HomeMy WebLinkAbout2018-07-18 CC MINUTES
Wednesday, July 18, 2018
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council of the City of Palm Springs, was called
to order by Mayor Moon on Wednesday, July 18, 2018, at 6:00 p.m., in the Palm Springs
Convention Center, located at 277 N. Avenida Caballeros, 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.
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.
PRESENTATIONS: None.
ACCEPTANCE OF THE AGENDA
City Attorney Kotkin advised that prior to Closed Session, the City Council unanimously voted
to add to the agenda consideration of joining an amicus brief related to U.S. Immigration and
Customs Enforcement Policies, noting that there is 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.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to accept the agenda, with the removal of Item Nos. 1A, 1E, 1J,
1K, 1M, 1P, and 1S from the Consent Calendar for separate discussion and the addition of
urgency Item 5E, under New Business.
City Council Minutes July 18, 2018
City of Palm Springs Page 2
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of July 18, 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 – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 3
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Anticipated Cases: 2
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)
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)
Property Address/Description: 1433 and 1455 North Indian Canyon Drive
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Ken Agee
Under Negotiation: Terms of Payment (Substitution of Trustor)
City Council Minutes July 18, 2018
City of Palm Springs Page 3
Property Address/Description: 342-344 North Palm Canyon Drive
Agency: City of Palm Springs as Successor Agency to RDA
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: C. Harold Keasler Trust and James Edward Murphy Trust
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: Alleyway between the east (rear) side of the Plaza
Theater (128 S. Palm Canyon Drive, Palm Springs,
California 92262) and Indian Canyon Drive right of way.
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Plaza Investment Company
Under Negotiation: Price and Terms of Payment
Property Address/Description: Four areas for Plaza Theater signage in the front
Courtyard and separate Trash Area Site at the north side
of the Plaza Theater at 128 South Palm Canyon Drive.
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Wessman Family Trust
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATOR, 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;
provided a Closed Session report for the Special Closed Session of Jul y 17, 2018, noting that the
City Council took no reportable action in regards to the agendized performance evaluations.
City Council Minutes July 18, 2018
City of Palm Springs Page 4
PUBLIC TESTIMONY
Ron deHarte, representing the Human Rights Commission, speaking on Item 1A, urged the City
Council to adopt the proposed Resolution proclaiming Native American Day.
The following individuals spoke on Item 4A, urging the City Council to support their agency’s
funding request under the City’s Sponsorships and Program Grants:
Jody Diaz, on behalf of the Black History Committee
Melvin Watson, in support of the Black History Committee
Darrell Tucci, on behalf of the Desert Aids Project
Eric Chiel, on behalf of Dezart Performs
Stephen Heslin, on behalf of Digicom
Candice Nichols, on behalf of the LGBT Center of the Desert
Erica Reiter, on behalf of the Mizell Senior Center
Mark Marshall, on behalf of the Mizell Senior Center
Rae Hendryx, in support of the Mizell Senior Center
Laura Castillo, in support of the Mizell Senior Center
Alan Teitelman, in support of the Mizell Senior Center
Carol Fragen, in support of the Mizell Senior Center
John Williams, in support of the Mizell Senior Center
Cara Van Dijk, on behalf of the Palm Canyon Theater
Fred Bell, on behalf of the Palm Springs Air Museum
Molly Thorpe, on behalf of Palm Springs Marathon Runners
Ron deHarte, on behalf of Palm Springs Pride
Michael Leno, on behalf of Palm Springs Seventh-Day Adventist Church
Kirstie MacEwan, in support of Palm Springs Seventh-Day Adventist Church
Ruth Moir, on behalf of the Steinway Society of Riverside County
Rabbi David Lazar, on behalf of Temple Isaiah
Thomi Clinton, on behalf of Transgender Health and Wellness Center
Christina Vronay Ruggles, in support of Transgender Health and Wellness Center
Andrew Vawter, in support of Transgender Health and Wellness Center
Robert Imber, speaking on Item No. 4B, suggested that the Buzz Trolleys could be used for an
ongoing architectural tour of local landmarks.
The following individuals spoke on Item 5A, urging the City Council to deny the proposed
agreement and to maintain the existing Tiny Tots Program:
Kristin MacLean
Eddie Sanchez, representing SEIU 721
Jolie Estrada
Angela Williams
Mark Lane, representing Action Park Alliance, speaking on Item 5B, spoke on the success of the
Skate Park, requesting that the City Council extend the Operation and Management Agreement
with Action Park Alliance.
City Council Minutes July 18, 2018
City of Palm Springs Page 5
Trae Daniel speaking on Item 5B, voiced opposition to the proposed contract and suggested that
the City negotiate with the Desert Recreation District to manage the City’s Skate Park.
Donald Povieng, Encore, a homebuilder in Southern California, speaking on Item 5D, urged the
City Council to allow the Canyon View Project to utilize the SCIP program.
Sarah Kleinberg, Attorney, representing the Canyon View Project, speaking on Item 5D, noted
that the Project application was completed in 2015 and the Project relied on the availability of
the SCIP program; urged the City Council to allow the Project to utilize the SCIP program.
Tim Unger, speaking on Item 5D, asserted that the Canyon View Project will lay fallow and
incomplete if the SCIP program is no longer available for residential projects.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
City Manager Ready and Director of Economic Development Virata advised that the City was
named a “SolSmart City” for investing in solar energy and removing obstacles to solar
development.
Mayor Moon noted that the Governor’s Office of Business and Economic Development will
provide a $45,000 grant to support the local iHub and its start-up companies.
Councilmember Kors encouraged residents to participate in the upcoming community engagement
events related to districting, noting that map-drawing tools and past presentations are available on
the City’s website.
Mayor Pro Tem Roberts provided an update on the Downtown Project, noting that it is in the
final stages of completion; noted that the sunset clause on apartments being used as vacation
rentals will soon end and those units will be back on the market.
Councilmember Middleton provided an update on the construction debris recycling ordinance;
summarized her attendance at various City Council subcommittee meetings; commended the
community for its participation at a community meeting regarding the Salton Sea held at the
Mizell Center.
Councilmember Holstege urged the community to attend the upcoming Homeless Taskforce
meeting on July 19, 2018; advised that Affordable Housing Subcommittee will be meeting with
the City Attorney to discuss possible protections against large rent increases; stated that she will
meet with the Sustainability Commission to address single-use plastic foodware waste.
City Council Minutes July 18, 2018
City of Palm Springs Page 6
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the Consent Calendar with Item Nos. 1A, 1E, 1J, 1K, 1M, 1P, and 1S
pulled for separate discussion.
A. RESOLUTION RECOGNIZING AND PROCLAIMING THE FOURTH FRIDAY
OF SEPTEMBER TO BE NATIVE AMERICAN DAY IN THE CITY OF PALM
SPRINGS
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
B. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION FOR
THE TERMS ENDING JUNE 30, 2021
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to appoint David Cohan, Charles LaMorte and Carolina De La
Torre to the Parks and Recreation Commission for the terms ending June 30, 2021.
C. INITIATION OF ANNEXATION NO. 19 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24469 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005 -1,
(PUBLIC SAFETY SERVICES), ANNEXATION NO. 19, DREAM HOTEL, TRACT
MAP NO. 35236.”
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF JUNE 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of June 1 through June 30, 2018.
E. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF CATHEDRAL
CITY TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
FOR THE TERM ENDING JUNE 30, 2021
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
City Council Minutes July 18, 2018
City of Palm Springs Page 7
F. AUTHORIZE AN ADDITIONAL $25,000 BUDGET FROM THE WASTEWATER
FUND FOR VEHICLE PURCHASE PURSUANT TO AGREEMENT NO. A6804
WITH VEOLIA WATER WEST OPERATING SERVICES, INC.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize the purchase of new vehicles as identified on
Schedule S of Agreement No. A6804, in amounts not to exceed the estimated total cost of
$1,525,000 over the initial 5-year term subject to the annual budget adopted by the City
Council in the Wastewater Fund for motor vehicles in Account No. 420-6800-50020, and
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 vehicles.
G. AUTHORIZE A PURCHASE ORDER WITH INTERWEST CONSULTING
GROUP, INC. TO PROVIDE INTERIM BUILDING OFFICIAL SERVICES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Authorize the issuance of a Purchase Order in the amount $86,400 to Interwest
Consulting Group, Inc., for professional Building Official Services through
December 31, 2018. A6686.
2. Authorize the City Manager to execute all necessary documents.
H. ACCEPTANCE OF THE NORTH PALM CANYON DRIVE AT STEVENS ROAD
AND VIA LAS PALMAS CROSSWALK INSTALLATIONS, CP 16-13
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as the North Palm Canyon Drive at
Stevens Road and Via Las Palmas Crosswalk Installations Project as completed in
accordance with the plans and specifications, CP 16-13. A7004.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the North Palm Canyon Drive at
Stevens Road and Via Las Palmas Crosswalk Installations Project, CP 16-13.
I. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Treasurer’s Investment Report as of
June 30, 2018.
City Council Minutes July 18, 2018
City of Palm Springs Page 8
J. APPROVAL OF A LONG-TERM LEASE WITH DTPS C-15, LLC, FOR PUBLIC
RESTROOMS LOCATED WITHIN THE COMMERCIAL BUILDING ON
BLOCK C OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
K. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF PALM
SPRINGS TO SUBMIT AN APPLICATION FOR AND ACCEPT CLEAN
TRANSPORTATION FUNDING FROM THE MOBILE SOURCE AIR
POLLUTION REDUCTION REVIEW COMMITTEE’S 2017 LOCAL
GOVERNMENT PARTNERSHIP PROGRAM
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
L. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS
QUARTERLY REPORT FOR APRIL 1, 2018 TO JUNE 30, 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the quarterly report from the Coachella
Valley Economic Partnership for the Palm Springs Innovation Hub for the period of
April 1, 2018, to June 30, 2018.
M. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH GRAFFITI
PROTECTIVE COATINGS, INC., A CALIFORNIA CORPORATION, IN AN
AMOUNT NOT TO EXCEED $90,000 FOR GRAFFITI ABATEMENT
SERVICES CITY-WIDE
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
N. AUTHORIZE REQUEST FOR PROPOSALS FOR AS-NEEDED VEHICLE
TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE
DEPARTMENT, AND ADOPT A RESOLUTION ESTABLISHING MAXIMUM
RATES AND THE VEHICLE TOWING ADMINISTRATIVE COST RECOVERY
FEE (VTACR)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Authorize staff to advertise and solicit bids for as-needed vehicle towing and storage
services for the Palm Springs Police Department.
(City Council action continued on next page)
City Council Minutes July 18, 2018
City of Palm Springs Page 9
2. Adopt Resolution No. 24471 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPR INGS, CALIFORNIA, APPROVING THE
REQUEST FOR PROPOSALS/QUALIFICATIONS FOR THE ROTATIONAL
TOW PROGRAM, AUTHORIZING STAFF TO ADVERTISE AND SOLICIT
RESPONSES, AND APPROVING MAXIMUM RATES THAT TOW SERVICE
PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE TOWING
ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM SPRINGS
POLICE DEPARTMENT.”
O. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENTS FOR LEGAL COUNSEL, (1) COLANTUONO, HIGHSMITH &
WHATLEY AND (2) CLYDE & COMPANY
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Professional Services Agreement No. A6994 with
Colantuono, Highsmith & Whatley, Professional Corporation for specialized
municipal legal services, in a total amount not to exceed fifty thousand dollars
($50,000.00).
2. Approve Amendment No. 1 to Professional Services Agreement No. A6990 with
Clyde & Co. US, LLP, for legal services related to the South Coast Air Quality
Management District and operation of the City’s municipal co-generation plant, in a
total amount not to exceed fifty thousand dollars ($50,000.00).
3. Authorize the City Manager to execute all necessary documents.
P. APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT
WITH SLOAN VAZQUEZ McAFEE
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
Q. APPROVE AMENDMENT NO. 8 TO CONSULTING SERVICES AGREEMENT
FOR PROPERTY AND LIABILITY THIRD-PARTY ADMINISTRATOR
SERVICES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 8 to Consulting Services Agreement for Property and
Liability Third-Party Administrative Services, in a form substantially, in an amount
not to exceed $68,750. A5862.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 18, 2018
City of Palm Springs Page 10
R. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, EXTENDING THE TIME FOR THE CHOICE OF OFFICERS
SERVING BOARDS AND COMMISSIONS TO A DATE CONCURRENT WIT H
THE COMMENCEMENT OF NEW TERMS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24472 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING THE TIME FOR THE CHOICE OF OFFICERS SERVING BOARDS
AND COMMISSIONS TO A DATE CONCURRENT WITH THE COMMENCEMENT
OF NEW TERMS.”
S. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $69,200 WITH
JAMES CIOFFI ARCHITECT, A CALIFORNIA CORPORATION, FOR
ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE PALM
SPRINGS INTERNATIONAL AIRPORT
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
EXCLUDED CONSENT CALENDAR
A. RESOLUTION RECOGNIZING AND PROCLAIMING THE FOURTH FRIDAY
OF SEPTEMBER TO BE NATIVE AMERICAN DAY IN THE CITY OF PALM
SPRINGS
Councilmember Kors requested that this matter be deferred to a City Council meeting in
September 2018, closer to the event date.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to table this item to a City Council meeting in
September 2018.
E. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF CATHEDRAL
CITY TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
FOR THE TERM ENDING JUNE 30, 2021
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to appoint Richard Altman, as the City of Cathedral City
representative to the Palm Springs International Airport Commission, for the term ending
June 30, 2021.
City Council Minutes July 18, 2018
City of Palm Springs Page 11
J. APPROVAL OF A LONG-TERM LEASE WITH DTPS C-15, LLC, FOR PUBLIC
RESTROOMS LOCATED WITHIN THE COMMERCIAL BUILDING ON
BLOCK C OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN
In response to City Council inquiry, Assistant City Manager Fuller explained that the
proposed security plan provides a security officer every day, for 14 hours per day; noted
that the costs for janitorial and security services are consistent with other contracts for
similar services. City Manager Ready advised that the public restroom incentive program
could be scaled back and the saving would offset these costs.
Following discussion, the City Council requested that a status update be agendized in
six-months to one-year to re-evaluate the service levels for security and janitorial
services.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY MAYOR MOON,
CARRIED 5-0, to:
1. Approve a Public Restroom Lease with DTPS C-15, LLC, a California limited liability
company, for public restrooms located within the commercial building located on
Block C of the Downtown Palm Springs Specific Plan, at an annual lease rate of $1, for
a term of 5 years, with ten additional 5-year optional extensions at the City’s sole
discretion, and subject to other terms and conditions as noted within the lease
agreement, as amended to include the standard non-discrimination clause. A7169.
2. Authorize the City Attorney to modify the Public Restroom Lease in final form
consistent with the general terms and conditions approved by the City Council.
3. Authorize the City Manager or designee to take all actions needed to execute these
actions.
K. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF PALM
SPRINGS TO SUBMIT AN APPLICATION FOR AND ACCEPT CLEAN
TRANSPORTATION FUNDING FROM THE MOBILE SOURCE AIR
POLLUTION REDUCTION REVIEW COMMITTEE’S 2017 LOCAL
GOVERNMENT PARTNERSHIP PROGRAM
Councilmember Holstege requested that consideration be given to installing charging
stations in a variety of locations throughout the City.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24470 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COMMITTEE LOCAL GOVERNMENT PARTNERSHIP
PROGRAM FUNDS AND THE ALLOCATION OF LOCAL FUNDS FOR THE
PURCHASE AND INSTALLATION OF ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE.”
City Council Minutes July 18, 2018
City of Palm Springs Page 12
M. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH GRAFFITI
PROTECTIVE COATINGS, INC., A CALIFORNIA CORPORATION, IN AN
AMOUNT NOT TO EXCEED $90,000 FOR GRAFFITI ABATEMENT
SERVICES CITY-WIDE
Councilmember Holstege requested that staff increase awareness of the “At Your
Service” app and the graffiti hotline.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative
Purchasing Programs,” award a Contract Services Agreement to Graffiti Protective
Coatings, Inc., a California corporation, in an amount not to exceed $90,000 for a
one-year term, subject to extension at the approval of City Council, at the cooperative
unit pricing offered under the City of Burbank, Agreement No. 2043.
2. Authorize the City Manager to execute all necessary documents.
P. APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT
WITH SLOAN VAZQUEZ McAFEE
In response to City Council inquiry, Assistant City Manager Fuller advised that the City
is conducting a performance review of the franchise agreement for solid waste hauling
and that results will be submitted to the City Council. Mayor Pro Tem Roberts agreed to
serve as liaison for the Waste Disposal Franchise Agreement.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 1 to the Consulting Services Agreement with Sloan
Vazquez McAfee, in substantially the form, subject to minor revision by the City
Attorney, as amended to include the standard non-discrimination clause. A7165.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 18, 2018
City of Palm Springs Page 13
S. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $69,200 WITH
JAMES CIOFFI ARCHITECT, A CALIFORNIA CORPORATION, FOR
ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE PALM
SPRINGS INTERNATIONAL AIRPORT
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Authorize a Purchase Order in the amount of $69,200 with the City’s “on-call”
architectural firm, James Cioffi Architect, a California corporation, pursuant to
Agreement No. A6781, for architectural design services related to the Palm Springs
International Airport.
2. Authorize the City Manager to execute all necessary documents.
2. PUBLIC HEARINGS: None
3. LEGISLATIVE: None
4. UNFINISHED BUSINESS:
A. REVIEW AND ALLOCATE FISCAL YEAR 2018-19 SPONSORSHIP AND
PROGRAM FUNDING GRANTS AND CITY SPONSORED SPECIAL EVENTS
Councilmember Holstege and Mayor Moon presented the Subcommittee’s report;
recommended that a portion of the available funding be reserved for unanticipated
requests throughout the year.
Councilmember Middleton requested that funding considerations for the LGBT Center of
the Desert and Equality California Institute be considered first, noting that she serves on
Board of Directors for those organizations and recused herself; left the Council Chamber
at 8:19 p.m.
During the course of discussion, the City Council noted that Equality California Institute
did not demonstrate whether their programs and services would directly benefit local
residents, therefore, funding was not allocated.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (WITH COUNCILMEMBER MIDDLETON RECUSED),
to fund $10,000 to the LGBT Community Center of the Desert for the Community Food
Bank @ The Center.
Councilmember Middleton returned to the Council Chamber at 8:26 p.m.
In response to City Council inquiry, Arlene Rosenthal, representing the Well in the
Desert, agreed that any additional funding from the City would be used to extend the
hours for the drop-in Cooling Center.
City Council Minutes July 18, 2018
City of Palm Springs Page 14
During the course of discussion, the City Council agreed that the intent of the Sponsorship
and Program Grants is that funds are provided to organizations primarily serving Palm
Springs residents and that preference is given to organizations offering programs and
services rather than galas, pass-through to other charities, or operational costs.
In response to City Council inquiry, City Manager Ready advised that the Friends of the
Desert Mountains’ funding request for trail maintenance and graffiti removal may be
eligible for Measure J funding. The City Council directed staff to fund the request using
Measure J funds.
Councilmember Holstege noted that each Coachella Valley city is requested to financially
support the Health Assessment and Research for Communities (HARC) Community Health
Survey. The City Council requested additional information regarding the survey, funding
levels by other cities, and consideration of alternative funding sources.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Award Fiscal Year 2018-19 Sponsorship and/or Program Funding Grants requests
from General Fund budget of $767,500 allocated for this purpose. A funding
summary is outlined below.
2. Authorize the City Manager or his designee to execute Sponsorship and Program
Fund Grant Agreements, subject to approval by the City Attorney as to form.
Organization In-Kind Cash Event/Program/Service
Agua Caliente Band of Cahuilla Indians $5,000 6th Annual Richard M. Milanovich Legacy Hike
Boo2Bullying, Inc. $2,500 Desert's Got Talent
Boys & Girls Club of Palm Springs $25,000 Operating Support for the Boys & Girls Club
Cesar Chavez Day 2019 $2,500 Cesar Chavez Day 2019
Desert AIDS Project $25,000 Housing Placement Assistance Program
Digicom Learning $5,000 Digicom Learning Film Festival
Friends of the Palm Springs Library $5,000 Palm Springs SPEAKS
The LGBT Comm. Center of the Desert $10,000 The Community Food Bank @ The Center
The LGBT Sanctuary Palm Springs $5,000 Independent Living
Mizell Senior Center $100,000 Nutrition Program
Modernism Week $6,000 Palm Springs Modernism Week 2019
Palm Springs Air Museum $5,000 Palm Springs Air Museum
Palm Springs Black History Committee $3,500 $16,500 Black History Parade & Town Fair
Palm Springs Community Concert Assoc. $5,000 Palm Springs Student Concerts
Palm Springs Cultural Center $7,250 Various Film Festivals
Palm Springs Front Runners & Walkers $2,500 Palm Springs Pride 5K Pride Run & Walk
Palm Springs International Film Festival $50,000 $350,000 Palm Springs International Film Festival
Palm Springs Marathon Runners $2,500 Veterans Day Heroes 5K
Palm Springs Marathon Runners $2,500 Annual Santa Paws 5K
Palm Springs Marathon Runners $2,500 Red Carpet 5K & 10K, PSIFF
City Council Minutes July 18, 2018
City of Palm Springs Page 15
Palm Springs Marathon Runners $2,500 9th Annual Run for Ike 5K
Palm Springs Opera Guild of the Desert $7,500 Opera in the Park
Palm Springs Seventh-Day Adventist Church $2,500 5K Homerun Event
Riverside County $3,000 Riverside County Senior Inspiration Awards
Temple Isaiah $12,500 Temple Isaiah Healing and Recovery
Transgender Community Coalition $1,000 $1,500 Transgender Day of Remembrance 2018
Transgender Health and Wellness Center $5,000 Transgender Health and Wellness Center
Well in the Desert $3,500 $75,000 Operating Support for Well in the Desert
MEETING RECESSED AND RECONVENED
The City Council recessed at 9:59 p.m. and reconvened at 10:15 p.m., with all members present.
Councilmember Holstege requested that the City Council allow Judy May an opportunity
to clarify her organization’s location and residents served.
Judy May, Director and Founder, Desert Ability Center, advised that the organization is
located in Palm Desert, noting that it serves all residents in the Coachella Valley,
including Palm Springs.
The City Council took no additional action.
B. DISCUSSION OF PROPOSAL FROM SUNLINE TRANSIT AGENCY TO
ASSUME OPERATION AND MANAGEMENT OF THE BUZZ TROLLEY
City Manager Ready presented the staff report. In response to City Council inquiry,
Mr. Ready suggested that if the City Council wants to move forward with the proposal,
staff recommends funding year-round service, including Sunday service; advised that
funding is available for the current fiscal year, noting that the second year’s commitment
is contingent upon the City Council allocating the necessary funding.
In response to City Council inquiry, Victor Duran, representing Sunline Transit Agency,
stated that they are willing to work with stakeholders regarding the Buzz Trolley’s route,
noting that the goal is to maintain a 15-minute pick-up window.
Mayor Pro Tem Roberts recommended funding the Buzz Trolley as a lower service level,
opining that the route is too limited and costly to justify the expense.
Mayor Moon voiced opposition to the proposal, opining that the City Council should
prioritize its resources for higher priority projects.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 3-2 (MAYOR PRO TEM ROBERTS
AND MAYOR MOON VOTING NO), to direct staff to move forward with a two-year
commitment for the operation of the Buzz Trolley by the Sunline Transit Agency, year-
round, beginning at noon, going through 2:00 p.m., Thursday, Friday and Saturday at
$346,500 a year and through June 30, 2020.
City Council Minutes July 18, 2018
City of Palm Springs Page 16
5. NEW BUSINESS:
A. APPROVAL OF AGREEMENT TO USE FACILITIES WITH PALM SPRINGS
UNIFIED SCHOOL DISTRICT TO OPERATE THE SUNRISE STATE
PRESCHOOL PROGRAM
City Manager Ready presented the staff report.
Mayor Moon voiced opposition to the proposal, asserting that the School District should
utilize its building and resources to establish additional preschool programs; opined t hat
the existing Tiny Tots program has operated successfully and should be continued.
Councilmember Kors noted that the School District advised that it has no facilities which
can accommodate additional preschool programs; pointed out that students will learn
from certified teachers and the curriculum will be tied to their future learning in
kindergarten; noted that the School District has committed that Palm Springs residents
will have priority.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-1 (MAYOR MOON VOTING NO), to:
1. Approve Agreement to Use Facilities No. C-0003393, a cooperative use agreement
with Palm Springs Unified School District (PSUSD), to provide "Early Childhood
Education" programming at the City's Leisure Center, whereby PSUSD would
operate the Sunrise State Preschool, a California State Preschool Program (CSPP) for
a term of one (1) year commencing on July 23, 2018, in a form substantially similar
to that provided herewith, subject to final approval of the City Attorney.
2. Authorize the City Manager to execute all necessary documents.
B. APPROVAL OF AGREEMENT WITH ACTION PARK ALLIANCE FOR
OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK
City Manager Ready presented the staff report. In response to City Council inquiry,
Mr. Ready advised that the current operator has a positive track record with the City and it is
not recommended that the City go out for competitive bid; advised that the City of Fontana
recently issued a Request for Proposals for Skate Park operations and received only one
responsive bid; explained that the Desert Recreation District is a governmental entity.
City Council Minutes July 18, 2018
City of Palm Springs Page 17
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Approve an Operation and Management Agreement with Action Park Alliance, Inc., a
California Corporation, for the Operation and Management of the Palm Springs Skate
Park for a term of five years, commencing July 1, 2018 through June 30, 2023, in a
form subject to approval of the City Attorney. A6164.
2. Authorize the City Manager to execute all necessary documents.
C. AIRPORT PASSENGER SEATING ACQUISITION
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a sole-source purchase of new Herman Miller “Eames Tandem Sling”
Seating, black in color, 177 seats in total, from G|M Business Interiors of Riverside,
CA, via a manufacturer direct pricing contract in the amount of $183,278.20 inclusive
of sales tax, prevailing wage, and delivery, to match existing furniture at the Airport.
2. Authorize the City Manager to execute necessary documents.
D. ESTABLISHMENT OF A POLICY ALLOWING FOR THE CITY COUNCIL’S
CONSIDERATION OF PUBLIC FINANCING OF DEVELOPMENT IMPACT
FEES AND PUBLIC IMPROVEMENTS FOR NEW RESIDENTIAL
DEVELOPMENT PROJECTS, AND AMENDMENT OF RESOLUTION NO.
23671 RELATING TO THE CITY’S PARTICIPATION IN THE STATEWIDE
COMMUNITY INFRASTRUCTURE PROGRAM (SCIP)
City Manager Ready presented the staff report.
In response to City Council inquiry, Assistant City Manager Fuller advised that the Vibe,
Canyon View, and Serena Park developments have expressed interest in utilizing the
SCIP program.
Councilmembers Middleton and Holstege opined that any new policy related to SCIP
financing for residential development projects should be applied prospectively.
Mayor Pro Tem Roberts opined that SCIP financing and a possible density bonus should be
offered to incentivize residential developers to include more affordable or multi-family
housing into their projects.
Councilmember Kors and Mayor Moon expressed concern that the SCIP financing would
add an additional tax burden to the home buyer, noting that the tax would not be
deductible.
City Council Minutes July 18, 2018
City of Palm Springs Page 18
In response to City Council inquiry, City Attorney Kotkin advised that the Resolution No
23671 indicates that the City Council consents to the use of SCIP financing; stated that a
developer may have an argument for expecting that they would be allowed to use the
financing tool. Councilmember Kors requested that the City Council discuss the matter in
Closed Session. City Attorney Kotkin advised that the matter is not agendized for tonight’s
Closed Session and requested a recess to consult with Councilmember Kors.
MEETING RECESSED AND RECONVENED
The City Council recessed at 11:53 p.m. and reconvened at 12:00 p.m., with all members present.
Councilmember Kors addressed the need for a long-term policy, noting that Mayor Pro
Tem Roberts has agreed to work with staff on the development of the policy.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-1 (COUNCILMEMBER HOLSTEGE VOTING NO), to
adopt Resolution No. 24473 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RESOLUT ION NO.
23671 RELATING TO PUBLIC FINANCING PROVIDED THROUGH THE
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM, ACCEPTANCE OF
APPLICATIONS FROM PROPERTY OWNERS, CONDUCTING SPECIAL
ASSESSMENT PROCEEDINGS, AND LEVYING ASSESSMENTS WITHIN THE
TERRITORY OF THE CITY OF PALM SPRINGS, AND APPROVING THE
STANDARD FORM ACQUISITION AGREEMENT FOR USE WHEN
APPLICABLE,” with the following amendment:
Resolution No. 23671, Section 1, shall be amended to read as follows “The City
hereby authorizes the City Manager, upon City Council approval determined on a
case-by-case basis, to conduct special assessment proceedings by the Authority in
connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations
under the 1915 Act on any property within the Proposed Boundaries; provided,
that…”
Resolution No. 23671, Section 1, shall be amended to read as follows “(3) To the
extent anything in this Resolution may be deemed to require SCIP proceedings, this
Section 1 shall control.”
City Manager Ready clarified that adoption of the Resolution will require that the Vibe
and Canyon View development projects return to the City Council for consideration of
utilizing SCIP financing.
Councilmember Middleton requested that the matter be reconsidered, noting it was her
intent to direct the City Manager to move forward with allowing Vibe and Canyon View
to apply for SCIP financing under the existing Resolution.
City Council Minutes July 18, 2018
City of Palm Springs Page 19
MOTION BY MAYOR MOON, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 5-0, TO RECONSIDER THE PRIOR MOTION.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 3-2 (COUNCILMEMBERS HOLSTEGE AND MIDDLETON
VOTING NO), to adopt Resolution No. 24473 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
RESOLUTION NO. 23671 RELATING TO PUBLIC FINANCING PROVIDED
THROUGH THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM,
ACCEPTANCE OF APPLICATIONS FROM PROPERTY OWNERS, CONDUCTING
SPECIAL ASSESSMENT PROCEEDINGS, AND LEVYING ASSESSMENTS
WITHIN THE TERRITORY OF THE CITY OF PALM SPRINGS, AND APPROVING
THE STANDARD FORM ACQUISITION AGREEMENT FOR USE WHEN
APPLICABLE,” with the following amendment:
Resolution No. 23671, Section 1, shall be amended to read as follows “The City
hereby authorizes the City Manager, upon City Council approval determined on a
case-by-case basis, to conduct special assessment proceedings by the Authority in
connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations
under the 1915 Act on any property within the Proposed Boundaries; provided,
that…”
Resolution No. 23671, Section 1, shall be amended to read as follows “(3) To the
extent anything in this Resolution may be deemed to require SCIP proceedings, this
Section 1 shall control.”
ITEM 5E WAS ADDED TO THE AGENDA AS AN URGENCY ITEM
E. AMICUS BRIEF RELATED TO U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT POLICIES
City Attorney Kotkin presented the staff report.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to authorize the City of Palm Springs to join an amicus
brief related to U.S. Immigration and Customs Enforcement Policies.
PUBLIC COMMENT
Allen Worthy, urged the City Council to resolve his claim against the City.
Brad Anderson, urged City representatives to meet with the Coachella Valley Mosquito and
Vector Control District to discuss efforts to combat the spreading of the West Nile Virus.
City Council Minutes July 18, 2018
City of Palm Springs Page 20
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Councilmember Kors requested that the 2019 City Council Meeting Schedule be agendized in
September 2018.
Councilmember Holstege requested that staff schedule a City Council Retreat/Strategic Planning
Session.
ADJOURNMENT
At 12:18 a.m., on July 19, 2018, the City Council adjourned to the next regular meeting Wednesday,
September 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