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Home My WebLink About2018-11-29 CC MINUTES Thursday, November 29, 2018 Minutes of the Special Meeting of the City Council CALL TO ORDER A Special Meeting of the Palm Springs City Council was called to order by Mayor Moon on Thursday, November 29, 2018, at 6:11 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 Tem 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; 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. REPORT OF CLOSED SESSION The Special Closed Session of the City Council of November 29, 2018, was called to order by Mayor Moon at 5:00 p.m., with all members present. The meeting convened into Closed Session to discuss the following items as listed on the Special Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1): 4348 Lockwood Ave LLC et al v. City of Palm Springs Case No. RIC1703102, Riverside Superior Court, Riverside Division EHOF Canyon View, LLC v. City of Palm Springs Case No. PSC 1806289, Riverside County Superior Court, Palm Springs Division City Council Minutes November 29, 2018 City of Palm Springs Page 2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Number of Anticipated Cases: 8, including Robolights 2018/19 CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Number of Cases: 2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957(b)(1): City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8 Property Address/Description: State Highway 111, Vista Chino and Gene Autry Trail Within the Boundaries of the City of Palm Springs Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: State of California, Caltrans Under Negotiation: Terms of Payment (Relinquishment) 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) Property Address/Description: 3.6 Acres at SE corner of Indian Canyon Drive and San Rafael Road APN 501-031-028 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Community Housing Opportunities Corporation (CHOC) Under Negotiation: Price and Terms of Payment (Sale) CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: Agency Designated Representatives: City Manager David Ready and Attorney Peter Brown Employee Organizations: Palm Springs Fire Management Association Palm Springs Police Management Association Palm Springs Police Officers Association Service Employees International Union Local 721 City Council Minutes November 29, 2018 City of Palm Springs Page 3 City Attorney Kotkin reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items; reported that the City Council unanimously added an urgency Closed Session Item, one case of Initiation of Litigation, related to motorized scooters in the Downtown, noting that there was a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda; advised that the City Council directed the City Attorney to notify Bird Scooter to remove all scooters and cease activities within 24 hours and further directed the City Manager to confiscate all scooters, if not removed; advised that the City reached a settlement agreement related to Robolights and summarized the terms of the agreement, noting that the agreement is on file with the City Clerk; noted that City Manager Ready recused himself related to the Lockwood litigation. 1. PUBLIC HEARINGS A. PROVIDE DIRECTION REGARDING DRAFT MAPS FOR VOTING DISTRICT BOUNDARIES FOR A CITY COUNCIL DISTRICT-BASED ELECTORAL SYSTEM PURSUANT TO ELECTIONS CODE SECTION 10010 City Clerk Mejia presented the staff report. Mayor Moon opened the Public Hearing. Jim Franklin, representing the Palm Springs Regional Realtors Association, voiced support for the “Middleton Test 6B” Map. David Freedman, expressed support for the “Middleton Test 6B” Map. Tony Aguilar, stated that he was assured by the City Manager and City Attorney that the topic of the Mayoral position could be discussed. Norm King, suggested that the proposed maps be submitted to the voters. Judy Deertrack, questioned the City Council’s authority to take action on Districting. David Feltman, conveyed support for the “Middleton Test 6B” map. Ken Cotterlin, expressed support for the “Middleton Test 5” and “Middleton Test 6A” maps. Paula Auburn, urged the City Council to ensure that the Desert Aids Project is included in the same district as the Sunrise Vista Chino Neighborhood. Fiona Foyston, requested that the City Council include the Desert Aids Project and Sunrise Vista Chino Neighborhood in the same district. Jerry Cruz, representing the Sunrise Vista Chino Neighborhood, recommended that the City Council include the Desert Aids Project in the same district. Bruce Hoban, voiced support for splitting the southerly portion of the City into two districts. City Council Minutes November 29, 2018 City of Palm Springs Page 4 John McCoy, spoke in support of the “Middleton Test 6B” map. Edwin Ramoran, voiced support for ensuring that establishment of a minority/majority district. Dieter Crawford, requested that the boundaries for District 1 be adopted, as depicted in “Crawford Modified 2” map. Mayor Pro Tem Roberts and Councilmember Holstege noted that recent newspaper articles inaccurately reported that the City Council was concerned with protecting incumbency; noted that the City has conducted a robust and transparent public engagement process and that the City Council should adopt the best map for the City. In response to City Council inquiry, City Attorney Kotkin advised that the City Council has authorized the public release of the demographic data, noting that it will be included in the next staff report related to districting. Councilmember Middleton spoke on the misperceptions regarding the Middleton Test Maps, noting that the proposed maps were based on merging the best aspects of the “NDC Smoke Tree” and maps drafted by Dixie Miller, Dieter Crawford, and others; noted that she was unaware of the exact location on Mayor Pro Tem Roberts new residence and did not take that issue into consideration in preparing her test maps; pointed out that nine other maps split the southerly portion of the City into two districts, noting that residents in the southerly portion of the City stated that they orient themselves and their communities of interest in a north/south fashion, based on road accessibility to the rest of the City. In response to City Council inquiry, Special Counsel William Priest advised that the final maps are compliant in letter and spirit of the California Voting Rights Act and Federal Voting Rights Act. There being no others desiring to speak, Mayor Moon closed the Public Hearing. MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to select “Middleton Test 6B” map as the final district boundaries map, with direction that the Desert Aids Project and Sunrise Vista Chino Neighborhood be included in District 2. ADJOURNMENT At 8:18 p.m., the City Council adjourned to the next Regular Meeting Wednesday, December 5, 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. Respectfully submitted, Anthony J. Mejia, MMC City Clerk