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City Council Meeting Agenda and Staff Reports

December 18, 2013

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA


Steve Pougnet, Mayor
Rick Hutcheson, Mayor Pro Tem
Ginny Foat, 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, 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 Channels 17, 26.103, and 121. 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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Pastor David Sanger, Our Savior’s Community Church.

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. 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 AND CONSIDERATION OF TWO INTERIM URGENCY ORDINANCES:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the text in its entirety and read by title only and adopt Interim Urgency Ordinance No. ____, “AN URGENCY 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." (4/5ths Vote Required); 3) Waive the reading of the text in its entirety and read by title only and adopt Interim Urgency Ordinance No. ____, “AN URGENCY 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." (4/5ths Vote Required); 4) Waive the reading of the text in its entirety and read by title only and adopt Ordinance No. 1832, “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;"
5) Waive the reading of the text in its entirety and read by title only and adopt Ordinance No. 1833, “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;" and 6) 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.”

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 December 18, 2013, City Council Agenda.

2.B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF NOVEMBER 2013:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 1 through November 30, 2013.

2.C. SET A PUBLIC HEARING DATE FOR THE SALE OF CITY-OWNED REAL PROPERTY CONSISTING OF .17 ACRES VACANT LAND LOCATED ON THE NORTH SIDE OF AVENIDA CERCA AND GRANADA ROAD TO ROBIN S. PLUNKETT (669-393-023):
RECOMMENDATION: Set a public hearing for the sale of city-owned real property to Robin S. Plunkett, 0.17 acres vacant land located on the north side of Avenida Cerca and Granada Road on January 15, 2014 (APN 669-393-023).

2.D. SUCCESSOR AGENCY LONG-RANGE PROPERTY MANAGEMENT PLAN:
RECOMMENDATION: Receive and File.

2.E. APPROVAL OF TRACT MAP 32233-5 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL CA II, LP FOR A 128-LOT SINGLE FAMILY RESIDENTIAL UNIT TRACT MAP LOCATED ON 23.479 ACRES AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 32233-5 AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL CA II, LP FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.F. LICENSE AGREEMENT WITH PB REALTY INVESTMENT, INC. FOR PLACEMENT OF “LAWN CHAIR” ON PRIVATE PROPERTY AT THE SKYLARK HOTEL LOCATED AT 1466 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve a License Agreement with PB Realty Investments, Inc. for placement of “Lawn Chair” on private property at the Skylark Hotel located at 1466 North Palm Canyon Drive; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.G. AWARD OF CONTRACT FOR THE RUTH HARDY PARK PARKING LOT REPAIRS PROJECT (13-08):
RECOMMENDATION: 1) Find the bids submitted by L.C. Paving & Sealing, Inc. and KAD Paving Company as non-responsive pursuant to Palm Springs Municipal Code Section 7.09.030; 2) Approve an agreement with United Paving Company for the Ruth Hardy Park Parking Lot Repairs Project in the amount of $147,636 (CP 13-08); and 3) Authorize the City Manager to execute all necessary documents. A____.

2.H. APPROVE AN AGREEMENT WITH URRUTIA A.I.A. AND ASSOCIATES, INC TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE REMODEL OF THE POLICE DEPARTMENT IN THE AMOUNT OF $79,700:
RECOMMENDATION: 1) Approve an architectural design agreement with Urrutia A.I.A. and Associates, Inc. for the remodel of the Police Department lobby/records area, the detective bureau, and the training center in an amount not to exceed $79,700; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. AMENDMENT NO. 1 TO AGREEMENT NO. A6233 WITH R. ROBLES PIPELINE LAYING, INC., DBA SOUTHERN VALLEY WATER FEATURES, FOR ROADSIDE MAINTENANCE:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement
No. A6233 with R. Robles Pipeline Laying, Inc., (dba Southern Valley Water Features) at an annual increase not to exceed $11,688 for a total annual amount not to exceed $75,340; and 2) Authorize the City Manager to execute all necessary documents. A6233.

2.J. SECOND READING AND ADOPTION OF ORDINANCE NO. 1834 AMENDING THE PALM SPRINGS ZONING CODE REQUIRING LAND USE PERMIT NOTIFICATION TO REPRESENTATIVES OF NEIGHBORHOOD ORGANIZATIONS AND CONCURRENT CASE PROCESSING (CASE 5.1312 ZTA):
RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1834, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPH 2 OF SUBSECTION D OF SECTION 94.02.01 OF, AMENDING PARAGRAPHS 1.b AND 10 OF SECTION 94.09.00, OF THE PALM SPRINGS ZONING CODE RELATING TO PROVISION OF ELECTRONIC NOTICE TO NEIGHBORHOOD ORGANIZATIONS OF PENDING LAND USE PERMITS.”

2.K. AUTHORITY TO AWARD THE UPTOWN CROSSWALKS CONTRACT FOR AN AMOUNT NOT TO EXCEED $230,000 (CP 13-10):
RECOMMENDATION: 1) Authorize the City Manager to award Uptown Crosswalk Project contract contingent upon the bid amount not exceeding the engineer’s final project estimate of $230,000 (CP 13-10); and 2) Authorize the City Manager execute all necessary documents. A____.

2.L. AMENDMENT NO. 2 TO ARCHITECTURAL SERVICES AGREEMENT NO. A6262 WITH URRUTIA A.I.A. AND ASSOCIATES, INC FOR AIRPORT PROJECTS:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement
No. A6262 with Urrutia A.I.A. and Associates, Inc for design, bid, permitting, and construction phase services in the amount not to exceed $26,275 to complete security checkpoint modification and auto door installation; and 2) Authorize the City Manager to execute all necessary documents, and approve up to a ten (10) percent increase in change orders over the total project amount. A6262.

2.M. APPROVE A FIVE-YEAR CONTRACT SERVICES AGREEMENT FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
RECOMMENDATION: 1) Approve an agreement with Advanced Inc., dba Progreen Building Maintenance, for janitorial services at various city owned facilities, for a three-year term at $234,000 per year, with two one-year renewal options subject to a CPI increase; 2) Authorize the City Manager to extend the current agreement for janitorial services for a period not to exceed two months, under the same terms and conditions, during the interim period; and 3) Authorize the City Manager to execute all necessary documents. A____. A5728.

2.N. RESCIND AWARD OF IFB 13-13 AND AWARD RE-BID IFB 14-06 FOR UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS DEPARTMENTS:
RECOMMENDATION: 1) Rescind the award of IFB 13-13 to Cintas Corporation and direct Staff to close Agreement No. A5615; 2) Approve an Agreement with Prudential Overall Supply for IFB 14-06, for uniform rental and cleaning services on the basis of unit prices for an estimated base amount of $46,237.68 per year, for the initial three-year term, with two one-year optional renewals; and 3) Authorize the City Manager to execute all necessary documents. A5615. A____.

2.O. DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2012-13:
RECOMMENDATION: 1) Receive and File the City’s Development Project Fee Report for Fiscal Year 2012-13; and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS AND ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 2012-13 DEVELOPMENT PROJECT FEE REPORT REQUIRED BY GOVERNMENT CODE SECTION 66000.”

2.P. SPECIAL TAX ANNUAL REPORTING FOR FISCAL YEAR 2012-13:
RECOMMENDATION: Receive and file Government Code Section 50075.3 reports relating to special taxes levied in the City’s Community Facilities District No. 2005-1 and Community Facilities District No. 2007-1 for Fiscal Year 2012-13.

2.Q. ACCEPTANCE OF HANGAR LEASE SURRENDER FROM HECKMANN ENTERPRISES:
RECOMMENDATION: 1) Approve surrender of a Lease Agreement No. A3978 with Heckmann Enterprises; 2) Approve the Donation Agreement for the hangar building of Desert Springs Aviation located at 3200 Aviation Way; and 3) Authorize the City Manager to execute all necessary documents. A3978.

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

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE EXEMPTING ON-SITE ADDITIONS OF SOLAR ENERGY SYSTEMS FROM PUBLIC ARTS FEES:
RECOMMENDATION: Waive the reading of the ordinance text, introduce by title only, and introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRAPH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES.”

4. UNFINISHED BUSINESS:

4.A. FINAL REPORT FROM GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR CONCEPTUAL DESIGN AND COST ESTIMATE FOR THE RENOVATION OF THE PALM SPRINGS PUBLIC LIBRARY:
RECOMMENDATION: Receive and File the Conceptual Design and Cost Estimate for the Renovation of the Palm Springs Public Library.

5. NEW BUSINESS:

5.A. IMPLEMENTATION OF MEASURE B AND THE IMPOSITION OF THE TAX ON THE OPERATIONS OF CANNABIS AND MARIJUANA COLLECTIVES AS APPROVED BY THE VOTERS AT THE MUNICIPAL ELECTION ON NOVEMBER 5, 2013, BY ADOPTION OF A RESOLUTION ESTABLISHING APPLICABLE TAX RATES AND AUDIT REQUIREMENTS; AND PROVIDE ADDITIONAL DIRECTION FOR THE PREPARATION OF AMENDMENTS TO THE CITY’S MEDICAL CANNABIS REGULATORY PROGRAM:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING (1) A TEN CENT PER ONE DOLLAR TAX ON MEDICAL CANNABIS COLLECTIVES OR COOPERATIVES APPROVED BY THE CITY COUNCIL AND (2) AUDIT REQUIREMENTS TO ENSURE TIMELY AND FULL COMPLIANCE WITH THE CITY’S CANNABIS AND MARIJUANA TAX ORDINANCE;” and 2) Provide direction to the City Attorney and Staff regarding additional issues and considerations related to the City’s medical cannabis regulatory program.

5.B. 1st QUARTER FISCAL YEAR 2013-14 BUDGET UPDATE:
RECOMMENDATION: Direct staff as appropriate.

5.C. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY COMMISSIONS AND BOARDS:
RECOMMENDATION: 1) Identify and direct the City Clerk to delete any inactive City Council Subcommittees; and 2) Review, Reappoint and/or Appoint City Council Subcommittees and Liaisons to Outside Organizations and City Council Liaisons to certain City Commissions and Boards.

5.D. APPOINT A MEMBER TO THE BOARD OF LIBRARY TRUSTEES FOR THE UNEXPIRED TERM ENDING JUNE 30, 2014:
RECOMMENDATION: Appoint a member to the Board of Library Trustees for the unexpired term ending June 30, 2014.

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, January 15, 2014, 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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