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City Council Meeting Agenda and Staff Reports

November 6, 2013

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
Chris Mills, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, Councilmember
Paul Lewin, 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, Chief of Staff/City Clerk
Douglas C. Holland, City Attorney
Geoffrey S. Kiehl, Director of Finance and 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: Sharron Stroud, Inner Faith Spiritual Center.

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. PRAETOR INVESTMENT, LLC, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 333 (PDD 333) AND TENTATIVE PARCEL MAP (TPM 35236) FOR THE DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL UNITS AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD:
RECOMMENDATION: 1) Direct the Planning Commission to take action on the project at the November 13, 2013, meeting; 2) Continue the Public Hearing to November 20, 2013, with no public testimony at this time; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law.

1.B. GENERAL PLAN AMENDMENT FOR ZONING CONSISTENCY AND A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ON A ROUGHLY 35,766 SQUARE FOOT PARCEL AT THE NORTHEAST CORNER OF NORTH CERRITOS DRIVE AND EAST TAHQUITZ CANYON WAY (CASE 3.3625 MAJ / 5.1299 GPA):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Adopt Resolution ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY RESOLUTION NO. 22077, CHANGING THE LAND USE DESIGNATION FOR A ROUGHLY 35,766 SQUARE FOOT PARCEL LOCATED AT THE NORTHEAST CORNER OF EAST TAHQUITZ CANYON WAY AND NORTH CERRITOS DRIVE, FROM “O” (OFFICE) TO “MDR” (MEDIUM DENSITY RESIDENTIAL) FOR ZONING CONSISTENCY. APN’S 502-075-001 and 502-075-002; ZONE R-2.”

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 6, 2013, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 16, 2013.

2.C. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JANUARY 31, 2014:
RECOMMENDATION: Reappoint Jan Pye, as the City of Desert Hot Springs representative, to the Palm Springs International Airport Commission for the term ending January 31, 2014.

2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1830, AMENDING PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS:
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1830, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS.”

2.E. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2013:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of September 30, 2013.

2.F. WASTEWATER TREATMENT PLANT PERFORMANCE REVIEW REPORT (CP 13-17):
RECOMMENDATION: 1) Receive and file the report; and 2) Consider Veolia’s performance favorable and direct the City Manager to proceed with negotiations to enter into a new 15-year agreement with Veolia.

2.G. APPROVE TRACT MAP 36525 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SOL PS, LLC FOR A 46-LOT SINGLE FAMILY RESIDENTIAL UNIT TRACT MAP LOCATED ON 7.11 ACRES AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36525 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SOL PS, LLC;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. APPROVE SPECIAL CHANGE ORDER AUTHORITY TO THE SPECIAL PROJECTS COORDINATOR FOR THE CITYWIDE ENERGY PROJECT:
RECOMMENDATION: Grant Special Change Order Authority to the Special Projects Coordinator not to exceed 1% of the agreement amount with Chevron Energy Solutions for the Citywide Energy Project subject to regular reporting and consultation with the City Manager. A6375.

2.I. APPROVE AN AGREEMENT WITH BRICKLEY ENVIRONMENTAL FOR HAZARDOUS MATERIAL ABATEMENT IN CONNECTION WITH THE CITYWIDE ENERGY PROJECT IN THE AMOUNT OF $75,000:
RECOMMENDATION: 1) Approve a “Special Expertise” hazardous material abatement contract, under Municipal Code Section 7.04.030, with Brickley Environmental for City facilities that are being modified under the Chevron Energy Solutions contract, in an amount not to exceed $75,000; and 2) Authorize the City Manager to execute all required documentation. A____.

2.J. ACCEPT A FISCAL YEAR 2013 STATE HOMELAND SECURITY PROGRAM GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES AND THE RIVERSIDE COUNTY OFFICE OF EMERGENCY SERVICES IN THE AMOUNT OF $8,585:
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 $8,585; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.K. APPROVE AMENDMENT NO. 1 TO THE ANIMAL SHELTER SERVICES AGREEMENT WITH FRIENDS OF THE PALM SPRINGS ANIMAL SHELTER TO AMEND THE PAYMENT SCHEDULE TO MONTHLY:
RECOMMENDATION: 1) Approve Amendment No. 1 to the Animal Shelter Services Agreement with Friends of the Palm Springs Animal Shelter; and 2) Authorize the City Manager to execute the Amendment to the Agreement and all necessary documents to effectuate the Agreement. A6292.

2.L. MILLS ACT HISTORIC SITE AGREEMENT WITH ERIC ELLENBOGEN FOR “THE ABERNATHY HOUSE” PROPERTY SITUATED AT 611 PHILLIPS ROAD (HSPB 86):
RECOMMENDATION: 1) Approve a Mills Act Agreement with Eric Ellenbogen for “The Abernathy House” a Class 1 Historic Site located at 611 North Phillips Road; 2) Authorize the City Manager to execute the agreement, subject to review and approval of the City Attorney; and 3) Direct the City Clerk to record the agreement. A____.

2.M. MILLS ACT HISTORIC SITE AGREEMENT WITH LAWRENCE E. WOOD AND RODNEY L. LOVE FOR “THE TWIN PALMS ESTATES MODEL A2 HOME” PROPERTY SITUATED AT 992 LA JOLLA ROAD (HSPB 85):
RECOMMENDATION: 1) Approve a Mills Act Agreement with Lawrence E. Wood and Rodney L. Love for “The Twin Palms Estates Model A2 Home” a Class 1 Historic Site located at 992 La Jolla Road;
2) Authorize the City Manager to execute the agreement, subject to review and approval of the City Attorney; and 3) Direct the City Clerk to record the agreement. A____.

2.N. MILLS ACT HISTORIC SITE AGREEMENT WITH CRAIG HAMMOND AND ROYAL HAWAIIAN ESTATES FOR PROPERTY SITUATED AT 217 EAST TWIN PALMS DRIVE IN HISTORIC DISTRICT NO. 2 (HSPB 73/HD-2):
RECOMMENDATION: 1) Approve a Mills Act Agreement with Craig Hammond and Royal Hawaiian Estates for property located at 217 East Twin Palms Drive in Historic District No. 2 (HSPB 73/HD-2);
2) Authorize the City Manager to execute the agreement, subject to review and approval of the City Attorney; and 3) Direct the City Clerk to record the agreement. A____.

2.O. MILLS ACT HISTORIC SITE AGREEMENT WITH NOLA PROPERTIES FOR “THE DEL MARCOS HOTEL” PROPERTY SITUATED AT 225 WEST BARISTO ROAD (HSPB 78):
RECOMMENDATION: 1) Approve a Mills Act Agreement with NOLA Properties for “The Del Marcos Hotel” a Class 1 Historic Site located at 225 West Baristo Road; 2) Authorize the City Manager to execute the agreement, subject to review and approval of the City Attorney; and 3) Direct the City Clerk to record the agreement. A____.

2.P. PROFESSIONAL SERVICES AGREEMENTS WITH ALBERT GROVER & ASSOCIATES, ALBERT A. WEBB ASSOCIATES, HARRIS & ASSOCIATES, AND MSA CONSULTING, INC. FOR ON-CALL CIVIL ENGINEERING AND TRAFFIC ENGINEERING SERVICES:
RECOMMENDATION: 1) Approve an agreement with Albert Grover & Associates, for “on-call” Traffic Engineering services for an initial three (3) year term, subject to two additional one-year extensions approved at the discretion of the City Manager; 2) Approve an agreement with Albert A. Webb Associates, for “on-call” Traffic Engineering services for an initial three (3) year term, subject to two additional one-year extensions approved at the discretion of the City Manager; 3) Approve an agreement with Harris & Associates, for “on-call” Civil Engineering services for an initial three (3) year term, subject to two additional one-year extensions approved at the discretion of the City Manager; 4) Approve an agreement with MSA Consulting Inc., for “on-call” Civil Engineering services for an initial three (3) year term, subject to two additional one-year extensions approved at the discretion of the City Manager; and 5) Authorize the City Manager to execute all necessary documents. A____. A____. A____. A____.

2.Q. AUTHORIZE PURCHASE ORDER INCREASE TO TOTAL ENVIRONMENTAL FOR CONTINUED CHILLER RENTAL FOR THE SUNRISE COGENERATION PLANT:
RECOMMENDATION: Authorize an increase to the purchase order with Total Environmental, in the amount $15,000, for the chiller rental at the Sunrise Cogeneration Plant, for a total amount not to exceed $35,750.

2.R. APPROVE AMENDMENT NO. 2 TO CONSULTING SERVICES AGREEMENT NO. A5548 WITH HARRELL & COMPANY ADVISORS, LLC TO EXTEND THE TERM AND AMEND THE SCOPE OF SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 2 to the agreement with Harrell & Company Advisors, LLC; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A5548.

2.S. APPROVE PURCHASE ORDER FOR THE REPLACEMENT OF THE GYMNASIUM FLOOR AT DEMUTH PARK COMMUNITY CENTER MEASURE J PROJECT:
RECOMMENDATION: 1) Authorize a purchase order to Dels Flooring, for the replacement of the Demuth Park Community Center gymnasium floor in the amount $64,608; and 2) Authorize the City Manager to transfer $24,608 of unallocated Measure J funds to Account No. 260-4500-59408 (Measure J Demuth Park Gymnasium Floor Project) and notify the Measure J Commission.

2.T. APPROVAL OF A MUTUAL AID AND PUBLIC SAFETY AGREEMENT WITH THE CITIES OF CATHEDRAL CITY AND INDIO TO FORM A JOINT DESERT REGIONAL SPECIAL WEAPONS AND TACTICS AKA “DESERT SWAT” TEAM:
RECOMMENDATION: 1) Approve a mutual aid and public safety agreement with the Cities of Cathedral City and Indio to formalize the creation of a Joint Desert Regional Special Weapons and Tactics AKA “Desert SWAT” Team; and 2) Authorize the City Manager to execute all necessary documents. A____.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2013 CALIFORNIA BUILDING STANDARDS CODE, ADOPTING AND AMENDING THE 2013 CALIFORNIA FIRE CODE, ADOPTING AND AMENDING THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE, ADOPTING THE CITY OF PALM SPRINGS BUILDING ADMINISTRATIVE CODE, AND REPEALING ARTICLE VII OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO SWIMMING POOL SAFETY STANDARDS:
RECOMMENDATION: 1) Waive the reading of the text in its entirety and read by title only and introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2013 CALIFORNIA BUILDING CODE, INCLUDING APPENDICES C, I, AND J; THE 2013 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX H; THE 2013 CALIFORNIA MECHANICAL CODE; THE 2013 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, I AND K; THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL APPENDICES; THE 2013 CALIFORNIA EXISTING BUILDING CODE; THE 2013 CALIFORNIA HISTORIC BUILDING CODE, INCLUDING APPENDIX A; THE 2013 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2013 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; AND THE 2013 GREEN BUILDING STANDARDS CODE, INCLUDING ALL APPENDICES, AMENDING AND RESTATING ARTICLE IV OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING THE CITY OF PALM SPRINGS BUILDING ADMINISTRATIVE CODE, AND REPEALING ARTICLE VII OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO SWIMMING POOL SAFETY STANDARDS;" 2) Waive the reading of text in its entirety and read by title only and introduce the first reading of Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH ADDITIONS, AMENDMENTS AND DELETIONS, THE 2013 CALIFORNIA FIRE CODE, INCLUDING APPENDIX CHAPTER 4 AND APPENDICES A, B, BB, C, CC, F, H, I, J, K, L, M, AND N;" 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN LOCAL CONDITIONS REQUIRE AMENDMENTS, ADDITIONS AND DELETIONS TO THE CALIFORNIA BUILDING CODE, 2013 EDITION, THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION, AND THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION AND THE CALIFORNIA FIRE CODE, 2013 EDITION;” 4) Declare its intention to hold a public hearing on November 20, 2013; and 5) Direct the City Clerk to notice the public hearing pursuant to law.

4. UNFINISHED BUSINESS:

4.A. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE WELWOOD MURRAY MEMORIAL LIBRARY REMODEL PROJECT AND AMENDMENT NO. 4 OF THE ARCHITECT’S AGREEMENT (CP 10-05):
RECOMMENDATION: 1) Approve the Plans and Specifications for the Welwood Murray Memorial Library remodel project and authorize solicitation of bids (CP 10-05); 2) Approve Amendment No. 4 to Agreement No. A6267 for additional architectural design services in an amount not to exceed $42,800; and 3) Authorize the City Manager to execute all necessary documents. A6267.

4.B. PALM TREE LIGHTING ALONG PALM CANYON DRIVE:
RECOMMENDATION: 1) Direct the Measure J Commission to release $800,000 of the lighting funds, currently being held in reserve for the rebuilding of the Palm Canyon Drive electrical backbone system on Palm Canyon Drive between Vista Chino and Ramon Road; and 2) Provide direction to staff relating to the type of lighting to be installed/relamped on Palm Canyon Drive between Tramway Road and the bend at East Palm Canyon Drive.

4.C. FISCAL YEAR 2013-14 MEASURE J PROJECT/PROGRAM FUNDING RECOMMENDATIONS:
RECOMMENDATION: 1) Approve appropriations for certain projects and/or program funding for Fiscal Year 2013-14 in the amount of $5,608,359; and 2) Authorize the City Manager to execute all budget transfers necessary to effectuate the City Council action on appropriations.

5. NEW BUSINESS:

5.A. RESOLUTION OF PUBLIC CONVENIENCE FOR LEGENDS OF PALM SPRINGS, LLC. IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS FOR A PROPOSED COCKTAIL LOUNGE TO BE LOCATED AT 125 EAST TAHQUITZ CANYON WAY (CASE 5.1305-PCN):
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS (TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A PROPOSED COCKTAIL LOUNGE AT 125 EAST TAHQUITZ CANYON WAY (CASE 5.1305-PCN).”

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, November 20, 2013, 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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