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
            
           November 1, 2017          
 
    
4:00 PM CLOSED SESSION
6:00 REGULAR MEETING
Robert Moon, Mayor
Ginny Foat, Mayor Pro Tem
Geoff Kors, Councilmember
Chris Mills, 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
Kathleen D. Hart, MMC, Interim 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 (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:
 
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 Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094803 THROUGH 1094914 IN THE AGGREGATE AMOUNT OF $1,381,263.04, DRAWN ON BANK OF AMERICA;” and
  2. 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 1094915 THROUGH 1095040 IN THE AGGREGATE AMOUNT OF $1,943,009.66, DRAWN ON BANK OF AMERICA.”
 
B.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1766 SOUTH ARABY DRIVE, A CLASS 1 HISTORIC SITE, HSPB 103/HD-6:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Jennifer Parker-Stanton and Park South Homeowners Association, for 1766 South Araby Drive, a Class 1 Historic Site, HSPB 103/HD-6, A____;
  2. Authorize the City Manager to execute the Agreement; and
  3. Direct the City Clerk to record the Agreement.
 
C.   ACCEPTANCE OF THE 2016 PAVEMENT REHABILITATION PROJECT, CP 16-01:
RECOMMENDATION:
  1. Accept the 2016 Pavement Rehabilitation Project as completed in accordance with the plans and specifications, CP 16-01, A6878; and
  2. Authorize the City Engineer to execute and file a Notice of Completion for the 2016 Pavement Rehabilitation with the Riverside County Recorder.
 
D.   APPOINTMENT TO THE ADMINISTRATIVE APPEALS BOARD FOR THE UNEXPIRED TERM ENDING JUNE 30, 2018:
RECOMMENDATION:
Appoint Bruce Cronander to the Administrative Appeals Board for the unexpired term ending June 30, 2018.
 
E.   APPOINTMENT TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES:
RECOMMENDATION:
Re-appoint Douglas Kunz to the Coachella Valley Mosquito and Vector Control District Board of Trustees for the term ending December 31, 2021.
 
F.   AUTHORIZE A PURCHASE ORDER 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 Purchase Order in an amount sufficient to cover the costs of required services pursuant to On-Call Agreement No. A6686 on a “pass through” basis, with funds received for Federal, State, Regional, and locally funded capital projects to Interwest Consulting Group, Inc., for the duration of their On-Call Agreement for Public Works capital project construction management and inspection services; and
  2. Authorize the City Manager to execute all necessary documents.
 
G.   APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2017 ADA CURB RAMPS AND LIBRARY SIDEWALK, CP 17-11:
RECOMMENDATION:
Approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the 2017 ADA Curb Ramps and Library Sidewalk, CP 17-11.
 
H.   REPORT OF EMERGENCY RELACEMENT OF HYDRAULIC PORTABLE TRUCK LIFT AT THE PALM SPRINGS FLEET OPERATIONS FACILITY PURSUANT TO MUNICIPAL CODE SECTION 7.04.040:
RECOMMENDATION:
Receive and file the report for the emergency replacement of the hydraulic portable truck lift.
 
I.   AMENDMENT NO. 1 TO THE WASTEWATER SERVICES AGREEMENT NO. A6804 WITH VEOLIA WATER WEST OPERATING SERVICES, INC.  FOR DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL INDUSTRIAL PRETREATMENT PROGRAM AND STUDIES: 
RECOMMENDATION:
  1. Approve Amendment No. 1 to the Wastewater Services Agreement (Operations & Maintenance) with Veolia Water West Operating Services Inc. for development and implementation of a Municipal Industrial Pretreatment Program and studies to comply with the California Regional Water Quality Control Board Order R7-2017-013, A6804; 
  2. Authorize the issuance of a Purchase Order in the amount of $145,636 to Veolia Water West Operating Services, Inc. for preparation of various technical studies required by the California Regional Water Quality Control Board pursuant to its Order R7-2017-0013; and
  3. Authorize the City Manager to execute all necessary documents.
 
J.   NON-MONETARY MODIFICATION TO THE MEMORANDUMS OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REGARDING THE BODY PIERCING AND TATTOO POLICY:
RECOMMENDATION:
  1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFICATION OF THE MEMORANDUMS OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION, A5364, A5428;” and
  2. Authorize the City Manager to execute all necessary documents.
 
K.   AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. IN THE AMOUNT OF $219,454.44 FOR THE SOUTH PALM CANYON BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CP 12-02, FEDERAL-AID PROJECT NO. BRLS-5282 (042):
RECOMMENDATION:
  1. Approve Amendment No. 3 to Agreement No. A6594 with CNS Engineers, Inc. in the amount of $219,454.44, for an increased total contract amount of $1,215,457.59, for the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, CP 12-02, Federal Aid Project No. BRLS-5282 (042); and
  2. Authorize the City Manager to execute all necessary documents.
 
L.   APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. F047, WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS II AND CLASS III BICYCLE LANES, CP 14-14, FEDERAL-AID PROJECT NO. CML-5282 (044):
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F047 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $401,926 FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS II AND CLASS III BICYCLE LANES, CP 14-14, FEDERAL-AID PROJECT NO. CML-5282 (044), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS."  A____.
 
M.   APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council Minutes of July 5, 2017, and July 6, 2017.
 
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2. PUBLIC HEARINGS:
 
A.   A REQUEST FOR CITY COUNCIL REVIEW OF AN ACTION BY THE PLANNING COMMISSION TO DENY A LAND USE PERMIT APPLICATION BY DOUG AITKEN WORKSHOP FOR A TEMPORARY ART EXHIBIT ON LOT 22 (WINTER SUN DRIVE) OF THE DESERT PALISADES DEVELOPMENT, ZONE ESA-SP, CASE LUP 17-029:
RECOMMENDATION:
  1. Open the Public Hearing and receive testimony;
  2. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, DENYING A LAND USE PERMIT APPLICATION BY DOUG AITKEN WORKSHOP FOR A TEMPORARY ART EXHIBIT ON LOT 22 OF THE DESERT PALISADES DEVELOPMENT CASE LUP 17-029;” or
  3. As an alternative, adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, APPROVING A LAND USE PERMIT APPLICATION BY DOUG AITKEN WORKSHOP FOR A TEMPORARY ART EXHIBIT ON LOT 22 OF THE DESERT PALISADES DEVELOPMENT (CASE LUP 17-029).”
 
B.   CONSIDERATION OF A RECOMMENDATION BY THE HISTORIC SITE PRESERVATION BOARD FOR CLASS 1 HISTORIC SITE DESIGNATION OF “THE CROCKER–CITIZENS NATIONAL BANK” LOCATED AT 1711 EAST PALM CANYON DRIVE, ZONE CSC, CASE HSPB 109:
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony;
  2. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE CROCKER–CITIZENS NATIONAL BANK LOCATED AT 1711 EAST PALM CANYON DRIVE DOES NOT MEET THE DEFINITION OF A HISTORIC SITE;” or
  3. As an alternative, support the recommendation of the HSPB and adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE CROCKER-CITIZENS NATIONAL BANK LOCATED AT 1711 EAST PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE,  HSPB 109.”
 
3. LEGISLATIVE:  None
 
4. UNFINISHED BUSINESS:  None
 
             
5. NEW BUSINESS:
 
A.   NEIGHBORHOOD TRAFFIC CALMING PROGRAM REQUESTS:
RECOMMENDATION:
  1. Approve traffic calming improvements for the Little Tuscany Neighborhood consisting of installation of three rubberized speed cushions on W. Racquet Club Road (Tuscany Heights Dr. to N. Palm Canyon Dr.) at a cost not to exceed $30,000;
  2. Approve traffic calming improvements for the Gene Autry Neighborhood consisting of installation of four rubberized speed cushions on E. Via Escuela at a cost not to exceed $30,000;
  3. Approve traffic calming improvements for the Demuth Park Neighborhood consisting of installation of four speed feed-back signs on Mesquite Avenue (El Cielo Road to Vella Road) at a cost not to exceed $25,000;
  4. Approve traffic calming improvements for the Sunrise Park Neighborhood consisting of the installation of four speed feed-back signs and installation of painted parking spaces on Farrell Drive (Tamarisk Road to Tahquitz Canyon Way) at a cost not to exceed $50,000; and
  5. Authorize the City Manager to execute Purchase Orders to facilitate installation of the traffic calming improvements with a total cumulative cost not to exceed of $135,000.
 
B.   COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE, RIVERSIDE UNIVERSITY HEALTH SYSTEM-BEHAVIORAL HEALTH FOR HOMELESS OUTREACH SERVICES:
RECOMMENDATION:
Approve the Cooperative Agreement with the County of Riverside, Riverside University Health System-Behavioral Health for Homeless Outreach Services, as acceptable to the City Attorney, in the amount of $330,000 annually (50% in the approximate amount of $165,000 to be paid with matching funds from the Desert Healthcare Foundation).  A____ .
 
C.   APPROVE CONTRACT CHANGE ORDER NO. 1 TO HAL HAYS CONSTRUCTION INC. IN THE AMOUNT OF $837,090 FOR THE POLICE DEPARTMENT REMODEL, CP 15-05:
RECOMMENDATION:
  1. Approve Contract Change Order No. 1 in the amount of $837,090 to the construction contract (Agreement No. A7038) with Hal Hays Construction, Inc. to add Bid Schedule 400, Men’s and Women’s Locker Rooms scope of work as part of the Police Department Remodel Project, CP 15-05; and
  2. Authorize the City Manager to execute all necessary documents.
 
D.   AUTHORIZE THE PURCHASE OF 25 NEW REPLACEMENT VEHICLES AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,600,000:
RECOMMENDATION:
  1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve the purchase of 19 new Ford Utility Interceptors, or equivalent patrol vehicle model, for the Police Department to replace Units 203909, 207603, 203208, 201107, 202606, 204608, 202803, 205607, 207208, 202509, 208608, 2D5307, 200809, 2D1111, 2D3508, 201306, 201608, 2D3106, and 2D4106 through the Lease Servicing Center, Inc., dba National Cooperative Leasing, through the National Joint Powers Alliance Cooperative Contract 032615-NCL; 
  2. Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY OF A PURCHASE ORDER IN THE PRINCIPAL AMOUNT OF $766,430.55 BETWEEN LEASE SERVICING CENTER, INC., DBA NATIONAL COOPERATIVE LEASING AND THE CITY OF PALM SPRINGS, CALIFORNIA;  PROVIDING 60 LEASE PAYMENTS OF $14,024.31 EACH FROM LEGALLY AVAILABLE FUNDS; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH;” 
  3. After receipt of replacement vehicles, declare the existing Police Department patrol vehicles, Units 203909, 207603, 203208, 201107, 202606, 204608, 202803, 205607, 207208, 202509, 208608, 2D5307, 200809, 2D1111, 2D3508, 201306, 201608, 2D3106, and 2D4106 as surplus vehicles and authorize the City Manager, or designee, to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; 
  4. Authorize the purchase of 4 new Ford F-150 trucks, or equivalent sport utility vehicle model, including required outfitting, for the Police Department and Maintenance/Facilities Department to replace Units 2D7506, 203002, 209302, and 505298; 
  5. Authorize the purchase of 1 new Ford E-150 15 passenger van, or equivalent vehicle model, including required outfitting, for the Police Department to replace Unit 209098; 
  6. Authorize the purchase of 1 new Ford F-350 truck, or equivalent vehicle model, including required outfitting, for the Maintenance/Facilities Department to replace Unit 990999; and
  7. Authorize staff to conduct the appropriate bid processes, or utilize cooperative purchase contracts, if available, in accordance with Procurement procedures and authorize the City Manager to execute all necessary documents, including Purchase Orders for the new replacement vehicles and equipment, in a total cumulative amount not to exceed $1,600,000.
 
E.   ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE EAST PALM CANYON BRIDGE REHABILITATION OVER PALM CANYON WASH, FEDERAL AID PROJECT NO. BRLS-5282 (041), CP 12-04:
RECOMMENDATION:
  1. Adopt Resolution No. _____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE EAST PALM CANYON BRIDGE REHABILITATION OVER PALM CANYON WASH, FEDERAL AID PROJECT NO. BRLS-5282 (041), CP 12-04;”
  2. Authorize the City Manager to enter into Consulting Services Agreements and a Compliance Monitoring and Funding Agreement with the Center for Natural Lands Management in the aggregate amount not to exceed $250,000 as needed to establish a permanent 5.13 acre Casey’s June Beetle Preserve over that certain City property identified by Assessor’s Parcel Number 510-210-003, inclusive of authorization to execute a Conservation Easement Deed, A6140, A6204; and
  3. Authorize the City Manager to execute all related documents.
 
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,
November 15, 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.
 
 
AFFIDAVIT OF POSTING

State of California               )
County of Riverside            )   ss.
City of Palm Springs           )
 
I, Kathleen D. Hart, Interim 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 11:30 p.m., on October 26, 2017, and posted on the City’s website as required by established policies and procedures. 
 
                                                                                                                                                ____________________________
                                                                                                                                                KATHLEEN D. HART, MMC
                                                                                                                                                Interim 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.