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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
 
REGULAR MEETING AGENDA
            
           May 1, 2019        
 
                              
4:00 PM CLOSED SESSION
6:00 PM REGULAR MEETING

Robert Moon, Mayor
Geoff Kors, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Lisa Middleton, 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
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager 
Jeffrey S. Ballinger, City Attorney
Nancy Pauley, 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
 Click to View
 
CALL TO ORDER (Council Chamber):
 
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2).
 
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.   ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS:
RECOMMENDATION:
Receive and file the Administrative Appeals Board decisions from the April 10, 2019, hearings. Click to View
 
B.   AGREEMENT WITH INTELESYSONE FOR CITY-WIDE VOICE OVER IP TELEPHONE SYSTEM:
RECOMMENDATION:  
  1. Approve the cooperative purchase, and a 5-year support agreement, from IntelesysOne for a one-time purchase cost of $260,800, a 10% contingency to cover project modifications, and $15,900 annual 5-year support agreement in an amount not to exceed $79,500 plus applicable taxes over the 5-year contract period utilizing (NASPO) ValuePoint cooperative purchase contract 7-14-70-09.
  2. Authorize the City Manager to execute all necessary documents.
 Click to View
 
C.   MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 1805 SANDCLIFF ROAD, HSPB 93/HD-5:
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement with Michael T. Wells and Melanie A. Wells and Sandcliff Homeowners Association, for 1805 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
 Click to View
 
D.   AMENDMENT NO. 3 TO AGREEMENT NO. A5656 WITH KEENAN & ASSOCIATES FOR INSURANCE BROKERAGE AND THIRD-PARTY LIABILITY CLAIMS ADMINISTRATOR SERVICES:
RECOMMENDATION:
  1. Approve Amendment No. 3 to Keenan & Associates Agreement No. A5656 that adjusts the hourly rate to $90 for TPA Services; and extends the agreement for one (1) year, through June 30, 2020.
  2. Authorize the City Manager to execute all necessary documents.
 Click to View
 
E.   REIMBURSEMENT AGREEMENT IN THE AMOUNT OF $149,997 WITH PALM SPRINGS, LLC, FOR CONSTRUCTION OF STREET AND TRAFFIC SIGNAL IMPROVEMENTS TO BE INCLUDED AS PART OF THE INDIAN CANYON DRIVE TWO- WAY CONVERSION PROJECT, CP 17-08:
RECOMMENDATION:  
  1. Approve a Reimbursement Agreement with Palm Springs, LLC, in the amount of $149,997 to allow the City to perform certain street and traffic signal improvements originally required to be completed by the Developer as part of the Andaz Hotel project, to be included as part of the Indian Canyon Drive Two-Way Conversion Project, CP 17-08.
  2. Authorize the City Manager to execute all necessary documents.
 Click to View
 
F.   AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. A6923 WITH THE CITY OF CATHEDRAL CITY FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CP 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040):
RECOMMENDATION: 
  1. Approve Amendment No. 1 to Agreement No. A6923, with the City of Cathedral City for funding the Local Share costs of the Preliminary Engineering, Right of Way Phase, and the Construction Phase for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, CP 08-25, Federal-Aid Project No. BHLS-5282 (040).
  2. Authorize the City Manager to execute all necessary documents.
 Click to View
 
G.   APPROVE A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC., IN THE AMOUNT OF $309,248 FOR THE CONSTRUCTION OF THE 2019 SEWER COLLECTION SYSTEM REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY:
RECOMMENDATION: 
  1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services Inc., in the amount of $309,248 for the construction of 2019 Sewer Collection System Repairs at various locations throughout the City.
  2. Authorize construction to occur during night-time hours at the Indian Canyon Drive/Alejo Road and Alejo Road/Palm Canyon Drive intersections.
 Click to View
 
H.   APPROVAL OF TRACT MAP 31848 (FINAL PHASE) AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY:
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 31848 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER, AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.” A____. Click to View
 
I.   AMENDMENT NO. 20 TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) CONTRACT TO PROVIDE SECTION 20516 (EMPLOYEES SHARING ADDITIONAL COST) OF 3% FOR CLASSIC LOCAL FIRE MEMBERS:
RECOMMENDATION:
  1. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM." A0037.
  2. Authorize the City Manager to execute all documents necessary to effectuate this action.
 Click to View
 
J.   RESPONSE TO COUNCIL REQUEST FOR INFORMATION REGARDING THE IMPACT OF NEW STATE REQUIREMENTS FOR SOLAR PHOTOVOLTAIC SYSTEMS ON ACCESSORY DWELLING UNITS (ADUs):
RECOMMENDATION:
Receive and file. Click to View
 
K.   ONLINE SERVICES AGREEMENT WITH NEOGOV TO PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SYSTEM SERVICES:
RECOMMENDATION:   
  1. Approve an online services agreement with NeoGov to provide talent management and payroll software system services in an amount not to exceed $298,000 over three (3) years, effective July 1, 2019. A7016.
  2.  Authorize the City Manager to execute all necessary documents.
 Click to View
 
L.   APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council Meeting Minutes of December 10, 2018, December 17, 2018, December 18, 2018, and December 19, 2018. Click to View
 
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 THE APRIL 9, 2019, ACTION BY THE HISTORIC SITE PRESERVATION BOARD TO IMPOSE A STAY OF DEMOLITION FOR THE RESIDENCE AT 561 CAMINO NORTE (CASE 3.4088 MAA, ZONE R-1-A):                     
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony.
  2. Take no further action on the demolition application and refer the application to the Director of Planning Services for further administrative processing to issue the demolition permit; or
  3. As an alternative, adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING A STAY OF DEMOLITION AND DIRECTING STAFF TO PREPARE A HISTORIC RESOURCE REPORT FOR THE BUILDING AT 561 CAMINO NORTE, ZONE R-1-A (APN NO.
    505-173-001).”
 Click to View
 
B.   COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019–20 ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION; AND AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE FISCAL YEAR 2019–20 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 45th PROGRAM YEAR; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SUBRECIPIENT AGREEMENTS:
RECOMMENDATION:  
  1. Open the Public Hearing and receive public testimony.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2019-20 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2019-20; AUTHORIZING THE SUBMITTAL OF THE PLANS AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT (GRANT NO. B-19-MC-06-0561) WITH HUD IN THE AMOUNT OF $431,579 AND TO EXECUTE ALL SUBRECIPIENT AGREEMENTS.”

    City of Palm Springs Department of Parks & Recreation – James O. Jessie Desert Highland Unity Center
    Gymnasium Scoreboard & Wall Mats -                                          $15,067

    Desert AIDS Project – A6507
    Fire Suppression/Life & Safety Improvement -                              $200,327

    Mizell Senior Center – A6392
    Restrooms Health & Safety Renovations -                                    $50,067

    Stroke Recovery Center / Neuro Vitality Center – A5639
    Protective Shade Structure -                                                         $15,067

    Senior Advocates of the Desert – A6667
    Emergency Financial Aid to Low Income Seniors -                       $10,770

    Fair Housing Council of Riverside, Inc. – A6510
    Fair Housing Services -                                                                 $39,347

    City of Palm Springs Department of Parks & Recreation –
    Summer Camp Scholarships -                                                      $12,920

    Jewish Family Service of the Desert – A6512
    Preventing Homelessness Among Low Income -                         $15,523
 Click to View
 
C.   CONSIDER THE VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR BISNAGA AVENUE:
RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PORTION OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR BISNAGA AVENUE LOCATED SOUTH OF CHOLLA PLACE IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 18-09, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
 Click to View
 
3.   LEGISLATIVE:
 
A.   APPROVAL OF ALL WAY STOP INTERSECTIONS AT VARIOUS LOCATIONS WITHIN THE CITY OF PALM SPRINGS:
RECOMMENDATION:
  1. Waive the reading of the ordinance text in its entirety, read by title only, and introduce for first reading an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE, REVISING THE PRIMA FACIE SPEED LIMIT ON MESQUITE AVENUE BETWEEN EL CIELO ROAD AND VELLA ROAD.”
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO ESTABLISH ALL-WAY STOP CONTROLLED INTERSECTIONS AT FOUR LOCATIONS IDENTIFIED HEREIN IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE.”
 Click to View
 
B.   PROPOSED ORDINANCE AUTHORIZING ISSUANCE OF AIRPORT REVENUE BONDS AND PROVIDING FOR PROCEDURES AND TERMS; APPROVAL OF AGREEMENTS TO PAY FOR CONSULTING SERVICES RELATING TO AIRPORT BOND FINANCING: 
RECOMMENDATION:
  1. Waive the reading of the ordinance text in its entirety, read by title only, and introduce for first reading an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF AIRPORT REVENUE BONDS FOR THE PURPOSE OF FINANCING APPROVED PROJECTS AT 
     

    THE PALM SPRINGS INTERNATIONAL AIRPORT, AND PROVIDING THE PROCEDURES AND MATERIAL TERMS FOR THE ISSUANCE OF SUCH BONDS.”
  2. Approve a Professional Services Agreement with Jones Hall, a Professional Law Corporation for Bond Counsel services related to the issuance of PFC Bonds for the Palm Springs International Airport. A____.
  3. Approve a Professional Services Agreement with Norton Rose Fulbright, LP, for Disclosure Counsel services related to the issuance of PFC Bonds for the Palm Springs International Airport. A____.
  4. Designate Stifel Nicolaus & Company, Incorporated, to serve as the Investment Banking firm related to the issuance of PFC Bonds for the Palm Springs International Airport. A6583.
  5. Authorize the City Manager to execute all necessary documents.
 Click to View
 
4.   UNFINISHED BUSINESS: None.
 
5.   NEW BUSINESS:
 
A.   PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2019-20 AND FISCAL YEAR 2020-21 BUDGET:
RECOMMENDATION:
Provide direction to the City Council Budget Subcommittee and staff on any changes to the Preliminary FY 2019-20 and FY 2020-21 budget. Click to View
 
B.   REQUEST FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM SEPARATION DISTANCE REQUIREMENTS BETWEEN CANNABIS FACILITIES BY ARMOND STEPANYAN ON BEHALF OF THE ROCKSTAR CANNABIS CLUB, INC, FOR A CANNABIS DISPENSARY AT 530 SOUTH INDIAN CANYON DRIVE ZONE C-1, (CASE NO. 7.1576 AMM):
RECOMMENDATION:    
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) GRANTING RELIEF FROM THE 3,000 FOOT SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS FACILITIES FOR THE ROCKSTAR CANNABIS CLUB, INC. LOCATED AT 530 SOUTH INDIAN CANYON DRIVE (CASE 7.1572 AMM).” Click to View
 
C.   DISCUSSION OF A POTENTIAL CHANGE TO SECTION 6.04.110 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO THE “PLACING OF WASTE AND RECYCLABLES IN STREET”:
RECOMMENDATION:
Direct staff as appropriate. Click to View
 
D.   CONSIDERATION OF SCHEDULING MEETING TO CONDUCT INTERVIEWS FOR VARIOUS BOARDS AND COMMISSIONS:
RECOMMENDATION:
  1. Waive the procedures in Resolution No. 18804 Section 7(b), to allow for the City Council as a whole, to participate in the screening and interview of applicants for the Historic Site Preservation Board, Measure J Oversight Commission and the Planning Commission.
  2. Waive the procedures in Resolution No. 18804 Section 7(b) which provide for the Mayor to select and participate in all subcommittees.
  3. Select dates to schedule interviews for the Historic Site Preservation Board, Measure J Oversight Commission, and Planning Commission.
 Click to View
 
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, May 22, 2019, at 6:00 p.m. in the Council Chamber at City Hall, preceded by Closed Session, Small Conference Room at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
 
 
AFFIDAVIT OF POSTING

State of California               )
County of Riverside            )   ss.
City of Palm Springs           )
 
I, CYNTHIA A. BERARDI, Chief Deputy 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 April 26, 2019, and posted on the City’s website as required by established policies and procedures. 
 
                                                                                                                                                ____________________________
                                                                                                                                                CYNTHIA A. BERARDI, CMC
                                                                                                                                                Chief Deputy 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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