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City Council Meeting Agenda and Staff Reports

April 1, 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:  Rev. Amanda Burr, United Methodist 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. 41st PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015-16 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-15-MC-06-0561 IN THE AMOUNT OF $343,175, AND APPROVING SUBRECIPIENT AGREEMENTS: 
RECOMMENDATION: 1) Continue 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 THE 2015-16 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN, APPROVING THE CDBG BUDGET FOR FISCAL YEAR 2015-16, AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH HUD (GRANT NO. B-15-MC-06-0561) IN THE AMOUNT OF $343,175 AND THE SUBRECIPIENT AGREEMENTS."  A5814. 

The Ranch Recovery Center      $80,777
Solar Panel Energy Conservation     A____. 

Desert AIDS Project       $72,294
Emergency Preparedness Generator      A____. 

Senior Advocates of the Desert      $15,000
Low-Income Seniors        A____. 

Fair Housing Council of Riverside     $30,000
Fair Housing Services        A____. 

Jewish Family Service of the Desert     $15,000
KidFirst Healthy Life Program       A____. 

Shelter from the Storm       $15,000
Client Case Management        A____. 

City of Palm Springs Dept. of Parks & Recreation   $19,987
James O. Jessie Desert Highland Unity Center Audio Visual Improvements

City of Palm Springs Dept. of Public Works & Engineering $50,000
Citywide ADA Curb Ramp and Sidewalk

1.B. 750 LOFTS, LLC MIXED-USE HOTEL DEVELOPMENT ON A 1.13 ACRE PARCEL LOCATED AT 750 NORTH PALM CANYON DRIVE, ZONE C-1 / R-3 / PD 104 / RESORT COMBINING ZONE / LAS PALMAS BUSINESS HISTORIC DISTRICT, CEQA MITIGATED NEGATIVE DECLARATION AND REPEALING RESOLUTION NO. 23757 REGARDING THE PREVIOUS APPROVAL OF THE HISTORIC SITE CERTIFICATE OF APPROVAL (HD-1) (CASE 5.1350 PDD 374 / GPA): 
RECOMMENDATION:  1) Repeal in its entirety Resolution No. 23757, "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);" 2) Table the public hearing, with no testimony at this time, and refer the project, including all related applications to the Planning Commission for further public hearing, review, and recommendation for Council consideration; and 3) Direct the City Clerk to re-notice the public hearing as required by law.

1.C. AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO ACCESSORY SECOND DWELLING UNITS (CASE 5.1341 ZTA): 
RECOMMENDATION: 1) Table the public hearing with no public testimony at this time; 2) Continue the Public Hearing to April 15, 2015; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law.

1.D. HISTORIC DISTRICT DESIGNATION FOR THE POMPEII DE LAS PALMAS CONDOMINIUMS LOCATED AT 221 THROUGH 231 WEST STEVENS ROAD AND 200 THROUGH 206 CAMINO NORTE AS HISTORIC DISTRICT NO. 4 (CASE HSPB 91/HD 4): 
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, DESIGNATING THE POMPEII DE LAS PALMAS CONDOMINIUMS LOCATED AT 221 THROUGH 231 WEST STEVENS ROAD AND 200 THROUGH 206 CAMINO NORTE AS HISTORIC DISTRICT NO. 4 (CASE HSPB 91/HD 4).”

1.E. AN ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO COUNCIL CALL UP OF COMMISSION AND BOARD ACTIONS AND SUSPENSION OF REGULATORY ORDINANCES (CASE 5.1341 ZTA):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive the reading of the ordinance text in its entirety and read by title only; and 3) Adopt Ordinance No. 1874, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.06.030, 6.12.030, AND 94.10.00 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO COUNCIL CALL UP OF COMMISSION AND BOARD ACTIONS AND THE SUSPENSION OF REGULATORY ORDINANCES 6.12.030 OF THE PALM SPRINGS MUNICIPAL CODE.”

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 April 1, 2015, City Council Agenda.

2.B. APPROVE AN AMENDMENT TO PURCHASE ORDER NO. 15-0652 WITH DESERT SECURITY SERVICES TO RESPOND TO VACATION RENTAL CALLS DURING CERTAIN HOURS: 
RECOMMENDATION:  1) Approve an amendment to Purchase Order No. 15-062 with Desert Security Services adding $17,000, for a total purchase order amount of $42,000, at the stated hourly rates; and 2) Authorize the City Manager to execute the Purchase Order.

2.C. AGREEMENT WITH SO CAL LAND MANAGEMENT, INC. FOR ROADSIDE MAINTENANCE SERVICES IN THE AMOUNT OF $81,020 (IFB 15-11): 
RECOMMENDATION: 1) Approve a contract services agreement with So Cal Land Maintenance, Inc. in the amount of $81,020 for roadside maintenance services; and 2) Authorize the City Manager to execute all necessary documents.  A____. 

2.D. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2015:
RECOMMENDATION: Receive and File the Treasurer’s Investment Report as of February 28, 2015. 

2.E. APPROVE THE COOPERATIVE PURCHASE FOR AIRPORT SEAT REPLACEMENT: 
RECOMMENDATION:  1) Approve the purchase of all materials, supplies, equipment and labor to replace the bottom and back seat cushions on 528 public seats at the Airport from TotalPlan, Inc. under the US Communities cooperative purchase agreement in the amount of $96,839.67; and 2) Authorize the City Manager to execute all necessary documents.

2.F. APPROVE A GRANT AGREEMENT UNDER THE CITY’S SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE AREAS PROGRAM IN THE AMOUNT OF $25,000 WITH PALM SPRINGS MOTORSPORTS, INC., FOR THE PROPERTY LOCATED AT 6550 NORTH INDIAN CANYON DRIVE: 
RECOMMENDATION:  1) Approve a Special Economic Development Focus Incentive Areas Program Interior Remodel Grant Agreement with Palm Springs Motorsports, Inc. in the amount of $25,000; and 2) Authorize the City Manager to execute all necessary documents.   A____. 

2.G. APPROVE PARCEL MAP 36693, DOS PALMAS DEVELOPMENT LLC, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES ROAD AND SUNRISE WAY: 
RECOMMENDATION:  Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 36693, DOS PALMAS DEVELOPMENT LLC, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES ROAD AND SUNRISE WAY, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

2.H. PARKS AND RECREATION COMMISSION RECOMMENDATION TO ALLOW DOGS OFF-LEASH IN CERTAIN DESIGNATED OFF-LEASH AREAS IN DEMUTH PARK AND RUTH HARDY PARK: 
RECOMMENDATION:  Receive and file. 

2.I. ACCEPTANCE OF THE PALM TREE REMOVAL AND REPLACEMENT PROJECT (CP 13-09): 
RECOMMENDATION:  1) Accept the public work improvement identified as the Palm Tree Removal and Replacement Project, City Project No. 13-09, and as completed; and 2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Palm Tree Removal and Replacement Project, City Project No. 13-09.

2.J. AUTHORIZE A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $47,900 WITH ALBERT A. WEBB & ASSOCIATES FOR ADDITIONAL TRAFFIC AND CEQA DESIGN SERVICES FOR BICYCLE CORRIDORS, PHASE 1 (CP 13-32): 
RECOMMENDATION:  1) Authorize a Purchase Order in the amount of $47,900 with Albert A Webb & Associates for traffic and CEQA design services; and 2) Authorize the City Manager to execute all necessary documents.  A6443. 

2.K. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH DUDEK & ASSOCIATES, INC.; INTERWEST CONSULTING GROUP, INC.; MWH CONSTRUCTORS, INC., WEST YOST ASSOCIATES, AND WILLDAN ENGINEERING FOR ON-CALL PUBLIC WORKS CAPITAL PROJECT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND FOR ON-CALL BUILDING INSPECTION SERVICES: 
RECOMMENDATION:  1) Approve an agreement with Dudek & Associates, Inc., for on-call Public Works capital project construction management and inspection services for an initial term through June 30, 2018, subject to two additional one year extensions approved at the discretion of the City Manager; 2) Approve an agreement with Interwest Consulting Group, Inc., for on-call Public Works capital project construction management and inspection services, and on-call building inspection services for an initial term through June 30, 2018, subject to two additional one year extensions approved at the discretion of the City Manager; 3) Approve an agreement with MWH Constructors, Inc., for on-call wastewater engineering, construction management and inspection services for an initial term through June 30, 2018, subject to two additional one year extensions approved at the discretion of the City Manager; 4) Approve an agreement with Willdan Engineering for on-call Public Works capital project construction management and inspection services, and on-call building inspection services for an initial term through
June 30, 2018, subject to two additional one year extensions approved at the discretion of the City Manager; 5) Approve an agreement with West Yost Associates for on-call wastewater engineering, construction management and inspection services for an initial term through June 30, 2018, subject to two additional one year extensions approved at the discretion of the City Manager; 6) Authorize the City Manager to approve individual Task Orders and issue Purchase Orders for amounts in excess of $25,000 for assigned on-call public works and/or building inspection services paid exclusively with developer “pass-through” fees received from construction permits or building permits pursuant to the terms of the Agreements; and 8) Authorize the City Manager to execute all necessary documents.  A____.  A____.  A____.  A____.  A____. 

2.L. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $71,695.98 WITH TRANE RENTAL SERVICES TO RENT A 250 TON CHILLER FOR THE AIRPORT: 
RECOMMENDATION:  1) Approve a Purchase Order in the amount of $71,695.98 with Trane Rental Services for chiller rental at the Airport; 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:  None. 

4. UNFINISHED BUSINESS:

4.A. APPROVAL OF PLANS AND SPECIFICATIONS FOR THE AIRPORT PARKING LOT IMPROVEMENT/LANDSCAPE CONVERSION PROJECT AND AUTHORIZATION TO BID: 
RECOMMENDATION: 1) Approve plans and specifications for the Airport Parking Lot/Landscape Conversion Project; and 2) Authorize Staff to advertise and solicit bids.

 
5. NEW BUSINESS:

5.A. APPROVAL TO PROCEED WITH BIDDING, APPROVAL TO PROCEED WITH PRE-PURCHASE OF EQUIPMENT, AND APPROVAL OF VARIOUS ACTIONS RELATED TO THE FINANCING OF PROJECT COSTS ASSOCIATED WITH THE CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT UPGRADE (CP 15-14): 
RECOMMENDATION:  1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE REIMBURSEMENT OF FUNDS REQUESTED FROM THE STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER STATE REVOLVING FUND FOR THE CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT UPGRADE, CITY PROJECT NO. 15-14;” 2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACT ON ITS BEHALF TO SIGN, FILE AND EXECUTE A FINANCIAL ASSISTANCE APPLICATION FOR A FINANCING AGREEMENT FROM THE STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER STATE REVOLVING FUND FOR THE CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT UPGRADE, CITY PROJECT NO. 15-14;” 3) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE REIMBURSEMENT OF FUNDS FROM THE PROCEEDS OF TAX-EXEMPT BONDS OR OTHER OBLIGATIONS FOR THE CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT UPGRADE, CITY PROJECT NO. 15-14;” 4) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that AndersonPenna Partners, Inc., has demonstrated experience and expertise of providing the required financial assistance services through a competitive qualifications based selection process completed by the South Coast Water District through its Request for Proposal (Contract No. 14-04-0006); 5) Approve an agreement with AndersonPenna Partners, Inc., in the amount of $39,220 for professional assistance in the preparation of applications forms, documents, financial and technical assistance in the submittal of a funding request to the California State Water Resources Control Board for a government loan of as much as $30 Million from the Clean Water State Revolving Fund (SRF) Program to finance the construction of the City of Palm Springs Wastewater Treatment Plant Upgrade, City Project No. 15-14; 6) Approve an agreement with Veolia Water West Operating Services, Inc., in the amount of $2,705,496 for professional engineering and construction management services associated with the construction phase of the City of Palm Springs Wastewater Treatment Plant Upgrade, City Project No. 15-14; 7) Authorize the pre-purchase of selected critical mechanical and electrical equipment required for the City of Palm Springs Wastewater Treatment Plant Upgrade, City Project No. 15-14, and authorize the issuance of a Purchase Order to Veolia Water West Operating Services, Inc., in the amount of $3,351,699.48; 8) Approve the plans, specifications, and working details for the City of Palm Springs Wastewater Treatment Plant Upgrade, City Project No. 15-14, and authorize staff to advertise for bids; and 9) Authorize the City Manager to execute all necessary documents.  A____.  A____. 

5.B. APPOINT A CITY COUNCIL AD HOC SUBCOMMITTEE TO REVIEW VACANT BUILDING AND VACANT LOT REGULATIONS: 
RECOMMENDATION:  Appoint two-members of the City Council to an ad hoc subcommittee to review Vacant Building and Vacant Lot regulations.

5.C. APPOINT A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE RECRUITMENT OF A NEW FIRE CHIEF: 
RECOMMENDATION:  Appoint two-members of the City Council to an ad hoc subcommittee for the recruitment of a new Fire Chief.

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, April 15, 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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