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Wednesday, May 16, 2018
Minutes of the Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, May 16, 2018, at 6:10 p.m., in the Council Chamber, City Hall, located at 3200
E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE
Mayor Moon led the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Christy Holstege, Geoff Kors, Lisa Middleton; Mayor Pro Tern
J.R. Roberts; and Mayor Robert Moon.
Absent: None.
City Staff
Present: David H. Ready, City Manager; Edward Z. Kotkin, City Attorney; Marcus Fuller,
Assistant City Manager; Geoffrey S. Kiehl, Director of Finance and Treasurer;
and Anthony J. Mejia, City Clerk were present at Roll Call. Other staff members
presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS
Mayor Moon called for a moment of silence in honor of National Peace Officers Memorial
Week. Fallen Officers in Palm Springs include Gale Eldridge, Lyle Larrabee, Jose "Gil" Vega,
and Lesley Zerebny and all the brave men and women Public Safety Officers throughout the
country who have fallen, in the line of duty, in order to serve and protect.
ACCEPTANCE OF THE AGENDA
Councilmember Middleton noted her recusal on Item No. 1 P.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to accept the agenda, with the removal of Items No. 1 B, IC, 1 H, 11, 1 J, 1 K, IN,
and 10 for separate discussion and tabling Item No. 5C.
City Council Minutes May 16, 2018
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of May 16, 2018 was called to order by Mayor
Moon at 4:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the
Regular Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
Lee H. Brandenburg and Diane M. Brandenburg, Individually and as Trustees of the
Brandenburg Revocable Trust and Dennis A. Cunningham and Andrea C. Cunningham
individually, and in their capacities as Trustees of the Cunningham Family Trust Dated
1211412000 v. City of Palm Springs et al.
Case No. PSC 1606147, Riverside Superior Court, Palm Springs Division
Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC 1703102, Riverside Superior Court, Riverside Division
CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Cases: 9
Including one (1) Case Re: Tamarisk Tree Removal, Lawrence Crossley Neighborhood
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 4
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code
Section 54957(b)(1):
City Manager
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District; Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment (Lease)
City of Palm Springs Page 2
City Council Minutes May 16, 2018
Property Address/Description: 4449 N. Indian Canyon Dr., APN 669-330-047
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Desert Community College District
Under Negotiation: Price and Terms of Payment (Acquisition)
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:
Agency Designated Representatives: City Manager David Ready and Attorney
Peter Brown
Employee Organizations: Management Association of Palm Springs
Palm Springs Fire Safety
Palm Springs Fire Management
Palm Springs Police Management Association
Palm Springs Police Officers Association
Service Employees International Union Local 721
City Attorney Kotkin reported that the City Council received briefings and provided direction to
staff regarding the agendized Closed Session Items, but did not take any reportable action; noted
that Mayor Pro Tern Roberts and Councilmember Middleton recused themselves regarding one
case of Initiation of Litigation and left the Closed Session; noted that City Manager Ready
recused himself regarding the Lockwood matter and left the Closed Session; advised that all
recusals were based on real property interest within 500 feet of the items in question.
PUBLIC TESTIMONY
Jim Harmon, representing IP Motor Cars Limited, speaking on Item 5A, urged the City Council
to approve the requested signage program.
Chris Hector, representing Indigo Auto Group, speaking on Item 5A, urged the City Council to
approve the requested signage program.
TonAguilar, speaking on Item 10, spoke in support of districting; expressed opposition to
rotating the Mayoral position, advocating for retaining the Mayoral position as at -large.
Darrell Baum, Wabi Sabi Japan Living, speaking on Item 1N, spoke in support of the proposed
ordinance; expressed gratitude to the City Council for finding a solution to accommodate the
signage needs of small businesses that do not have street frontage.
Luis Nolasco, representing the American Civil Liberties Union of Southern California, speaking
on Item 1I, urged the City Council to join the amicus brief, citing the importance of supporting
the immigrant community.
Jennaya Dunlap, representing the Inland Coalition for Immigrant Justice, speaking on Item II,
urged City Council to support signing onto the amicus brief, pointing out that the legislation will
help ensure the safety of the immigrant community.
City of Palm Springs Page 3
City Council Minutes May 16, 2018
Ken Woods, speaking on Item 1I, spoke on his experience when his partner became ill and do to
concerns over his immigration status, he received inadequate healthcare and passed away at the
age of 38; urged the City Council to support joining the amicus brief.
Lynn O'Neill, representing the Coachella Valley Immigrant Dignity Group, speaking on Item 1I,
urged City Council to join the amicus brief, citing concerns regarding federal overreach and
protecting immigrant rights.
Lewis Stewart, speaking on Item 1I, spoke on America's history of internment, urging the City
Council to support joining the amicus brief.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Mayor Moon reported that the City Council Ad Hoc Subcommittee concerning the Walk of Stars
will present its recommendations at the next City Council meeting; noted that the
recommendations on the Walk of Stars will include consideration of entering into a service
agreement with the Chamber of Commerce for operation of the Walk of Stars Program.
Councilmember Middleton reported on the first meeting of the City Council Subcommittee on
Affordable Housing and requested that an Ad Hoc Subcommittee on Affordable Housing be
established; spoke on her attendance at a Southern California Association of Governments
(SCAG) meeting, noting that she will bring forward a request to support Senate Bill 1 and to
oppose any efforts to overturn the bill; requested that staff evaluate how to assist residents in
preparing for a natural disaster or emergency and the aftermath; advised that Councilmember
Kors and herself are serving on the City Council Subcommittee on the California Voting Rights
Act and considering the hiring of a diversity consultant to assist with the process; recommended
that the City Council extend the terms of Board and Commission Members for six months to
allow for additional recruitment during the districting process; reported on the meeting between
the City Manager, senior staff, and the Deaf community, noting that several recommendations
will be forwarded to City Council as a result of the meeting.
Mayor Pro Tern Roberts reported on the Coachella Valley Association of Governments (CVAG)
Public Safety Committee meeting, noting discussion on the large Coachella Valley concerts.
Councilmember Kors reported that the City Attorney conducted a training for Boards and
Commissions on the City's new Public Integrity Law; advised that additional recommendations
related to public integrity laws will be forwarded to the City Council; advised that the City
Council Subcommittee on Business Retention will be working with the Chamber of Commerce
to develop programs to promote local businesses.
Councilmember Holstege report on the press conference held at the Rosa Gardens Apartments
promoting affordable housing; spoke on the Human Rights Commission's ceremony recognizing
the local students who organized the local March for Our Lives; requested that consideration of
establishing an Affordable Housing Fund be agendized for a future City Council meeting;
requested that an informational flyer be created to inform applicants about the cannabis
permitting process.
City of Palm Springs Page 4
City Council Minutes May 16, 2018
Mayor Moon provided an update on the Town and Country Center. In response to Mayor
Moon's inquiry, Planning Director Fagg advised that the Cameron Project developers held a
community meeting regarding the landscape plan and said plans will be submitted to the
Architectural Advisory Committee.
1. CONSENT CALENDAR
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM ROBERTS,
CARRIED 5-0, to approve the Consent Calendar, with the removal of Items No. 1 B, IC, 1 H,
1I7 1J, 1K, 1N, 10 from the Consent Calendar, for separate discussion and a recusal by
Councilmember Middleton on Item No. 1P.
A. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
CLASS 1 HISTORIC SITE LOCATED AT 1819 SANDCLIFF ROAD,
HSPB 93/HD-5
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement with Mark Anello and
Sandcliff Homeowners Association, for 1819 Sandcliff Road, a Class 1 Historic Site,
HSPB 93/HD-5. A7136.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF APRIL 2018
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
C. APPROVE A RESOLUTION AUTHORIZING THE CITY OF PALM SPRINGS'
PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT
CERTIFICATE (MCC) PROGRAM
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
City of Palm Springs Page 5
City Council Minutes May 16, 2018
D. AWARD A CONSTRUCTION CONTRACT TO SPIESS CONSTRUCTION CO.,
INC. IN THE AMOUNT OF $995,884.98 AND APPROVE A PURCHASE ORDER
IN AN AMOUNT NOT TO EXCEED $55,450 TO INTERWEST CONSULTING
GROUP, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR THE TAHQUITZ CREEK LEVEE IMPROVEMENTS
PROJECT, CP 08-26
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Award a construction contract to Spiess Construction Co., Inc., a California
corporation, in the amount of $995,884.98 for the Tahquitz Creek Levee
Improvements Project, CP 08-26. A7137.
2. Authorize a Purchase Order to Interwest Consulting Group, Inc., pursuant to On -Call
Agreement No. A6686 in the amount not to exceed $55,450 for construction
management and inspection services for the Tahquitz Levee Reconstruction Project,
CP 08-26.
3. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $99,590 (10% of construction contract).
4. Authorize the City Manager to execute all necessary documents.
E. SUMMARY OF ADMINISTRATIVE APPEALS BOARD DECISIONS
RELATING TO VACATION RENTAL COMPLIANCE DEPARTMENT
ENFORCEMENT:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to receive and file the summary of the Administrative
Appeals Board hearing decisions relating to Vacation Rental Compliance Department
enforcement.
F. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2018
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of
March 31, 2018.
City of Palm Springs Page 6
City Council Minutes May 16, 2018
G. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Adopt Resolution No. 24412 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 02-24-2018 BY
WARRANTS NUMBERED 420223 THROUGH 420224, 420227, AND 420238
THROUGH 420248 TOTALING $25,141.91, LIABILITY CHECKS NUMBERED
1097651 THROUGH 1097670 TOTALING $77,164.28, FIVE WIRE TRANSFERS
FOR $61,936.21, AND THREE ELECTRONIC ACH DEBITS OF $1,4217756.64 IN
THE AGGREGATE AMOUNT OF $1,585,999.04, DRAWN ON BANK OF
AMERICA."
2. Adopt Resolution No. 24413 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1097671 THROUGH
1097753 IN THE AGGREGATE AMOUNT OF $1,646,032.19, DRAWN ON
BANK OF AMERICA."
3. Adopt Resolution No. 24414 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1097754 THROUGH
1097908 IN THE AGGREGATE AMOUNT OF $24147566.65, DRAWN ON
BANK OF AMERICA."
4. Adopt Resolution No. 24415 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 03-10-2018 BY
WARRANTS NUMBERED 420249 THROUGH 420258 TOTALING $20,609.83,
LIABILITY CHECKS NUMBERED 1097909 THROUGH 1097928 TOTALING
$77,089.23, FIVE WIRE TRANSFERS FOR $73,957.53, AND THREE
ELECTRONIC ACH DEBITS OF $1,337,879.25 IN THE AGGREGATE AMOUNT
OF $1,509,535.84, DRAWN ON BANK OF AMERICA."
5. Adopt Resolution No. 24416 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1097929 THROUGH
1098051 IN THE AGGREGATE AMOUNT OF $2,666,596.10, DRAWN ON
BANK OF AMERICA."
6. Adopt Resolution No. 24417 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098052 THROUGH
1098183 IN THE AGGREGATE AMOUNT OF $879,505.77, DRAWN ON BANK
OF AMERICA."
City of Palm Springs Page 7
City Council Minutes May 16, 2018
7. Adopt Resolution No. 24418 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 03-24-2018 BY
WARRANTS NUMBERED 420259 THROUGH 420273 TOTALING $26,550.31,
LIABILITY CHECKS NUMBERED 1098184 THROUGH 1098187 TOTALING
$1,343.64, FIVE WIRE TRANSFERS FOR $4,189.71, AND THREE
ELECTRONIC ACH DEBITS OF $1,448,478.06 IN THE AGGREGATE AMOUNT
OF $1,480,561.72, DRAWN ON BANK OF AMERICA."
8. Adopt Resolution No. 24419 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098188 THROUGH
1098287 IN THE AGGREGATE AMOUNT OF $1,253,673.18, DRAWN ON
BANK OF AMERICA.11
H. AUTHORIZE A LETTER OF SUPPORT FOR ASSEMBLY BILL 1885,
UNDOCUMENTED WORKERS: CALIFORNIA RESIDENT WORKER
PROGRAM AND ECONOMIC STABILIZATION ACT
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
I. AMICUS BRIEF IN OPPOSITION TO THE DEPARTMENT OF JUSTICE
LAWSUIT AGAINST THE STATE OF CALIFORNIA AS IT RELATES TO
SENATE BILL 54, ASSEMBLY BILL 450, AND ASSEMBLY BILL 103
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
J. AUTHORIZE A LETTER OF SUPPORT FOR SENATE BILL 1043,
DEPARTMENT OF VETERANS AFFAIRS: VETERANS' SERVICES
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
K. AUTHORIZE AN AGREEMENT FOR HOMELESS WRAP -AROUND
SERVICES WITH MARTHA'S VILLAGE & KITCHEN, INC
This item was excluded from the Consent Calendar. Please refer to Page 19 of these
minutes for a summary of that action.
City of Palm Springs Page 8
City Council Minutes May 16, 2018
L. COMMUNITY FACILITIES DISTRICT CHANGE IN ANNUAL CONSUMER
PRICE INDEX MEASURE
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Adopt Resolution No. 24420 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING A NEW CPI
TO BE USED FOR RATE CALCULATION FOR THE COMMUNITY
FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES)."
2. Adopt Resolution No. 24421 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING A NEW CPI
TO BE USED FOR RATE CALCULATION FOR THE COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)."
3. Authorize the City Manager to execute all necessary documents.
M. AWARD A CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION
COMPANY, IN THE AMOUNT OF $4819184.00 FOR THE PALM SPRINGS
CONVENTION CENTER PARKING LOT (PHASE 2), CP 17-14
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Award a construction contract to Granite Construction Company, a California
corporation, in the amount of $481,184 for the Palm Springs Convention Center
Parking Lot (Phase 2), CP 17-14. A7138.
2. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $48,118 (10% of construction contract).
3. Authorize the City Manager to execute all necessary documents.
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1956 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, MAKING MINOR
MODIFICATIONS AND CORRECTIONS TO SECTION 93.20.00 THROUGH
93.20.13 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATIVE TO THE
CITY'S SIGN ORDINANCE (CASE 5.1416-A ZTA)
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
City of Palm Springs Page 9
City Council Minutes May 16, 2018
O. DISCUSSION OF THE SCHEDULE AND COMMUNITY OUTREACH TOOLS
TO AID IN THE TRANSITION FROM AN AT -LARGE ELECTORAL SYSTEM
TO A DISTRICT -BASED ELECTORAL SYSTEM FOR MEMBERS OF THE
CITY COUNCIL
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
P. NUSA CONTRACT / USER AGREEMENT WITH HOST HOTELS
Councilmember Middleton announced her recusal on this item, noting that she serves on
the Board of Directors of NUSA.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 4-0 (WITH COUNCILMEMBER MIDDLETON RECUSED), to
approve the NUSA contract and the user agreement between the Renaissance Palm
Springs and Hilton Palm Springs.
Q. APPROVAL OF AN AMENDMENT TO AGREEMENT NO. A6017 FOR
TRANSIENT OCCUPANCY TAX COMPLIANCE PROGRAM AUDITING
SERVICES WITH MUNISERVICES, LLC
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement No. A6017 with MuniServices, LLC to
provide the City Transient Occupancy Tax Compliance Program Services, adding and
clarifying language relating to the confidentiality of information, and extending the
term of the agreement for three (3) additional years ending June 30, 2021, with the
option for adding one (1) additional year.
2. Authorize the City Manager to execute all necessary documents.
EXCLUDED CONSENT CALENDAR
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF APRIL 2018
Mayor Pro Tem Roberts questioned whether the City seeks reimbursement when a person
damages City property, such as a car accident involving a traffic signal. City Manager
Ready advised that in cases where a person causes damage to City property, the City
subrogates the claim; advised that the City Attorney will prepare a status report for the
City Council.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the report of Staff Authorized
Agreements and Purchase Orders for the period of April 1 through April 30, 2018.
City of Palm Springs Page 10
City Council Minutes May 16, 2018
C. APPROVE A RESOLUTION AUTHORIZING THE CITY OF PALM SPRINGS'
PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT
CERTIFICATE (MCC) PROGRAM
Director of Economic Development Virata explained the Mortgage Credit Certificate
program helps individuals to qualify for home loans or qualify for higher home loans.
Councilmember Kors requested that staff outreach to real estate agents to help inform the
community about the program.
Councilmember Holstege advised that the City Council Subcommittee on Affordable
Housing will examine best practices of other cities and work with staff to inform the
community about the program.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24411 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT
CERTIFICATE (MCC) PROGRAM".
2. Authorize the City Manager to execute all necessary documents.
H. AUTHORIZE A LETTER OF SUPPORT FOR ASSEMBLY BILL 1885,
UNDOCUMENTED WORKERS: CALIFORNIA RESIDENT WORKER
PROGRAM AND ECONOMIC STABILIZATION ACT
Councilmembers Holstege and Middleton spoke in support of the proposed resolution,
noting the contributions of the immigrant community; requested that the letter of support
be immediately transmitted to the Legislature.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to authorize a letter of support to the author(s) of AB 1885,
Undocumented Workers: California Resident Worker Program and Economic
Stabilization Act.
City of Palm Springs Page 11
City Council Minutes May 16, 2018
I. AMICUS BRIEF IN OPPOSITION TO THE DEPARTMENT OF JUSTICE
LAWSUIT AGAINST THE STATE OF CALIFORNIA AS IT RELATES TO
SENATE BILL 54, ASSEMBLY BILL 450, AND ASSEMBLY BILL 103
Councilmember Kors summarized the litigation filed by the Federal Government against
the State of California for its efforts to protect immigrants; urged the City Council to
support joining the amicus brief.
Councilmember Holstege expressed support for the City taking a position in supporting
the legislation and joining the amicus brief; spoke on the contributions of the immigrant
community on the local economy.
Councilmember Middleton conveyed opposition to splitting up families who are living
and working in the community in a positive manner; spoke on the need for Congress to
take action on immigration reform.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to approve joining an amicus brief prepared by the ACLU of
Southern California in opposition to the DOFs lawsuit against the State of California and
authorize the City Attorney to take actions related thereto.
J. AUTHORIZE A LETTER OF SUPPORT FOR SENATE BILL 10439
DEPARTMENT OF VETERANS AFFAIRS: VETERANS' SERVICES
Councilmember Kors urged residents to send letters of support for Senate Bill 1043,
noting that it will provide continuing appropriations for veteran services.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to authorize a letter of support to the author(s) of Senate Bill
1043, Department of Veterans Affairs: veterans' services.
K. AUTHORIZE AN AGREEMENT FOR HOMELESS WRAP -AROUND
SERVICES WITH MARTHA'S VILLAGE & KITCHEN, INC
This Item was moved to New Business under Section 5F.
City of Palm Springs Page 12
City Council Minutes May 16, 2018
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1956 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, MAKING MINOR
MODIFICATIONS AND CORRECTIONS TO SECTION 93.20.00 THROUGH
93.20.13 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATIVE TO THE
CITY'S SIGN ORDINANCE (CASE 5.1416-A ZTA)
Director of Planning Services Fagg summarized the modifications made at first reading
of the ordinance and noted that the City Council Subcommittee on Business Retention
recommended additional modifications to allow open/closed signage at the entrances of
businesses and modifications to the administrative guidelines related to portable signs.
Mayor Pro Tem Roberts expressed concerns related to the proliferation of open/close
signage which is illuminated and/or blinks. Councilmember Holstege recommended
reviewing the matter in one year for re-evaluation.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Ordinance No. 1956 "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
MINOR MODIFICATIONS AND CORRECTIONS TO SECTIONS 93.20.00
THROUGH 93.20.13 OF THE PALM SPRINGS ZONING CODE RELATIVE TO THE
CITY'S SIGN ORDINANCE (CASE 5.1416-A ZTA)."
O. DISCUSSION OF THE SCHEDULE AND COMMUNITY OUTREACH TOOLS
TO AID IN THE TRANSITION FROM AN AT -LARGE ELECTORAL SYSTEM
TO A DISTRICT -BASED ELECTORAL SYSTEM FOR MEMBERS OF THE
CITY COUNCIL
This Item was moved to Unfinished Business under Section 4A.
2. PUBLIC HEARINGS
A. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT
AMENDMENT TO REVISE PALM SPRINGS ZONING CODE SECTIONS
91.00.10 AND 94.04.00 TO ALLOW ADMINISTRATIVE APPROVAL OF
AGRICULTURAL STRUCTURES IN THE E-I (ENERGY INDUSTRIAL) ZONE
AND M-2 (MANUFACTURING) ZONE, CASE 5.1442 ZTA
Director of Planning Services Fagg presented the staff report.
Councilmember Holstege noted that the City Council should be careful about exemptions
as to not incentivize one use over another;
In response to City Council inquiry, Director Fagg displayed a map of affected areas;
noted that agricultural structures would be subject to the architectural review process,
which does not require a public hearing.
City of Palm Springs Page 13
City Council Minutes May 1 b, 2018
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak
to this issue.
During the course of discussion, the City Council agreed to modify the definition of
"Agricultural structure" to read as follows:
"Agricultural structure" shall mean a structure used for agricultural purposes in which the
use is exclusively in connection with the production, harvesting, storage, drying, or
raising of agricultural commodities, including livestock. The structure may be used for
the storage of agricultural commodities and farm implements or for processing, treatment
or packaging, ,
mod.,,
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to introduce Ordinance No. 1957 entitled "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10
AND 94.04.00 OF THE PALM SPRINGS MUNICIPAL CODE TO ALLOW
ADMINISTRATIVE APPROVAL OF AGRICULTURAL STRUCTURES IN THE E-I
(ENERGY INDUSTRIAL) AND M-2 (MANUFACTURING) ZONES (CASE 5.1442
ZTA), as amended.
B. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT
AMENDMENT TO AMEND PALM SPRINGS ZONING CODE SECTIONS
91.00.109 92.09.019 AND 92.09.02 TO ALLOW GROCERY STORES IN THE CBD
(CENTRAL BUSINESS DISTRICT) ZONE AND TO PROVIDE FOR OTHER
MINOR MODIFICATIONS TO THE LIST OF PERMITTED USES (CASE 5.1443
ZTA)
Director of Planning Services Fagg presented the staff report.
In response to City Council inquiries, Director Fagg summarized the Planning
Commission's rationale for opposing overnight animal boarding in the CBD, noting that
concerns were raised relative to disposal of animal waste, lack of exercise space, and
noise from entertainment venues impacting the animals; explained that drug stores
typically require 12,000-15,000 square feet and Trader Joe's and other specialty grocers
typically need under 15,000 square feet; explained that the Planning Commission opposes
allowing banks with a drive-thru due to the desire to create a pedestrian friendly area,
noting there are no existing banks with a drive-thru in the CBD; explained that the
Planning Commission desires to have grocery stores which exceed 25% of a regular
street block's frontage to require a Conditional Use Permit.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak
to this issue.
Mayor Moon and Mayor Pro Tem Roberts expressed concern regarding light spillage
from storefronts. Director Fagg suggested that the City could utilize the outdoor lighting
ordinance to address light spillage from interior uses.
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Councilmember Holstege and Mayor Pro Tern Roberts expressed support for additional
consideration by the Planning Commission to allow overnight animal boarding in the
CBD.
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Introduce Ordinance No. 1958 entitled "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONE CODE
SECTIONS 91.00.10, 92.09.01, AND 92.09.02 TO ALLOW GROCERY STORES
WITHIN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE AND TO
PROVIDE FOR OTHER MINOR MODIFICATIONS AND CORRECTIONS
(CASE 5.1443 ZTA)."
2. Referred to the Planning Commission consideration of allowing overnight animal
boarding, banks with a drive-thru, and tattoo/piercing parlors in the CBD.
C. DELINQUENT WASTE DISPOSAL CHARGES
Mayor Moon announced this item was continued to a Public Hearing on June 6, 2018,
with no public testimony received at this time.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS
A. DISCUSSION AND ADOPTION OF THE STATEMENT OF PRINCIPLES,
SCHEDULE, AND COMMUNITY OUTREACH TOOLS TO AID IN THE
TRANSITION FROM AN AT -LARGE ELECTORAL SYSTEM TO A DISTRICT -
BASED ELECTORAL SYSTEM FOR MEMBERS OF THE CITY COUNCIL
(REVISED ON 05/15/18)
City Clerk Mejia presented the staff report.
Councilmember Middleton presented the Statement of Principles to help guide the
Districting process; advised that the CVRA Working Group will evaluate policy issues
and will present its recommendations to the City Council.
City Clerk Mejia summarized the districting process and timeline, noting that two public
hearings are considered "pre -map" in which the City is soliciting input on communities
of interest and the subsequent public hearings are to seek input on the proposed district
maps.
City Manager Ready noted that it is the recommendation of the City Council
Subcommittee that educational mailers would be sent to all residents regarding the
districting process.
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City Council Minutes May 16, 2018
Councilmember Holstege recommended that the City engage a Diversity Consultant to
assist in outreach efforts.
Mayor Moon requested that discussion of whether the community supports four districts
and a directly -elected Mayor or five districts and a rotating Mayor be included in the
community meetings.
Mayor Pro Tern Roberts suggested that consideration be given to establishing a seven -
member City Council, which retains two at -large City Council seats.
Councilmember Kors explained that the CVRA Working Group recommended the
creation of a minority/majority district and keep existing neighborhood organizations
intact should be priorities.
Councilmember Holstege requested that the Statement of Principles to include the
following verbiage, "Maximize the goals of the CVRA, includingcivil rights, equity and
inclusion."
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to adopt the Statement of Principles,
schedule of City Council Public Hearings and community outreach events, and tools to
aid in the transition from an at -large electoral system to a district -based electoral system
for members of the City Council, as amended.
5. NEW BUSINESS
A. VIP MOTORCARS REQUESTING AN AMENDMENT TO AN EXISTING SIGN
DISTRICT TO ADD ONE (1) 33-SQUARE FOOT SIGN AT THE MERCEDES-
BENZ DEALERSHIP LOCATED AT 4095 EAST PALM CANYON DRIVE,
ZONE C-2 (CASE 18-001 SD); AND INDIGO AUTO GROUP REQUESTING AN
AMENDMENT TO AN EXISTING SIGN DISTRICT TO ADD FIVE (5) SIGNS
FOR A PROPOSED NEW AUTO DEALERSHIP BUILDING LOCATED AT 3737
EAST PALM CANYON DRIVE, ZONE C-2. (CASE 18-002 SD) (GM)
Director of Planning Services Fagg presented the staff report.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24422 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDED SIGN DISTRICT TO INCLUDE ONE (1) 33-SQUARE
FOOT SIGN ATTACHED TO THE FRONT FACADE OF THE MERCEDES-BENZ
AUTO DEALERSHIP; AND THE ADDITION OF FIVE (5) NEW SIGNS TO THE
NEW PORSCHE DEALERSHIP LOCATED AT 3737 AND 4095 EAST PALM
CANYON DRIVE.
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B. AWARD CONTRACT SERVICES AGREEMENTS FOR LANDSCAPE AND
GROUNDS MAINTENANCE SERVICES — INVITATION FOR BIDS 18-05, 18-06,
AND 18-07; AND REJECT ALL BIDS RECEIVED FOR INVITATION FOR BID
18-08 FOR CITYWIDE TREE TRIMMING SERVICES
Assistant City Manager Fuller presented the staff report.
In response to City Council inquiry, Assistant City Manager Fuller advised that if the
City Council determines to reject all bids, Mariposa would have an opportunity to re -bid
the project.
Councilmember Middleton requested that consideration of ensuring living wage is
provided for employees of City -engaged contractors be discussed at a future City Council
meeting.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Award a Contract Services Agreement for City Parks Landscape and Grounds
Maintenance Services to Conserve LandCare, Inc., a California Corporation, in the
amount of $682,854.00 pursuant to Invitation For Bids No. 18-05, Bid Schedules A
and B, for an initial term of three (3) years, with two (2) optional one (1) year
extensions. A7139.
2. Award a Contract Services Agreement for City Facilities Landscape and Grounds
Maintenance Services to PWLC II, Inc., a California corporation, in the amount of
$408,698.00 pursuant to Invitation For Bids No. 18-06, Bid Schedules A through D,
for an initial term of three (3) years, with two (2) optional one (1) year extensions.
A7140.
3. Reject the bid received from GDNC, Inc., dba GLS Landscaping as being non-
responsive to the bidding requirements, and award a Contract Services Agreement for
Assessment Districts, Parkways and Medians Landscape and Grounds Maintenance
Services to Urban Habitat Environmental Landscapes, a California corporation, in the
amount of $256,002.20 pursuant to Invitation For Bids No. 18-07, Bid Schedules A
through C, for an initial term of three (3) years, with two (2) optional one (1) year
extensions. A7141.
4. Reject all bids received in response to the Annual Citywide Tree Trimming Services,
Invitation For Bids No. 18-08, and authorize staff to re -advertise and solicit new bids.
5. Authorize the City Manager to approve and execute Contract Change Orders up to an
additional cumulative amount of $100,000 for additional or emergency landscape,
and grounds maintenance services.
6. Authorize the City Manager to execute all necessary documents.
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C. INTRODUCTION OF PALM SPRINGS LOVE FUND
At the request of staff, this item was deleted from the agenda.
D. PRELIMINARY AIRPORT BUDGET FOR THE FISCAL YEAR 2018-19
City Manager Ready presented the staff report.
In response to City Council inquiry, City Manager Ready reviewed the City Council's
past direction related to the PERS Reserve Fund, noting that the annual PERS payment is
included in the personnel costs within the City's budget; noted that the City will be
entering into negotiations with airlines and there is a possibility of increasing fees.
City Manager Ready noted that the Airport Budget will be included in the budget
approval process to be presented to City Council on June 6, 2018.
The City Council took no action on this item.
E. CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR 2018-19
BUDGET
City Manager Ready highlighted that additional staffing support is needed in the areas of
cannabis facility and fire inspections; noted that the additional expenses would be offset
by permit fees.
The City Council took no action on this item.
F. AUTHORIZE AN AGREEMENT FOR HOMELESS WRAP -AROUND
SERVICES WITH MARTHA'S VILLAGE & KITCHEN, INC
Director of Economic Development Virata presented the staff report.
Councilmember Holstege spoke in support of the agreement and the positive benefits to
the community; noted that there is an additional $50,000 available and questioned
Ms. Barrack if Martha's Village could utilize the funds for another program.
Linda Barrack, CEO, Martha's Village and Kitchen, Inc., suggested that the additional
funds could be utilized for emergency assistance to help residents at -risk of
homelessness.
Councilmember Kors noted that the City Council Subcommittee on Homelessness will
discuss with the Healthcare District the possibility of allocating additional funding for
emergency assistance.
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City Council Minutes May 16, 2018
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to authorize the City Manager to execute a Contract Services
Agreement for an amount not to exceed $150,000, to provide for homeless Wrap -Around
Services for individuals who are homeless or at risk of becoming homeless, for one year
commencing June 1, 2018, with two (2), one (1) year options subject to the City Council
approval. A7142.
PUBLIC COMMENT
Chris Van Houghton, Coachella Valley Derby Girls, requested assistance from the City to help
find a venue for derby bouts.
Allen Worthy reported that the City is in default of his claim; alleged three Councilmembers are
in violation of their oaths of office.
Sid Craig reported the Police Advisory Board is celebrating its tenth year of having an interpreter
for the deaf and hard -of -hearing on the Board.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
At the request of Councilmember Middleton, Mayor Moon appointed Councilmembers Holstege
and Middleton to an Ad Hoc Committee on Affordable Housing.
Councilmember Middleton and Holstege reported on the meeting of the League of California
Cities, Riverside Chapter, in which positions were taken on pending legislation; noted that
concerns were raised to the League Leadership that additional notice is needed in relation to the
pending legislation and it should be more focused on legislation impacting Riverside County.
Councilmember Kors noted that Councilmember Middleton and he will be visiting Sacramento
to lobby for legislation and urged Councilmembers to forward their requests for legislation to the
City Manager; requested a status update on the construction debris recycling ordinance and
demolition/remodel of historical structures ordinance.
At the request of City Council, City Manager Ready advised that staff will work with Mr. Van
Houghton to help find a suitable venue for the Derby Girls.
Mayor Pro Tern Roberts requested a status update on the animal breeding ordinance and
polystyrene ordinance; requested that discussion of the downtown furniture be agendized for a
future City Council meeting.
Councilmember Holstege noted that she is working with the Animal Shelter to develop a
legislative package, including animal -breeding, for City Council consideration.
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City Council Minutes May 16, 2018
ADJOURNMENT
At 9:46 p.m., the City Council adjourned to the next regular meeting Wednesday, June 6, 2018,
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.
Zc
tfully submitted,
vny J. 'ia, M C
City Clerk
City of Palm Springs Page 20