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City Council Meeting Agenda and Staff Reports

November 7, 2012

CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA

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

AGENDA


Steve Pougnet, Mayor
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, Councilmember
Paul Lewin, Councilmember
Chris Mills, Councilmember

City of Palm Springs Vision Statement: Palm Springs aspires to be a unique world class desert community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible, sustainable economic growth and to enhance our natural desert beauty. We are committed to providing responsive, friendly and efficient customer service in an environment that fosters unity among all our citizens.

David H. Ready, Esq., Ph.D., City Manager
James Thompson, City Clerk
Douglas C. Holland, City Attorney
Thomas Wilson, Assistant City Manager
Geoffrey S. Kiehl, City 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. 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.

4:30 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.

INVOCATION: Rabbi Sally Olins, 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. VIVANTE PALM SPRINGS, LLC AMENDMENT OF PLANNED DEVELOPMENT DISTRICT 341 (AMND B) AND TPM 35989 (AMND B) TO CONSTRUCT A MIXED-USE PROJECT CONSISTING OF AN ASSISTED LIVING FACILITY AND THREE COMMERCIAL BUILDINGS ON AN APPROXIMATE 10-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE (CASE 5.1160)Oversized Documents are available in the Office of the City Clerk (file too large to upload) 
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, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PDD 341 (AMND B), A MAJOR AMENDMENT TO PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 ESTABLISHING THE PDD AS A PDD IN LIEU OF A CHANGE OF ZONE FROM REO TO PD 341, APPROVING PDD 341 (AMND B) AND AMENDED TENTATIVE PARCEL MAP 35989 FOR THE SUBDIVISION INTO THREE LOTS AND DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND THREE COMMERCIAL BUILDINGS ON APPROXIMATELY 10 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE (CASE 5.1160).”

1.B. THE ARRIVE HOTEL BY THE PALM GROVE GROUP, LLC APPROVAL OF A 32-ROOM HOTEL DEVELOPMENT ON AN APPROXIMATE 1.27 ACRE SITE AT 1551 NORTH PALM CANYON DRIVE, ZONE C-1/R-3, RESORT COMBINING ZONE (CASE 5.1284 PDD 360): Oversized Documents
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, APPROVING PLANNED DEVELOPMENT DISTRICT 360 FOR THE ARRIVE HOTEL A 32-ROOM HOTEL WITH ACCESSORY RESTAURANT, RETAIL USES, OFF-STREET PARKING, AND LANDSCAPING ON AN APPROXIMATE 1.27-ACRE PARCEL LOCATED AT 1551 NORTH PALM CANYON DRIVE (APNS 5105-165-002, 003, 007, 009, 011, AND 012) (CASE 5.1284 PDD 360).”

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.

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 November 7, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 17, 2012, and October 18, 2012.

2.C. APPOINTMENT TO THE RENT REVIEW COMMISSION:
RECOMMENDATION: Appoint Bob Turanchik to the Rent Review Commission for the unexpired term ending June 30, 2013.

2.D. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2012:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of September 30, 2012.

2.E. ACCEPTANCE OF $51,850.00 IN GRANT FUNDING FROM THE UNIVERSITY OF CALIFORNIA BERKELEY, SAFE TRANSPORTATION RESEARCH AND EDUCATION CENTER (SAFETREC) FOR A SOBRIETY CHECKPOINT PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
RECOMMENDATION: 1) Accept $51,850 in grant funding from the University of California at Berkeley, Safe Transportation Research and Education Center, for a sobriety checkpoint program; and 2) Authorize the City Manager to execute all necessary documents. A6045.

2.F. AGREEMENT FOR MARKETING SERVICES WITH PALM SPRINGS LIFE MAGAZINE FOR YEAR-LONG PROMOTION OF THE CITY’S 75TH ANNIVERSARY BEGINNING IN JANUARY 2013:
RECOMMENDATION: 1) Approve an agreement with Palm Springs Life Magazine for the marketing of the 75th anniversary of the City of Palm Springs; and 2) Authorize the City Manager to execute all the necessary documents upon review and approval of the City Attorney. A____.

2.G. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF PALM DESERT TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2015:
RECOMMENDATION: Reappoint Rolf Hoehn, as the City of Palm Desert representative, to the Palm Springs International Airport Commission for the term ending June 30, 2015.

2.H. RESOLUTION AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE RECORDS OF THE BOARD OF EQUALIZATION TO CITY SALES TAX AUDITORS:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS.”

2.I. APPROVE AND AUTHORIZE THE SUBMITTAL OF THE ALTERNATIVE SITE FRAMEWORK APPLICATION AND RESOLUTION TO THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE
REORGANIZATION OF THE CITY OF PALM SPRINGS FOREIGN TRADE ZONE (FTZ NO. 236)
:
RECOMMENDATION: 1)) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE ALTERNATIVE SITE FRAMEWORK APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE BOUNDARY REORGANIZATION OF ITS EXISTING FOREIGN TRADE ZONE
NO. 236;” and 2) Authorize the City Manager to execute all necessary documents.

2.J. PURCHASE OF AIRPORT ASPHALT PAVEMENT SEALANT FROM GRANITE CONSTRUCTION IN THE AMOUNT OF $110,109.37 (IFB 13-04):
RECOMMENDATION: 1) Approve the purchase of 13,500 gallons of sealant concentrate, as specified in Invitation for Bid 13-04, from Granite Construction Company in the amount of $110,109.37; and 2) Authorize the City Manager to execute all necessary documents.

2.K. RATIFICATION AND AUTHORIZATION OF EMERGENCY CONTRACTS FOR CITY HALL ANNEX 2012 FIRE:
RECOMMENDATION: 1) Ratify the actions taken by the City Manager, for the public health and safety, and Agreements for Emergency Response and Emergency Restoration with Daniel’s DKI Clean Up and Restoration Services in response to the 2012 City Hall Annex Fire; and 2) Authorize the City Manager to take other such actions as deemed appropriate and necessary for the emergency response and emergency restoration in response to the incident. A6295.

2.L. AWARD OF CONTRACT FOR TRACT NO. 13257 SEWER IMPROVEMENTS (PHASE 2, CP 12-07):
RECOMMENDATION: 1) Approve an agreement with Borden Excavating, Inc. for Tract No. 13257 Sewer Improvements in the amount of $170,909 (Phase 2, CP 12-07); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.M. APPROVAL OF AIR QUALITY MANAGEMENT DISTRICT GRANT IN THE AMOUNT OF $38,000 FUNDS AND ALLOCATION OF MATCHING FUNDING IN THE AMOUNT OF $38,000:
RECOMMENDATION: 1) Approve Local Government Match Program Contract No. ML12019 to accept the grant award from South Coast Air Quality Management District in the amount of $38,000 for electric vehicle charging stations; 2) Authorize the use of matching funds available in the City Sustainability Fund Account No. 138-1270-58020 not to exceed $38,000; 3) Authorize the City Manager to execute all necessary documents. A____.

2.N. AGREEMENT WITH FISH WINDOW CLEANING FOR AIRPORT TERMINAL WINDOW CLEANING SERVICES IN THE AMOUNT OF $19,050 ANNUALLY:
RECOMMENDATION: 1) Approve the award of a Contract Services Agreement for Airport Window Cleaning, as specified in Invitation for IFB No. 13-01, to Fish Window Cleaning in the amount of $19,050 annually for three (3) years, and an optional two (2) years with the fee adjusted by the Consumer Price Index for this region; and 2) Authorize City Manager to execute all necessary documents. A____.

2.O. REPORT OF EMERGENCY REPAIR TO THE AIRPORT ESCALATOR PURSUANT TO PALM SPRINGS MUNICIPAL CODE 7.040.040(3) EMERGENCY PROCUREMENT:
RECOMMENDATION: 1) Ratify the emergency repairs by Kone Elevators in the amount of $43,000; and 2) Authorize the City Manager to execute all necessary documents.

2.P. PURCHASE OF A COMPUTER STORAGE AREA NETWORKARRAY (SAN) FROM COMPUTER DISCOUNT WAREHOUSE-GOVERNMENT (CDW-G) IN AN AMOUNT NOT TO EXCEED $33,454.78 FOR THE CITY HALL COMPUTER NETWORK:
RECOMMENDATION: 1) Approve the purchase of a Storage NetworkArray, switch, interface cards, and cable set from CDW-G for the City Hall Computer Network in an amount not to exceed $33,454.78; and 2) Authorize the City Manager to execute all necessary documents.

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

3. LEGISLATIVE:

3.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1814, AMENDMENTS TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1814, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS.” A0037.

4. UNFINISHED BUSINESS:

4.A. RECOMMENDATIONS FROM THE MEASURE “J” OVERSIGHT COMMISSION, APPROVING PROJECT EXPENDITURES FOR FISCAL YEAR 2012-13, AND APPROVING APPLICATION FORM AND CRITERIA FOR FUTURE YEARS:
RECOMMENDATION: 1) Approve project expenditures for Fiscal Year 2012-13 for Measure “J” funding as recommended by the Measure “J” Oversight Commission; 2) Direct the City Manager to execute all appropriate documents; and 3) Approve the Idea/Project Application Form and Evaluation Criteria Worksheet which will be used by the Measure “J” Oversight Commission to receive and evaluate project ideas from the public, and formulate the Commission’s recommendations to the City Council as part of the normal budget development process for future years.

4.B. WELWOOD MURRAY MEMORIAL LIBRARY SPACE PLAN APPROVAL AND ARCHITECTURAL DESIGN CONTRACT AMENDMENT FOR FINAL DESIGN AND BID DOCUMENT DEVELOPMENT:
RECOMMENDATION: 1) Approve the Welwood Murray Memorial Library interior space plan dated October 17, 2012; 2) Authorize architectural design and sub-consultant professional services to develop final plans and specifications for bidding of the project – in an amount not to exceed $75,000; 3) Authorize staff to proceed with removal of old carpeting and any hazardous materials from within the building – cost not to exceed $60,000; and 4) Authorize the City Manager to execute all required documentation for the project to proceed. A____.

5. NEW BUSINESS: None.

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 Wednesday, December 5, 2012 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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