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: Palm Springs Air Force ROTC Junior Color Guard.

INVOCATION: Sharon Stroud, Inner Faith Spiritual Center.

ROLL CALL:

PRESENTATIONS:

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or “no” votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

1. PUBLIC HEARINGS:

1.A. ANNEXATION OF CERTAIN PROPERTIES INTO CFD 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 5, NO. 6 AND NO. 7, CALLING AND CONDUCTING THE SPECIAL ELECTION, AND INTRODUCTION OF ORDINANCES AUTHORIZING THE LEVY OF SPECIAL TAXES IN THE COMMUNITY FACILITIES DISTRICT:
RECOMMENDATION: 1) Open the public hearing and take public testimony and property owner protests for the proposed Annexation No. 5, Annexation No. 6, and Annexation No. 7 into Community Facilities District No. 2005-1 (PUBLIC SAFETY SERVICES); 2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS (ANNEXATION NO. 5);” 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS (ANNEXATION NO. 6);” 4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS (ANNEXATION NO. 7);” 5) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO. 5);” 6) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO. 6);” 7) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO. 7);” 8) Waive reading of the full text and introduce on first reading by title only, Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 5);” 9) Waive reading of the full text and introduce on first reading by title only, Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 6);” and 10) Waive reading of the full text and introduce on first reading by title only, Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 7).”

1.B. ALTA VERDE, LLC, TENTATIVE TRACT MAP (TTM) 36723 TO SUBDIVIDE APPROXIMATELY 7.21 ACRES OF VACANT LAND INTO 14 SINGLE-FAMILY RESIDENTIAL LOTS, PLANNED DEVELOPMENT DISTRICT (PDD) 371, AND A MAJOR ARCHITECTURAL APPROVAL TO CONSTRUCT 14 SINGLE-FAMILY RESIDENTIAL HOMES WITHIN THE CANYON PARK SPECIFIC PLAN AREA LOCATED AT 1000 BOGERT TRAIL AND CEQA FOCUSED ENVIRONMENTAL IMPACT REPORT (CASE 5.1342/TTM 36723 /PDD 371):
Oversized Renderings                   Environmental Impact Report 
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, CERTIFYING A FOCUSED ENVIRONMENTAL IMPACT REPORT (EIR) AND APPROVING TENTATIVE TRACT MAP 36723 (TTM 36723), FOR THE CREATION OF A 14-LOT SUBDIVISION ON APPROXIMATELY 7.2-ACRE LAND, PRELIMINARY PLANNED DEVELOPMENT DISTRICT 371 (PDD 371) AND A MAJOR ARCHITECTURAL APPROVAL FOR THE CONSTRUCTION OF 14 SINGLE-FAMILY RESIDENCES LOCATED AT 1000 BOGERT TRAIL, WITHIN THE CANYON PARK SPECIFIC PLAN AREA, ZONE R-1-B, SECTION 35.”

1.C. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE RELATING TO EMERGENCY SHELTERS IN THE M-2 (MANUFACTURING) DISTRICT AND CEQA NOTICE OF EXEMPTION (CASE 5.1332-ZTA):
RECOMMENDATION: 1) Open the public hearing and receive public testimony; and 2) Waive the reading of the ordinance text in its entirety and introduce on first reading Ordinance No.____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION 92.17.1.01 RELATING TO EMERGENCY SHELTERS.”

1.D. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE RELATING TO ACCESSORY AND CONDITIONALLY PERMITTED USES:
RECOMMENDATION: 1) Table the public hearing with no public testimony at this time; and 2) Direct the City Clerk to re-notice the Public Hearing pursuant to law.

1.E. VIA OLIVERA, LLC, TENTATIVE PARCEL MAP (TPM) 36737 FOR A FIVE (5) LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PDD) 373, AND A MAJOR ARCHITECTURAL APPLICATION AT 199 WEST VIA OLIVERA AND CEQA NOTICE OF EXEMPTION (CASE. 5.1348/TPM 36737/PDD 373/3.3730 MAJ):
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, APPROVING A PRELIMINARY PLANNED DEVELOPMENT DISTRICT 373, MAJOR ARCHITECTURAL APPLICATION 3.3730 MAJ, AND TENTATIVE PARCEL MAP 36737 FOR A FIVE (5) LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION AT 199 WEST VIA OLIVERA, ZONE R-2, SECTION 3 (CASE 5.1348/TPM 36737/PDD 373/3.3730 MAJ).”

1.F. APPROVE TWO HOTEL OPERATIONS COVENANT AGREEMENTS WITH THE PALM SPRINGS PROMENADE, LLC (MARRIOTT AC HOTEL) AND EQUI-CAP, LLC (SELENE PALM SPRINGS RESORT) PURSUANT TO THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM:
RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Approve a Hotel Operations Covenant Agreement with Palm Springs Promenade, LLC (Marriott AC Hotel) located at the southwest corner of “New Main Street” and Belardo Road; 3) Approve a Hotel Operations Covenant Agreement with Equi-Cap, LLC (Selene Palm Springs Resort) located at the northeast corner of Calle Alvarado and Amado Road; and 4) Authorize the City Manager to execute all necessary documents. A____. A____.

1.G. PARKING EASEMENT WITH PALM SPRINGS, LLC, FOR PUBLIC PARKING LOCATED AT 400 NORTH PALM CANYON DRIVE:
RECOMMENDATION: 1) Approve Parking Easement with Palm Springs, LLC, a California limited liability company (“Owner”); and 2) Authorize the City Manager to execute all documents to effectuate the Amendment. 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 December 17, 2014, City Council Agenda.

2.B. APPROVE SUBSTITUTION OF REMARKETING AGENT FOR THE CERTIFICATES OF PARTICIPATION TO FINANCE THE DOWNTOWN PARKING STRUCTURE:
RECOMMENDATION: 1) Approve a Remarketing Agreement with Mitsubishi UFJ Securities (USA), Inc., for the Certificates of Participation issued for the Downtown Parking Structure; 2) Terminate the current Remarketing Agreement with Stifel, Nicolaus & Company, Incorporated; and 3) Authorize the City Manager to execute all necessary documents. A4552. A____.

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 11-22-14 BY WARRANTS NUMBERED 418907 THROUGH 418926 TOTALING $37,845.83, LIABILITY CHECKS NUMBERED 1075187 THROUGH 1075208 TOTALING $107,721.85, FIVE WIRE TRANSFERS FOR $45,628.28, AND THREE ELECTRONIC ACH DEBITS OF $1,153,565.41 IN THE AGGREGATE AMOUNT OF $1,344,761.37, 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 1075209 THROUGH 1075293 IN THE AGGREGATE AMOUNT OF $618,419.25, DRAWN ON BANK OF AMERICA;” and 3) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1075294 THROUGH 1075427 IN THE AGGREGATE AMOUNT OF $2,323,264.93, DRAWN ON BANK OF AMERICA.”

2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF NOVEMBER 2014:
RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 1 through November 30, 2014.

2.E. APPROVE THE SUBMITTAL OF NOMINATION TO THE NATIONAL REGISTER OF HISTORIC PLACES FOR THE WORKS OF ALBERT FREY TO INCLUDE PALM SPRINGS CITY HALL, FIRE STATION NO. 1, AND THE TRAMWAY GAS STATION:
RECOMMENDATION: Approve the submittal of nomination to the National Register of Historic Places for Palm Springs City Hall, Fire Station No. 1, and the Tramway Gas Station.

2.F. CHANGE ORDER NO. 1 TO PURCHASE ORDER NO. 15-0309 WITH MSA CONSULTING, INC. ADDING HYDROLOGY STUDY SERVICES:
RECOMMENDATION: Approve Change Order No. 1 to Puchase Order No. 15-0309 with MSA Consulting, Inc. adding hydrology study services in the amount of $9,000.

2.G. PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. IN THE AMOUNT OF $484,102 FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT (FEDERAL AID PROJECT NO. BHLS 5282 (026) [CP 07-03]):
RECOMMENDATION: 1) Approve an agreement with Transtech Engineers, Inc. in the amount of $484,102 for construction management services related to the Bogert Trail Bridge Rehabilitation Project (Federal Aid Project No. BHLS 5282 (026) [CP 07-03]); and 2) Authorize the City Manager to execute all documents. A____.

2.H. AMENDMENT TO THE CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE ADOPTED BY RESOLUTION NO. 22841.”

2.I. FINAL TRACT MAP 36756 FOR A 104 UNIT APARTMENT COMPLEX LOCATED AT 1700 ARABY DRIVE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36756 FOR PROPERTY LOCATED AT 1700 ARABY DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

2.J. REQUEST BY VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM CANYON DRIVE LLC FOR A RESOLUTION OF PUBLIC CONVIENENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A PROPOSED COCKTAIL LOUNGE AT 450 SOUTH PALM CANYON DRIVE:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 48 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR PROPERTY LOCATED AT 450 SOUTH PALM CANYON DRIVE, WITHIN CENSUS TRACT 0446.06.”

2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A6288 WITH NBS GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT, LIGHTING & LANDSCAPE MAINTENANCE DISTRICT, COMMUNITY FACILITIES DISTRICT, AND COUNTY SERVICE AREA ADMINISTRATION SERVICES:
RECOMMENDATION: 1) Approve Amendment No. 1 to Agreement No. A6288 with NBS Government Finance Group, for Community Facilities District annexation services for the remainder of the current contract term through June 30, 2017, per schedule of fees as provided in Exhibit A-1and 2) Authorize the City Manager to execute all necessary documents in a form approved by the City Attorney. A6288.

2.L. PROPOSED RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF URBAN RESOURCES, URBAN STREAMS RESTORATION PROGRAM FOR THE TAHQUITZ CREEK TRAIL TRIANGLE GATEWAY PROJECT:
RECOMMENDATION: Adopt Resolution Np. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE APPLICATION FOR AN URBAN STREAMS RESTORATION PROGRAM GRANT AND DETERMINING APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING PROJECT REPRESENTATIVE, CONTRACT MANAGER, AND FISCAL AGENT;” and 2) Authorize the City Manager to execute required applications, documents and agreements associated with the Urban Streams Restoration Program grant. A____.

2.M. APPROVAL OF MINUTES:
RECOMMENDATION: Approve the City Council Minutes of December 3, 2014.

2.N. APPROVE AN AGREEMENT WITH KONE, INC. FOR THE REPLACEMENT OF TWO ESCALATORS AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
RECOMMENDATION: 1) Approve an Agreement with Kone, Inc. for all the materials, equipment, and labor associated with the replacement and installation of two escalators at the Airport’s Bono Concourse in the amount of $548,914.24; and 2) Authorize the City Manager to execute all necessary documents, and change order authority up to a ten (10) percent increase over the total project amount. A____.

2.O. APPROVE AN AGREEMENT WITH COREY AIRPORT SERVICES FOR THE AIRPORT ADVERTISING CONCESSIONS PROGRAM:
RECOMMENDATION: 1) Approve an Agreement with Corey Airport Services for a term of five years for the Airport Advertising Concessions Program; and 2) Authorize the City Manager to execute all necessary documents in a form approved by the City Attorney. A5855.

2.P. CONVERSION OF ONE TENNIS COURT TO FOUR PICKLEBALL COURTS AT DEMUTH PARK:
RECOMMENDATION: Approve the conversion of one tennis court to four pickelball courts at Demuth Park, insofar as the total cost does not exceed $15,000.

2.Q. DELAY START OF CONSTRUCTION TO JUNE 1, 2015, FOR THE ANDREAS ROAD TWO-WAY CONVERSION PROJECT (CP 13-27):
RECOMMENDATION: Authorize the City Manager to direct Golden Vista Construction, Inc., dba Golden Valley Construction, to delay the start of construction for the Andreas Road Two-Way Conversion Project to June 1, 2015, (CP 13-27). A6578.

2.R. HERO PROPERTY ASSESSED CLEAN ENERGY PROGRAM:
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO.”

2.S. PROPOSED RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS TO REQUEST THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FORM A COMMUNITY FACILITIES DISTRICT FOR THE SELENE PALM SPRINGS RESORT PROJECT AT THE NORTHEAST CORNER OF AMADO ROAD AND CALLE ALVARADO:
RECOMMENDATION: 1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING TO UNDERTAKE PROCEEDINGS TO REQUEST THAT THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FORM A COMMUNITY FACILITIES DISTRICT WITHIN THE CITY FOR THE SELENE PALM SPRINGS RESORT PROJECT;” and 2) Authorize the City Manager to execute all necessary documents.

2.T. ENDORSING THE GREEN FOR LIFE PROGRAM INCLUDING A CLIMATE ACTION PLAN, GREENHOUSE GAS INVENTORY, ENERGY ACTION PLAN, BENCHMARKING POLICY, AND COMMISSIONING/RETRO-COMMISSIONING POLICY:
The Sustainability Plan Is On File In The Office Of The City Clerk 
RECOMMENDATION: Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE GREEN FOR LIFE PROGRAM, INCLUDING THE CLIMATE ACTION PLAN AND GREENHOUSE GAS INVENTORY, THE ENERGY ACTION PLAN, ENERGY BENCHMARKING POLICY FOR MUNICIPAL BUILDINGS, AND COMMISSIONING/RETRO-COMMISSIONING POLICY.”

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 A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS WITH PALM SPRINGS PROMENADE, LLC RELATED TO THE ACQUISITION OF THE EVENT CENTER SPACE, PROVISION OF ADDITIONAL ON-SITE PARKING AND IMPROVED PARKING MANAGEMENT RIGHTS, ALLOCATION AND SHARING OF CERTAIN COSTS AND FEES; AUTHORIZE ADDITIONAL CITY REQUESTED EVENT CENTER AND PARKING STRUCTURE WORK; AND APPROVAL OF A PARTIAL RELEASE OF THE PERFORMANCE DEED OF TRUST FOR BLOCK C-1 AND BLOCK A OF PALM SPRINGS DOWNTOWN PROJECT:
RECOMMENDATION: 1) Approve Purchase Agreement and Escrow Instructions with Palm Springs Promenade administered by First American Title Company, Escrow Holder, File No. RIW-4765919 (SE), dated November 10, 2014; 2) Authorize the provision of additional City requested work consistent with Scope of Work Related to the Event Center Preparation and Parking Structure Upgrades, approved by City Council on November 17, 2014; 3) Approve a Partial Release of Performance Deed of Trust by and between the City of Palm Springs (Beneficiary) and Palm Springs Promenade, LLC (Trustor) for Block A and Block C-1; 4) Authorize the City Manager to execute all documents and/or agreements in a form approved by the City Attorney necessary or appropriate to implement the approvals and authorizations described in this recommendation. A6144.

5. NEW BUSINESS:

5.A. DISMISS THE BID PROTESTS FROM CONSERVE LANDCARE AND MARINA LANDSCAPE, INC., AND WAIVE ANY INFORMALITY (NON-RESPONSIVENESS) AND AWARD A CONSTRUCTION CONTRACT TO GOLDEN VISTA CONSTRUCTION, INC. DBA GOLDEN VALLEY CONSTRUCTION FOR THE TAHQUITZ CANYON WAY MEDIAN LANDSCAPING PHASE 2 PROJECT (CP 13-33):
RECOMMENDATION: 1) Dismiss the bid protest submitted by Conserve LandCare dated November 26, 2014; 2) Dismiss the bid protests submitted by Marina Landscape, Inc., dated December 1 and 8, 2014; 3) Waive any informality (non-responsiveness), and award a construction contract to Golden Vista Construction, Inc., dba Golden Valley Construction, in the amount of $1,328,315 for the Tahquitz Canyon Way Median Landscaping Phase 2 Project (CP 13-33); 4) Delegate authority to the City Manager to approve and execute construction contract change orders up to a cumulative amount of 5% of the contract amount ($66,416); and 5) Authorize the City Manager to execute all necessary documents. A____.

5.B. EXTENSION OF HOTEL INCENTIVE PROGRAM PARTICIPATION FOR NEW CHURCH II, LLC AND 750 LOFTS, LLC FOR THE ORCHID TREE HOTEL, 261 SOUTH BELARDO ROAD, AND THE 750 LOFTS PROJECT, 750 NORTH PALM CANYON DRIVE FOR A PERIOD OF ONE (1) YEAR FOR PROJECT ENTITLEMENT, WITH CONSTRUCTION COMMENCING NO LATER THAN DECEMBER 31, 2017:
RECOMMENDATION: 1) Approve eligibility for participation in the Hotel Incentive Program by New Church II, LLC for the Orchid Tree Inn & Spa, located at 261 South Belardo Road for a period of one year, extending the deadline for project entitlement until December 31, 2015; the deadline for commencing construction remains on December 31, 2017; and 2) Approve eligibility for participation in the Hotel Incentive Program by 750 Lofts, LLC for the 750 Lofts hotel project, located at 750 North Palm Canyon Drive for a period of one year, extending the deadline for project entitlement until December 31, 2015; the deadline for commencing construction remains on December 31, 2017.

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, January 7, 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.

~ ~ HAPPY HOLIDAYS FROM THE CITY OF PALM SPRINGS ~ ~