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: Boy Scout Troop 262.

INVOCATION: Father John Kavcak, Our Lady of Solitude 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. ZONE TEXT AMENDMENT RELATED DIRECTOR REFERRALS FOR LAND USE PERMITS, MINOR ARCHITECTURAL APPROVALS AND ADMINISTRATIVE MINOR MODIFICATIONS (CASE 5.1273):
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 introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 94.02.01D.3, 94.06.01.B.2 AND 94.04.00.E.2.A OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO DIRECTOR REFERRAL OF MINOR PERMITS TO THE PLANNING COMMISSION.”

1B. RIGHT-OF-WAY VACATION OF A PORTION OF EAST PALM CANYON AT 1901 EAST PALM CANYON DRIVE COCO’S RESTAURANT (FILE R-12-07):
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, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A PORTION OF RIGHT-OF-WAY AT 1901 EAST PALM CANYON DRIVE (FILE R-12-07).”

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 September 5, 2012, City Council Agenda.

2.B. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of July 11, 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 6-23-12 BY WARRANTS NUMBERED 417499 THROUGH 417534 TOTALING $51,679.20, LIABILITY CHECKS NUMBERED 1057109 THROUGH 1057112 TOTALING $2,329.16, ONE WIRE TRANSFER FOR $1,223.38, AND THREE ELECTRONIC ACH DEBITS OF $1,164,673.49, IN THE AGGREGATE AMOUNT OF $1,219,905.23, 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 1057113 THROUGH 1057291 IN THE AGGREGATE AMOUNT OF $2,402,373.99 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 1057292 THROUGH 1057355 IN THE AGGREGATE AMOUNT OF $706,101.95, 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 7-07-12 BY WARRANTS NUMBERED 417535 THROUGH 417576 TOTALING $58,894.51, LIABILITY CHECKS NUMBERED 1057356 THROUGH 1057379 TOTALING $124,732.76, FIVE WIRE TRANSFERS FOR $85,216.95, AND THREE ELECTRONIC ACH DEBITS OF $1,125,676.50, IN THE AGGREGATE AMOUNT OF $1,394,520.72, 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 1057380 THROUGH 1057481 IN THE AGGREGATE AMOUNT OF $1,859,492.96, 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 1057482 THROUGH 1057636 IN THE AGGREGATE AMOUNT OF $1,127,150.13, 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 7-21-12 BY WARRANTS NUMBERED 417577 THROUGH 417615 TOTALING $70,632.65, LIABILITY CHECKS NUMBERED 1057637 THROUGH 1057660 TOTALING $125,343.90, FIVE WIRE TRANSFERS FOR $76,943.10, AND THREE ELECTRONIC ACH DEBITS OF $1,342,501.34, IN THE AGGREGATE AMOUNT OF $1,615,420.99, 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 1057661 THROUGH 1057777 IN THE AGGREGATE AMOUNT OF $834,721.89, DRAWN ON BANK OF AMERICA;” 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 1057778 THROUGH 1057927 IN THE AGGREGATE AMOUNT OF $2,282,513.22, DRAWN ON BANK OF AMERICA;” 10) 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 8-04-12 BY WARRANTS NUMBERED 417616 THROUGH 417656 TOTALING $52,201.77, LIABILITY CHECKS NUMBERED 1057928 THROUGH 1057951 TOTALING $123,561.81, FIVE WIRE TRANSFERS FOR $45,066.95, AND THREE ELECTRONIC ACH DEBITS OF $1,047,800.68, IN THE AGGREGATE AMOUNT OF $1,268,631.21, DRAWN ON BANK OF AMERICA;” 11) 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 1057952 THROUGH 1058013 IN THE AGGREGATE AMOUNT OF $1,029,746.65, DRAWN ON BANK OF AMERICA;” and 12) 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 1058014 THROUGH 1058144 IN THE AGGREGATE AMOUNT OF $1,611,896.17, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JULY 2012:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through
July 31, 2012.

2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1811, AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO ENFORCEMENT OF THE CITY’S MEDICAL CANNABIS REGULATORY ORDINANCE:
RECOMMENDATION: Waive further reading and adopt Ordinance No. 1811, “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.”

2.F. CONFLICT OF INTEREST CODE 2012 BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT:
RECOMMENDATION: 1) Receive and File the 2012 Local Agency Biennial Notice; and 2) Direct staff to promulgate the necessary amendments and return to the City Council in December for adoption pursuant to the Political Reform Act.

2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A5322 WITH CARL WARREN & COMPANY EXTENDING THE CONTRACT SERVICES AGREEMENT TO JUNE 30, 2015, FOR CLAIMS ADJUSTMENT AND ADMINISTRATIVE SERVICE:
RECOMMENDATION: 1) Approve Amendment No. 5 to Agreement No. A5322 with Carl Warren & Company extending the Agreement to June 30, 2015; and 2) Authorize the City Manager to execute Amendment No. 5 to the Agreement. A5322.

2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING June 30, 2015:
RECOMMENDATION: Reappoint Samuel Medrano, as the City of Cathedral City representative, to the Palm Springs International Airport Commission for the term ending June 30, 2015.

2.I. DECLARE A VACANCY ON THE SUSTAINABILITY COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2015:
RECOMMENDATION: 1) Declare the office held by Keith Wisot on the Sustainability Commission vacant; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2015.

2.J. ACCEPT THE RESIGNATION OF STEVEN SIMS FROM THE PARKS AND RECREATION COMMISSION:
RECOMMENDATION: 1) Accept with regret the resignation of Steven Sims from the Parks and Recreation Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending
June 30, 2013.

2.K. DECLARE A VACANCY ON THE BOARD OF APPEALS:
RECOMMENDATION: 1) Declare the office held by Norm Brown on the Board of Appeals vacant; and 2) Direct the City Clerk to post a Notice of Vacancy.

2.L. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT ASSOCIATION OF PALM SPRINGS:
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 MANAGEMENT ASSOCIATION OF PALM SPRINGS, FOR THE PERIOD JULY 1, 2012, THROUGH JUNE 30, 2014, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;” and 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney. A5573.

2.M. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2012, AND JULY 31, 2012:
RECOMMENDATION: 1) Receive and file the Treasurer’s Investment Report as of June 30, 2012; and 2) Receive and file the Treasurer’s Investment Report as of July 31, 2012.

2.N. ADOPTION OF FAIR POLITICAL PRACTICES COMMISSION FORM 806 RELATING TO COMPENSATED CITY COUNCIL APPOINTMENTS PURSUANT TO THE CAL. CODE OF REGULATIONS § 18705.5:
RECOMMENDATION: Adopt FPPC Form 806 Agency Report of Public Official Appointments dated August 1, 2012.

2.O. AUTHORIZE THE USE OF MEASURE “J” FUNDS FOR EXPENSES RELATED TO THE IMPLEMENTATION, ADMINISTRATION, AND AUDIT OF THE MEASURE “J” ADD-ON SALES TAX AND WITH THE DOWNTOWN REVITALIZATION PROJECT:
RECOMMENDATION: Authorize the City Manager to execute all appropriate budget and expenditure transfers related to the implementation, administration, and audit costs to the Measure “J” Fund.

2.P. AGREEMENT WITH GRANITE CONSTRUCTION CO., INC. FOR THE INDIAN CANYON DRIVE INTERIM WIDENING PROJECT (UNION PACIFIC RAILROAD BRIDGE TO GARNET AVENUE) (CP 01-11A):
RECOMMENDATION: 1) Approve an agreement with Granite Construction Co. Inc., for the Indian Canyon Drive Interim Widening Project (Union Pacific Railroad Bridge to Garnet Ave.) in the amount of $449,999.00 (CP 01-11A); and 2) Authorize the City Manager to execute all necessary documents. A____.

2.Q. APPROVING A MILLS ACT HISTORIC SITE AGREEMENT WITH DOUGLAS K. MACBETH, L. STANLEY DEEN, AND ROYAL HAWAIIAN HOMEOWNERS ASSOCIATION FOR PROPERTY LOCATED AT 275 TWIN PALMS DRIVE (HSPB 73, HISTORIC DISTRICT NO. 2):
RECOMMENDATION: 1) Approve a Mills Act Historic Property Preservation Agreement with the Royal Hawaiian Estates Homeowners Association, Douglas K. MacBeth, and L. Stanley Deen; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct the City Clerk to record the agreement. A____.

2.R. AUTHORIZE THE PURCHASE OF 26 NEW REPLACEMENT VEHICLES, 9 OF WHICH ARE HYBRIDS OR ALTERNATIVE FUEL VEHICLES) FOR USE BY VARIOUS DEPARTMENTS NOT TO EXCEED $1,471,000:
RECOMMENDATION: 1) Approve the purchase of 2 new replacement vehicles for use by the Wastewater Treatment Plant in an amount not to exceed $365,000; 2) Approve the purchase of 2 new alternative fuel or hybrid vehicles for use by the Airport in an amount not to exceed $190,000; 3) Approve the purchase of 22 new replacement vehicles (7 are hybrid vehicles) for use by various City Departments in an amount not to exceed $916,000; 4) 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; and 5) 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 VEHICLE REPLACEMENT.”

2.S. ACCEPT THE RESIGNATION OF ROBERT SILVERMAN FROM THE VILLAGEFEST BOARD:
RECOMMENDATION: 1) Accept with regret the resignation of Robert Silverman from the Villagefest Board; and 2) Direct the City Clerk to post a Notice of Vacancy for the unexpired term ending June 30, 2013.

2.T. MEASURE “J” OVERSIGHT AUDITORS MARYANOV, MADSEN, GORDON & CAMPBELL:
RECOMMENDATION: Receive and file.

2.U. VERIFICATION FROM THE STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES, OF THE CITY’S FULL COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM:
RECOMMENDATION: Receive and file.

2.V. APPROVE AN AMENDMENT TO THE ARCHITECTURAL SERVICES AGREEMENT WITH URRUTIA A.I.A AND ASSOCIATES FOR AIRPORT PROJECTS:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6262 with Urrutia A.I.A and Associates for design, bid, permitting, and construction phase services in the amount not to exceed $210,975.00for various Airport Projects; and 2) Authorize the City Manager to execute all necessary documents, and approve change orders up to ten percent (10%) over the total project amount. A6262.

2.W. APPROVE AIRPORT BAGGAGE CONVEYOR SYSTEM MODIFICATIONS AND UPGRADES:
RECOMMENDATION: 1) Approve a purchase order to Matira Industrial Inc., in an amount not to exceed $43,220.00, to relocate and modify the airport baggage handling conveyor belt; and 2) Authorize the City Manager to execute all necessary documents.

2.X. APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PARSONS BRINCKERHOFF, INC. FOR CIVIL ENGINEERING AND DESIGN SERVICES AT THE AIRPORT:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6256 with Parsons Brinckerhoff, Inc., in an amount not to exceed $853,534.27 for bid phase design services for FAA AIP Project No. 3-06-0181-049-2012 terminal apron and taxiway G pavement rehabilitation, thermoplastics airfield markings construction management and on-call professional services projects; and 2) Authorize the City Manager to execute all necessary documents, and approve change orders up to ten percent (10%) of the total project amount. A6256.

2.Y. APPROVAL OF CONTRACT CHANGE ORDER NO. 22 FOR THE INDIAN CANYON DRIVE WIDENING (CITY PROJECT 01-25):
RECOMMENDATION: 1) Approve Change Order No. 22 to Agreement No. A6108 with Griffith Company, in the amount of $188,511.94, for a revised total amount of $3,258,526.94 for the Indian Canyon Drive Widening (City Project No. 01-25); 2) Authorize the City Manager to execute all necessary documents. A6108.

2.Z. APPROVE AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY AND ESCROW INSTRUCTIONS FROM THE CHINO CIENEGA FOUNDATION, AND STEPHEN C. NICHOLS & SARAH J. BENSON, TRUSTEES OF THE BENSON-NICHOLS TRUST OF 2003 FOR CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 2.78 ACRES, LOCATED AT THE NORTHWEST CORNER OF TRAMWAY ROAD AND NORTH PALM CANYON DRIVE, AT 2901 NORTH PALM CANYON DRIVE, (APN 504-040-001-8), IN THE AMOUNT OF $690,000:
RECOMMENDATION: 1) Approve an Agreement and Escrow Instructions for the purchase of real property located at 2901 North Palm Canyon Drive (APN 504-040-001-8), in the amount of $690,000 from Chino Cienega Foundation and the Stephen C. Nichols & Sarah J. Benson, Trustees of the Benson-Nichols Trust of 2003; 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 LOCATED AT 2901 NORTH PALM CANYON DRIVE.” A____.

2.AA. PROPOSED RESOLUTION SETTING A PUBLIC HEARING AND NOTICE FOR THE SALE OF CITY OWNED REAL PROPERTY LOCATED AT 4810 CAMINO PAROCELA (APN 690-101-032 AND 601-101-033) TO MICHAEL S. HOFFMAN IN THE AMOUNT OF $140,000:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING A PUBLIC HEARING AND NOTICE THEREOF, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 37421, FOR THE SALE OF PROPERTY LOCATED AT 4810 CAMINO PAROCELA.”

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. APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH WESSMAN HOLDINGS, LLC FOR ADDITIONAL PURSUIT COSTS FOR THE REDEVELOPMENT OF REAL PROPERTY LOCATED AT 123 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6258, with Wessman Holdings, LLC, for an additional amount of $30,119.10, and revised contract amount of $230,119.10; and 2) Authorize the City Manager to execute the Amendment to the Agreement. A6258.

5. NEW BUSINESS:

5.A. REQUEST TO AMEND TRACT MAP 28308 BY DOS PALMAS DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, BY WAIVER OF CONDITION OF APPROVAL TO UNDERGROUND EXISTING OVERHEAD UTILITY LINES ON THE 1.6 ACRE SITE LOCATED ON THE NORTH SIDE OF SUNNY DUNES ROAD BETWEEN CALLE AMIGOS AND S. SUNRISE WAY:
RECOMMENDATION: 1) Deny the request by Dos Palmas Development, LLC, to waive Condition No. 24 for Tract Map 28308; and 2) Approve the undergrounding of utilities on the tract map site in accordance with the City Engineer’s specifications.

5.B. APPOINT THE CITY COUNCIL’S REPRESENTATIVE TO THE EXECUTIVE COMMITTEE OF THE RIVERSIDE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES:
RECOMMENDATION: Appoint a member of the City Council to the Executive Committee of the Riverside County Division of the League of California Cities.

5.C. AUTHORIZE NEGOTIATION OF HOTEL INCENTIVE ASSISTANCE AGREEMENTS FOR TWO SPECIFIC HOTEL PROJECTS WITH THE DOUBLETREE HOTEL AND THE SPANISH INN – MARRIOTT AUTOGRAPH COLLECTION HOTEL:
RECOMMENDATION: Direct staff to prepare Hotel Incentive Program Agreements with the Doubletree Hotel and the Spanish Inn – Marriott Autograph Collection Hotel for approval by the City Council.

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 19, 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.