HomeMy WebLinkAbout2018-06-20 CC MINUTES
Wednesday, June 20, 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 was called to order by Mayor Moon on
Wednesday, June 20, 2018, at 6:22 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.
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
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to accept the agenda, with the removal of Item Nos. 1D, 1I, and
1M for separate discussion, continuance of Item No. 2E to July 11, 2018, and the deletion of
Item No. 4C from the agenda.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of June 6, 2018, was called to order by Mayor
Moon at 3:00 p.m., with all members present.
City Council Minutes June 20, 2018
City of Palm Springs Page 2
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):
Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
Ronald Smith et al v. Alta Verde Sereno, LLC
Case No. PSC1606441, Riverside Superior Court, Palm Springs Division
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Cases: 8
Including one (1) Rossi/St. Baristo - Setback Issues, St. Baristo Project (northeast corner
of Baristo Road and Lugo Road) Threat of Litigation by Attorney Babak Naficy, Esq.
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):
Title: City Manager
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
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: 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: Price and Terms of Payment (Acquisition)
City Council Minutes June 20, 2018
City of Palm Springs Page 3
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: 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: 233 W. Tramview Road APN 669-401-039
Agency: City of Palm Springs as Housing Successor
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Million Plus, LLC (Chris Saunders)
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: Lot 38 El Dorado Road APN 669-401-010
Agency: City of Palm Springs as Housing Successor
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Million Plus, LLC (Chris Saunders)
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: 3.6 Acres at SE corner of Indian Canyon Drive and
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 (Acquisition)
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 Council Minutes June 20, 2018
City of Palm Springs Page 4
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;
advised that the City Council reached a settlement in the Ronald Smith et al v. Alta Verde
Sereno, LLC case for $35,000, of which half is to be paid by the City; announced City Manager
Ready recused himself on the Lockwood litigation.
PUBLIC TESTIMONY
Chris Hector, Indigo Auto Group, urged City Council to support Item 1M.
Nicki McLaughlin, Friends of Palm Springs Mountains, speaking on Item 4A, requested that the
City Council oppose any extension or contingency on the $3 million development fee.
John Pavelak, Watermark Homes, urged City Council support for Item 4A and 5C.
Les Young, Member of the Board of the Four Seasons HOA, speaking on Item 4A, announced
that he recused himself during the Parks and Recreation Commission meeting in relation to
Serena Park.
Doug Jones, speaking on Item 4A, urged City Council to work with the developer to commence
the Serena Park development, noting that the existing area is blighted.
Jim Rush, General Manager of Four Seasons, speaking on Item 4A, submitted a petition in
support of the Serena Park development.
Matthew Havermin, Co-owner of the Serena Park property, speaking on Item 4A, expressed
concern regarding the $3 million development fee and required security instruments.
Eric Taylor, Co-owner of the Serena Park property, speaking on Item 4A, opined that the
proposed security instrument and default provisions are not financeable.
Mark Allen, Attorney representing Serena Park, speaking on Item 4A, advised that they are
agreeable to issuing a Note for the development fee to be paid at a fixed rate and over time.
Joan Taylor, Sierra Club California/Nevada Desert Committee, speaking on Item 4A, voiced
opposition to an extension of the Serena Park development.
Ed Dube, Friends of Palm Spring Mountains, speaking on Item 4A, urged the City Council to
pay the $3 million development fee.
Tee Jones, speaking on Item 4A, spoke on the benefits of Serena Park development, noting that it
will improve a blighted area.
City Council Minutes June 20, 2018
City of Palm Springs Page 5
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
In response to City Council inquiry, Police Chief Reyes reported on the number of noise
complaints and calls for service during the first day of Splash House; noted that the Police
Department met with event coordinators and the number of issues greatly reduced for the
remainder of the event.
Mayor Moon explained that he installed a camera in his office and intercom system in the office
of the Executive Assistant; advised that he removed both systems upon learning that people were
uncomfortable; stated that the systems were never used to record meetings, eavesdrop, or other
malicious purposes.
Councilmember Middleton reported on the recent Riverside County Transportation Commission
meeting; advised that Mayor Pro Tem Roberts and herself met with representatives of Caltrans to
discuss the possibility of relinquishing control of Vista Chino to the City, rail transit to the
Coachella Valley, and greater flexibility in setting local speed limits; advised that the Sunline
Transit Agency proposal regarding the Buzz Trolley, will be presented to City Council on
July 11, 2018.
Mayor Pro Tem Roberts reported on the Cannabis Subcommittee meeting with representatives
from the cities of Cathedral City and Desert Hot Springs regarding cannabis permitting, taxation,
and auditing.
Members of City Council reported on their experiences being recognized by the Legislature as
the first all LGBT legislative body in the nation; reported on their meetings with various state
representatives and agencies.
Councilmembers Kors and Holstege requested that a resolution condemning President Trump’s
policy of removing children from their families at the border and calling on Congress to take
action be agendized for the City Council meeting on July 11, 2018.
Councilmember Kors encouraged residents to opt for the 100% carbon free power option from
the Desert Community Energy Program; requested that staff develop a marketing plan to inform
landscapers about the grant opportunity to purchase electric landscaping equipment; requested
that consideration of supporting Senate Bill 1394 be agendized for the City Council meeting on
July 11, 2018.
Councilmember Holstege reported on the Parks and Recreation Commission meeting regarding
pickle ball and tennis courts; noted that she attended a meeting between School District
representatives and the Parks and Recreation Commission to discuss early childhood education
and tiny tots programs; requested that a presentation on the Coachella Valley Housing First
Initiative be agendized for an upcoming meeting.
City Manager Ready recognized Director of Finance and Treasurer Geoffrey Kiehl for his
service to the City and welcomed Marla Pendleton as the Interim Finance Director.
City Council Minutes June 20, 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 the removal of Item Nos. 1D, 1I, and 1M.
A. TREASURER’S INVESTMENT REPORT AS OF APRIL 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
April 30, 2018.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF MAY 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 May 1 through May 31, 2018.
C. 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. 24441 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098288 THROUGH
1098431 IN THE AGGREGATE AMOUNT OF $2,936,843.26, DRAWN ON
BANK OF AMERICA.”
2. Adopt Resolution No. 24442 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 04-07-2018 BY
WARRANTS NUMBERED 420274 THROUGH 420289 TOTALING $58,684.06,
LIABILITY CHECKS NUMBERED 1098432 THROUGH 1098451 TOTALING
$77,239.20, FIVE WIRE TRANSFERS FOR $62,901.70, AND THREE
ELECTRONIC ACH DEBITS OF $1,430,132.88 IN THE AGGREGATE AMOUNT
OF $1,628,957.84, DRAWN ON BANK OF AMERICA.”
3. Adopt Resolution No. 24443 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098452 THROUGH
1098577 IN THE AGGREGATE AMOUNT OF $1,247,155.27, DRAWN ON
BANK OF AMERICA."
(City Council action continued on next page)
City Council Minutes June 20, 2018
City of Palm Springs Page 7
4. Adopt Resolution No. 24444 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098578 THROUGH
1098713 IN THE AGGREGATE AMOUNT OF $1,373,615.83, DRAWN ON
BANK OF AMERICA."
5. Adopt Resolution No. 24445 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 04-21-2018 BY
WARRANTS NUMBERED 420290 THROUGH 420300 TOTALING $17,989.04,
LIABILITY CHECKS NUMBERED 1098714 THROUGH 1098733 TOTALING
$76,809.77, FIVE WIRE TRANSFERS FOR $65,639.70, AND THREE
ELECTRONIC ACH DEBITS OF $1,489,530.80 IN THE AGGREGATE AMOUNT
OF $1,649,969.31, DRAWN ON BANK OF AMERICA."
6. Adopt Resolution No. 24446 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APP ROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1098734 THROUGH
1098830 IN THE AGGREGATE AMOUNT OF $1,291,518.28, DRAWN ON
BANK OF AMERICA."
D. ACCEPTANCE OF THE PALM SPRINGS ROOF REPAIR AND
REPLACEMENT PROJECT, CP 16-05
This item was excluded from the Consent Calendar. Please refer to Page of these minutes
for a summary of that action.
E. ACCEPTANCE OF THE 2017 PAVEMENT REHABILITATION PROJECT,
CP 17-01
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Contract Change Order 4 (CCO4) in the amount of $102,384.16 to account
for final quantity adjustments to the original bid item quantities based on the actual
installed quantities of various items of work. A7002.
2. Approve Amendment No. 1 for Construction Management, Inspection and
Geotechnical Services with Interwest Consulting Group in the amount of $26,000 for
additional services provided related to contract change order work, CP 17-01. A6686.
3. Accept the public works improvement identified as the 2017 Pavement Rehabilitation
as completed in accordance with the plans and specifications, CP 17-01.
4. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the 2017 Pavement Rehabilitation,
CP 17-01.
City Council Minutes June 20, 2018
City of Palm Springs Page 8
F. ACCEPTANCE OF THE SONORA ROAD STORM DRAIN IMPROVEMENTS,
CP 16-12
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Sonora Road Storm Drain
Improvements as completed in accordance with the plans and specifications,
CP 16-12. A7110.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Sonora Road Storm Drain
Improvements, CP 16-12.
G. APPROVAL OF PARCEL MAP 37376, AVONDALE
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24447 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 37376, FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND RAMON ROAD,
IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
H. APPROVE AMENDMENT TO ENROLLMENT IN COUNTY OF RIVERSIDE
MASTER MICROSOFT ENTERPRISE AGREEMENT FOR LICENSE OF
MICROSOFT SOFTWARE
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Amend the current agreement with Microsoft for the Enterprise License Agreement
via the Riverside EA. A6985.
2. Award a Purchase Order to Insight Public Sector Inc. of Dallas, TX, the lowest
responsible bidder by the County of Riverside, in an amount not to exceed $156,762
for the additional services and second year of the Microsoft Enterprise Agreement
and authorize staff to issue annual purchase orders to renew the enterprise agreement
each fiscal year with any applicable “true-up” adjustments thereafter.
3. Authorize the City Manager to execute all necessary documents.
I. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
MONDAY THRU FRIDAY FOR CONSTRUCTION ACTIVITIES FOR THE
FIRE STATION NO. 4 REMODEL AND EXPANSION, CP 15-25
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
City Council Minutes June 20, 2018
City of Palm Springs Page 9
J. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
LIBRARY STRATEGIES FOR THE DEVELOPMENT OF A LIBRARY
STRATEGIC PLAN
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with Library Strategies of Saint Paul,
Minnesota, in the amount of $37,000 for the development of a comprehensive
strategic plan for the Palm Springs Public Library. A7157.
2. Authorize the City Manager to execute all necessary documents.
K. APPROVAL OF TRACT MAP 36689 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH JEN CALIFORNIA 3, LLC
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24448 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 36689 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH JEN CALIFORNIA 3, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF FARRELL DRIVE AND BARISTO ROAD, IN SECTION
13, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” A7158.
L. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS WITH JLO
CATHEDRAL PLAZA, LLC, ASSOCIATED WITH THE RAMON ROAD AND
BRIDGE WIDENING PROJECT, FEDERAL AID PROJECT NO. BHLS 5282
(040); APN 678-210-038, CP 08-25
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and
Escrow Instructions in the amount of $11,476, with JLO Cathedral Plaza, LLC, a
California limited liability company. A7159.
2. Approve a Temporary Construction Easement Agreement in the amount of $12,720,
with JLO Cathedral Plaza, LLC, a California limited liability company. A7160.
3. Authorize the City Manager to execute all necessary documents, open escrow, and
pay for escrow and title costs associated with the right-of-way acquisition estimated
at $5,000.
4. Authorize the City Manager to execute a Quitclaim Deed or such other documents as
necessary to transfer the real property interests to the City of Cathedral City upon
completion of the project.
City Council Minutes June 20, 2018
City of Palm Springs Page 10
M. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
MONDAY THRU FRIDAY FOR CONSTRUCTION ACTIVITIES FOR THE
INDIGO AUTO GROUP DEVELOPMENT PROJECT, FROM JULY 1, 2018,
THROUGH AUGUST 31, 2018
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
N. REJECT ALL BIDS RECEIVED FOR THE MEASURE J COMMUNITY
PROJECTS - SIDEWALK GAP CLOSURE IMPROVEMENTS AND AUTHORIZE
STAFF TO SUBMIT PROJECT FOR CALTRANS ATP CYCLE 4 FUNDS, CP 15-31
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Reject the bids received on March 8, 2018, from Tri-Star Contracting II, S&H Civil
Works, All American Asphalt, CT&T Concrete Paving, Inc., for the Measure J
Community Projects – Sidewalk Gap Closure Improvements, CP 15-31.
2. Authorize Staff to submit this project to Caltrans for the Active Transportation
Program Cycle 4 funding.
O. PALM SPRINGS ART MUSEUM SEEKING APPROVAL TO INSTALL AN ART
MURAL ON A PORTION OF PUBLIC PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MUSEUM WAY AND MUSEUM DRIVE (CASE 18-
003 MUR)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24449 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN ART MURAL ON THE SOUTH SIDE OF THE PUBLIC
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MUSEUM WAY AND
MUSEUM DRIVE (CASE 18-003 MUR).”
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for
separate discussion are considered at this time.
D. ACCEPTANCE OF THE PALM SPRINGS ROOF REPAIR AND
REPLACEMENT PROJECT, CP 16-05
In response to City Council inquiry, City Manager Ready advised that the Library and
other facilities’ roofs will be addressed in a future project.
City Council Minutes June 20, 2018
City of Palm Springs Page 11
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Palm Springs Roof Repair and
Replacement Project as completed in accordance with the plans and specifications,
CP 16-05. A7024.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Palm Springs Roof Repair and
Replacement Project, CP 16-05.
I. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
MONDAY THRU FRIDAY FOR CONSTRUCTION ACTIVITIES FOR THE
FIRE STATION NO. 4 REMODEL AND EXPANSION, CP 15-25
In response to City Council inquiry, Director of Engineering Garcia advised that noise
levels will be monitored and that neighborhood organizations and residents within 500
feet of the project will be notified of the early start time.
Mayor Moon and Councilmember Middleton requested that vehicle back-up alarms be
kept to a minimum during the early construction hours.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to approve the request from Archico to an early construction
start time of 3:00 AM, for the Project on six separate days during the months of July, August
and September, subject to continuous monitoring of noise complaints and impacts to adjacent
residential properties.
M. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
MONDAY THRU FRIDAY FOR CONSTRUCTION ACTIVITIES FOR THE
INDIGO AUTO GROUP DEVELOPMENT PROJECT, FROM JULY 1, 2018,
THROUGH AUGUST 31, 2018
Councilmembers Holstege and Middleton requested that a notice be sent to all residents
and property owners within 500 feet of the project.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the request from the Indigo Auto Group to an
early construction start time of 6:00 AM, between July 1, 2018, and August 31, 2018,
subject to continuous monitoring of noise complaints and impacts to adjacent residential
properties.
City Council Minutes June 20, 2018
City of Palm Springs Page 12
2. PUBLIC HEARINGS
A. RENEWAL OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS
IMPROVEMENT DISTRICT, PROPOSED RESOLUTION CONFIRMING THE
REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL
YEAR 2018-19 ASSESSMENT, AND CONDUCT THE PROTEST
PROCEEDINGS TO THE DISTRICT
City Manager Ready presented the staff report.
Mayor Moon opened the Public Hearing.
Michael Green, urged the City Council to support renewal of the TBID.
Mark Hunter, spoke on the success of the TBID and conveyed support for its renewal.
There being no others wishing to speak, Mayor Moon closed the Public Hearing.
City Clerk Mejia announced that the City received no written or oral protests and the City
Council could proceed with the resolution, if desired.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24450 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM
BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN
ASSESSMENT FOR FISCAL YEAR 2018-19 IN CONNECTION WITH THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT."
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 introduced Dr. Justin Levitt, of National Demographics Corporation, the
City’s demographic consultant.
Dr. Justin Levitt narrated a PowerPoint presentation regarding the California Voting
Rights Act and districting process.
Mayor Moon opened the Public Hearing.
Kurt Watts voiced support for ranked-choice voting and five districts with the Mayor
being selected from amongst the City Council. In response to City Council inquiry,
Mr. Watts spoke on Cathedral City’s transition to district elections.
Robert Findley stated he will provide his thoughts to City Council in writing.
City Council Minutes June 20, 2018
City of Palm Springs Page 13
Amado Salinas voiced support for district elections.
David Freedman, suggested that the map drawing tools include on overlay of the
neighborhood organizations.
Paul Zach expressed support for district elections.
Grace Garner spoke on the importance of community engagement; voiced support for
district elections.
There being no others wishing to speak, Mayor Moon closed the public hearing.
In response to City Council inquiry, City Clerk Mejia and Dr. Levitt explained that the
decisions on district boundaries must be based on the latest Census data; noted that the
City will have an opportunity to redistrict following the 2020 Census.
Councilmember Kors reported that he and Councilmember Middleton met with
representatives of the Desert Health Care District to learn about their districting process.
City Clerk Mejia announced that the public will have access to paper -based map drawing
tools and an interactive mapping system beginning in mid-July 2018.
The City Council conducted a Public Hearing to receive public testimony on the
composition of districts for a district-based electoral system pursuant to Elections Code
Section 10010.
C. APPROVE PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS WITH C. HAROLD KEASLER TRUST AND JAMES
EDWARD MURPHY TRUST FOR A SUCCESSOR AGENCY-OWNED
PROPERTY LOCATED AT 342-344 NORTH PALM CANYON DRIVE, (APN
513-081-017), IN THE AMOUNT OF $500,000 PURSUANT TO SECTION 34191.5
(C) OF THE HEALTH AND SAFETY CODE
Mayor Moon noted that the City Council is sitting as the Successor Agency.
Director of Economic Development Virata presented the staff report.
Chair Moon opened the Public Hearing.
Del Gagnon representing Mostafas Khalil, stated that Mr. Khalil is the current tenant of
the building and offered to purchase the building for $525,000.
There being no others wishing to speak, Chair Moon closed the Public Hearing.
City Council Minutes June 20, 2018
City of Palm Springs Page 14
Director of Economic Development Virata summarized efforts to solicit offers for the
property; noted that the Successor Agency directed staff to utilize a commercial broker to
sell the property; advised that a new property owner will determine whether to lease the
property to the existing tenant; advised that the operator of the Cork N Bottle was
notified of the opportunity to purchase the property.
Mark Spohn, Sperry Van Ness Real Estate Partners, summarized efforts to sell the
property; noted that the current offer is a cash offer with a 45-day escrow; stated that
Mr. Khalil has not submitted evidence of a cash offer or pre-approved loan.
Executive Director Ready and Agency Counsel Kotkin explained that the property
belongs to the State of California under the former Redevelopment Agency and that the
Successor Agency was charged with disposing of the property, if possible; advised that
the Successor Agency could take no action on the matter and that the County of Riverside
will become responsible for the property, when it takes the role of Oversight Board after
June 30, 2018.
The Successor Agency agreed to delegate authority to Executive Director Ready to
approve the Purchase and Sale Agreement, noting the Agency’s fiduciary responsibility.
Successor Agency Member Middleton agreed to serve as the Agency Liaison on this
matter.
MOTION BY SUCCESSOR AGENCY MEMBER ROBERTS, SECOND BY
SUCCESSOR AGENCY MEMBER KORS, CARRIED 5-0, to:
1. Authorize the Executive Director to approve a Purchase and Sale Agreement and
Escrow Instructions.
2. Authorize the Executive Director to submit the agreement to the Oversight Board for
approval.
3. Authorize the Executive Director or his designee to execute all documents related to
the agreement.
D. FILING OF NUISANCE ABATEMENT RESOLUTION REPORTS FOR THREE
(3) PUBLIC NUISANCES
Assistant City Manager Fuller presented the staff report.
Mayor Moon opened the Public Hearing. There being on one wishing to speak, Mayor
Moon closed the Public Hearing.
City Council Minutes June 20, 2018
City of Palm Springs Page 15
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN FOR THE PROPERTY LOCATED AT 318 ROSA PARKS
ROAD."
2. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN FOR THE PROPERTY LOCATED AT 414 SOUTH MONTE
VISTA DRIVE."
3. Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN FOR THE PROPERTY LOCATED AT 125 WEST CAMINO
ENCANTO."
4. Authorize and direct the City Manager, or his designee, to serve notice of and record
a lien against the subject properties, if said costs are not paid.
E. ADOPTION OF A RESOLUTION ESTABLISHING FEES FOR CANNABIS
RELATED BUSINESSES AND ACTIVITIES, PERMIT AND REGULATORY
FEES
Mayor Moon opened the Public Hearing. No public comments were received at this time.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to continue the Public Hearing to the City Council meeting
of July 11, 2018.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS
A. RATIFICATION OF TENTATIVE TRACT MAP 36691 AS CONFORMING TO
ITS APPROVAL BY CITY COUNCIL RESOLUTION 24085, AND APPROVAL
OF THE DEED OF TRUST AND SECURITY INSTRUMENT ASSOCIATED
WITH THE DEVELOPMENT AGREEMENT WITH PALM SPRINGS
COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT – A
386-UNIT RESIDENTIAL DEVELOPMENT LOCATED NORTH OF VERONA
ROAD, EAST OF SUNRISE WAY, AND SOUTHWEST OF THE WHITEWATER
RIVER WASH, CASE TTM 36691
Director of Planning Services Fagg presented the staff report.
City Council Minutes June 20, 2018
City of Palm Springs Page 16
Assistant City Manager Fuller and Councilmember Kors noted that the $3 million
development fee is due three years after the effective date of the agreement; noted that
the Subcommittee recommended allowing an extension of three years to pay the
development fee at prime, plus three percent, and an additional penalty, if unpaid
thereafter.
In response to City Council, City Attorney Kotkin advised that the City would have the
legal ability to foreclose if the terms are not fulfilled; advised that the loan will be
secured by a Deed of Trust and that the City’s interest would be subordinate.
In response to City Council inquiry, Eric Taylor, asserted that no bank is willing to
finance the project under the terms of the Note and proposed default provisions.
Councilmember Middleton opined that a 17-year loan at a fixed 4% is unacceptable;
expressed concern that the City is being asked to assume financial risk for the
development project.
Mayor Pro Tem Roberts stated the Subcommittee created a generous counterproposal;
reported he is unwilling to take the risk unless the City is guaranteed repayment of the
loan and that City Council should not negotiate at the dais.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to refer the matter back to the City Council Subcommittee
for the Serena Park Project.
B. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, AND
APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) AND
AUTHORIZATION TO BID, AND DELEGATION OF AUTHORITY TO
AWARD CONSTRUCTION BIDS FOR THE INDIAN CANYON DRIVE TWO-
WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY
ENHANCEMENTS, CP 17-08
Director of Engineering Garcia presented staff report. In response to City Council
inquiry, Director Garcia advised that the roundabout would require right-of-way
acquisition and a design that would accommodate commercial trucks.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Reimbursement Agreement for funding contribution from Coachella
Valley Association of Governments' Bicycle and Pedestrian Safety Program for 2017
for an amount up to $1,500,000 for the Indian Canyon Drive 2-Way Conversion and
Pedestrian Enhancements in Downtown, CP 17-08. A7162.
(City Council action continued on next page)
City Council Minutes June 20, 2018
City of Palm Springs Page 17
2. Approve the plans, specifications and estimates, and authorize staff to advertise and
solicit bids for the Indian Canyon Drive Two-Way Conversion and Pedestrian and
Bicycle Safety Enhancements, CP 17-08.
3. Authorize the City Manager to award a construction contract to the lowest responsive
and responsible bidder for the Indian Canyon Drive Two-Way Conversion and
Pedestrian and Bicycle Safety Enhancements, CP 17-08. A7163.
4. Delegate authority to the City Manager to approve and execute construction contract
change orders up to a cumulative amount of 10% of the contract amounts, with all
change orders reported to the City Council.
5. Authorize the City Manager to execute all necessary documents.
C. DISCUSSION OF A PARTNERSHIP BETWEEN PARKS AND RECREATION
AND THE PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE
“EARLY CHILDHOOD EXPANSION” PROGRAMING AT THE LEISURE
CENTER:
At the request of staff, the matter was removed from the agenda.
5. NEW BUSINESS
A. APPROVAL OF A FACILITY USE AGREEMENT WITH PALM SPRINGS
POWER BASEBALL CLUB, INC., FOR THE PALM SPRINGS STADIUM
Assistant City Manager Fuller presented the staff report.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Approve a Facility Use Agreement with Palm Springs Power Baseball Club, Inc., a
California corporation, for rental and use of the Palm Springs Stadium for a three (3)
year term, commencing August 1, 2018, through July 31, 2021, with two (2) optional
two (2) year extensions. A5282, as modified to provide for a six month termination
2. Authorize the City Manager to execute all necessary documents.
B. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE
UNFUNDED ACCRUED LIABILITY (UAL)
City Manager Ready and Director of Finance Kiehl presented the staff report; noted that
the City will save over $300,000 if it makes the early payment.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the CalPERS
Circular Letter 200-033-17.
City Council Minutes June 20, 2018
City of Palm Springs Page 18
C. APPROVAL OF A RESOLUTION AUTHORIZING THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO FORM A
COMMUNITY FACILITIES DISTRICT WITHIN THE TERRITORIAL LIMITS
OF THE CITY OF PALM SPRINGS TO FINANCE CERTAIN PUBLIC
IMPROVEMENTS AND DEVELOPMENT FEES; EMBODYING A JOINT
COMMUNITY FACILITIES AGREEMENT SETTING FORTH THE TERMS
AND CONDITIONS OF THE COMMUNITY FACILITIES DISTRICT
FINANCING; APPROVING AN ACQUISITION AGREEMENT BETWEEN THE
CITY AND SELENE PALM SPRINGS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY; AND AUTHORIZING STAFF TO COOPERATE WITH
THE AUTHORITY AND ITS CONSULTANTS IN CONNECTION THEREWITH
Assistant City Manager Fuller presented the staff report. In response to City Council
inquiry, Mr. Fuller advised that the Dream Hotel includes 30 residential units; advised
that the City will not have liability or responsibility of administering the program, noting
that it is a State program.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24454 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, (1)
AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY (THE “AUTHORITY”) TO FORM A COMMUNITY
FACILITIES DISTRICT WITHIN THE TERRITORIAL LIMITS OF THE C ITY OF
PALM SPRINGS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS AND
DEVELOPMENT FEES; (2) EMBODYING A JOINT COMMUNITY FACILITIES
AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF THE
COMMUNITY FACILITIES DISTRICT FINANCING; (3) APPROVING AN
ACQUISITION AGREEMENT BETWEEN THE CITY AND THE DEVELOPER;
AND (4) AUTHORIZING STAFF TO COOPERATE WITH THE AUTHORITY AND
ITS CONSULTANTS IN CONNECTION THEREWITH.”
D. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION,
IN THE AMOUNT OF $5,095,165.00 AND APPROVAL OF A PURCHASE
ORDER IN AN AMOUNT NOT TO EXCEED $135,050, TO INTERWEST
CONSULTING GROUP FOR CONSTRUCTION MANAGEMENT, INSPECTION
AND MATERIALS TESTING SERVICES FOR THE 2018 PAVEMENT
REHABILITATION, CP 18-01
Director of Engineering Garcia presented staff report. In response to City Council
inquiry, Director Garcia advised that the City will need to increase oversight of
construction management to ensure adherence with construction schedules and required
public noticing; advised that the pavement condition index will be updated next fiscal
year, noting such studies are typically conducted every five years.
Councilmembers Kors and Holstege recommended that an online comment form be
created to allow residents to report complaints regarding their street conditions.
City Council Minutes June 20, 2018
City of Palm Springs Page 19
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Award a construction contract to Matich Corporation, a California corporation, in the
amount of $5,095,165.00 for the 2018 Pavement Rehabilitation, CP 18-01. A7164.
2. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $510,000.00 with all change orders reported to the City Council.
3. Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call
Agreement No. A6686, in an amount not to exceed $135,050.00 for construction
management, inspection and materials testing services for the 2018 Pavement
Rehabilitation, CP 18-01.
4. Authorize the City Manager to execute all necessary documents.
E. APPOINT A CITY COUNCIL LIAISON FOR THE VISITORS CENTER
FEASIBILITY STUDY
City Manager Ready presented the staff report.
By consensus, the Council appointed Mayor Pro Tem Roberts as the City Council Liaison
for the Visitors Center Feasibility Study.
PUBLIC COMMENT
None.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Councilmember Kors requested that a special Closed Session be scheduled to discuss the City
Manager and City Attorney’s evaluations.
In response to City Council inquiry, City Attorney Kotkin advised that members of City Council
could attend meetings related to the Districting process, but may not participate in discussions.
RECESS TO CLOSED SESSION
City Attorney Kotkin requested that City Council recess to Closed Session to discuss items listed
on the Closed Session agenda; noted that City Manager Ready will recuse himself from
discussion on the Lockwood litigation.
At 10:43 p.m., the City Council convened into Closed Session for a continuation of the Closed
Session agenda.
City Council Minutes June 20, 2018
City of Palm Springs Page 20
ADJOURNMENT
The City Council adjourned to the next regular meeting Wednesday, July 11, 2018, at 6:00 p.m.
preceded by Closed Session, at the Palm Springs Convention Center, Primrose C -D, 277 N.
Avenida Caballeros, Palm Springs, CA.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk