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Joint Meeting of the City Council and Measure J Commission and Regular Meeting

October 15, 2014

CITY COUNCIL
JOINT MEETING WITH THE MEASURE ‘J’ COMMISSION
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 Channel 17 and 26.103. 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.

5:00 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. JOINT MEETING
CITY COUNCIL AND THE MEASURE “J” COMMISSION

CALL TO ORDER: (Council Chamber)

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Rabbi Sally Olins, Temple Isaiah.

PRESENTATIONS:

PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council and Measure “J” Commission on items of general interest ONLY within the subject matter jurisdiction of the City Council and Measure “J” Oversight Commission. 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.

A. UPDATE AND PROGRESS REPORT OF MEASURE J FUNDS, CAPITAL IMPROVEMENT PROJECTS, DISCUSS FUTURE PROJECTS AND PRIORITIES:
RECOMMENDATION: Direct the Commission and Staff as appropriate.

7:00 P.M. REGULAR MEETING

CALL TO ORDER:

ROLL CALL:

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. CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT TWO WIRELESS TELECOMMUNICATION FACILITIES CONSISTING OF MONOPOLES, EXCEEDING THE MAXIMUM PERMITTED ZONING HEIGHT, AT A VACANT PARCEL OF LAND LOCATED ON THE WEST SIDE OF THE GOLDEN SANDS MOBILE HOME PARK AT 3430 NORTH SUNRISE WAY, APPLICANT DOUGLAS C. JONES (CASE NOS. 5.1321 CUP AND 6.533 VAR)(Due to file size, the color version of the staff report  is not available on the website.  Please see the Office of the City Clerk to review it.)
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Determine preference for final design of monopoles; and 3) Adopt Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE INSTALLATION AND OPERATION OF TWO FIFTY-SEVEN FOOT HIGH COMMERCIAL COMMUNICATION ANTENNA MONOPOLES, AND A VARIANCE APPLICATION TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR A VACANT PARCEL LOCATED AT 3430 N. SUNRISE WAY; WEST OF GOLDEN SANDS MOBILE HOME PARK AND LANDLOCKED BY PALM SPRINGS GOLF COURSE (CASE NOS. 5.1321 CUP AND
6.533 VAR).”

1.B. APPEAL OF THE PLANNING COMMISSION DECISION BY ADVOCATES FOR BETTER COMMUNITY DESIGN REGARDING A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A TWO-STORY COMMERCIAL BUILDING PROPOSED ON BLOCK “B” OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE SOUTHWEST CORNER OF ANDREAS ROAD AND PALM CANYON DRIVE (CASE 3.3606 MAJ):
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, DENYING THE APPEAL BY ADVOCATES FOR BETTER COMMUNITY DESIGN AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A TWO-STORY COMMERCIAL BUILDING AT THE SOUTHWEST CORNER OF ANDREAS ROAD AND PALM CANYON DRIVE
(CASE NO. 3.3606 MAJ).”

1.C. PALM SPRINGS, LLC, APPEAL THE DECISION OF THE PLANNING COMMISSION TO CONTINUE THE REVIEW OF A FINAL DEVELOPMENT PLAN APPROVAL FOR PLANNED DEVELOPMENT DISTRICT 324 TO CONSTRUCT A 150-ROOM HOTEL AND ANCILLARY COMMERCIAL USE LOCATED AT 400 NORTH PALM CANYON DRIVE AND THE FAILURE OF THE PLANNING COMMISSION TO FIND THAT THE FINAL DEVELOPMENT PLAN WAS IN SUBSTANTIAL CONFORMANCE OF THE APPROVED PRELIMINARY DEVELOPMENT PLAN (CASE NO. 5.1091- PD324-APPEAL):
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, UPHOLDING THE APPEAL OF PALM SPRINGS, LLC, AND FINDING THE FINAL DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT DISTRICT 324 IS IN CONFORMANCE WITH THE PRELIMINARY DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A 150-ROOM HOTEL, ANCILLARY COMMERCIAL RETAIL AND FREE STANDING PARKING STRUCTURE LOCATED AT THE SOUTHEAST CORNER OF ALEJO ROAD AND NORTH PALM CANYON DRIVE AND FINDING THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION NUMBER 2006109031 AS SUFFICIENT AND APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE FINAL DEVELOPMENT PLAN.”

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 October 15, 2014, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of October 1, 2014.

2.C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2014:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1, through September 30, 2014.

2.D. APPROVE THE FURNITURE PURCHASE FROM DESERT BUSINESS INTERIORS FOR THE WELWOOD MURRAY MEMORIAL LIBRARY PROJECT:
RECOMMENDATION: 1) Award the purchase of furniture for the Welwood Murray Memorial Library Project to Desert Business Interiors in the amount of $35,458.46, authorizing California Multiple Award Schedule contracts and negotiated discounts to acquire all furniture as selected by the Interior Designer; and 2) Authorize the City Manager to execute all required documentation.

2.E. APPROVAL OF AN ACCELERATED FINAL PAYMENT TO THE PALM SPRINGS ART MUSEUM FOR A MEASURE J FUNDED PROJECT, RESTORATION AND TRANSFORMATION OF THE FORMER SANTA FE FEDERAL SAVINGS AND LOAN BUILDING:
RECOMMENDATION: Authorize the City Manager to process the final payment of $284,000 to the Palm Springs Art Museum in Fiscal Year 2014-15. A6447.

2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A6465 WITH URRITIA A.I.A. ASSOCIATES FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES POLICE DEPARTMENT REMODEL PROJECT:
RECOMMENDATION: 1) Approve Amendment No. 2 to Agreement No. A6465 with Urritia A.I.A. and Associates for additional architectural and engineering services for the Report Writing Room, Dispatch Center, and other miscellaneous items needed for the Police Department Remodel in the amount of $28,550, for a total project design cost of $133,050; and 2) Authorize the City Manager to execute all necessary documents. A6465.

2.G. AWARD CONTRACT TO ST. GEORGE CONSTRUCTION CONTRACTING COMPANY, INC. FOR THE CABINETRY FOR THE WELWOOD MURRAY MEMORIAL LIBRARY PROJECT:
RECOMMENDATION: 1) Award the contract for cabinetry for the Welwood Murray Memorial Library Project to St. George Construction Contracting Company, Inc., base bid and the alternates, in the amount of $89,006; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.H. APPROVAL OF TRACT MAP 36715 FOR A NINE (9) UNIT CONDOMINIUM PROJECT AT 100 CERRITOS ROAD:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36715 FOR A NINE (9) UNIT CONDOMINIUM PROJECT LOCATED AT 100 CERRITOS ROAD, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST;” and 2) Authorize the City Manager to execute all necessary documents. A____.

2.I. AMENDMENT NO. 1 TO AGREEMENT NO. A6569 WITH CSG CONSULTANTS FOR FIRE PLANS EXAMINATION AND FIRE INSPECTION SERVICES RENDERED:
RECOMMENDATION: 1) Approve Amendment No. 1 to the contractual services agreement with CSG Consultants, Inc. for fire plans examination and fire inspection services rendered at the stated hourly rate; and 2) Authorize the City Manager to execute all necessary documents. A6569.

2.J. APPROVAL OF A SUBSTITUTE SUBDIVISION IMPROVEMENT AGREEMENT WITH AGAVE 28, LP FOR FINAL MAP 33161 FOR 32-SINGLE FAMILY HOMES LOCATED AT 300 RADIO ROAD:
RECOMMENDATION: 1) Close Subdivision Improvement Agreement No. A5436 with Sherman Las Vegas Road Housing, Inc. for Final Tract Map 33161 for 32-single family homes located at 300 Radio Road, in Section 34, Township 3 South, Range 4 East; 2) Approve substitute Subdivision Improvement Agreement with Agave 28, LP for Final Tract Map 33161 for 32-single family homes located at 300 Radio Road, in Section 34, Township 3 South, Range 4 East; and 3) Authorize the City Manager to execute all necessary documents. A5436. A____.

2.K. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WATER WEST OPERATING SERVICES, INC. FOR THE CONSTRUCTION OF THE 2014 SEWER COLLECTION SYSTEM REPAIRS AND FOR THE CONSTRUCTION PHASE OF THE TWO SOUTHERLY TRICKLING FILTERS ARM REPLACEMENT PROJECTS (CP 14-10 AND 14-12 RESPECTIVELY):
RECOMMENDATION: 1) Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc. in the amount of $469,978 for the construction of the Sewer Collection System Repairs Project (CP14-10); and 2) Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc. in the amount of $422,294 for the installation of the two southerly Trickling Filters Arm Replacement Project (CP 14-12).

2.L. APPROVE A 90-DAY EXTENSION OF THE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES TO COMPLETE NEGOTIATIONS FOR A NEW AGREEMENT TO MANAGE THE CITY’S WASTEWATER TREATMENT FACILITIES:
RECOMMENDATION: 1) Approve a 90-day extension of the Agreement with Veolia Water West Operating for the City’s Wastewater Treatment Facility; and 2) Authorize the City Manager to execute all necessary documents. A4123.

2.M. APPROVE AMENDMENT NO. 1 TO THE 2014-15 ALLOCATED POSITIONS AND COMPENSATION PLAN:
RECOMMENDATION: Adopt Resolution No. ____ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2014-15, ADOPTED BY RESOLUTION 23559.”

2.N. ESTABLISHING FEES FOR PEDICABS AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR PEDICABS AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS AMENDED.”

2.O. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR TAHQUITZ CANYON WAY MEDIAN LANDSCAPING FROM SUNRISE TO EL CIELO (CP 13-33):
RECOMMENDATION: 1) Approve the plans, specifications, and working details for Tahquitz Canyon Way Median from Sunrise to El Cielo and authorize staff to advertise for bids; and 2) Authorize the City Manager to award the construction contract to the lowest responsible, responsive bidder in an amount not greater than $1,800,000 (CP 13-33).

2.P. AUTHORIZE THE PROCUREMENT PROCESS AND PURCHASE OF 18 NEW REPLACEMENT VEHICLES AND RELATED VEHICLE EQUIPMENT (5 OF WHICH ARE ALTERNATIVE/FUEL EFFICIENT VEHICLES):
RECOMMENDATION: 1) Approve the purchase of one wheel loader in an amount not to exceed $240,000; 2) Approve the purchase of one water recycling car wash system in an amount not to exceed $135,000; 3) Approve the purchase of four (4) new patrol vehicles in an amount not to exceed $204,000; 4) Approve the purchase of two (2) patrol motorcycles in an amount not to exceed $42,000; 5) Approve the purchase of one alternative/fuel efficient van in an amount not to exceed $40,000; 6) Approve the purchase of one Fire Command SUV in an amount not to exceed $76,000; 7) Approve the purchase of one alternative/fuel efficient Ford Truck in an amount not to exceed $60,000; 8) Approve the purchase of one alternative/fuel efficient Ford Truck in an amount not to exceed $85,000; 9) Approve the purchase of Airport Replacement Vehicles (1) Boom Truck in an amount not to exceed $31,000, (1) trailer not to exceed $10,000, (1) Ford F-150 Truck in an amount not to exceed $61,000, and (1) Police Airport patrol vehicle not to exceed $51,000; 10) Approve the outfitting of all public safety vehicles pursuant to City Council approved and awarded BID No. IFB 14-09; 11) 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 all purchase orders for the approved list of vehicles, to expedite the acquisition process; 12) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2014-15, FOR VEHICLE REPLACEMENT; and 13) Authorize the City Manager to approve changes in vehicle prices insofar as the total amount of vehicle purchases does not exceed $1,055,000.

2.Q. APPROVE A PURCHASE ORDER FOR THE DEMUTH COMMUNITY CENTER GYMNASIUM FLOOR, A MEASURE J FUNDED CAPITAL PROJECT:
RECOMMENDATION: 1) Approve the issuance of a purchase order to Dynamic Sports Construction, Inc., in the amount of $75,598 for the replacement of the Demuth Community Center Gymnasium Floor; and 2) Authorize the City Manager to execute the purchase order.

2.R. AMENDMENT NO. 1 TO AGREEMENT NO. A5728 WITH ADVANCE, INC, DBA PROGREEN MAINTENANCE, TO INCREASE JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A5728 with Advance, Inc. dba PROGreen Building Maintenance, increasing the janitorial services at various city facilities in the amount of $81,088.92 annually, for a total annual cost of $315,088; and
2) Authorize the City Manager to execute all necessary documents. A5728.

2.S. AWARD CONTRACT FOR SECURITY AND FIRE DETECTION ALARM MONITORING, TESTING AND MAINTENANCE SERVICES AT VARIOUS CITY FACILITIES:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6139 with O’Linn Security Services to extend the term to November 30, 2014, in the amount of $7,925; 2) Award a contract services agreement for Security and Fire detection monitoring, testing and maintenance services with Maximum Security Alarm Systems of Palm Springs, CA for a 3 year term at $14,265 per year, with two 1 year renewal options subject to a CPI increase, at the mutual consent of the City and contractor; and 3) Authorize the City Manager to execute all necessary documents.

2.T. APPROVE CONTRACT FOR THE PALM TREE REMOVAL AND REPLACEMENT PROJECT, A MEASURE J FUNDED CAPITAL IMPROVEMENT PROJECT:
RECOMMENDATION: 1) Find the bid from Golden Valley Construction non-responsive; 2) Approve a unit price agreement with CV Construction and Engineering, in the amount of $141,141, for the removal and replacement of Palm Trees; and 3) 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: None.

4. UNFINISHED BUSINESS: None.

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.

RECESS TO CLOSED SESSION: (Small Conference Room) See Closed Session Agenda.

REPORT OF CLOSED SESSION: (Council Chamber)

ADJOURNMENT: The City Council will adjourn to Wednesday, November 5, 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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