HomeMy WebLinkAbout2018-06-06 CC MINUTES
Wednesday, June 6, 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 6, 2018, at 6:08 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
Jennifer Cusack, Government Relations Manager for Southern California Edison (SCE), presented
information on ways to contact SCE to obtain information on outages, streetlight repairs, and
account management.
Nancy Stuart, Vice Chair of the Board of the Mount San Jacinto Winter Park Authority, provided
an update on the activities of the Palm Springs Arial Tramway.
ACCEPTANCE OF THE AGENDA
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to accept the agenda, with the removal of Item No. 1E, 1H, 1J,
1O, 1V, and 1W 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 4:00 p.m., with all members present.
City Council Minutes June 6, 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):
4348 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
City of Palm Springs v. O & M HR, LLC, et al.
Case No. RIC1703102, Riverside Superior Court, Palm Springs Division
City of Palm Springs v. Miggy’s Cantina, LLC
Case No. PSC1600359, 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: 9
Including one (1) Case Re: Tamarisk Tree Removal, Lawrence Crossley Neighborhood
Including one (1) Case Re: 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: 980 E. Tahquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District; Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment (Lease)
City Council Minutes June 6, 2018
City of Palm Springs Page 3
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 Attorney Kotkin reported that the City Council received briefings and provided direction to
staff regarding the agendized Closed Session Items, but did not take any reportable action; noted
that Councilmember Holstege recused herself regarding property negotiations for 342-344 North
Palm Canyon Drive; advised that Mayor Moon and City Manager Ready recused themselves on
one matter of initiation of litigation and the Lockwood litigation, respectively.
City Council Minutes June 6, 2018
City of Palm Springs Page 4
PUBLIC TESTIMONY
Jennifer Hamilton, speaking on Item 1L, urged the City Council to adopted the proposed
ordinance.
Joy Brown Meredith speaking on Item Nos. 1L and 1X, voiced support for the adoption of the
proposed ordinance and addendum to the tourism and management services agreement with SMG.
Les Young and Frank Alvarez, speaking on Item 1R, urged the City Council to move forward with
interviews for the Parks and Recreation Commission vacancies.
The following individuals spoke in opposition to Item No. 5A, related to the Walk of Stars
Program, opining that the City should maintain the existing agreement with the Palm Springs Walk
of Stars Organization:
Tony Aguilar
Bill Beck
Dr. Sharron Stroud
David Miller
Robert Alexander, President of Palm Springs
Walk of Stars
John Bolivar, Palm Spring Walk of Stars
Board Member
Audrey Rattan
Linda Chapman Henry
Allen Worthy
The following individuals spoke in support of Item No. 5A, related to the Walk of Stars Program,
opining that the City should move forward with the proposed agreement with the Chamber of
Commerce:
Nona Watson, CEO of Palm Springs Chamber of Commerce
Jenny McClain, President of Palm Springs Chamber of Commerce
Dan Gore
The following individuals spoke in support of Item No. 5C, the selection of 100% carbon free
option under the Desert Community Energy Program:
David Freedman, Sustainability Commissioner
Joy Silver
Ellen O’Rourke
The following individuals spoke in support of Item No. 5E, related to the Innovation Hub and
Accelerator Campus:
John McMullin, representing the Coachella Valley Economic Partnership
Edgar Mueller, Advanced American Supply
John Stiles
Thomas Hernandez, speaking on Item 5F, urged the City Council to support Assembly Bill 2439,
establishing an official State LGBTQ Veterans Memorial.
City Council Minutes June 6, 2018
City of Palm Springs Page 5
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Mayor Pro Tem Roberts reported on the results of Measure C, noting his commitment to refining
the vacation rental ordinance; summarized the activities of the Downtown Park Subcommittee,
noting that the park design is ahead of schedule.
Councilmember Kors invited the community to attend upcoming events related to the districting
process; advised that the Business Retention Subcommittee is working on the development of a
marketing campaign for local businesses; noted complaints from downtown businesses related to
trash and recycling bins.
Councilmember Holstege requested that the webpages on districting be translated into Spanish;
requested that the City Council consider rescheduling certain City Council meeting dates so that
Councilmembers may attend the National League of Cities Annual Conference in Los Angeles;
provided an update on the Sponsorships and Program Grants and City Council Code of Conduct;
advised that the Homelessness Subcommittee is working to secure a facility for respite care for the
homeless; requested that the School District’s proposal on cannabis education be agendized for
June 20, 2019.
Councilmember Middleton advised that deferral of appointments to Boards and Commissions would
allow the City to conduct enhanced recruitment during the districting meetings; requested that the
Sunline proposal to resume the Buzz Trolley be agendized for June 20, 2018; reported on recent
discussions with the Riverside County Transportation Commission regarding rail service; advised that
the Neighborhoods USA Conference will be held in Palm Springs in 2019.
In response to City Council inquiry, City Manager Ready advised that staff will update the City
Council on the removal of the tamarisk trees and properties subject to the City’s new vacant
building ordinance at upcoming meetings.
1. CONSENT CALENDAR
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the Consent Calendar, with the removal of Item Nos. 1E, 1H, 1J, 1O,
1V, and 1W.
A. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1
HISTORIC SITE LOCATED AT 1754 SOUTH ARABY DRIVE, HSPB 103/HD-6
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Leo S. Spiegel and Park
Imperial South Homeowners Association, for 1754 S Araby Drive, a Class 1 Historic
Site, HSPB 103/HD-6. A7151.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City Council Minutes June 6, 2018
City of Palm Springs Page 6
B. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1844 S BARONA ROAD, HSPB 93/HD-5
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Shaun Grover and Sandcliff
Homeowners Association, for 1844 S Barona Road, a Class 1 Historic Site,
HSPB 93/HD-5. A7152.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
C. RATIFY AND REAPPOINT THE NOMINATION OF THE CITY OF PALM
DESERT TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING JUNE 30, 2021
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to reappoint Rolf Hoehn, as the City of Palm Desert representative,
to the Palm Springs International Airport Commission for the term ending June 30, 2021.
D. APPROVAL OF TIME EXTENSION OF THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR TM 33161, “VISTA SAN JACINTO”
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24423 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING TIME EXTENSION OF THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR TM 33161, “VISTA SAN JACINTO.”
E. REQUEST BY PALM SPRINGS CULTURAL CENTER FOR A TEMPORARY
ART MURAL ON THE REAR (WEST) ELEVATION OF THE PALM SPRINGS
CULTURAL CENTER BUILDING LOCATED AT 2300 E. BARISTO ROAD,
CASE 18-002 MUR
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 6, 2018
City of Palm Springs Page 7
F. AMENDMENT NO. 4 TO AGREEMENT NO. A6288 WITH NBS GOVERNMENT
FINANCE GROUP FOR ASSESSMENT DISTRICT, LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT, COMMUNITY FACILITIES DISTRICT, AND
COUNTY SERVICE AREA AUDIT AND ADMINISTRATION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 4 to Agreement No. A6288 with NBS Government Finance
Group, extending the contract term for one year through June 30, 2019, leaving all other
terms of the agreement unchanged.
2. Authorize the City Manager to execute all necessary documents.
G. ACCEPTANCE OF DONATION FROM THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS IN THE AMOUNT OF $25,000 FOR THE PURCHASE OF
A LICENSE PLATE RECOGNITION SYSTEM (LPR) AND ACCESS TO LAW
ENFORCEMENT SHARING NETWORK
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the acceptance of a donation award from the Agua Caliente Band of Cahuilla
Indians in the amount of $25,000 for the purchase of a License Plate Recognition
System and access to law enforcement sharing network.
2. Authorize the City Manager to execute any necessary documents to effectuate the
purchase.
H. ACCEPTANCE OF THE SB 821 MISSING LINK SIDEWALKS, CP 15-23
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
I. PROPOSED RESOLUTION DECLARING ITS INTENTION TO LEVY
ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM
BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE
FOR THE PUBLIC HEARING
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEM BER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24425 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS
SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND
SETTING A TIME AND PLACE FOR THE PUBLIC HEARING."
2. Direct the City Clerk to give notice as required by law.
City Council Minutes June 6, 2018
City of Palm Springs Page 8
J. CONSIDER ADOPTION OF A RESOLUTION OPPOSING REPEAL OF 'THE
ROAD REPAIR AND ACCOUNTABILITY ACT' (SB 1 – BEAL), AND
APPROVAL TO JOIN THE COALITION TO PROTECT LOCAL
TRANSPORTATION IMPROVEMENTS
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
K. SECOND READING AND ADOPTION OF ORDINANCE NO. 1957 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
ZONING CODE (PSZC) TO ALLOW ADMINISTRATIVE APPROVAL OF
AGRICULTURAL STRUCTURES IN THE E-I (ENERGY INDUSTRIAL) ZONE
AND THE M-2 (MANUFACTURING) ZONE, CASE 5.1442 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Ordinance No. 1957 “AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10 AND 94.04.00
OF THE PALM SPRINGS MUNICIPAL CODE TO ALLOW ADMINISTRATIVE
APPROVAL OF AGRICULTURAL STRUCTURES IN THE E-I (ENERGY
INDUSTRIAL) AND M-2 (MANUFACTURING) ZONES, CASE 5.1442 ZTA.”
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1958 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING
CODE (PSZC) TO ALLOW GROCERY STORES IN THE CBD (CENTRAL
BUSINESS DISTRICT) ZONE AND TO PROVIDE FOR OTHER MINOR
MODIFICATIONS TO THE LIST OF PERMITTED USES, CASE 5.1443 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Ordinance No. 1958 “AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE
SECTIONS 91.00.10, 92.09.01, AND 92.09.02 TO ALLOW GROCERY STORES
WITHIN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE AND TO PROVIDE
FOR OTHER MINOR MODIFICATIONS AND CORRECTIONS, CASE 5.1443 ZTA.”
M. APPROVE PROCUREMENT OF KACE SYSTEMS MANAGEMENT
APPLIANCE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the purchase of KACE Systems Management Appliance including licensing,
support, remote training and assisted installation in an amount not- to-exceed $27,028,
inclusive of all applicable taxes and fees, utilizing the National Association of State
Procurement Officials (NASPO) ValuePoint national cooperative purchase contract
MNWNC-108/7157034003 from Dell.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes June 6, 2018
City of Palm Springs Page 9
N. 2018 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLI CT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24427 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND
SUBMIT THE 2018 BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL
REFORM ACT."
O. ADOPT A RESOLUTION SUPPORTING PROPOSITION 68, THE CALIFORNIA
DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND
OUTDOOR ACCESS FOR ALL ACT OF 2018
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
P. DESIGNATION OF A PORTION OF MARION WAY AS PUBLIC RIGHT-OF- WAY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24429 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARATION OF A PORTION OF PROPERTY AS PUBLIC RIGHT-OF-WAY FOR
MARION WAY, IN SECTION 26, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
Q. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH DATA
TICKET, INC., FOR SERVICES RELATED TO ADMINISTRATIVE CITATION
PROCESSING AND COLLECTION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Consultant Services Agreement with Data Ticket, Inc., a California
corporation, in an annual amount not to exceed $50,000 for administrative citation
processing and collection services with an initial term of three years, with two optional
one-year extensions. A5679.
2. Authorize the City Manager to execute all necessary documents.
R. DEFERRAL OF MAKING APPOINTMENTS TO BOARDS AND COMMISSIONS
WHERE TERMS WERE SET TO EXPIRE ON JUNE 30, 2018
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to defer taking action on appointments for Boards and
Commissions where terms were set to expire on June 30, 2018, and conduct interviews and
make appointments to commence on January 1, 2019, as outlined in this staff report.
City Council Minutes June 6, 2018
City of Palm Springs Page 10
S. APPROVAL OF AN ONLINE SERVICES AGREEMENT WITH NEOGOV FOR
TALENT MANAGEMENT SOFTWARE SYSTEM SERVICES FOR THE HUMAN
RESOURCE DEPARTMENT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve an Online Services Agreement with GovernmentJobs.com, Inc., a California
corporation, dba NeoGov, for human resources support and training services in the
annual amount not to exceed $50,000 subject to automatic renewals on an annual basis.
A7016.
2. Authorize the City Manager to execute all necessary documents.
T. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2018- 19
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24430 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE
ENGINEER’S REPORT REGARDING 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, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND
COLLECTION RELATED THERETO FOR FISCAL YEAR 2018- 19.”
2. Adopt Resolution No. 24431 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 11, 2018,
REGARDING 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 TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2018-19.”
City Council Minutes June 6, 2018
City of Palm Springs Page 11
U. ADOPT THE CALTRANS POLICIES AND PROCEDURES OUTLINED IN
LOCAL ASSISTANCE PROCEDURES MANUAL, CHAPTER 10 FOR
ADMINISTERING FEDERALLY FUNDED CAPITAL PROJECTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24432 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE CALTRANS POLICIES AND PROCEDURES OUTLINED IN LOCAL
ASSISTANCE PROCEDURES MANUAL, CHAPTER 10 FOR ADMINISTERING
FEDERALLY FUNDED CAPITAL PROJECTS.”
V. APPROVAL OF MINUTES
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
W. APPROVAL OF A PRODUCT AND SERVICES AGREEMENT WITH ACTIVE
NETWORK, LLC, FOR WEB BASED REGISTRATION FOR RECREATION
PROGRAMS AND FACILITY RENTALS
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
X. APPROVE AN ADDENDUM TO THE TOURISM AND MANAGEMENT
SERVICES AGREEMENT WITH SMG
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Approve an Addendum to the Tourism and Management Services Agreement with
SMG extending the Agreement until December 31, 2018. A6410.
2. Extend the sunset date of the City Council Ad-Hoc Subcommittee for the Convention
Center Tourism and Management Services Agreement until January 30, 2019.
EXCLUDED CONSENT CALENDAR
E. REQUEST BY PALM SPRINGS CULTURAL CENTER FOR A TEMPORARY
ART MURAL ON THE REAR (WEST) ELEVATION OF THE PALM SPRINGS
CULTURAL CENTER BUILDING LOCATED AT 2300 E. BARISTO ROAD,
CASE 18-002 MUR
In response to City Council inquiry, Director of Planning Services Fagg and City Attorney
Kotkin advised that discussion regarding public noticing of property owners and tenants
will be agendized for the Public Integrity Subcommittee and the City Council at upcoming
meetings.
City Council Minutes June 6, 2018
City of Palm Springs Page 12
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24424 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TEMPORARY ART MURAL ON THE REAR (WEST) ELEVATION
OF THE PALM SPRINGS CULTURAL CENTER BUILDING LOCATED AT 2300 E.
BARISTO ROAD, CASE 18-002 MUR.”
H. ACCEPTANCE OF THE SB 821 MISSING LINK SIDEWALKS, CP 15-23
Following clarification, MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY
MAYOR PRO TEM ROBERTS, CARRIED 5-0, to:
1. Accept the public works improvement identified as the SB 821 Missing Link Sidewalks
Project as completed in accordance with the plans and specifications, CP 15-23. A7022.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the SB 821 Missing Link Sidewalks
Project, CP 15-23.
J. CONSIDERATION TO ADOPT A RESOLUTION OPPOSING REPEAL OF 'THE
ROAD REPAIR AND ACCOUNTABILITY ACT' (SB 1 – BEAL), AND
APPROVAL TO JOIN THE COALITION TO PROTECT LOCAL
TRANSPORTATION IMPROVEMENTS
Councilmember Middleton spoke on the importance of SB 1 and the impact to local
transportation projects, if the gas tax is repealed.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24426 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
OPPOSING 'THE ROAD REPAIR AND ACCOUNTABILITY ACT' (SB 1 – BEAL)
REPEAL, AND APPROVAL TO JOIN THE COALITION TO PROTECT LOCAL
TRANSPORTATION IMPROVEMENTS.”
O. ADOPT A RESOLUTION SUPPORTING PROPOSITION 68, THE CALIFORNIA
DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND
OUTDOOR ACCESS FOR ALL ACT OF 2018
Councilmember Middleton spoke on the benefits of Proposition 68, which includes funding
for the Salton Sea restoration.
Councilmember Holstege encouraged staff to seek grant funding.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24428 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS SUPPORT FOR PROPOSITION 68, THE CALIFORNIA
DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND
OUTDOOR ACCESS FOR ALL ACT OF 2018.”
City Council Minutes June 6, 2018
City of Palm Springs Page 13
V. APPROVAL OF MINUTES
Councilmember Kors requested tabling the matter to make corrections to the minutes of
March 21, 2018.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to table the City Council Meeting Minutes of March 21, 2018.
W. APPROVAL OF A PRODUCT AND SERVICES AGREEMENT WITH ACTIVE
NETWORK, LLC, FOR WEB BASED REGISTRATION FOR RECREATION
PROGRAMS AND FACILITY RENTALS
Councilmember Kors requested that the contract be modified to include the standard
non-discrimination provision.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Product and Services Agreement (Contract #00100315) with Active
Network, LLC, a Delaware limited liability company, in an annual amount not to
exceed $24,000 for online web-hosting services related to registration for recreation
programs and facility rentals, with a term of five (5) years, as amended. A6585.
2. Authorize the City Manager to execute all documents.
2. PUBLIC HEARINGS
A. PROPOSED RESOLUTION TO PLACE DELINQUENT WASTE DISPOSAL
CHARGES ON THE RIVERSIDE COUNTY TAX ROLLS FOR COLLECTION
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. 24433 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRING S, CALIFORNIA,
DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT
AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY
PROPERTY TAX ROLLS FOR COLLECTION.”
City Council Minutes June 6, 2018
City of Palm Springs Page 14
MEETING RECESSED AND RECONVENED
The City Council recessed at 8:02 p.m. and reconvened at 8:13 p.m., with all members present.
B. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2018-19 BUDGET,
ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR
AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR AGENCY
BUDGET, APPROPRIATIONS LIMIT, AND INVESTMENT POLICY
City Manager Ready presented the staff report.
In response to City Council inquiry, City Manager Ready advised that the School District
will provide additional information regarding the proposed cannabis education program,
prior to implementing the program.
In response to City Council inquiries, Director of Engineering Garcia advised that staff will
seek alternative funding sources for the Hot Spots Project. City Manager Ready noted that
administrative costs appear to have increased due to transitioning legal services in -house
and new accounting requirements for pension liabilities.
Mayor Moon opened the Public Hearing.
Darrell Terrell, recommended that the City Council consider priority-based budgeting and
a biennial budget.
There being no others wishing to speak, Mayor Moon closed the Public Hearing.
Councilmember Kors noted that the recreation program fees will be evaluated by the Parks
and Recreation Commission, prior to final approval by the City Council.
Councilmember Holstege requested that staff and the Measure J Oversight Commission
develop a comprehensive Capital Improvement Plan for Measure J funding; opined that
the City Council needs additional staff support, suggesting the hiring of an additional
Executive Assistant.
Mayor Moon suggested hiring of a temporary or hourly employee to assist the Public Arts
Commission rather than a regular part-time position; opined that the School District should
seek funding from the State for a cannabis education program; requested that staff develop
cost estimates for the General Plan update.
Mayor Moon and Mayor Pro Tem Roberts agreed to serve on an Ad Hoc Subcommittee to
review and consolidate the report on facility maintenance.
Councilmember Kors confirmed Council will vote on the Investment Policy and agreed
with Councilmember Middleton about being clear the City will not invest in firms that
manufacture or distribute guns.
City Council Minutes June 6, 2018
City of Palm Springs Page 15
Councilmembers Middleton and Kors requested that the Social Responsibility Policy be
amended to reflect that the City will not invest in any firm that manufactures or distributes
guns. Mayor Moon adding “gun/ammunition manufacturing or distribution companies.”
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24434 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR
2018-19.”
2. Adopt Resolution No. 24435 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET
FOR FISCAL YEAR 2018-19 AND OTHER SUCH MATTERS AS REQUIRED.”
3. Adopt Resolution No. 24436 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS THE SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, AND IN ITS CAPACITY AS THE
HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR
AGENCY BUDGET FOR FISCAL YEAR 2018-19, AND OTHER SUCH MATTERS
AS REQUIRED.”
4. Adopt Resolution No. 24437 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2019.”
5. Adopt Resolution No. 24438 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS
AND SUPERSEDING RESOLUTION NO. 24241,” as amended to state that the City
shall not invest in gun/ammunition manufacturing or distribution companies.
6. Direct the City Manager and Director of Finance and Treasurer to make the appropriate
modifications to the Budget and prepare the final budget document for Fiscal Year
2018-19.
3. LEGISLATIVE
None.
4. UNFINISHED BUSINESS
None.
City Council Minutes June 6, 2018
City of Palm Springs Page 16
5. NEW BUSINESS
A. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE PALM
SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF THE
PALM SPRINGS WALK OF STARS PROGRAM
Mayor Moon and Mayor Pro Tem Roberts presented the Subcommittee’s report; opined
that the Chamber of Commerce is qualified to manage the program; noted that the proceeds
will help fund local special events, parades, and other community programs.
Councilmember Middleton expressed support for the proposal, opining that no
Councilmember should influence the selection process.
Councilmember Holstege noted that the City Council has a responsibility to ensure that the
proceeds are being utilized appropriate, highlighting that the stars are placed in the City’s
limited sidewalk space.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Contract Services Agreement with the Palm Springs Chamber of
Commerce, a California non-profit corporation, for administration of the Palm Springs
Walk of Stars Program, effective June 5, 2018, for a term of three (3) years, with two
(2), one-year (1) optional extensions, through June 30, 2023. A7153.
2. Authorize the City Manager to reimburse the Palm Springs Chamber of Commerce, a
California non-profit corporation, for certain first-year Palm Springs Walk of Stars
Program expenditures, in an amount not to exceed $25,000.
3. Establish a City Council Walk of Stars Standing Subcommittee to replace the existing
Ad-Hoc Subcommittee, delegated with authority to provide oversight of the Palm
Springs Walk of Stars Program throughout the duration of the Agreement.
4. Accept the irrevocable offer of dedication of the existing “Stars” from the Palm Springs
Walk of Stars, a California nonprofit organization, to the City of Palm Springs,
pursuant to Section 2.3 of that certain License Agreement, Agreement No. A4981.
5. Authorize the City Manager to execute all necessary documents.
City Council Minutes June 6, 2018
City of Palm Springs Page 17
B. ADOPTION OF A RESOLUTION DECLARING A LOCAL EMERGENCY IN
ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 20168,
AUTHORIZING AWARD OF A CONSTRUCTION CONTRACT TO D.W.
JOHNSTON CONSTRUCTION, INC., IN THE AMOUNT OF $332,319 IN
ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22050 AND
PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040; AND FINDING THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA, CORNELIA
WHITE HOUSE EXTERIOR REPAIRS, CP 15-16
City Manager Ready presented the staff report.
Mayor Pro Tem Roberts pointed out that the project costs have significantly decreased
because the contractor has offered to provide some work and materials in-kind.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24439 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING A LOCAL
EMERGENCY PURSUANT TO SECTION 20168 OF THE CALIFORNIA PUBLIC
CONTRACT CODE, PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040, AND
CITY CHARTER SECTION 300; AWARDING A CONSTRUCTION CONTRACT TO
D.W. JOHNSTON CONSTRUCTION, INC., WITHOUT COMPETITIVE
SOLICITATION FOR BIDS PURSUANT TO SECTION 22050 OF THE CALIFORNIA
PUBLIC CONTRACT CODE, AS NECESSARY TO IMMEDIATELY PRESERVE
AND RESTORE THE CORNELIA WHITE HOUSE; AND DETERMINING THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA.”
2. Appropriate an additional amount of $100,500 from available Measure J Capital Fund
contingency in Account 260-4500-50000 for the Cornelia White House Exterior
Repairs, CP 15-16.
3. Award a construction contract to D.W. Johnston Construction, Inc., a California
corporation, in the amount of $332,319 for the Cornelia White House Exterior Repairs,
CP 15-16. A7154.
4. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $33,232 with all change orders reported to the City Council.
5. Authorize issuance of a Purchase Order in the amount of $15,500 to This ‘n That Films,
a California registered partnership, for documentation and filming of the Cornelia
White House Exterior Repairs, CP 15-16.
6. Authorize the City Manager to issue various Purchase Orders and incur expenditures
in the cumulative amount of $50,000 for related project costs, including relocation and
storage of furnishings, installation of perimeter fencing and screening, and
miscellaneous work.
7. Authorize the City Manager to execute all necessary documents.
City Council Minutes June 6, 2018
City of Palm Springs Page 18
C. SELECTION OF THE 100% CARBON FREE OPTION UNDER DESERT
COMMUNITY ENERGY’S COMMUNITY CHOICE AGGREGATION
PROGRAM
Councilmember Kors narrated a PowerPoint presentation regarding the carbon free options
under the Desert Community Energy program; advised that the program would commence
on August 1, 2018.
In response to City Council inquiries, Councilmember Kors advised that a reserve fund
will help smooth out any future increases in rates; advised that residents can still participate
in the energy buyback program; confirmed that the 100% carbon free option does not use
new large hydro-power projects.
Director of Economic Development Virata advised that the City may change energy
providers and carbon free options in the future.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, upon the commencement of Desert Community Energy
Community Choice Aggregation program, select the 100% Carbon-Free option for the
City’s electricity consumption.
D. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S
INSURANCE PORTFOLIO FOR FISCAL YEAR 2018-19
City Manager Ready presented the staff report.
Councilmember Holstege recommended that the City consider increasing its insurance
coverages in the future. Councilmember Middleton offered to work with staff to review
coverage options.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24440 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING KEENAN & ASSOCIATES AS THE CITY’S BROKER OF RECORD,
TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD
LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS
WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY,
VILLAGEFEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL
LIABILITY, CRIME/FIDELITY LIABILITY, AND CYBER LIABILITY INSURANCE
POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2018-19, EFFECTIVE
JULY 1, 2018.”
City Council Minutes June 6, 2018
City of Palm Springs Page 19
E. AMENDMENT NO.1 TO THE CONSULTING SERVICES AGREEMENT FOR
ADMINISTRATIVE AND MANAGEMENT SERVICES OF THE PALM SPRINGS
INNOVATION HUB AND ACCELERATOR CAMPUS WITH THE COACHELLA
VALLEY ECONOMIC PARTNERSHIP; APPROVE AMENDMENT NO. 2 TO
THE LEASE AGREEMENT AT 2901 E. ALEJO ROAD, WITH THE
COACHELLA VALLEY ECONOMIC PARTNERSHIP; AND APPROVE $125,000
GENERAL MEMBERSHIP FUNDING FOR THE COACHELLA VALLEY
ECONOMIC PARTNERSHIP FOR A FIVE-YEAR PERIOD
Director of Economic Development Virata presented the staff report.
In response to City Council inquiry, Joe Wallace, representing CVEP, advised that each
business is continuously monitored to determine if it is ready to leave the campus; advised
that CVEP is discussing partnerships with the College of the Desert.
Councilmember Holstege expressed concern that certain areas of the campus are unusable
due to building maintenance issues, such as lack of air conditioning.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Consulting Services Agreement No. A6106 with the
Coachella Valley Economic Partnership.
2. Approve Amendment No. 2 to Lease Agreement No. A6398 at 2901 E. Alejo Road,
with the Coachella Valley Economic Partnership.
3. Approve funding in the amount of $125,000 annually for five years beginning in the
2018-19 fiscal year.
4. Authorize the City Manager to execute all necessary documents.
F. DISCUSSION REGARDING PENDING STATE LEGISLATION AND LOBBYING
EFFORTS WITH STATE REPRESENTATIVES AND AGENCIES IN
SACRAMENTO
Councilmember Kors noted that the City Council will be in Sacramento to be honored as
the first all LGBT City Council in the nation; advised that Councilmembers will meet with
state representatives to discuss pending legislation; summarized the bills presented in the
staff report.
Councilmember Holstege requested that the City Council consider taking positions on
Assembly Bills 686, 1968, 2123, and 2256 at a future meeting.
City Council Minutes June 6, 2018
City of Palm Springs Page 20
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to take a position in support of, or opposition to, specific
pending state legislation to be discussed with State Representatives and Agencies. The
following is a list of the City Council’s position on the selected bills:
AB 18, California Clean Water, Climate, Coastal Protection, and Outdoor
Access for All Act 2018
Support
AB 1793, Cannabis Convictions: Resentencing Support
AB 1884, Single Use Plastic Straws Support
AB 1885, Undocumented Workers: California Resident Worker Program and
Economic Stabilization Act
Support
AB 1912, Public Employees’ Retirement: Joint Powers Agreement: Liability Oppose
AB 2020, Cannabis: Local Jurisdiction Licensees: Temporary Event License Support
AB 2215, Cannabis: Veterinarians: Animals Support
AB 2439, LGBT Veterans Memorial Support
AB 2490, Vital Records: Homeless Persons Support
AB 2719, Aging Support
SB 905, Alcoholic Beverages: Hours of Sale Support
SB 918, Homeless Youth Act of 2018 Support
SB 930, Financial Institutions: Cannabis Support
SB 1043, Department of Veterans Affairs: Veterans’ Services Support
SB 1294, Cannabis: State and Local Equity Programs Support
PUBLIC COMMENT
Darrell Terrell, discussed the legacy of Robert F. Kennedy and the American Dream.
James Graff, spoke on the need for sidewalks on East Sunny Dunes Road from East Palm Canyon
Road to Calle Amigos, noting that it is a pedestrian safety issue.
Brad Anderson opined that the Coachella Valley Mosquito and Vector Control District is not
adequately controlling the mosquito population.
Allen Worthy, demanded that the City settle his claim against the City; called for the resignation
of the Police Chief.
Sid Craig, spoke on the success of Modernism Week and the progress made by the City Council
to improve the city.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Councilmember Middleton requested that staff evaluate the feasibility of a biennial budget;
advised that the Library Subcommittee is discussing the possibility of a library with the College
of the Desert at their future Palm Springs campus.
City Council Minutes June 6, 2018
City of Palm Springs Page 21
ADJOURNMENT
At 11:06 p.m., the City Council adjourned in memory of Robert F. Kennedy to the next regular
meeting Wednesday, June 20, 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