HomeMy WebLinkAbout2018-07-11 CC MINUTES
Wednesday, July 11, 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 11, 2018, at 6:08 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.
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
City Manager Ready announced that the Library is introducing a new program which eliminates
fines for overdue books, and encouraged residents to visit the Library.
Downtown Park Design Update: Rios, Clemente, Hale Studios
Nate Cormier and Jason Shinoda, of Rios, Clemente, Hale Studios, narrated a PowerPoint
presentation of the Downtown Park design.
Mayor Pro Tem Roberts advised that residents expressed concern regarding a lack of bathrooms;
advised portable restrooms will be brought in during large events and that the designers should
consult with the Public Works Department to discuss logistics.
Councilmember Middleton recommended that staff explore alternative sites for the Marilyn
Monroe statute and Aluminaire House to ensure maximum flexibility in the park space.
City Council Minutes July 11, 2018
City of Palm Springs Page 2
Mayor Moon questioned and received clarification that the Aluminaire House site will need
reinforcement. Councilmember Holstege noted that the Subcommittee directed staff to move
forward with the park design independent of the Aluminaire House and requested that a status
report be presented to City Council regarding the Aluminaire House.
ACCEPTANCE OF THE AGENDA
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to accept the agenda, with the removal of Item Nos. 1B, 1K, 1P, and 1S for
separate discussion, and the deletion of Item Nos. 3A and 3B from the agenda. The City Council
reordered Item No. 5A to be considered prior to the Consent Calendar.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of July 11, 2018, was called to order by Mayor
Moon at 4:30 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):
4348 Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC1703102, Riverside County Superior Court, Riverside Division
TKG Smoke Tree Village, LLC v. City of Palm Springs
Case No. PSC1802324, Riverside County Superior Court, Palm Springs Division
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 8
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Anticipated Cases: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code
Section 54957(b)(1):
City Manager
City Attorney
City Council Minutes July 11, 2018
City of Palm Springs Page 3
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: 3.6 Acres at SE corner of Indian Canyon Drive and
San Rafael Road APN 501-031-028
Agency: City of Palm Springs as Housing Successor
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Community Housing Opportunities Corporation
(CHOC)
Under Negotiation: Price and Terms of Payment (Sale)
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)
Property Address/Description: Northeast Corner of Intersection of South Belardo
Road and West Baristo Road, APN 513-153-015,
016, 029
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Richard Weintraub
Under Negotiation: Price and Terms of Payment (Lease)
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)
City Council Minutes July 11, 2018
City of Palm Springs Page 4
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;
announced City Manager Ready recused himself on the Lockwood litigation.
PUBLIC TESTIMONY
David Freedman, speaking on Item 3A, noted that the item was pulled and that he will attend the
Public Integrity Subcommittee meeting.
Darryl Terrell, speaking on Item 1S, voiced support for the resolution opposing the Trump
administration’s policies which separate children from their families at the border.
Ron deHarte, Human Rights Commission (HRC) Chair, speaking on Item 1S, noted that the
HRC voted unanimously to urge the City Council to support the proposed resolution.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Mayor Moon expressed gratitude to the First Responders for quickly extinguishing the wildfire
in south Palm Springs.
Mayor Pro Tem Roberts suggested the creation of a Subcommittee to work with the City
Manager regarding the prioritization of City Council agenda items; advised that the owner of the
Pedregal site has agreed to remove debris and clear abandoned encampments and will develop a
plan to restore the site to natural conditions.
Councilmember Middleton noted that the League of California Cities held a presentation on the
Tubbs Fire which devastated Santa Rosa, noting lessons learned and the impacts of illegal drones;
reported on her attendance at She Fest in San Diego; summarized the Riverside County
Transportation Commission meeting and the importance of Senate Bill 1, Gas Tax funding.
Councilmember Holstege reported on the League of California Cities Mayor and Councilmembers
Executive Forum, She Fest, and Business Retention Subcommittee meeting; encouraged residents
to apply for Boards and Commissions; noted that the Subcommittee’s recommendations for
Sponsorship and Program Grants will be presented at an upcoming City Council meeting;
requested that staff bring forward a proposal related to rainbow crosswalks at Arenas Road and
recommendations related to tennis courts and pickle ball courts.
City Council Minutes July 11, 2018
City of Palm Springs Page 5
Councilmember Kors noted that residents will soon receive cleaner electricity from Desert
Community Energy unless they opt-out, noting that a 100% carbon-free option is available. In
response to inquiry, City Manager Ready advised that staff will issue a press release and post
online information regarding the Façade Improvement Program.
5. NEW BUSINESS
A. DISCUSSION OF PROPOSAL FROM SUNLINE TRANSIT AGENCY TO
ASSUME OPERATION AND MANAGEMENT OF THE BUZZ TROLLEY
PROGRAM
Councilmember Middleton noted that the City discontinued its Buzz Trolley service and
that Sunline Transit Agency developed a proposal to resume the trolley service under
their Agency.
Lauren Skiver, CEO/General Manager, Sunline Transit Agency, narrated a PowerPoint
presentation on Sunline’s proposal to resume the Buzz Trolley service; noted that the
City would be requested to initially subsidize the service with the goal of being self-
sustaining after 24 months; presented different service level options and associated costs.
In response to City Council inquiry, Ms. Skiver advised that any fare or day passes would
be based on verified ridership numbers; noted that the Agency will seek sponsorships and
advertising to help offset operating costs and fares; recommended that the City select the
year-round service but to reconsider the Sunday service once ridership data can be
analyzed; noted that year-round service provides reliability for residents utilizing the
trolley to connect to their jobs and shopping.
The City Council directed staff to analysis the proposal, possible funding sources, fiscal
impact and to return to City Council in September, noting that the Budget Subcommittee
should be involved in the budget considerations.
1. CONSENT CALENDAR
A. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24455 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098831 THROUGH
1098966 IN THE AGGREGATE AMOUNT OF $1,316,646.91, DRAWN ON
BANK OF AMERICA."
(City Council action continued on next page)
City Council Minutes July 11, 2018
City of Palm Springs Page 6
2. Adopt Resolution No. 24456 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 05-05-2018 BY
WARRANTS NUMBERED 420301, 420302, 420304 THROUGH 420316 AND
420318 TOTALING $25,711.55, LIABILITY CHECKS NUMBERED 1098967
THROUGH 1098986 TOTALING $77,043.20, FIVE WIRE TRANSFERS FOR
$71,292.69, AND FOURTEEN ELECTRONIC ACH DEBITS OF $1,874,226.28 IN
THE AGGREGATE AMOUNT OF $2,048,273.72, DRAWN ON BANK OF
AMERICA."
3. Adopt Resolution No. 24457 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098987 THROUGH
1099101 IN THE AGGREGATE AMOUNT OF $2,037,722.92, DRAWN ON
BANK OF AMERICA."
4. Adopt Resolution No. 24458 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1099102 THROUGH
1099226 IN THE AGGREGATE AMOUNT OF $828,035.42, DRAWN ON BANK
OF AMERICA."
5. Adopt Resolution No. 24459 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 05-19-2018 BY
WARRANTS NUMBERED 420303, 420317, 420319 THROUGH 420332
TOTALING $24,792.64, LIABILITY CHECKS NUMBERED 1099227 THROUGH
1099246 TOTALING $76,986.05, FOUR WIRE TRANSFERS FOR $60,683.49,
AND FOURTEEN ELECTRONIC ACH DEBITS OF $1,702,036.86 IN THE
AGGREGATE AMOUNT OF $1,864,499.04, DRAWN ON BANK OF AMERICA."
6. Adopt Resolution No. 24460 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1099247 THROUGH
1099347 IN THE AGGREGATE AMOUNT OF $1,470,411.29, DRAWN ON
BANK OF AMERICA."
7. Adopt Resolution No. 24461 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1099348 THROUGH
1099474 IN THE AGGREGATE AMOUNT OF $877,066.25, DRAWN ON BANK
OF AMERICA."
City Council Minutes July 11, 2018
City of Palm Springs Page 7
B. THE ROWAN HOTEL SEEKING APPROVAL TO INSTALL AN ART MURAL
ON A PORTION OF THE EAST ELEVATION OF THE EXISTING
HOTEL LOCATED AT 100 WEST TAHQUITZ CANYON WAY, ZONE CBD
(CASE 18-004 MUR)
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
C. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Administrative Appeals Board decisions
from the May 15, 2018, hearings.
D. AUTHORIZE A LETTER OF SUPPORT FOR SENATE BILL 1394, PETITIONS:
COMPENSATION FOR SIGNATURES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize a letter of support to the author of Senate Bill 1394,
Petitions: Compensation for Signatures.
E. APPROVAL OF THIRD AMENDMENT AND RESTATEMENT OF THE JOINT
POWERS AGREEMENT OF THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS (CVAG), AUTHORIZATION FOR MAYOR TO EXECUTE
SAME
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the Third Amendment and Restatement of the Joint Powers Agreement
of the Coachella Valley Association of Governments. A0996
2. Authorize the Mayor and City Manager to execute all documents related to its
implementation.
F. ACCEPT THE RESIGNATION OF ROD BRUCE FROM THE BOARD OF
APPEALS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept with regret the resignation of Rod Bruce from the Board of Appeals effective
June 21, 2018.
2. Direct the City Clerk to post a notice of vacancy with no term ending.
City Council Minutes July 11, 2018
City of Palm Springs Page 8
G. APPROVE CONTRACT CHANGE ORDER NO. 2 TO THE CONSTRUCTION
CONTRACT WITH ALL AMERICAN ASPHALT IN THE AMOUNT OF
$218,352, FOR THE 2017 ANNUAL SLURRY SEAL PROJECT, CP 17-02
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Contract Change Order No. 2 to the Construction Contract with All
American Asphalt, a California corporation, for the 2017 Annual Slurry Seal Project,
in the amount of $218,532, CP 17-02. A7105.
2. Authorize the City Manager to execute all necessary documents.
H. APPROVE AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH CNS ENGINEERS, INC., IN THE AMOUNT OF
$117,360.17 FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR.
TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE
WIDENING, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 6 to the Professional Services Agreement with CNS
Engineers, Inc., a California corporation, to incorporate additional engineering design
and right of way services in the amount of $117,360.17 for an increased total contract
amount of $3,232,231.75 for the Ramon Road Widening (San Luis Rey Dr. to Landau
Blvd.) including the Whitewater River Bridge Widening, Federal-Aid Project No.
BHLS-5282 (040), CP 08-25. A6190.
2. Authorize the City Manager to execute all necessary documents.
I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID FOR THE SECOND LEFT TURN LANE ON GENE
AUTRY TRAIL AT VISTA CHINO, FEDERAL-AID PROJECT NO. CML-5282
(045), CP 14-13
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the plans, specifications and estimate and authorize
staff to advertise and solicit bids for the Second Left Turn Lane on Gene Autry Trail at
Vista Chino, CP 14-13.
City Council Minutes July 11, 2018
City of Palm Springs Page 9
J. APPROVAL OF TRACT MAP 37245 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH ENCLAVE @ BARISTO, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF BARISTO ROAD AND HERMOSA DRIVE, IN SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 4 EAST
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24463 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 37245 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH ENCLAVE @ BARISTO, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF BARISTO ROAD AND HERMOSA DRIVE, IN
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST."
K. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID FOR THE VISTA CHINO (STATE ROUTE 111) AT
VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CP 17-03, AND NORTH
PALM CANYON DRIVE (STATE ROUTE 111) AT VIA ESCUELA TRAFFIC
SIGNAL INSTALLATION, CP 17-05
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
L. RESULTS OF THE JUNE 5, 2018, SPECIAL MUNICIPAL ELECTION
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24464 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE
CITY ON JUNE 5, 2018, DECLARING THE RESULTS, AND OTHER MATTERS AS
PROVIDED BY LAW."
M. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT HOT
SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE UNEXPIRED TERM ENDING FEBRUARY 29, 2020
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUN CILMEMBER
KORS, CARRIED 5-0, to appoint Councilmember Jan Pye, as the City of Desert Hot
Springs representative to the Palm Springs International Airport Commission, for the
unexpired term ending February 29, 2020.
N. TREASURER'S INVESTMENT REPORT AS OF MAY 31, 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
May 31, 2018.
City Council Minutes July 11, 2018
City of Palm Springs Page 10
O. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CNS
ENGINEERS, INC., IN THE AMOUNT OF $4,462,085.23 FOR THE VISTA
CHINO LOW-WATER CROSSING BRIDGE AT THE WHITEWATER RIVER,
FEDERAL-AID PROJECT NO. BR-NBIL (513), CP 10-10
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with CNS Engineers, Inc., a California
corporation, in the amount of $4,462,085.23 as identified on Exhibit "D-1" Schedule
of Compensation, for civil engineering design services related to the Vista Chino
Low-Water Crossing Bridge at the Whitewater River Federal-Aid Project BR-NBIL
(513), CP 10-10. A6191.
2. Delegate authority to the City Manager to approve additional right-of-way phase and
construction support phase services not to exceed $933,887.66 as identified on
Exhibit "D-2" Schedule of Compensation of the Professional Services Agreement
with CNS Engineers, Inc., a California corporation, related to the Vista Chino Low-
Water Crossing Bridge at the Whitewater River, Federal-Aid Project BR-NBIL (513),
CP 10-10.
3. Authorize the City Manager to execute all necessary documents.
P. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
ON SPECIFIC DAYS FOR CONSTRUCTION ACTIVITIES FOR CONCRETE
POURS AT THE DREAM HOTEL PROJECT LOCATED AT THE NORTHEAST
CORNER OF CALLE ALVARADO AND EAST AMADO ROAD
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
Q. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
FOR CONSTRUCTION ACTIVITIES FOR TAHQUITZ CREEK LEVEE
IMPROVEMENTS, CP 08-26
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the request from Spiess Construction Co., Inc. for a
5:00 a.m. start time for concrete pours during the months of July, August and September,
subject to continuous monitoring of noise complaints and impacts to adjacent residential
properties.
City Council Minutes July 11, 2018
City of Palm Springs Page 11
R. APPROVAL OF AMENDMENT NO. 5 TO MANAGEMENT AGREEMENT
WITH CGPM MANAGERS, LLC RE MANAGEMENT OF THE LEGENDS AND
RESORT GOLF COURSES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 5 to the Agreement with CGPM. A5741.
2. Authorize the City Manager to execute all necessary documents.
S. RESOLUTION OPPOSING THE TRUMP ADMINISTRATION'S POLICIES OF
SEPARATING CHILDREN FROM THEIR FAMILIES AT THE BORDER AND
CALLING FOR CONGRESS TO ENACT FAIR AND HUMANE
COMPREHENSIVE IMMIGRATION REFORM
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
T. APPROVE A CONSULTANT AGREEMENT WITH CAPITAL ACCOUNTING
PARTNERS, LLC TO STUDY AND CALCULATE THE COST OF USER FEES
AND PREPARE AN INDIRECT COST ALLOCATION PLAN
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the Agreement with Capital Accounting Partners, Inc., in an amount not to
exceed $40,000.00, to prepare a User Fee Study and an Indirect Cost Allocation Plan
for the City's various departments.
2. Adopt Resolution No. 24466 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2018-19 FOR A USER FEE STUDY AND COST
ALLOCATION PLAN."
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 11, 2018
City of Palm Springs Page 12
EXCLUDED CONSENT CALENDAR
B. THE ROWAN HOTEL SEEKING APPROVAL TO INSTALL AN ART
MURAL ON A PORTION OF THE EAST ELEVATION OF THE EXISTING
HOTEL LOCATED AT 100 WEST TAHQUITZ CANYON WAY, ZONE CBD
(CASE 18-004 MUR)
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24462 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN ART MURAL ON THE FIRST FLOOR EAST
ELEVATION OF THE ROWAN HOTEL LOCATED AT 100 WEST TAHQUITZ
CANYON WAY DRIVE (CASE 18-004 MUR)."
K. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID FOR THE VISTA CHINO (STATE ROUTE 111) AT
VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CP 17-03, AND NORTH
PALM CANYON DRIVE (STATE ROUTE 111) AT VIA ESCUELA TRAFFIC
SIGNAL INSTALLATION, CP 17-05
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the plans, specifications
and estimate and authorize staff to advertise and solicit bids for the Vista Chino (State
Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03, and the North Palm
Canyon Drive (State Route 111) at Via Escuela Traffic Signal Installation, CP 17-05 (the
"Project").
P. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
ON SPECIFIC DAYS FOR CONSTRUCTION ACTIVITIES FOR CONCRETE
POURS AT THE DREAM HOTEL PROJECT LOCATED AT THE NORTHEAST
CORNER OF CALLE ALVARADO AND EAST AMADO ROAD
Councilmember Middleton noted the overall frequency of requests for early construction
start times and suggested that staff develop a proposal to modify construction start times
for summer months.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the request from Watkins for an early start
construction time of a 2:00 AM pump set up and approximately 3:00 AM concrete/
shotcrete pour, for the Project on 28 specific days during the months of July, August and
September, subject to continuous monitoring of noise complaints and impacts to adjacent
residential properties.
City Council Minutes July 11, 2018
City of Palm Springs Page 13
S. RESOLUTION OPPOSING THE TRUMP ADMINISTRATION'S POLICIES OF
SEPARATING CHILDREN FROM THEIR FAMILIES AT THE BORDER AND
CALLING FOR CONGRESS TO ENACT FAIR AND HUMANE
COMPREHENSIVE IMMIGRATION REFORM
Councilmember Holstege noted an amendment to the resolution, pointing out that the
Trump administration has confirmed 3,000 minors have been separated from their
families.
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24465
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, OPPOSING THE TRUMP ADMINISTRATION'S
POLICIES OF SEPARATING CHILDREN FROM THEIR FAMILIES AT THE
BORDER, DETAINING IMMIGRANTS AND THEIR CHILDREN INDEFINITELY,
AND CRIMINALLY PROSECUTING IMMIGRANTS LAWFULLY SEEKING
ASYLUM AND CALLING ON CONGRESS TO IMMEDIATELY HALT THESE
INHUMANE POLICIES AND ENACT FAIR AND HUMANE COMPREHENSIVE
IMMIGRATION REFORM," as amended to state that 3,000 minors have been separated
from their families.
2. PUBLIC HEARINGS:
A. APPEAL OF EIVAN SHAHARA, OWNER OF INHALE, LCC (THE MINT
DISPENSARY), RE MAY 17, 2018 CITY DENIAL OF A CANNABIS RELATED
BUSINESSES AND ACTIVITIES PERMIT (APPLICATION NO. C-2017-019)
City Attorney Kotkin presented the staff report; advised that the Appellant is not in
attendance and has requested that the matter be continued to a date uncertain; noted that
he informed the appellant that the City Council could deny his appeal based on his failure
to appear.
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 3-2 (MAYOR PRO TEM ROBERTS
AND MAYOR MOON VOTING NO), to continue the Public Hearing to the month of
September 2018.
B. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY
REGARDING THE CREATION OF A CITY COUNCIL DISTRICT-BASED
ELECTORAL SYSTEM PURSUANT TO ELECTIONS CODE SECTION 10010
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council
inquiries.
Mayor Moon opened the Public Hearing. There being on one wishing to speak, Mayor
Moon closed the Public Hearing.
City Council Minutes July 11, 2018
City of Palm Springs Page 14
During the course of discussion, the City Council opined that it would be beneficial to
reduce the terms of future Councilmembers to three years, rather than extending their
current terms.
The City Council requested that staff explain acronyms and use less legal terminology in
future community presentations; urged residents to participate in upcoming community
engagement forums and to seek assistance from staff and the Working Group.
MEETING RECESSED AND RECONVENED
The City Council recessed at 9:02 p.m. and reconvened at 9:17 p.m., with all members present.
C. ADOPTION OF A RESOLUTION ESTABLISHING FEES FOR CANNABIS
RELATED BUSINESSES AND ACTIVITIES, PERMIT AND REGULATORY
FEES, SUPPLEMENTAL STAFF REPORT
City Attorney Kotkin presented the staff report.
Mayor Moon opened the Public Hearing.
Ryan Fingerhut, representing Higher Consulting Group, suggested that the City establish
an expedite fee for the processing of cannabis permits.
Jocelyn Kane, representing the Coachella Valley Cannabis Alliance Network, concurred
that the City should establish an expedite fee for the processing of cannabis permits;
recommended approval of the proposed fee schedule.
There being no others wishing to speak, Mayor Moon closed the Public Hearing.
Councilmember Kors requested that staff evaluate the feasibility for an expedited
permitting process and associated fees.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt a Resolution No. 24467 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING FEES FOR
CANNABIS RELATED BUSINESSES AND ACTIVITIES, PERMIT AND
REGULATORY FEES."
2. Authorize the City Manager to execute all documents necessary to effectuate the
Resolution as adopted.
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City of Palm Springs Page 15
D. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2018-19
Director of Engineering Garcia presented staff report.
Mayor Moon opened the Public Hearing. There being on one wishing to speak, Mayor
Moon closed the Public Hearing.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24468 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND ORDERING THE
CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR
STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY
MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND
LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY
AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2018-19."
3. LEGISLATIVE:
A. PROPOSED INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY,
NOTICING, LOBBYING, AND APPLICANT DISCLOSURE, AND
IDENTIFYING FORTHCOMING CHANGES IN NOTICING, DIRECTION TO
SUBCOMMITTEE REGARDING FUTURE PUBLIC INTEGRITY ACTION
ITEMS
At the request of staff, this matter was deleted from the agenda.
B. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE TO PROHIBIT BACKYARD BREEDING OF DOGS AND CATS
At the request of staff, this matter was deleted from the agenda.
4. UNFINISHED BUSINESS:
A. DISCUSSION: USE OF MONITORING/RECORDING DEVICES AT CITY
HALL
City Manager Ready presented the staff report.
Councilmember Holstege suggested that the City Council waive attorney-client privilege
so that the City Council can freely discuss the Subcommittees findings.
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City of Palm Springs Page 16
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDED BY COUNCILMEMBER
KORS, to waive attorney-client privilege for the Subcommittee, Mayor or Councilmembers
to explain the formal process and the facts taken.
Mayor Moon advised that he wants to question Information Technology Director Brown
regarding the matter, stating that he believes his personal integrity has been impugned.
City Attorney Kotkin advised that Parliamentary Procedures call for a point of personal
privilege to supersede the motion on the floor.
In response to Mayor Moon’s inquiries, Director Brown advised that he examined the
intercom system placed in the City Council’s Executive Assistant’s office and the Mayor’s
office. Mayor Moon questioned who was present during the testing of the device.
City Attorney Kotkin noted that he was present during the testing and that the line of
questioning is beginning to infringe on attorney-client privilege.
Mayor Moon ended his point of personal privilege and called for the question.
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDED BY COUNCILMEMBER
KORS, CARRIED 4-0 (MAYOR MOON ABSTAINING), to waive attorney-client
privilege for the Subcommittee, Mayor or Councilmembers to explain the formal process
and the facts taken.
In response to Mayor Moon’s inquiries, Director Brown advised that one cannot remotely
monitor another office using the intercom system without physically pressing the button on
the intercom; explained the “Blink” surveillance camera system, noting that it is motion
activated and records up to 60 seconds per clip; stated that the transceiver was not plugged
in or connected to the internet; stated that the camera was facing the office door.
Mayor Moon stated that the intercom is not cap able of remotely eavesdropping and the
camera cannot record more than 60 seconds and is motion activated.
Councilmember Holstege reported on the finding of the Employment Practices
Subcommittee, noting that Mayor Moon installed a surveillance camera and i ntercom
system; stated that the camera was positioned in a manner which could potentially
monitor conversation in the office and hallway, noting the possibility that such
monitoring could result in Brown Act violations and other legal issues; advised that the
camera was motion activated and appeared capable of live remote monitoring; stated that
the Subcommittee reported the matter to the City Attorney and subsequently learned that
multiple employees complained about the camera and that an employee expressed
concern that the intercom system may have the ability to eavesdrop; noted that the City
Attorney and City Manager cannot investigate the matter because they directly report to
the City Council; noted that the City Attorney selected outside counsel to investigate the
matter and said counsel advised that the Mayor and other Councilmembers were not to be
informed of the investigation to avoid tampering with the evidence; stated that the matter
was reported to the Police Chief but due to a conflict of interest in that he works for the
City Manager, the matter was referred to the District Attorney’s Office, noting that no
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City of Palm Springs Page 17
Councilmember was involved in making the complaint to law enforcement; advised that
the District Attorney issued a response declining to investigate the matter, opining that
the matter should be handled administratively or through civil action; stated that outside
counsel recommended that employees involved in the matter be questioned and
documented.
Councilmember Holstege recommended that an independent investigation be conducted
to ascertain the facts and report back to the City Council and public; noted that as an
employer, the City needs to document the facts for potential liability and future claims;
suggested that Councilmember Middleton serve as liaison for the investigation.
Mayor Moon noted that he removed the devices upon learning about staff’s concerns and
apologized at the previous City Council meeting, noting that he would have removed the
devices earlier had he known about the concerns; expressed disappointment that the
matter is being turned into a criminal investigation.
City Attorney Kotkin noted that consideration of an independent investigation was not
agendized and that if Mayor Moon wishes to have the matter formally agendized, the matter
should be continued. In response to City Council inquiry, City Attorney Kotkin opined that
he does not think there are more facts to learn about this issue, but noted that he does not
know what employees will inform an investigator, if an investigation moves forward.
Councilmember Kors noted that there are questions as to if and how often the live feed
was accessed, how many times the camera alerted the detection of motion, and whether
any conversations were recorded; stated that this information will only be learned through
an independent investigation.
Mayor Pro Tem Roberts spoke on the City Council’s efforts to regain the public trust and
questioned whether an investigation will reveal any new information.
Councilmember Middleton spoke on her experience with Internal Affairs for the State
Compensation Insurance Fund, noting that allegations against senior officials typically
require an investigation to be conducted by independent counsel.
Councilmember Middleton expressed a willingness to serve as liaison for the outside counsel.
Mayor Moon stated that he had no malicious or criminal intent, noting his experience
serving as a senior officer with the Navy; stated that he is deeply hurt that his integrity
and honor is being questioned; expressed concern with a Councilmember participating in
the independent investigation.
The City Council requested and David Freedman agreed to identify the law firm which
will conduct the investigation, work with staff to approve the firm’s rates, assist in
determining the scope of the investigation, and to serve as liaison. The City Council
stated that Mr. Freedman is authorized to receive and transmit the report to appropriate
staff and the City Council.
Mayor Moon agreed to move forward with voting on the motion.
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City of Palm Springs Page 18
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize the conduct of an independent investigation, with
David Freedman serving as liaison, and directing that the results of the report shall be
made available to the public.
5. NEW BUSINESS:
A. DISCUSSION OF PROPOSAL FROM SUNLINE TRANSIT AGENCY TO
ASSUME OPERATION AND MANAGEMENT OF THE BUZZ TROLLEY
PROGRAM
This item was considered prior to the Consent Calendar.
PUBLIC COMMENT
Daryl Terrell, spoke on the importance of civility in local government.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Mayor Pro Tem Roberts spoke on the results of Measure C, noting that the co mmunity support
allowing vacation rentals.
Councilmember Holstege suggested that the Council Code of Conduct Subcommittee work with
staff to develop recommendations on prioritization of agenda items and agenda development.
Councilmember Kors requested that Staff evaluate the pension liabilities of partner Joint Power
Authorities as it relates to Assembly Bill 1912.
ADJOURNMENT
At 11:00 p.m. the City Council adjourned to the next regular meeting Wednesday, July 18, 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