CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262
www.palmspringsca.gov

AGENDA

Steve Pougnet, Mayor
Ginny Foat, Mayor Pro Tem
Rick Hutcheson, 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, City Clerk
Douglas C. Holland, City Attorney
Thomas Wilson, Assistant City Manager
Geoffrey S. Kiehl, City 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. 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.

4:00 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. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

INVOCATION: Rabbi Sally Olins, Temple Isaiah.

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. FILING OF NUISANCE ABATEMENT LIENS FOR THREE PUBLIC NUISANCES LOCATED AT 2395 NORTH INDIAN CANYON DRIVE, 414 SOUTH MONTE VISTA DRIVE, AND 1091 SOUTH PASEO DE MARCIA:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 2395 NORTH INDIAN CANYON DRIVE;” 3) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 414 SOUTH MONTE VISTA DRIVE;” and 4) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1091 SOUTH PASEO DE MARCIA.”

1.B. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2012-13:
RECOMMENDATION:
1) Open the public hearing and receive public testimony.

2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 20112-13 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3.”

3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3.”

4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A.”

5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A.”

6) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C.”

7) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C.”

8) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7.”

9) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7.”

10) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8.”

11) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8.”

12) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9.”

13) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9.”

14) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2.”

15) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2.”

16) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2012-13 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT
NO. 12.”

17) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12.”

1.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1809, AMENDING THE PALM SPRINGS ZONING MAP TO DESIGNATE EIGHTEEN CITY-OWNED PROPERTIES AS CIVIC CENTER DISTRICT / CIVIC USES FROM THEIR CURRENT ZONE DESIGNATIONS:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive further reading and adopt Ordinance No. 1809, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF EIGHTEEN PARCELS FROM VARIOUS CURRENT ZONING DESIGNATIONS TO CIVIC CENTER DISTRICT (CIVIC USES) ZONE, CASE NO. 5.1281 CZ (CHANGE OF ZONE).”

1.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1808, RENAMING THE CIVIC CENTER DISTRICT ZONE AS THE CIVIC USES ZONE AND AMENDS CERTAIN DEVELOPMENT STANDARDS TO IMPLEMENT THE PURPOSE OF THE ZONE:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Waive further reading and adopt Ordinance No. 1808, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE CIVIC CENTER DISTRICT ZONE.

1.E. APPLICATION FOR DESIGNATION OF THE CASA PALMERAS RESIDENCES, 783 N. INDIAN CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 82):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY LOCATED AT CASA PALMERAS RESIDENCES, 783 N. INDIAN CANYON DR. AS A HISTORIC SITE, CLASS 1 (HSPB 82).”

1.F. APPLICATION FOR DESIGNATION OF THE KOCHER-SAMSON BUILDING AT 766 N. PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 79):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY LOCATED AT 766 N. PALM CANYON DRIVE (“KOCHER-SAMSON BUILDING”) AS A HISTORIC SITE, CLASS 1 (HSPB 79).”

1.G. RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND AGREEMENT:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Approve a sewer construction refund agreement with Tuscany Heights, LLC; and 3) Direct the City Clerk to record the sewer construction refund agreement with the Riverside County Recorder. A____.

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 July 11, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of June 18, 2012, and June 20, 2012.

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 5-12-12 BY WARRANTS NUMBERED 417416 THROUGH 417443 TOTALING $46,204.23, LIABILITY CHECKS NUMBERED 1056243 THROUGH 1056266 TOTALING $124,745.53, FIVE WIRE TRANSFERS FOR $42,085.95, AND THREE ELECTRONIC ACH DEBITS OF $1,039,091.87, IN THE AGGREGATE AMOUNT OF $1,252,127.58, 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 CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1056267 THROUGH 1056377 IN THE AGGREGATE AMOUNT OF $2,974,523.76 DRAWN ON BANK OF AMERICA;” 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 1056378 THROUGH 1056539 IN THE AGGREGATE AMOUNT OF $946,682.15, DRAWN ON BANK OF AMERICA;” 4) 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 5-26-12 BY WARRANTS NUMBERED 417444 THROUGH 417469 TOTALING $45,470.20, LIABILITY CHECKS NUMBERED 1056540 THROUGH 1056563 TOTALING $124,803.05, FIVE WIRE TRANSFERS FOR $41,827.45, AND THREE ELECTRONIC ACH DEBITS OF $1,048,872.65, IN THE AGGREGATE AMOUNT OF $1,260,973.35, DRAWN ON BANK OF AMERICA;” 5) 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 1056564 THROUGH 1056638 IN THE AGGREGATE AMOUNT OF $1,166,700.08, DRAWN ON BANK OF AMERICA;” 6) 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 1056639 THROUGH 1056745 IN THE AGGREGATE AMOUNT OF $1,142,531.07, DRAWN ON BANK OF AMERICA;” 7) 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 6-09-12 BY WARRANTS NUMBERED 417470 THROUGH 417498 TOTALING $42,062.02, LIABILITY CHECKS NUMBERED 1056746 THROUGH 1056769 TOTALING $125,312.31, FIVE WIRE TRANSFERS FOR $43,402.45, AND THREE ELECTRONIC ACH DEBITS OF $1,020,815.17, IN THE AGGREGATE AMOUNT OF $1,231,591.95, DRAWN ON BANK OF AMERICA;” 8) 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 1056770 THROUGH 1056916 IN THE AGGREGATE AMOUNT OF $1,618,609.89, DRAWN ON BANK OF AMERICA;” and 9) 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 1056917 THROUGH 1057108 IN THE AGGREGATE AMOUNT OF $1,763,537.89, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JUNE 2012:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through
June 30, 2012.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1810, ADDING A PROVISION TO THE PALM SPRINGS MUNICIPAL CODE REGULATING THE SOLICITATION OF MOTORISTS WITHIN CERTAIN PUBLIC RIGHTS-OF-WAY AND ADJACENT TO DRIVEWAYS IN THE CITY:
RECOMMENDATION: 1) Waive further reading and adopt Ordinance No. 1810, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.48.010 AND ADDING SECTION 5.48.065 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO SOLICITATION WITHIN THE PUBLIC RIGHT-OF-WAY;” and 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MASTER BAIL SCHEDULE TO ADD VIOLATION OF PSMC SECTION 5.48.065.”

2.F. TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2012:
RECOMMENDATION: Receive and file the Treasurer’s Investment Report as of May 31, 2012.

2.G. AWARD OF CONTRACT FOR THE RAMON ROAD DRAINAGE IMPROVEMENTS AT THE BARISTO CHANNEL (CP 09-10A):
RECOMMENDATION: 1) Approve an agreement with Tri-Star Contracting II Inc., for the Ramon Road Drainage Improvements at the Baristo Channel in the amount of $68,509.50 (CP 09-10A); and
2) Authorize the City Manager to execute all necessary documents. A____.

2.H. CITY COUNCIL APPOINTMENT TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENT’S (CVAG) ENERGY AND ENVIRONMENT COMMITTEE:
RECOMMENDATION: Appoint Councilmember Paul Lewin as the City of Palm Springs Designee to the CVAG Energy and Environment Committee.

2.I. AMENDMENT NO. 2 AND RESTATED LEASE AGREEMENT WITH PALM CANYON THEATER, INC. FOR PROPERTY LOCATED AT 538 NORTH PALM CANYON DRIVE, AT FRANCES STEVENS PARK, FOR THREE YEARS:
RECOMMENDATION: 1) Approve Amendment No. 2 and restated lease agreement with Palm Canyon Theater, Inc. for property located at 538 North Palm Canyon Drive, at Frances Stevens Park, for three (3) years at the current rate subject to consumer price index adjustments, subject to a shared use agreement with the Palm Springs International Film Festival; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.J. PROPOSED RESOLUTION RECEIVING A PORTION OF AN AREA DETACHED FROM THE BANNING LIBRARY DISTRICT AND TRANSFERRING IT TO THE CITY OF PALM SPRINGS:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECEIVING A PORTION OF AN AREA DETACHED FROM THE BANNING LIBRARY DISTRICT IN CABAZON AND TRANSFERRING IT TO THE CITY OF PALM SPRINGS;” and 2) Authorize the City Manager to execute all appropriate documents related to the transfer to the City.

2.K. PURCHASE OF REAL PROPERTY FROM CHINO CIENEGA FOUNDATION AND STEPHEN C. NICHOLS AND SARAH J. BENSON TRUSTEES OF THE BENSON-NICHOLS TRUST OF 2003, FOR APPROXIMATELY 2.4 ACRES AT THE NORTHWEST CORNER OF TRAMWAY ROAD AND NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve an agreement for the purchase of real property and escrow instructions with the Chino Cienega Foundation and Stephen C. Nichols and Sarah J. Benson Trustees of the Benson-Nichols Trust of 2003, for approximately 2.4 acres located at the northwest corner of Tramway Road and North Palm Canyon Drive, 2901 North Palm Canyon Drive; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2012-13 FOR THE PURCHASE OF REAL PROPERTY AT THE NORTHWEST CORNER OF TRAMWAY ROAD AND NORTH PALM CANYON DRIVE, 2901 NORTH PALM CANYON DRIVE;” and 3) Authorize the City Manager to execute all necessary documents. A____.

2.L. PARTICIPATION AGREEMENT WITH JEWISH FAMILY SERVICES OF SAN DIEGO DBA DESERT SOS IN THE AMOUNT OF $80,000 FOR THE REHABILATION OF NIGHTENGALE MANOR AS A 10-UNIT PERMANENT SUPPORTIVE HOUSING PROGRAM LOCATED AT 2951 DE ANZA ROAD, IN THE CITY’S CAPACITY AS THE SUCCESSOR HOUSING AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY IN MERGED PROJECT AREA NO. 1:
RECOMMENDATION: 1) Approve Participation Agreement (“PA”) with Jewish Family Services of San Diego d.b.a. Desert SOS in the amount of $80,000 for the rehabilitation of Nightengale Manor as a 10-unit Permanent Supportive Housing Program located at 2951 De Anza Road, in the City’s capacity as the Housing Successor Agency of the Community Redevelopment Agency in Merged Project Area No. 1; 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLEY IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AMENDING THE BUDGET FOR FISCAL YEAR 2012-13 FOR THE NIGHTENGALE MANOR RENOVATION;” and 3) Authorize the City Manager to execute all necessary documents. A____.

2.M. AMENDMENT NO. 4 TO AGREEMENT NO. 5235 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE WIDENING (CP 01-25):
RECOMMENDATION: 1) Approve Amendment No. 4 to Agreement No. A5235 with Dokken Engineering, in the amount of $19,283 for a total revised contract amount of $970,323 for the Indian Canyon Drive Widening (CP 01-25); and 2) Authorize the City Manager to execute all necessary documents. A5235.

2.N. AGREEMENT WITH PARSONS BRINKERHOFF FOR “AS-NEEDED” AIRPORT PROJECT PROFESSIONAL SERVICES FOR FIVE YEARS BEGINNING AUGUST 1, 2012:
RECOMMENDATION: 1) Award contract to Parsons Brinkerhoff for “as-needed” airport project professional services including engineering, architectural, construction management, planning, environmental, and other aviation specific expertise as required for five years beginning August 1, 2012; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.O. FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROJECT (AIP) 49 GRANT ACCEPTANCE:
RECOMMENDATION: 1) Accept FAA AIP Grant 3-06-0101-049-2012, from the Federal Aviation Administration, for up to $1,620,000 for design phase of a terminal pavement rehabilitation project and taxiway markings replacement project; and 2) Authorize the City Manager to execute all necessary documents. A____.

2.P. AMENDMENT NO. 3 TO AGREEMENT NO. A3613 WITH PALM SPRINGS AIR MUSEUM FOR AN ADDITIONAL 5,397 SQUARE FEET OF LAND FOR THE INSTALLATION OF A SOLAR ENERGY SYSTEM:
RECOMMENDATION: 1) Approve Amendment No. 3 to Agreement No. A3613 with the Palm Springs Air Museum for an additional 5,397 square feet of land to accommodate the installation of a solar energy system; and 2) Authorize the City Manager to execute all necessary documents. A3613.

2.Q. CHANGE ORDER NO. 1 AND 2 TO AGREEMENT NO. A6147 WITH CS CONSTRUCTION AND AMENDMENT NO. 4 TO AGREEMENT NO. A5348 WITH REYNOLDS SMITH AND HILL, INC. FOR AIRPORT PERIMETER FENCING (AIP 3-06-0818-048 2011):
RECOMMENDATION: 1) Approve Change Order Nos. 1 ($91,112.35 and 66 additional calendar days) and 2 ($88,046.18 and 45 additional calendar days) to Agreement No. A6147 with CS Construction for the perimeter fencing; 2) Approve Amendment No. 4 to Agreement No. A5348 with Reynolds Smith and Hill, Inc. for construction management services in the amount of $33,977.00; and 3) Authorize the City Manager to execute all necessary documents. A6147. A5348.

2.R. AUTHORIZE PURCHASE OF NEW BODY ARMOR FOR THE SPECIAL WEAPONS AND TACTICS (SWAT) TEAM:
RECOMMENDATION: 1) Authorize the single source purchase of eighteen (18) new Protech Tactical Ballistic Vests in an amount not-to-exceed $49,252.88, inclusive of all applicable taxes and delivery; and 2) Authorize the City Manager to execute all necessary documents.

2.S. FIND THE BID FROM FISHER SCIENTIFIC IN RESPONSE TO IFB 12-12 FOR SCOTT BRAND SELF CONTAINED BREATHING APPARATUS NON-RESPONSIVE AND AWARD THE BID TO ALLSTAR FIRE EQUIPMENT INC. IN THE AMOUNT OF $218,853.11:
RECOMMENDATION: 1) Find the bid from Fisher Scientific in response to IFB 12-12 for 36 new Scott brand Self Contained Breathing Apparatus and associated equipment to be Non-Responsive and award the bid to Allstar Fire Equipment Inc. in the amount of $218,853.11; 2) Authorize the Fire Department to acquire up to an additional 14 new breathing apparatus and associated equipment per the guaranteed Unit Prices from Allstar valid through December 31, 2014.

2.T. PROPOSED UPGRADE TO THE GRANICUS SYSTEM TO PROVIDE AGENDA MANAGEMENT AND IPAD TECHNOLOGY, MOVING TOWARD A PAPERLESS AGENDA PROCESS ENVIRONMENT:
RECOMMENDATION: 1) Approve a purchase order contract in the amount of $19,850 with Granicus, Inc. for upgrading the Meeting Management System for Agenda Management and iPad Technology;
2) Approve a purchase order contRact in the amount of $26,112 ($2,176 monthly) with Granicus, Inc. for managed hardware, Open Platform and Government Transparency and Meeting Efficiency Suites with VoteCast; and 3) Approve the purchase of five 64 GB Apple iPads with Wifi in an amount not to exceed $1,000 each for the members of the City Council.

2.U. AMENDMENT NO. 5 TO AGREEMENT NO. A4780 WITH DOKKEN ENGINEERING FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING PROJECT (CP 87-49):
RECOMMENDATION: 1) Approve Amendment No. 5 to Agreement No. A4780 with Dokken Engineering, in the amount of $92,500 for a total revised contract amount of $862,740 for the Belardo Road Bridge & Roadway Widening Project (CP 87-49); and 2) Authorize the City Manager to execute all necessary documents. A4780.

2.V. AUTHORIZE NEGOTIATIONS WITH RAELCORP AND APPROVE THE PURCHASE AND INSTALLATION OF A MODULAR BUILDING TO SERVE AS THE MANAGEMENT AND OPERATIONS OFFICE AT THE PALM SPRINGS SKATE PARK:
RECOMMENDATION: 1) Authorize the purchase and approve the installation of a modular building from Raelcorp as the Management and Operations Office at the Palm Springs Skate Park in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents.

2.W. REIMBURSEMENT AGREEMENT RELATED TO SUBDIVISION IMPROVEMENTS FOR TRACT NO. 33162 WITH WESSMAN HOLDINGS LLC:
RECOMMENDATION: 1) Approve the Reimbursement Agreement for subdivision improvements with Wessman Holding LLC in a form and content approved by the City Attorney; and 2) 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:

3.A. INTRODUCTION AND FIRST READING OF AN ORDINANCE REQUIRING UNPERMITTED COLLECTIVES AND COOPERATIVES TO DISCLOSE THEIR UNPERMITTED STATUS TO THE PUBLIC AND PROVIDES ADDITIONAL ADMINISTRATIVE ENFORCEMENT OPTIONS TO THE CITY IN ADDRESSING VIOLATIONS OF THE CITY’S MEDICAL CANNABIS REGULATORY ORDINANCE, INCLUDING POSTING OF PROPERTY, ISSUANCE OF ABATEMENT ORDERS, AND THE RECORDATION OF LIENS, AND ADOPTION OF AN URGENCY ORDINANCE REQUIRING UNPERMITTED COLLECTIVES AND COOPERATIVES TO DISCLOSE THEIR UNPERMITTED STATUS TO THE PUBLIC AND PROVIDES ADDITIONAL ADMINISTRATIVE ENFORCEMENT OPTIONS TO THE CITY IN ADDRESSING VIOLATIONS OF THE CITY’S MEDICAL CANNABIS REGULATORY ORDINANCE, INCLUDING POSTING OF PROPERTY, ISSUANCE OF ABATEMENT ORDERS, AND THE RECORDATION OF LIENS (4/5THS VOTE REQUIRED):
RECOMMENDATION: 1) Initiate, waive the reading of the full text of the ordinance, and introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.52.030 AND SUBSECTIONS K AND L OF SECTION 93.23.15 OF, AND ADDING SUBSECTION K TO SECTION 93.23.15 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO ENFORCEMENT OF THE CITY’S MEDICAL CANNABIS REGULATORY ORDINANCE;” and 2) Waive reading of the full text of the ordinance, and adopt Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.52.030 AND SUBSECTIONS K AND L OF SECTION 93.23.15 OF, AND ADDING SUBSECTION K TO SECTION 93.23.15 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO ENFORCEMENT OF THE CITY’S MEDICAL CANNABIS REGULATORY ORDINANCE.” (4/5THS VOTE REQUIRED)

3.B. INTRODUCTION AND FIRST READING OF AN ORDINANCE ALLOWING THE REPLACEMENT OF EXISTING BILLBOARDS ALONG THE INTERSTATE 10 CORRIDOR WITH NEW DIGITAL BILLBOARDS SUBJECT TO CERTAIN CRITERIA:
RECOMMENDATION: Waive the reading of the full text of the ordinance, and introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO BILLBOARDS AND OTHER OFF-SITE ADVERTISING SIGNS.”

4. UNFINISHED BUSINESS:

4.A. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL DOWNTOWN REVITALIZATION PROJECT AD HOC SUBCOMMITTEE:
RECOMMENDATION: Direct staff as appropriate.

4.B. AMENDMENT AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS) PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE:
RECOMMENDATION: Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE APPROVAL AND TRANSMITTAL OF A RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS) PURSUANT TO ASSEMBLY BILL X1 26.”

5. NEW BUSINESS:

5.A. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE PURPOSE OF REVIEWING THE VILLAGEFEST PROGRAMS:
RECOMMENDATION: Appoint two members of the City Council to an ad hoc City Council Subcommittee to review the Villagefest programs.

5.B. AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, INC. TO PROVIDE AMERICANS WITH DISABILITIES ACT (ADA) CONSULTING SERVICES IN THE AMOUNT OF $161,500:
RECOMMENDATION: 1) Approve a Professional Services Agreement with Disability Access Consultants, Inc., in an amount not-to-exceed $161,500 for a full compliance evaluation survey of City-owned facilities, parks, parking lots, signalized intersections and sidewalks and to develop both a Self Evaluation and a Transition Plan; and 2) Authorize the City Manager to sign and execute the appropriate documents. A____.

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, September 5, 2012, 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.