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HomeMy WebLinkAbout11/2/2005 - STAFF REPORTS CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 www.ci.palm-springs.ca.us AGENDA ��`F0.lM SARI i November 2, 2005 w N 5:00 PM CLOSED SESSION 6:00 PM REGULAR MEETING ra�IFoRa*r Ron Oden, Mayor Mike McCulloch, Mayor Pro Tern Ginny Foat, Councilmember Chris Mills, Councilmember Steve Pougnet, 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, City Manager James Thompson, City Clerk Douglas C. Holland, City Attorney Craig Graves, City Treasurer Troy Butzlaff, Assistant City Manager Thomas Wilson, Assistant City Manager 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/Community Redevelopment Agency Members 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 on a Public Hearing must file a "Speaker Card" with the City Clerk BEFORE the Public Hearing is called. Complete City Council Agenda Packets are available for public inspection at: City Hall Office of the City Clerk, Palm Springs Library and the Palm Springs Police Station. Agenda and staff reports are available on the City's website www.d.oalm-springs.ca.us. 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 cablecast live on PSCTV Channel 17. Meetings are re-broadcast(following the meeting) cm 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 Phil Kaplan, 323-8219, 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. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY CLOSED SESSION CALL TO ORDER: PUBLIC COMMENT: 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: See Closed Session Agenda. 6:00 P.M. CITY COUNCIL REGULAR MEETING CALL TO ORDER: PLEDGE OF ALLEGIANCE: Boy Scout Troop 262. INVOCATION: ROLL CALL: PRESENTATIONS: 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. REPORT OF CLOSED SESSION: 1. PUBLIC HEARINGS: 1.A. PROPOSED ORDINANCE MODIFYING REGULATIONS FOR THE USE OF ALARMS AND ALARM SYSTEMS: RECOMMENDATION: Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.02.005, SUBSECTIONS (3), (5), (6), AND (7) OF SECTION 5.02.010, SECTION 5.02.020, SECTION 5.02.045, SUBSECTIONS (a) and (b) OF SECTION 5.02.075, AND SUBSECTION (a)(2) OF SECTION 5.02.080 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO FALSE ALARM RESPONSE CIVIL PENALTIES." 1.13. CASE 5.1071 PD 318, TTM33989, AN APPLICATION BY SEVAK KACHADURIAN, FOR A TENTATIVE PARCEL MAP AND PLANNED DEVELOPMENT DISTRICT, LOCATED ON THE NORTHEAST CORNER OF SEPULVEDA AND LOS FELICES, ZONE RGA-6, SECTION 3, APN 504-092-001 AND 504-092-002: RECOMMENDATION: 1) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, City Council Agenda November 2,2005 Page 3 CALIFORNIA, APPROVING CASE 5.1071 PD 318, TTM33989, AN APPLICATION BY SEVAK KACHADURIAN, FOR A TENTATIVE PARCEL MAP AND PLANNED DEVELOPMENT DISTRICT, TENTATIVE PARCEL MAP IS TO SUBDIVIDE APPROXIMATELY 22,777, .52 ACRES INTO 3 LOT, PLANNED DEVELOPMENT DISTRICT IS TO CONSTRUCT 3 NEW DETACHED SINGLE FAMILY RESIDENCES, LOCATED ON THE NORTHEAST CORNER OF SEPULVEDA AND LOS FELICES, ZONE RGA-6, SECTION 3, APN 504-092-001 AND 504-092-002;" and 2) Order filing of the Notice of Exemption, pursuant to the California Environmental Quality Act (CEQA), Section 15303 New Construction or Conversion of Small Structures, regarding the Class 3 Categorical Exemption for this project. The City Council will convene as a Joint Meeting of the City Council and the City of Palm Springs Community Redevelopment Agency. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY JOINT PUBLIC HEARING RA1. APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH GEIGER, LLC, FOR THE DISPOSITION OF 14 ACRES OF AGENCY-OWNED LAND FOR THE PURPOSE OF DEVELOPING A 393,000 SQUARE FOOT RETAIL SHOPPING CENTER ON 38 ACRES OF LAND AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111) IN THE CITY OF PALM SPRINGS, MERGED REDEVELOPMENT PROJECT AREA NO. 1: RECOMMENDATION: 1) Continue the Joint Public Hearing to November 16, 2005, without public testimony; and 2) Direct the City Clerk/Assistant Secretary to post a Notice of Continued Public Hearing. Adjourn as the City of Palm Springs Community Redevelopment Agency and reconvene as the City Council. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council/Community Redevelopment Agency Members on Consent Calendar and other Agenda items; and items of general interest within the subject matter jurisdiction of the City. Although the City Council/Community Redevelopment Agency Members value 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. C OUNCILMEMBER COMMENTS AND REQUESTS: This portion of the meeting is set aside for general comments, announcements, requests of staff, 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. City Council Agenda November 2,2005 Page 4 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 POSTING OF THE AGENDA: RECOMMENDATION: Receive and File Report on the Posting of the November 2, 2005, City Council Agenda. 2.B. APPROVAL OF MINUTES: RECOMMENDATION: Approve the City Council Minutes of October 19, 2005, and October 26, 2005. 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1008629 THROUGH 1008935 IN THE AGGREGATE AMOUNT OF $1,473,694.76 DRAWN ON BANK OF AMERICA;" 2) 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 10/8/05 BY WARRANTS NUMBERED 409382 THROUGH 409449 TOTALING $83,477.72, LIABILITY CHECKS NUMBERED 1008598 THROUGH 1008628 TOTALING $132,748.33, THREE WIRE TRANSFERS FOR $90,518.48, AND THREE ELECTRONIC ACH DEBITS OF $881,006.09 IN THE AGGREGATE AMOUNT OF $1,187,750.62 DRAWN ON BANK OF AMERICA." 2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1677, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES): RECOMMENDATION: 1) Waive further reading; and 2) Adopt Ordinance No. 1677, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)." 2.E. CONVENTION CENTER— CHILLER REPLACEMENT: RECOMMENDATION: Adopt Minute Order No. , Approving the purchase and installation of a replacement 250 ton absorption chiller for the Convention Center from York International Corporation in the amount of $288,671. City Council Agenda November 2,2005 Page 5 2.F. PALM SPRINGS SENIOR CITIZEN COMPLEX - LEASE AMENDMENT NO. 3 TO AGREEMENT NO. A1529 WITH THE PALM SPRINGS SENIOR AFFORDABLE, L.P.: RECOMMENDATION: 1) Adopt Minute Order No. Approving Amendment No. 3 to Agreement No. A1529 with the Palm Springs Senior Affordable, L.P.; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A1529. 2.G. PALM SPRINGS SENIOR FORUM PROCEEDINGS: RECOMMENDATION: Receive and File. 2.H. SHORT-TERM EXTENSION OF WASTEWATER SERVICES AGREEMENT WITH VEOLIA: RECOMMENDATION: 1) Adopt Minute Order No. Approving Amendment No. 6 to Agreement No. A4123 with Veolia Water North America-West, LLC (formerly US Filter Operating Services Incorporated) extending the term through June 30, 2006, and making modifications to the original agreement; 2) Authorizing the City Manager to execute all documents to effectuate the agreement; 3) Expand the role of the Wastewater Treatment Plan Subcommittee (Mayor Oden and Councilmember Pougnet) to work with staff to negotiate a longer extension with Veolia. A4123. 2.1. COST OF LIVING INCREASE FOR UNREPRESENTED EMPLOYEES, FOR THE FISCAL YEAR 2005-06: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING A COST OF LIVING INCREASE FOR UNREPRESENTED EMPLOYEES, FOR THE FISCAL YEAR 2005-06." 2.J. AGREEMENT WITH P & D CONSULTANTS FOR FIELD REVIEW AND INSPECTION SERVICES: RECOMMENDATION: 1) Adopt Minute Order No. Approving an agreement with P & D Consultants, for field review and inspection services for the Desert Water Agency's new maintenance facility and operations center renovation project, in an amount not to exceed $29,750.00; and 2) Authorize the City Manager to execute all necessary documents. A 2.K. CHANGE ORDER NO. 2 TO AGREEMENT NO. A4989 WITH INTERNATIONAL PAVEMENT SOLUTIONS, INC. (IPS) FOR 2004 CITYWIDE ARHM OVERLAY,CITY PROJECT NO. 04-01: RECOMMENDATION: 1) Adopt Minute Order No. , Approving Change Order No. 2 to Agreement No. A4989 with IPS for 2004 Citywide ARHM overlay, City Project No. 04-01, in the amount of $24,685.96 for a total revised contract amount of $358,425.96; and 2) Authorize the City Manager to execute all necessary documents. A4898. City Council Agenda November 2,2005 Page 6 2.L. PROPOSED RESOLUTION URGING TENET HEALTHCARE CORPORATION TO REOPEN THE PSYCHIATRIC UNIT AT DESERT REGIONAL MEDICAL CENTER: RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING SERIOUS CONCERN OVER THE LACK OF PROPER FACILITIES TO TREAT THE MENTALLY ILL IN THE COACHELLA VALLEY AND STRONGLY URGE TENET HEALTHCARE CORPORATION TO REOPEN THE PSYCHIATRIC UNIT AT DESERT REGIONAL MEDICAL CENTER UNTIL ADDITIONAL MENTAL HEALTH FACILITIES CAN BE DEVELOPED." 2.M. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2005: RECOMMENDATION: Receive and File Treasurer's Investment Report as of September 30, 2005. EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time. 21. LEGISLATIVE: None. 44. UNFINISHED BUSINESS: 4.A. PROPOSED CHANGE ORDERS FOR EXPANDSION/HOLDROOM — SECURITY CHECKPOINT PHASE III (PART 2) AIP 3-06-0181-37, CHANGE ORDER NO. 2 TO AGREEMENT A4925 WITH ANTAR- COM/SYSTEMS INTEGRATION, INC. FOR ADDITIONAL CONSTRUCTION WORK; AMENDMENT NO. 12 TO AGREEMENT NO. A4382, WITH GENSLER ARCHITECTURAL SERVICES FOR ADDITIONAL DESIGN WORK; AND CHANGE ORDER NO. 1 TO AGREEMENT NO. A5167 WITH SOUTHERN CALIFORNIA SOILS & TESTING, INC., FOR ADDITIONAL MATERIAL AND TESTING: RECOMMENDATION: 1. Adopt Minute Order No. Authorizing Change Order No. 2 to Agreement No. A4925 with Antar-Com/Systems Integration, Inc. to provide additional upgrades and enhancements to the Airport's Security and Access and Public Information Display Systems in the amount of$285,168.47, City Project No. 2003-17. 2. Adopt Minute Order No. Authorizing Amendment No. 12 to Agreement No. A4382, with Gensler Architectural Services for additional design work for the Expansion/Holdroom-Security Checkpoint Phase III (Part 2) in the amount of $150,000, City Project No. 2005-10. 3. Adopt Minute Order No. Authorizing Change Order No. 1 to Agreement No. A5167, with Southern California Soils & Testing, Inc., to provide additional construction material testing for the City Council Agenda November 2,2005 Page 7 Expansion/Holdroom-Security Checkpoint Phase III (Part 2) project in the amount of$11,540; City Project No. 2005-01. 4. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." 4.B. REVIEW OF THE MODIFIED CITY COUNCIL RULES OF PROCEDURES AND THE CONDUCT OF MEETINGS ADOPTED BY RESOLUTION NO. 21201: RECOMMENDATION: Direct staff as appropriate. 5. NEW BUSINESS: 5.A. ACCEPTANCE OF A GIFT OF 16.98± ACRES OF LAND FROM THE SUZANNE D. PARRISH REAL ESTATE TRUST FOR THE PURPOSE OF PRESERVING THE LAND AS NATURAL OPEN SPACE, APN 510- 270-003: RECOMMENDATION: 1) Adopt Minute Order No. _, Authorizing the City Clerk to accept a Grant Deed from Suzanne D. Parish Real Estate Trust for 16.98± acres in the Araby Cove for the purpose of preserving the land as natural open space. S.B. AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS ART MUSEUM: RECOMMENDATION: 1. Adopt Minute Order No._, Approving an agreement with the Palm Springs Art Museum for placement and Loan of Artwork; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A COUNCILMEMBER COMMENTS AND REPORTS: Additional reports, general comments, announcements, requests of staff and/or issues of concern to Councilmembers are briefly presented at this time. ADJOURNMENT: The City Council will adjourn to a City Council Workshop at 6:00 P.M., Wednesday, November 9, 2005, Convention Center, Primrose Ballroom C, 277 N. Avenida Caballeros, Palm Springs. o�pALA4 CITY OF PALM SPRINGS/CRA CLOSED SESSION AGENDA PALM SPRINGS CITY HALL—SMALL CONFERENCE ROOM Wednesday, November 2, 2005 0A4ogEi Ea 193 5:00 P.M. cq<iFOVt COMMUNITY REDEVELOPMENT AGENCY ISSUES 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Desert Fashion Plaza —Wessman Development A closed session will be held, pursuant to Government Code Section 54956.8, to enable the Community Redevelopment Agency of the City of Palm Springs ("Agency") to consider negotiations with John Wessman relative to that certain real property located on the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way known as the Desert Fashion Plaza, and to give direction to its negotiator, David Ready, City Manager, regarding the price and terms of payment relative to this property. B. Undeveloped Parcel Across From the Convention Center— Suitt/Block A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Suitt/Block, and to give direction to its negotiator, David Ready, relative to that undeveloped parcel on the southeast corner of Avenida Caballeros and Amado Road (across the street to the east of the Palm Springs Convention Center), consisting of approximately 9.3 acres, regarding the price and terms of payment for this property. 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: None. CITY OF PALM SPRINGS ISSUES 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: A. Golf Course Hotel — SECO/SDC A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Bill Swank, Sr., Managing Partner of SECO/SDC, and give direction to its negotiator, David Ready, City Manager, relative to that certain real property known as the Tahquitz Creek Legends Course Parking Lot and Driving Range, located on Golf Club Drive, regarding the price and terms of payment for this property. 4. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION: A. Matthew Talala v. City of Palm Springs A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Matthew Talala v. City of Palm Springs, Case No. INC 049920, Riverside County Superior Court— Indio. B. Club Trinidad Owners Association v. City of Palm Springs A closed session will be held, pursuant to Government Code Section 54956.9(a), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Club Trinidad Owners Association v. City of Palm S rp ing_s, Case No. INC 053493, Riverside County Superior Court — Indio. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: A. Exposure to Litigation —Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(b) (1) and (3) (A) (B), because there is significant exposure to litigation in two cases. B. Possible Initiation of Litigation —Two Cases A closed session will be held, pursuant to Government Code Section 54956.9(c), because the City is considering whether to initiate litigation in two cases. 6. PERSONNEL MATTERS: A. Conference with Labor Negotiator— Represented Units A closed session will be held, pursuant to Government Code Section 54957.6, with David Ready, the City's labor negotiator, regarding negotiations with the General Unit. 11` additional information is needed, please contact Marilynn Hannon in the Office of the Assistant City Manager at 7601323-8202. 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, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Phil Kaplan, 323-8219, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. The telephone number for the hearing impaired (TDD) is 7601864-9527. POSTED 1012812005