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City Council Meeting Agenda and Staff Reports

December 7, 2016

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND AS THE PALM SPRINGS FINANCING AUTHORITY
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.

5:00 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:  Boy Scout Troop 262.

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 DEBT MANAGEMENT POLICY:  
RECOMMENDATION: 1) [City Council] Adopt the City of Palm Springs Debt Management Policy; 2) [Successor Agency of the Palm Springs Community Redevelopment Agency] Adopt the Successor Agency of the Palm Springs Community Redevelopment Agency Debt Management Policy; and 3) [Palm Springs Financing Authority] Adopt the Palm Springs Financing Authority Debt Management Policy.  

1.B.    TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2016:
ACTION: Receive and File the Treasurer’s Investment Report as of October 31, 2016.

1.C.    APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS WITH ROBERT W. MINER, JR. FOR ASSESSOR PARCEL NUMBERS (APN) 669-060-022, 669-060-026, 669-070-004, 669-093-002, AND 669-093-003 FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT (CP 01-11) FEDERAL AID PROJECT NO. BRLO 5282 (017):  
RECOMMENDATION: 1) Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and Escrow Instructions in the amount of $14,371 with Robert W. Miner, Jr. as Sole Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998, for acquisition of 1,886 square feet of right-of-way across the property identified as APN 669-060-022; 2) Approve a Temporary Construction Easement Agreement in the amount of $25,029 with Robert W. Miner, Jr. as Sole Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998, for rental for a period of five (5) years of 6,899 square feet of a portion of the property identified as APN 669-060-022; 3) Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and Escrow Instructions in the amount of $68,524 with Robert W. Miner, Jr, as Sole Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998, for acquisition of various rights-of-way across the properties identified as APN 669-060-026 and 669-070-004; 4) Approve a Temporary Construction Easement Agreement in the amount of $29,776 with Robert W. Miner, Jr. as Sole Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998, for rental for a period of five (5) years for a 27,427 square feet portion of the properties identified as APN 669-060-026 and 669-070-004; 5) Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and Escrow Instructions in the amount of $37,264 with Robert W. Miner, Jr. Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998, for acquisition of a 16,344 square feet slope easement across the properties identified as APN 669-093-002 and 669-093-003; 6) Approve a Temporary Construction Easement Agreement in the amount of $16,136 with Robert W. Miner, Jr. as Successor Trustee of the Robert Wilson Miner Trust dated April 13, 1998, for rental for a period of five (5) years of 14,860 square feet of a portion of the properties identified as APN 669-093-002 and 669-093-003; and 7) Authorize the City Manager to execute all necessary documents, open escrow, and pay for associated escrow and title costs associated with the right-of-way acquisitions.  A____.  

1.D.    APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE ADA CURB RAMPS PROJECT (CP 16-09):  
RECOMMENDATION:  1) Approve the plans, specifications and estimate for the ADA Curb Ramp project (CP 16-09); and 2) Authorize staff to advertise and solicit bids for the ADA Curb Ramp project (CP 16-09).  

1.E.    INITIATION OF ANNEXATION NO. 14 AND ANNEXATION NO. 15 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):  
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 14 (ICON, TRACT MAP NO. 36725);” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 15 (SUNIA, TRACT MAP NO. 37143).”

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 1088567 THROUGH 1088683 OF $1,382,306.58, 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 11-05-2016 BY WARRANTS NUMBERED 419717 THROUGH 419730 TOTALING $24,142.51 LIABILITY CHECKS NUMBERED 1088684 THROUGH 1088705 TOTALING $85,121.05, FIVE WIRE TRANSFERS FOR $58,675.66, AND THREE ELECTRONIC ACH DEBITS OF $1,332,021.31 IN THE AGGREGATE AMOUNT OF $1,499,960.53, 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 1088706 THROUGH 1088833 OF $1,331,832.05, DRAWN ON BANK OF AMERICA.”

1.G.    ACCEPT THE FISCAL YEAR 2016 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 $132,000 AND APPROVE THE PURCHASE OF 46 NEW TACTICAL VESTS:  
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 $132,000; 2) Authorize the purchase of 46 new Project 7 tactical protective vests from Aardvark in the amount of to $132,369.60; and 3) Authorize the City Manager to execute all necessary documents.  A____.  

1.H.    DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2015-16:
RECOMMENDATION:  Receive and file the Development Project Fee Report for Fiscal Year 2015-16. 

1.I.    AMENDMENT TO THE CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:  
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE ADOPTED BY RESOLUTION NO. 22841.”

1.J.    APPROVE AN AGREEMENT WITH RICONDO & ASSOCIATES FOR AIRPORT CONSULTING SERVICES IN THE AMOUNT OF $309,425:  
RECOMMENDATION: 1) Approve a professional services agreement to Ricondo & Associates for airport financial and bond consulting services in the amount of $309,425 for a three (3) year term from January 2, 2017, through December 31, 2019, with two additional one-year options; and
2) Authorize City Manager to execute all necessary documents.  A____.
    
1K.    REINTRODUCE ORDINANCE NO. 1907 AMENDING AND RESTATING CHAPTER 5.25 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS AND CEQA DETERMINATION:  
RECOMMENDATION:  Waive reading of the text and re-introduce by title only for first reading Ordinance No. 1907, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS.”

ITEM 1.K. REVISED ORDINANCE (RED LINE) 12/06/2016 @ 8:00 p.m. 

ITEM 1.K. REVISED ORDINANCE (CLEAN) 12/06/2016 @ 8:00 p.m.
    
EXCLUDED CONSENT CALENDAR:  Items removed from the Consent Calendar for separate discussion are considered at this time.

2.    PUBLIC HEARINGS:

2.A.    PROPOSED ORDINANCES AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS REGARDING THE DEVELOPMENT STANDARDS FOR MEDICAL CANNABIS FACILITIES IN VARIOUS ZONING DISTRICTS, MEDICAL CANNABIS BUSINESSES IN THE CITY, AND INITIATION OF AN AMENDMENT TO THE CITY’S ZONING CODE REGARDING LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY AND CEQA DETERMINATION:  
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 introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.23.15, 92.17.2.00, AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS FACILITIES; AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C, 92.17.1.02, 92.17.2.00, AND 92.17.2.01.C RELATING TO MEDICAL CANNABIS MANUFACTURING AND MEDICAL CANNABIS TESTING FACILITIES IN THE C-M, M-1-P, M-1, M-2, AND E-1 ZONES OF THE CITY; AND AMENDING SECTIONS 92.14.01.A, 92.14.1.01.A, 92.15.01.A, 92.16.01.A, 92.17.01.A, AND 92.18.01.A RELATING TO MEDICAL CANNABIS DISPENSARY FACILITIES IN THE C-2, H-C, C-M, M-1-P, M-1, M-2, AND A ZONES OF THE CITY;” 3) Waive the reading of the text in its entirety, read by title only, and introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.45 TO, AND AMENDING SECTION 5.35.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO MEDICAL CANNABIS BUSINESSES IN THE CITY OF PALM SPRINGS;” and 4) Initiate and refer to the Planning Commission for hearing, review, and recommendation a zone text amendment titled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY.”  

ITEM 2.A. REVISED STAFF REPORT 12/06/2016 @ 8:00 p.m.

ITEM 2.A. REVISED ORDINANCE 12/06/2016 @ 8:00 p.m.


3.    LEGISLATIVE:

3.A.    PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE TO INCORPORATE EDUCATION REQUIREMENTS ASSOCIATED WITH WATER EFFICIENT LANDSCAPING FOR LANDSCAPE RELATED BUSINESSES AS A PREREQUISITE TO OBTAINING A BUSINESS LICENSE:  
RECOMMENDATION:  Waive the reading of the text in its entirety, read by title only, and introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.78.030 OF THE PALM SPRINGS MUNICIPAL CODE ‘OVERSEEDING EDUCATION REQUIREMENT’ TO INCORPORATE REQUIREMENTS FOR EDUCATION RELATED TO LANDSCAPING WATER EFFICIENCY.”

4.    UNFINISHED BUSINESS:

4.A.    APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE POLICE DEPARTMENT REMODEL PROJECT (CP 15-05):  
RECOMMENDATION: 1) Approve the plans, specifications, and estimate for the Police Department Remodel Project (CP 15-05); 2) Authorize staff to advertise and solicit bids for the Police Department Remodel Project (CP 15-05); and 3) Approve Amendment No. 5 in the amount of $5,025 to the Consulting Services Agreement with Urrutia Architects for a revised total contract amount of $198,455 for the Police Department Remodel Project (CP 15-05). A6465.

4.B.    INDIAN CANYON DRIVE TWO-WAY CONVERSION:  
RECOMMENDATION: 1) Approve Alternative No. 1 from the Indian Canyon Drive Two-Way Conversion Study prepared by Albert Grover & Associates (September 2013) as the Preferred Alternative for conversion of Indian Canyon Drive from one-way traffic circulation to two-way traffic circulation; and 2) Provide direction to staff for further action.
 
5.    NEW BUSINESS:

5.A.    REQUEST FOR A ONE-YEAR TIME EXTENSION BY ARMADA REAL ESTATE GROUP, LLC FOR TENTATIVE TRACT MAP 36689 AND TENTATIVE PARCEL MAP 36767 FOR “VIBE” A RESIDENTIAL DEVELOPMENT OF 93 MULTI-FAMILY DWELLING UNITS AND 72 SINGLE FAMILY DWELLING UNITS ON INDIVIDUAL LOTS ON A 24-ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FARRELL DRIVE AND EAST BARISTO ROAD (CASE 5.1046 PDD 232 AMND / TTM 36689 / TPM 36767 / 3.3974 MAJ):  
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM SEPTEMBER 17, 2016, TO SEPTEMBER 16, 2017, FOR TENTATIVE TRACT MAP 36689 AND TENTATIVE PARCEL MAP 36767, AS REQUESTED BY THE ARMADA REAL ESTATE GROUP, LLC FOR “VIBE”; A RESIDENTIAL DEVELOPMENT OF 93 MULTI FAMILY UNITS AND 72 SINGLE FAMILY HOMES ON INDIVIDUAL LOTS ON A 24-ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FARRELL DRIVE AND EAST BARISTO ROAD, SUBJECT TO CONDITIONS (CASE 5.1046; PDD 232 AMND / 3.3974 MAJ).”

5.B.    APPROVAL OF AN INSTALLMENT SALE AGREEMENT IN THE MAXIMUM AMOUNT OF $29,917,266 WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, AND AWARD OF A CONSTRUCTION CONTRACT TO W.M. LYLES CO. IN THE AMOUNT OF $20,522,737 FOR THE CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT (WWTP) UPGRADE (CP 15-14):  
RECOMMENDATION:  1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN INSTALLMENT SALE AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR PUBLICLY OWNED TREATMENT WORKS (POTW) CONSTRUCTION FINANCING FOR THE WWTP HEADWORKS AND CLARIFIER UPGRADE PROJECT, CLEAN WATER STATE REVOLVING FUND LOAN PROJECT NO. 8122-110 (CP 15-14) AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO;” 2) Award a construction contract to W.M. Lyles Co., in the amount of $20,522,737 for Bid Schedules A and B for the Wastewater Treatment Plant Upgrade Project (CP 15-14); 3) Delegate authority to the City Manager to approve and execute construction contract change orders up to a cumulative amount of 2.5% of the contract amount ($513,068) with all change orders reported to the City Council; 4) Authorize a Purchase Order in the amount of $298,524 with MWH Constructors, Inc., pursuant to the City’s “on-call” agreement for wastewater engineering, construction management, and inspection services for the WWTP Upgrade Project (CP 15-14); and 5) Authorize the City Manager to execute all necessary documents. A____.  A6687.  

5.C.    APPROVE THE SECOND OF FOUR ONE-YEAR EXTENSION OPTIONS TO THE TROLLEY SERVICES OPERATOR AGREEMENT WITH MV TRANSPORTATION INC. RENEWING THE BUZZ TROLLEY SERVICE FOR ONE YEAR EFFECTIVE DECEMBER 19, 2016, THROUGH DECEMBER 18, 2017:  
RECOMMENDATION:  1) Extend the Buzz Trolley service for an additional one year; 2) Approve the second of four one-year extension options to the Trolley Services Operator Agreement with MV Transportation, Inc. in an amount not to exceed $863,592 for the third year of service, effective December 19, 2016, through December 18, 2017, and 3) Authorize the City Manager or designee to execute all necessary documents.  A6564.  

5.D.    APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING DECEMBER, 2017:  
RECOMMENDATION:  Appoint a member of the Palm Springs City Council as Mayor Pro Tempore for the term ending December, 2017.

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 a Study Session, Wednesday, December 14, 2016, at 5:00 P.M. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The next regular City Council meeting will be Wednesday, January 4, 2017, 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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