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City Council Meeting Agenda and Staff Reports

February 4, 2015

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
Paul Lewin, Mayor Pro Tem
Ginny Foat, Councilmember
Rick Hutcheson, 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
Marcus Fuller, Assistant City Manager/City Engineer
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.

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:  Girl Scout Troop 1744.

INVOCATION:  Pastor David Sanger, Our Savior’s Community 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.    APPEAL BY 750 LOFTS, LLC OF THE HISTORIC SITE PRESERVATION BOARD CONDITIONS ON THE CERTIFICATE OF APPROVAL FOR PLANNED DEVELOPMENT DISTRICT 374 TO CONSTRUCT A MIXED-USE DEVELOPMENT INCLUDING A 38-ROOM HOTEL, EIGHT RESIDENTIAL UNITS, AND ANCILLARY COMMERCIAL USES LOCATED AT 750 NORTH PALM CANYON DRIVE (CASE 5.1350 - PDD374 / GPA / CUP):
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 750 LOFTS, LLC, AND AMENDING THE CONDITIONS OF APPROVAL IMPOSED BY THE HISTORIC SITE PRESERVATION BOARD ON THE CERTIFICATE OF APPROVAL FOR PLANNED DEVELOPMENT DISTRICT 374, A MIXED-USE PROJECT INCLUDING 38 HOTEL ROOMS, EIGHT RESIDENTIAL UNITS, AND ANCILLARY COMMERCIAL SPACE LOCATED AT 750 NORTH PALM CANYON DRIVE, ZONE C-1 / R-3 / PD 104 / RESORT COMBINING ZONE / THE LAS PALMAS BUSINESS HISTORIC DISTRICT
(APN 505-303-018).”

1.B.    APPEAL BY KEN SEELEY AND ERIC MCLAUGHLIN OF INTERVENTION 911 OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FACILITY / SUBSTANCE ABUSE RECOVERY CENTER USE IN AN EXISTING FACILITY LOCATED AT 1590 EAST PALM CANYON DRIVE (CASE 5.1283 CUP):   
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, GRANTING IN PART AND DENYING IN PART THE APPEAL BY KEN SEELEY AND ERIC MCLAUGHLIN OF INTERVENTION 911 AND APPROVE A CONDITIONAL USE PERMIT, WITH CONDITIONS DEEMED APPROPRIATE, FOR AN ASSISTED LIVING FACILITY / SUBSTANCE ABUSE RECOVERY CENTER AT AN EXISTING FACILITY LOCATED AT 1590 EAST PALM CANYON DRIVE, APN 508-454-007, ZONE R-2 / R-3 / RESORT COMBINING ZONE (CASE 5.1283 CUP APPEAL).”  

1.C.    AN APPEAL BY KEN SEELEY AND ERIC MCLAUGHLIN OF INTERVENTION 911 OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FACILITY / SUBSTANCE ABUSE RECOVERY CENTER USE LOCATED AT 1425 VIA SOLEDAD (CASE 5.1282 CUP):  
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, GRANTING IN PART AND DENYING IN PART THE APPEAL BY KEN SEELEY AND ERIC MCLAUGHLIN OF INTERVENTION 911 AND APPROVE A CONDITIONAL USE PERMIT, WITH CONDITIONS DEEMED APPROPRIATE, FOR AN ASSISTED LIVING FACILITY / SUBSTANCE ABUSE RECOVERY CENTER AT AN EXISTING FACILITY LOCATED AT 1425 VIA SOLEDAD, APN 508-344-001, ZONE R-2 (CASE 5.1282 CUP APPEAL).”

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 February 4, 2015, City Council Agenda.

2.B.    APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of January 21, 2015.

2.C.    APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:  1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 1-03-15 BY WARRANTS NUMBERED 418963 THROUGH 418978 TOTALING $35,275.76, LIABILITY CHECKS NUMBERED 1075952 THROUGH 1075972 TOTALING $107,859.80, FIVE WIRE TRANSFERS FOR $118,237.19, AND THREE ELECTRONIC ACH DEBITS OF $1,306,106.50 IN THE AGGREGATE AMOUNT OF $1,567,479.25, DRAWN ON BANK OF AMERICA;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1075973 THROUGH 1076103 IN THE AGGREGATE AMOUNT OF $1,115,049.77, DRAWN ON BANK OF AMERICA;” and 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1076104 THROUGH 1076279 IN THE AGGREGATE AMOUNT OF $1,847,386.75, DRAWN ON BANK OF AMERICA.”

2.D.    SECOND READING AND ADOPTION OF ORDINANCE NO. 1870 AN ORDINANCE TO AMEND THE PALM SPRINGS MUNICIPAL CODE RELATING TO BID PROTESTS:  
RECOMMENDATION:  Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1870, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO BID PROTESTS."

2.E.    SECOND READING AND ADOPTION OF ORDINANCE NO. 1871 AN ORDINANCE AMENDING AND RESTATING CHAPTER 5.34 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS:  
RECOMMENDATION:  Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1871, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.34 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS."

2.F.    TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2014:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of December 31, 2014.  

2.G.    APPROVE SOLE SOURCE PURCHASE OF EQUIPMENT FOR THE PALM SPRINGS INTERNATIONAL AIRPORT RUNWAY PROJECT:  
RECOMMENDATION:  1) Approve the sole source purchase of two (2) Pulsed Light Scope Approach Indicators (PLASI) from DeVore Aviation Corp. in the amount of $29,048.50, inclusive of shipping and applicable taxes; and 2) Authorize the City Manager to execute all necessary documents.

2.H.    AMENDMENT NO. 1 TO AGREEMENT NO. A6208 WITH RKA CONSULTING GROUP FOR PLAN REVIEW SERVICES:  
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6208 with RKA Consulting Group, Inc. for building and safety plan review services to extend the term of the agreement for three (3) years; and 2) Authorize the City Manager to execute all necessary documents.  A6208.  

2.I.    APPROVE AN AGREEMENT WITH POWELL CONSTRUCTORS, INC. IN THE AMOUNT OF $2,487,990, AND APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A5580 WITH DOKKEN ENGINEERING IN THE AMOUNT OF $100,000 FOR CONSTRUCTION AND ENVIRONMENTAL SUPPORT SERVICES FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT [FEDERAL AID PROJECT NO. BHLS 5282 (026)  (CP 07-03)]:  
RECOMMENDATION:  1) Dismiss the bid protest submitted by MCM Construction, Inc. dated January 21, 2015; 2) Waive any informality (non-responsiveness), and award a construction contract to Powell Constructors, Inc., in the amount of $2,487,990 for the Bogert Trail Bridge Rehabilitation Project [Federal Aid Project No. BHLS 5282 (026)
(CP 07-03)]; 3) Approve Amendment No. 2 to Agreement No. A5580 with Dokken Engineering in the amount of $100,000, for a total contract amount of $718,985 for the Bogert Trail Bridge Rehabilitation Project [Federal Aid Project No. BHLS 5282 (026) (CP 07-03]; 4) Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of 10% of the contract amount ($248,799); and 5) Authorize the City Manager to execute all necessary documents.  A____.  A5580.  

2.J.    CHANGE ORDER NO. 1 IN THE AMOUNT OF $33,992.65 WITH GOLDEN VALLEY CONSTRUCTION FOR THE CITY HALL AND POLICE STATION PARKING LOTS REHABILITATION PROJECT (CP 01-17 AND 13-34):  
RECOMMENDATION: 1) Approve Change Order No. 1 to Agreement No. A6636 with Golden Vista Construction, Inc., dba Golden Valley Construction in the amount of $33,992.65 for City Hall and Police Station Parking Lots Rehabilitation (CP 01-17 and 13-34); 2) Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of 10% of the original contract amount ($92,748); and 3) Authorize the City Manager to execute all necessary documents.  A6636.  

2.K.    FISCAL YEAR 2013-14 COMMUNITY FACILITIES DISTRICTS 2005-1 AND 2007-1 ANNUAL ACCOUNTABILITY REPORTS:  
RECOMMENDATION:  Receive and file the Fiscal Year 2013-14 Community Facilities Districts 2005-1, Public Safety Services, and 2007-1, Tribal Land, Annual Accountability Reports.  

2.L.    APPROVE CHANGE ORDER NO. 3 TO AGREEMENT NO. A6548 WITH TRI-STAR CONTRACTING II, INC. FOR TRACT NO. 13257 (ARNICO TRACT) PHASE 3 SEWER IMPROVEMENTS (CP 13-26):   
RECOMMENDATION:  1) Approve Change Order No. 3 to Agreement No. A6548 in the amount of $2,257.50 with Tri-Star Contracting II, Inc. for Tract No. 13257 Phase 3 Sewer Improvements (CP 13-26); 2) Authorize a transfer from CDBG Unscheduled Capital Projects account number 137-4815-50000 in the amount of $2,000 to CDBG P.S. Arnico Tract Sewer Improvements account number 137-4815-63583; and 3) Authorize the City Manager to execute all necessary documents.  A6548.  
    
2.M.    MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION:  
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION, FOR THE PERIOD JULY 1, 2014, THROUGH JUNE 30, 2018, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING;” 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS);” and 3) Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above actions during the term of the MOU, including the allocation and compensation plan, side letters of agreement and non-substantial MOU language changes.  A5569.  
    
2.N.    APPROVE A PURCHASE ORDER WITH PALM SPRINGS WELDING IN THE AMOUNT OF $62,725 (PLUS APPLICABLE SALES TAX) FOR REPLACEMENT OF DAMAGED METAL SCULPTURES WITHIN THE GENE AUTRY TRAIL MEDIAN:  
RECOMMENDATION:  1) In accordance with Section 7.04.030 “Special expertise procurement,” of the Palm Springs Municipal Code, determine that Palm Springs Welding is uniquely qualified and an approved sole source for fabrication of metal “mountain” and “sail” sculptures originally installed in the Gene Autry Trail medians in 2003; 2) Approve a Purchase Order in the amount of $62,725 (plus applicable sales tax) with Palm Springs Welding; and 3) Authorize the City Manager to execute all necessary documents.

2.O.    COUNCIL CHAMBER, LARGE CONFERENCE ROOM, AND BROADCAST STUDIO AUDIO VISUAL UPGRADE PLANS AND SPECIFICATIONS APPROVAL:  
RECOMMENDATION:  1) Approve the Design, Specifications and Budget for the replacement of the audio visual systems in the Council Chambers, Large Conference Room and the Broadcast Studio; and 2) Authorize bidding of the project.  

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:

5.A.    FUNDING FOR OPERATION SERVICES OF THE COACHELLA VALLEY INNOVATION HUB AND PALM SPRINGS ACCELERATOR CAMPUS:    
RECOMMENDATION:  1) Approve additional funding for the operational services of the Coachella Valley Innovation Hub and Palm Springs Accelerator Campus in the amount of $131,320; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2014-15 TO PROVIDE AN ADDITIONAL $71,500 FOR THE COACHELLA VALLEY INNOVATION HUB PROGRAM;” and 3) Authorize the City Manager to execute all necessary documents.  

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, February 18, 2015, 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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