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City Council Meeting Agenda and Staff Reports

October 19, 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 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. 

4:00 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:

ROLL CALL:

PRESENTATIONS:

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.

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.

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.  

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 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.

1.A.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 5, 2016.

1.B.    STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2016:
RECOMMENDATION:  Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2016.  

1.C.    SECOND READING AND ADOPTION OF ORDINANCE NO. 1902 AMENDING THE PALM SPRINGS MUNICIPAL CODE PROHIBITING THE RENTAL OF APARTMENTS AS VACATION RENTALS:  
RECOMMENDATION:  Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1902, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.25.020 AND 5.25.030 OF, AND ADDING SECTION 5.25.075 TO, THE PALM SPRINGS MUNICIPAL CODE PROHIBITING THE RENTAL OF APARTMENTS AS VACATION RENTALS.”

1.D.    AUTHORIZING PURCHASE AND INSTALLATION OF ONE ADDITIONAL RADIO CONSOLE FOR POLICE AND FIRE DISPATCH CENTER:  
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17 TO TRANSFER $81,780 FOR AN ADDITIONAL RADIO CONSOLE FOR THE POLICE AND FIRE DISPATCH CENTER;” 2) Approve the sole-source purchase and installation of one (1) new Motorola MCC7500 radio console from Motorola Solutions, Inc. in an amount not to exceed $81,780; and 3) Authorize the City Manager to execute all necessary documents.

1.E.    ACCEPT THE RESIGNATION OF JOHN HAAG, III, FROM THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION:  
RECOMMENDATION:   1) Accept with regret the resignation of John Haag, III, as the City of Cathedral City representative to the Palm Springs International Airport Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the term ending June 30, 2018.  

1.F.    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 1087866 THROUGH 1088040 IN THE AGGREGATE AMOUNT OF $1,822,229.42, 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 09-24-2016 BY WARRANTS NUMBERED 419682 THROUGH 419692 TOTALING $21,290.75, LIABILITY CHECKS NUMBERED 1088041 THROUGH 1088044 TOTALING $3,087.79, FIVE WIRE TRANSFERS FOR $386.76, AND THREE ELECTRONIC ACH DEBITS OF $1,341,714.20 IN THE AGGREGATE AMOUNT OF $1,366,479.50, DRAWN ON BANK OF AMERICA;”  and 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 1088045 THROUGH 1088145 IN THE AGGREGATE AMOUNT OF $775,621.56, DRAWN ON BANK OF AMERICA.”

1.G.    APPOINTMENT TO THE BOARD OF LIBRARY TRUSTEES FOR THE TERM ENDING JUNE 30, 2019:
RECOMMENDATION: Appoint Ashley Dunphy to the Board of Library Trustees for the term ending June 30, 2019.

1.H.    PURCHASE 67 NEW LAPTOP COMPUTERS AND ASSOCIATED HARDWARE FROM DELL INC. IN THE AMOUNT OF $353,253.79:   
RECOMMENDATION:  1) Approve the purchase of 67 new 14” Laptop computers and associated hardware from Dell Inc. utilizing the national cooperative NASPO ValuePoint Agreement No. WN03AGW in the amount of $353,253.79; and 2) Authorize the City Manager to execute all necessary documents.  

1.I.    PURCHASE 93 TASER DEVICES AND ASSOCIATED HARDWARE FROM PROFORCE LAW ENFORCEMENT IN THE AMOUNT OF $106,347.82:  
RECOMMENDATION:  1) Waive all competitive bidding requirements of the municipal code and award a sole-source purchase of 93 new Taser Model X26P devices and associated equipment to Proforce Law Enforcement in the amount of $106,347.82; and 2) Authorize the City Manager to execute all necessary documents.  

1.J.    PROPOSED RESOLUTION AND APPROVAL OF THE SUBMISSION OF A GRANT APPLICATION FOR THE CALIFORNIA YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM GRANT FOR ARTIFICIAL TURF FOR THE PALM SPRINGS STADIUM:  
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR THE CALIFORNIA YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM GRANT.”  

1.K.    APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH SC LABORATORIES FOR MEDICAL CANNABIS TESTING SERVICES:  
RECOMMENDATION:  1) Approve Amendment No. 1 to Agreement No. A6725 with SC Laboratories for Medical Cannabis Testing Services, amending certain terms and extending the agreement to
December 31, 2017; and 2) Authorize the City Manager to execute the Amendment to the Agreement.  A6725.  

1.L.    AWARD A CONSTRUCTION CONTRACT TO A GOOD SIGN AND GRAPHICS COMPANY IN THE AMOUNT OF $101,750 FOR THE PALM SPRINGS LIBRARY LED INFORMATION SIGN (CP 15-28):  
RECOMMENDATION:  1) Award a construction contract to A Good Sign and Graphics Company in the amount of $101,750 for the Palm Springs Library LED Information Sign (CP 15-28); and 2) Authorize the City Manager to execute all necessary documents.  A____.  
    
1.M.    ACCEPTANCE OF THE FIRE STATION NO. 2 APPARATUS DOOR REPLACEMENT (CP 15-08):
RECOMMENDATION: 1) Accept the public works improvement identified as Fire Station No. 2 Apparatus Door Replacement, City Project No. 15-08, as completed in accordance with the plans and specifications; and 2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Fire Station No. 2 Apparatus Door Replacement, City Project No. 15-08. A6824.  
    
1.N.    MILLS ACT HISTORIC SITE CONTRACT WITH CHRISTINE FARTHING AND THE RACQUET CLUB GARDEN VILLAS HOMEOWNERS ASSOCIATION FOR THE PROPERTY LOCATED AT 360 CABRILLO ROAD, UNIT 205-206 A CLASS 1 HISTORIC SITE (HSPB 88/HD-3):   
RECOMMENDATION: 1) Approve a Mills Act Historic Property Agreement with Christine Farthing and the Racquet Club Garden Villas Homeowners Association for property located at 360 Cabrillo Road Unit 205-206, a Class 1 Historic Site (HSPB 88 / HD-3); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to record the Agreement. A____.  
    
1.O.    AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $295,450 TO ST. FRANCIS ELECTRIC, LLC, FOR REPAIRS AND INSTALLATION OF IN-GROUND LIGHTED CROSSING SYSTEMS AT VARIOUS LOCATIONS (CP 16-16):
RECOMMENDATION:  1) Authorize a Purchase Order in the amount of $295,450 to St. Francis Electric, LLC, pursuant to the “on-call” traffic signal maintenance services contract, (A6858), to complete removal of existing and installation of new in-ground illuminated crosswalks at various existing pedestrian crosswalk locations (CP 16-16); and 2) Authorize the City Manager to execute all necessary documents.  A6858.  

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

2.A.    APPROVE THE PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS WITH ATELIER ZINQUE, LLC TO DISPOSE OF AND SELL A SUCCESSOR AGENCY-OWNED PROPERTY LOCATED AT 342-344 NORTH PALM CANYON DRIVE IN THE AMOUNT OF $425,000 PURSUANT TO SECTION 34191.5(C) OF THE HEALTH AND SAFETY CODE:  
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Approve the Purchase and Sale Agreement and Escrow Instructions in the amount of $425,000 with Atelier Zinque, LLC for property located at 342-344 North Palm Canyon Drive pursuant to Section 34191.5(C) of the Health and Safety Code (APN 513-081-017); 3) Authorize the City Manager to submit the Agreement to the Oversight Board for approval; and 4) Authorize the City Manager to execute all documents related to the Agreement. A____.  

3.    LEGISLATIVE:

3.A.    INITIATION OF AN AMENDMENT TO THE CITY’S ZONING CODE REGARDING MEDICAL CANNABIS DISPENSARIES, MANUFACTURING FACILITIES, CULTIVATION FACILITIES, AND TESTING FACILITIES:  
RECOMMENDATION:  Intitiate and refer to the Planning Commission for hearing, review, and recommendation a zone text amendment entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C, 92.17.1.02, 92.17.2.0, 92.17.2.01.C, 93.23.15, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL CANNABIS DISPENSARIES, MEDICAL CANNABIS MANUFACTURING, AND MEDICAL CANNABIS CULTIVATION FACILITIES IN THE M-1, M-2, AND E-1 ZONES OF THE CITY.”

3.B.    PROPOSED ORDINANCE RELATING TO PERMITTING TRANSPORTATION NETWORK COMPANIES TO OPERATE AT THE PALM SPRINGS INTERNATIONAL AIRPORT:  
RECOMMENDATION:  Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.02.015 (B) OF, AND ADDING CHAPTER 16.37 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMITTING TRANSPORTATION NETWORK COMPANIES TO OPERATE AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”

4.    UNFINISHED BUSINESS:

4.A.    CITY COUNCIL REQUESTED DISCUSSION ON DOWNTOWN STREET NAMING AND REPORT FROM THE CITY COUNCIL SUBCOMMITTEE:
RECOMMENDATION:  Direct the Subcommittee and Staff as appropriate.  

4.B.    ACCEPTANCE OF QUITCLAIM DEEDS TO EXTINGUISH UNDERGROUND AIR SPACE EASEMENTS, ACCEPTANCE OF AN ACCESS EASEMENT, AND GRANTING OF UNDERGROUND AIR SPACE EASEMENTS WITH PALM SPRINGS PROMENADE, LLC, ASSOCIATED WITH THE DOWNTOWN PALM SPRINGS PROJECT:  
RECOMMENDATION:  1) Authorize the City Clerk to accept a Quitclaim Deed from Palm Springs Promenade, LLC, to relinquish to the City of Palm Springs an existing underground air space easement of 8,313 square feet within Belardo Road identified as “Lot B Air-Space”; 2) Authorize the City Clerk to accept a Quitclaim Deed from Palm Springs Promenade, LLC, to relinquish to the City of Palm Springs an existing underground air space easement of 1,364 square feet within Belardo Road identified as “Lot C Air-Space Parcel 1”; 3) Authorize the City Clerk to accept a Quitclaim Deed from Palm Springs Promenade, LLC, to relinquish to the City of Palm Springs an existing underground air space easement of 3,161 square feet within Belardo Road identified as “Lot C and D Air-Space Parcel 2”; 4) Authorize the City Clerk to accept an Access Easement from Palm Springs Promenade, LLC, to the City of Palm Springs for vehicular and pedestrian access purposes of 3,445 square feet for access to the surface parking lot located on Tahquitz Canyon Way; 5) Authorize the City Manager to execute an Underground Air Space Easement Deed granting to Palm Springs Promenade, LLC, an underground air space easement of 4,418 square feet within Andreas Road to facilitate operation and maintenance of existing underground parking facilities extending within Blocks A and B of the Downtown Palm Springs Project; 6) Authorize the City Manager to execute an Underground Air Space Easement Deed granting to Palm Springs Promenade, LLC, an underground air space easement of 6,259 square feet to facilitate operation and maintenance of future underground parking facilities extending within Blocks F and H-2 of the Downtown Palm Springs Project; and 7) Direct the City Clerk to record all documents with the Riverside County Recorder.  A____.  

5.    NEW BUSINESS:

5.A.    AUTHORIZATION TO PURSUE CLEAN WATER STATE REVOLVING FUND LOAN FOR DEVELOPMENT AND CONSTRUCTION OF A BIOGAS-TO-ENERGY PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 15-26:  
RECOMMENDATION:  1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE REIMBURSEMENT OF FUNDS REQUESTED FROM THE STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER STATE REVOLVING FUND FOR THE CITY OF PALM SPRINGS BIOGAS-TO-ENERGY PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 15-26;” and 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACT ON ITS BEHALF TO SIGN, FILE AND EXECUTE A FINANCIAL ASSISTANCE APPLICATION FOR A FINANCING AGREEMENT FROM THE STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER STATE REVOLVING FUND FOR THE CITY OF PALM SPRINGS BIOGAS-TO-ENERGY PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 15-26.”  A____.  

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

5.C.    REVIEW OF NORTH PALM CANYON DRIVE CORRIDOR ANALYSIS, APPROVAL OF PEDESTRIAN CROSSWALKS AT VIA LAS PALMAS AND STEVENS ROAD, AND AUTHORIZATION OF A PURCHASE ORDER IN THE AMOUNT OF $31,130 WITH ALBERT A. WEBB & ASSOCIATES FOR ENGINEERING DESIGN SERVICES FOR THE NORTH PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS CROSSWALK INSTALLATIONS (CP 16-13):  
RECOMMENDATION:  1) Authorize the City Engineer to install a protected pedestrian crosswalk at the intersection of North Palm Canyon Drive and Via Las Palmas in accordance with Chapter 12.68 “Pedestrians” of the Palm Springs Municipal Code; 2) Authorize the City Engineer to install a protected pedestrian crosswalk at the intersection of North Palm Canyon Drive and Stevens Road in accordance with Chapter 12.68 “Pedestrians” of the Palm Springs Municipal Code; 3) Authorize a Purchase Order in the amount of $31,130 with Albert A. Webb & Associates, pursuant to the City’s “on-call” traffic engineering services agreement, (A6443), for traffic engineering design services for the North Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations, City Project No. 16-13; and 4) Authorize the City Manager to execute all necessary documents.  A6443.  

5.D.    WELLS FARGO BANK ART MURAL APPLICATION FOR THE COMMERCIAL BANK BUILDING LOCATED AT 543 SOUTH PALM CANYON DRIVE (CASE 16-001 MUR):  
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE COMMERCIAL BUILDING AT 543 SOUTH PALM CANYON DRIVE, ZONE C-1 (CASE 16-001 MUR).”

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.  Testimony for Public Hearings will only be taken at the time of the hearing.

UPCOMING AGENDA DEVELOPMENT:  This time is set aside for the City Council to prioritize and set future agenda items.

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 the Study Session, Wednesday, October 26, 2016, at 6:00 P.M. Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.  

The next regular City Council meeting will be Wednesday, November 2, 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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