 3700 EAST VISTA CHINO ROAD, SUITE G, ZONE M-1-P;" and 3) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 21 AT 3700 EAST VISTA CHINO ROAD, SUITE G, WITHIN CENSUS TRACT 9412.00.”

PUBLIC COMMENT:  This time has been set aside for members of the public to address the City Council on Consent Calendar and other agenda items; and 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.  Three (3) minutes assigned for each speaker.  Testimony for Public Hearings will only be taken at the time of the hearing.

CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES:  This time is set aside for City Council sub-committees to provide brief reports and updates. 

COUNCILMEMBER COMMENTS: This portion of the meeting is set aside for brief general comments, and/or other issues of concern from members of the City Council. 

CITY MANAGER’S REPORT:  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.

2.    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 Approval of the Agenda.  The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for introduction or adoption.

2.A.    REPORT ON THE POSTING OF THE AGENDA:
RECOMMENDATION:  Receive and file Report on the Posting of the June 15, 2016, City Council Agenda.

2.B.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of April 6, 2016, May 4, 2016, and June 1, 2016.

2.C.    SECOND READING AND ADOPTION OF ORDINANCE NO. 1892 RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES:
RECOMMENDATION:  Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1892, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES.”

2.D.    STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MAY 2016:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2016. 

2.E.    PROPOSED RESOLUTION SUPPORTING THE EQUALITY ACT OF 2015 (H.R. 3185)
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING CONGRESS TO PASS THE EQUALITY ACT OF 2015 TO ENSURE THAT FEDERAL CIVIL RIGHTS LAWS ARE FULLY INCLUSIVE OF PROTECTIONS ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY, AND SEX (H.R. 3185).” 

2.F.    APPROVAL OF CONTRACT CHANGE ORDER AUTHORIZATION WITH INTERMOUNTAIN SLURRY SEAL, INC. FOR THE 2015 CITYWIDE ANNUAL SLURRY SEAL PROJECT (CP 15-02):
RECOMMENDATION: 1) Authorize the City Manager to approve Construction Contract Change Orders up to an additional amount not to exceed $100,000 with Intermountain Slurry Seal, Inc., for the 2015 Citywide Annual Slurry Seal Project (CP 15-02); and 2) Authorize the City Manager to execute all necessary documents.  A6774.

2.G.    APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE TAHQUITZ CREEK LEVEE IMPROVEMENTS (CP 08-26)
RECOMMENDATION:  1) Approve the plans, specifications, and estimate; and 2) Authorize staff to advertise and solicit bids for the Tahquitz Creek Levee Improvements Project (CP 08-26). 

2.H.    REQUEST BY BEVERAGES AND MORE, INC. (BEV MO!) FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS ASSOCIATED WITH THREE LIQUOR LICENSE TYPES, TYPE 21 (GENERAL OFF-SALE); TYPE 42 (ON-SALE BEER AND WINE, PUBLIC PREMISE), AND TYPE 86 (INSTRUCTIONAL TASTING) TO SELL AT A PROPOSED RETAIL STORE LOCATED AT 333 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 5.1392 PCN):
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 21 (GENERAL OFF-SALE), TYPE 42 (ON-SALE BEER AND WINE, PUBLIC PREMISE), AND TYPE 86 (INSTRUCTIONAL TASTING) AT 333 SOUTH PALM CANYON DRIVE, SUITE NO. 4, WITHIN CENSUS TRACT 0446.06.” 

2.I.    ACCEPTANCE OF $48,619 IN GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS PROJECT
RECOMMENDATION:  1) Accept $48,619 in grant funding from the California Department of Alcohol Beverage Control for an alcohol enforcement and awareness project; and 2) Authorize the City Manager to execute all necessary documents.  A6126. 

2.J.    ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $22,730 AND APPROVE AN INTERLOCAL AGREEMENT WITH THE COUNTY AND CITY OF RIVERSIDE AND OTHER PARTICIPATING CITIES FOR THE ADMINISTRATION OF THE GRANT
RECOMMENDATION:  1) Approve the acceptance of a grant award from the United States Department of Justice in the amount of $22,730 for the 2016 Justice Assistance Grant (JAG) Program; 2) Approve an Interlocal Agreement with the City of Riverside, County of Riverside, and various cities within Riverside County, for the City of Riverside to administer the grant on behalf of participating agencies; and 3) Authorize the City Manager to execute all necessary documents.  A6244. 

2.K.    APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2016-17
RECOMMENDATION:  Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES AS THE CITY’S BROKER OF RECORD, TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGE FEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, CRIME/FIDELITY LIABILITY, AND CYBER LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2016-2017, EFFECTIVE JULY 1, 2016.” A5656. 

2.L.    APPROVAL OF A BLANKET PURCHASE ORDER IN THE AMOUNT OF $150,000 WITH INTERWEST CONSULTING GROUP, INC. FOR ON-CALL PROJECT MANAGEMENT AND ENGINEERING COORDINATION ON VARIOUS PUBLIC WORKS PROJECTS
RECOMMENDATION:  1) Authorize the issuance of a blanket purchase order in the amount of $150,000 with Interwest Consulting Group, Inc., pursuant to on-call agreement for Public Works capital project construction management and inspection services; and 2) Authorize the City Manager to execute all necessary documents.  A6686. 

2.M.    APPROVE THE DREAM HOTEL AS THE DESIGNATED HOTEL FOR THE SELENE PROJECT AND AUTHORIZE EXTENSION OF THE CLOSE OF ESCROW ON THE SALE OF PROPERTY FROM THE CITY TO SELENE
RECOMMENDATION:  1) Approve the designation of Dream Hotel as the designated hotel brand for the Selene project; 2) Authorize an extension of the closing date for the sale of the property from the City to Selene Palm Springs LLC for one month to July 31, 2016; and 3) Authorize the City Manager to execute all necessary documents.  A6329. 

2.N.    AWARD A CONSTRUCTION CONTRACT TO NR DEVELOPMENT, INC.  IN THE AMOUNT OF $50,500 FOR THE PALM SPRINGS LIBRARY SHADE STRUCTURE PROJECT (CP 15-27)
RECOMMENDATION: 1) Award a construction contract to NR Development, Inc. in the amount of $50,500 for the Palm Springs Library Shade Structure Project (CP 15-27); and 2) Authorize the City Manager to execute all necessary documents.  A____. 

EXCLUDED CONSENT CALENDAR:  Items removed from the Consent Calendar for separate discussion are considered at this time.

3.    LEGISLATIVE:  None. 

4.    UNFINISHED BUSINESS:

4.A.    REPORT ON BUILDING OFFICIAL APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIME OF 3:00 A.M. TO 7:00 A.M. FROM MONDAY THRU FRIDAY FOR CERTAIN WORK ACTIVITIES AT THE ANDAZ HOTEL CONSTRUCTION SITE FROM JUNE 20, 2016, THROUGH NOVEMBER 3, 2016
RECOMMENDATION:  Direct staff as appropriate. 

4.B.    CONSIDER INITIATION OF AN AMENDMENT TO THE CITY OF PALM SPRINGS GENERAL PLAN TO REVISE THE CIRCULATION ELEMENT AND BIKEWAYS MAP
RECOMMENDATION:  1) Review the City of Palm Springs Bikeways Map approved and adopted October 5, 2011, and incorporated into the 2007 General Plan Amendment; 2) Provide direction to staff on reclassifying the designation of various City streets to accommodate Class II bike lanes and preserve on-street parking; 3) Review an amended Circulation Element and Bikeways Map as the basis for a proposed amendment to the 2007 Palm Springs General Plan; 4) Direct staff to initiate an amendment to the 2007 Palm Springs General Plan to revise the Circulation Element and Bikeways Map, and proceed with further public review in accordance with state law, including review by the Palm Springs Planning Commission and subsequent approval by the City Council; 5) On the basis that direction is given to reclassify Crossley Road, San Rafael Drive, and S. Palm Canyon Drive to accommodate proposed Class II bike lanes and preserve on-street parking, authorize issuance of a Purchase Order in the amount of $34,390 with the City’s “on-call engineering firm, Albert A. Webb & Associates, pursuant to Agreement No. A6443, for civil and traffic engineering services associated with the CMAC/CVAG Bicycle Lane Project, City Project No. 14-14; and 6) Authorize the City Manager to execute all necessary documents. A6443.

4.C.    CONTINUED DISCUSSION ON THE MEASURE J CAPITAL PROJECTS AND AUTHORIZATION TO APPROPRIATE FUNDS AS PART OF THE FISCAL YEAR 2016-17 BUDGET:
Oversized Plans for Dog Park
RECOMMENDATION: Authorize the City Manager to appropriate the Measure J Unallocated Capital Improvement Projects as directed by the City Council. 

4.D.    REVIEW AND APPOINT AD HOC AND STANDING CITY COUNCIL SUBCOMMITTEES:
RECOMMENDATION:  Review, Reappoint, and/or Appoint ad hoc and standing City Council Subcommittees.

5.    NEW BUSINESS:

5.A.    APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2016 ANNUAL RECRUITMENT PROCESS:
RECOMMENDATION: Appoint members to various Commissions and Boards as part of the 2016 Annual Recruitment.

COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Additional general comments, reports, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time.

ADJOURNMENT:  The City Council will adjourn to an adjourned meeting and study session with the Sustainability Commission on Thursday, June 23, 2016, 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.

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