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Wednesday,February 21, 2018
Minutes of the Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, February 21, 2018, at 6:05 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 Tern
J.R. Roberts; and Mayor Robert Moon.
Absent: None.
City Staff
Present: David H. Ready, City Manager; Edward Z. Kotkin, City Attorney; Marcus Fuller,
Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS
DOWNTOWN FURNITURE PILOT PROGRAM
Mayor Pro Tern Roberts revealed the new demonstration furniture for the downtown; advised
that the full project will install new benches, trash containers, newspaper racks, and bike racks on
Palm Canyon and Indian Canyon Drives, between Vista Chino Avenue and Ramon Road; urged
the community to provide feedback on the sample furniture, noting that the matter will return to
the City Council for discussion.
FISCAL YEAR 2016-17 FINANCIAL AUDIT
Finance Director Kiehl introduced Brian Grubber, auditor from Lance, Sol] and Lunghard, LLP,
who summarized the results of the annual audit, noting that the audit resulted in an unqualified
opinion; stated that City staff and officials were cooperative and provided access to all requested
documents.
City Council Minutes February 21, 2018
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. 1D, 1M, 10 and 1T for
separate discussion.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of February 21, 2018, was called to order by
Mayor Moon at 4:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the
Regular Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
Lee H. Brandenburg and Diane M. Brandenburg, Individually and as Trustees of the
Brandenburg Revocable Trust and Dennis A. Cunningham and Andrea C. Cunningham
individually, and in their capacities as Trustees of the Cunningham Family Trust Dated
1211412000 v. City of Palm Springs et al.
Case No. PSC 1606147, 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: 5
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 5
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code
Section 54957(b)(1):
Title: 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 of Palm Springs Page 2
City Council Minutes February 21. 2018
Property Address/Description: 1901 E. Baristo Road, APN 502-200-001, -002
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Andrew Starke, Palm Springs Power Baseball Club
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: Successor Agency of the Redevelopment Agency
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Emmanuel Dossetti
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: APN 680-170-051
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Brian Ferrero, ACBCI
Under Negotiation: Right-of-Way fee Acquisition/Slope Easement/
Temporary Construction Easement
Property Address/Description: APN 680-170-014
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Brian Ferrero, ACBCI
Under Negotiation: Right-of-Way fee Acquisition/Slope Easement/
Channel Structure Easement/Temporary Construction
Easement
Property Address/Description: APN 680-170-053
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Brian Ferrero, ACBCI
Under Negotiation: Right-of-Way fee Acquisition/ Slope Easement/
Channel Structure Easement/Temporary Construction
Easement
City of Palm Springs Page 3
City Council Minutes February 21, 2018
CONFERENCE WITH LABOR NEGOTIATORS,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.
PUBLIC TESTIMONY
The following individuals spoke on Item No. 5B, indicating their support for vacation rentals:
Aftab Dada President of Palm Springs Hospitality Association
Esperanza Cantu, Rental Connection
Peter MacFarlane
Bruce Hoban, We Love Palm Springs Committee
Kelly McLean, We Love Palm Springs Committee
Mark Bragg
JeremyOgul, HomeAway
Jim Franklin, Palm Springs Regional Association of Realtors
Joy Meredith Brown, Main Street Palm Springs
Marco Alvaz
The following individuals spoke on Item No. 5B, indicating opposition to vacation rentals and
requested that the City Council submit the ballot measure on the voters on June 5, 2018:
Ester Stadtler, on behalf of Cristal Proaue
Marla Malaspina
Steve Rose
Robert Grimm
Brian Yaklich
Hugh Vance
Richard Samuels
Chip Burr
Joan Martin
City of Palm Springs Page 4
City Council Minutes February 21, 2018
The following individuals spoke on Item No. 3A, indicating their support and urging the City
Council to adopt the proposed ordinance related to public integrity:
Jim Van Dyke
Steve Rose
David Freedman
Russ Uthe, Chairman of the Personnel Board and Co-Chair of the Ethics Committee
Ronald Matlin, speaking on Item No. 5C, expressed concerns related to allowing the BUZZ
trolley to operate through residential neighborhoods; suggested that the routes should be
modified to avoid the Historic Tennis Club neighborhood.
Patricia Breslin, Historic Tennis Club Board Member, speaking on Item No. 5C, voiced
opposition to the BUZZ trolley cutting through the Historic Tennis Club neighborhood.
Aftab Dada, President of Palm Springs Hospitality Association, opined that most tourists do not
use the BUZZ trolley and expressed support for eliminating the BUZZ.
Joy Brown Meredith,Main Street Palm Springs,indicated support for continuing the BUZZ trolley.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Councilmember Kors reported on the Cannabis Standing Subcommittee meeting, noting that
applicants spoke positively on their experience dealing with City staff.
In response to City Council inquiry, City Manager Ready stated the airport is preparing to allow
pick-up by Transportation Network Companies (TNC) and that the City Attorney is moving
forward with finalizing permits for the TNCs.
Councilmember Holstege reported on the Coachella Valley Association of Government
Homelessness Task Force and requested the Coachella Valley Housing First Open House flyer
be posted on the City's website; announced the Riverside County Board of Supervisors adopted a
bipartisan resolution in support of Deferred Action for Childhood Arrivals (DACA) recipients
and requested a similar resolution be agendized.
Mayor Pro Tem Roberts reported on the Indian Canyon Two-Way Conversion Subcommittee
meeting, noting that groundbreaking may happen soon; announced that Historic Site Preservation
Board (HSPB) unanimously approved the Cornelia White House restoration project.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to accept the Consent Calendar, with the removal of Item Nos. 1D, 1M, 10,
and IT for separate discussion.
City of Palm Springs Page 5
City Council Minutes February 21, 2018
A. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1415 NORTH CAMINO CENTRO,
HSPB 107
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement with William F.
Stewart, for 1415 North Camino Centro, a Class 1 Historic Site, HSPB 107, A7106.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
B. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1776 SOUTH ARABY DRIVE, HSPB
103/HD-6
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Richard Gero and Felissa
Gero and Park South Homeowners Association, for 1776 South Araby Drive, a Class
1 Historic Site, HSPB 103/HD-6, A7107.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
C. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1611 SOUTH CALLE PALO FIERRO
UNITS 1, 29 AND 6A, HSPB 102
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Diane Dewbrey and
Desert Star Homeowners Association, for 1611 South Calle Palo Fierro Units 1,
2, and 6A, a Class 1 Historic Site, HSPB 102, A7108.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City of Palm Springs Page 6
City Council Minutes February 21, 2018
D. REPORT ON PROGRESS OF CV HOUSING FIRST PROGRAM FROM
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
E. APPROVAL OF TRACT MAP 37210 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH THE RIV, LP
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24369 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 37210 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH THE RN, LP, A CALIFORNIA LIMITED
PARTNERSHIP, FOR PROPERTY LOCATED AT 2000 NORTH INDIAN CANYON
DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST." A7109.
F. ACCEPTANCE OF THE PALM SPRINGS SWIM CENTER REPLASTER AND
POOL REPAIR PROJECT, CP 16-06
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Palm Springs Swim Center
Replaster and Pool Repair Project, CP 16-06, as completed in accordance with the
plans and specifications. A7029.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Palm Springs Swim Center
Replaster and Pool Repair Project, CP 16-06.
G. AWARD A CONSTRUCTION CONTRACT TO TBU INC., IN THE AMOUNT
OF $2209559 FOR THE SONORA ROAD STORM DRAIN IMPROVEMENTS,
CP 16-12
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Award a construction contract to TBU Inc., a California corporation, in the amount of
$220,559 for the Sonora Road Storm Drain Improvements, CP 16- 12, A7110.
2. Authorize the City Manager to execute all necessary documents.
City of Palm Springs Page 7
City Council Minutes February 21, 2018
H PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC CONSULTING
ENGINEERS, INC., FOR THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) CYCLE 8 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL-
AID PROJECT NO. HSIPLN-5282 (047) AND INSTALLATION OF A FLASHING
BEACON,FEDERAL-AID PROJECT NO. HSIPL-5282 (048), CP 16-18
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with Advantec Consulting Engineers,
Inc., in the amount of$433,144 for environmental and engineering design services for
the Highway Safety Improvement Program (HSIP) Cycle 8 Traffic Signal
Modifications, Federal-Aid Project No. HSIPLN-5282 (047) and Installation of a
Flashing Beacon, Federal-Aid Project No. HSIPL-5282 (048), CP 16-18, A7111.
2. Authorize the City Manager to execute all necessary documents.
I. TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT AND
AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITY
FOR THE"STROKE ACTIVITY CENTER"DEVELOPMENT,PARCEL MAP 30581
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24370 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
TERMINATING SUBDIVISION IMPROVEMENT AGREEMENT NO. A5216 WITH
PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, A CALIFORNIA
NON-PROFIT CORPORATION, AND AUTHORIZING RELEASE OF SECURITIES
THEREFORE, ASSOCIATED WITH PARCEL MAP 30581 FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL
ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST." A5216.
J. 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. 24371 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 12-30-2017 BY
WARRANTS NUMBERED 420178 THROUGH 420189 TOTALING $22,109.53,
LIABILITY CHECKS NUMBERED 1096602 THROUGH 1096621 TOTALING
$80,295.41, FIVE WIRE TRANSFERS FOR $80,179.25, AND THREE
ELECTRONIC ACH DEBITS OF $1,492,681.29 IN THE AGGREGATE AMOUNT
OF$1,675,265.48, DRAWN ON BANK OF AMERICA."
(CityCouncil action continued on next page)
P S
City of Palm Springs Page 8
City Council Minutes February 21, 2018
2. Adopt Resolution No. 24372 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1096622 THROUGH
1096671 IN THE AGGREGATE AMOUNT OF $744,767.83, DRAWN ON BANK
OF AMERICA."
3. Adopt Resolution No. 24373 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1096672 THROUGH
1096785 IN THE AGGREGATE AMOUNT OF $1,159,704.35, DRAWN ON
BANK OF AMERICA."
4. Adopt Resolution No. 24374 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 01-13- 2018 BY
WARRANTS NUMBERED 420190 THROUGH 420205 TOTALING $25,186.58,
LIABILITY CHECKS NUMBERED 1096786 THROUGH 1096805 TOTALING
$78,021.44, FIVE WIRE TRANSFERS FOR $61,453.16, AND THREE
ELECTRONIC ACH DEBITS OF $1,379,196.74 IN THE AGGREGATE AMOUNT
OF $1,543,857.92, DRAWN ON BANK OF AMERICA."
5. Adopt Resolution No. 24375 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1096806 THROUGH
1096927 IN THE AGGREGATE AMOUNT OF $1,341,308.78, DRAWN ON
BANK OF AMERICA."
6. Adopt Resolution No. 24376 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1096928 THROUGH
1097087 IN THE AGGREGATE AMOUNT OF $2,834,224.45, DRAWN ON
BANK OF AMERICA."
K. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE
RATE APPROVED BY THE VOTERS BY MEASURE "G" PURSUANT TO
PALM SPRINGS MUNICIPAL CODE § 3.39.050
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24377 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE
PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY
THE VOTERS BY MEASURE "G."
City of Palm Springs Page 9
City Council Minutes February 21, 2018
L. APPOINTMENT TO THE PLANNING COMMISSION FOR THE UNEXPIRED
TERM ENDING JUNE 309 2019
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to appoint Dennis Woods to the Planning Commission for the
unexpired term ending June 30, 2019.
M. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2017
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
N. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF JANUARY 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 January 1 through January 31, 2018.
O. APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT SERVICES
AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL
TRAFFIC SIGNAL MAINTENANCE SERVICES
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
P. AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT
SECURITIES FOR THE "MIRALON"DEVELOPMENT,TRACT NO. 31848-1
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24378 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING A REDUCTION OF SECURITIES GUARANTEEING
COMPLETION OF CERTAIN WORKS OF IMPROVEMENT ASSOCIATED WITH
TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT
AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN
RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF
WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35,
TOWNSHIP 3 SOUTH, RANGE 4 EAST." A5393.
Q. PRESENTATION OF FISCAL YEAR 2016-17 AUDIT REPORTS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Fiscal Year 2016-17 Audit Reports
prepared by the City's independent auditors.
City of Palm Springs Page 10
City Council Minutes February 21, 2018
R. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "SOL PS"
DEVELOPMENT, TRACT MAP 36525:
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24379 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36525 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH SOL PS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENIDA
CABALLEROS AND AMADO ROAD, IN SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST." A6435.
S. AMEND HR-PAYROLL SYSTEM AGREEMENT WITH HIGH LINE
CORPORATION
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A3909 with High Line Corporation to
provide the City Human Resources and Payroll Services at a one-time cost not to
exceed $100,000, with recurring costs of up to $25,576 annually.
2. Authorize the City Manager to execute all necessary documents.
T. APPROVAL OF MINUTES
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
EXCLUDED FROM THE CONSENT CALENDAR
D. REPORT ON PROGRESS OF CV HOUSING FIRST PROGRAM FROM
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
Councilmember Middleton requested that future progress reports include a standardized
dashboard on the progress and suggested that their hotline phone number be published on
the website.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to receive and file the update on the progress of the CV
Housing First program from Coachella Valley Association of Governments.
City of Palm Springs Page 11
City Council Minutes February 21, 2018
M. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2017
Councilmember Middleton requested that staff verify that the City holds no investments
in gun manufacturing companies directly or indirectly.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of
December 31, 2017.
O. APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT SERVICES
AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL
TRAFFIC SIGNAL MAINTENANCE SERVICES
In response to City Council inquiry, Assistant City Manager Fuller explained that an
unusually high number of vehicular accidents involved damaging traffic signals, resulting
in the need to increase the contract amount.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Contract Services Agreement No. A6858 with St.
Francis Electric, LLC, a California limited liability company, increasing the
maximum annual contract amount by $225,000 for a maximum annual contract
amount of$605,000 for Traffic Signal Maintenance Services.
2. Authorize the City Manager to execute all necessary documents.
T. APPROVAL OF MINUTES
Following clarification, MOTION BY COUNCILMEMBER MIDDLETON, SECOND
BY MAYOR PRO TEM ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE
ABSTAINING), to approve the City Council Meeting Minutes of January 24, 2018.
2. PUBLIC HEARINGS
None.
3. LEGISLATIVE
A. PROPOSED INTRODUCTION OF AN ORDINANCE ADOPTING CHAPTER
2.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PUBLIC
INTEGRITY
City Attorney Kotkin presented the staff report and responded to City Council inquiries.
Councilmember Kors noted that the proposed City Council Standing Subcommittee on
Public Integrity issues would not make decisions related to alleged violations, but would
be responsible for monitoring the effectiveness of the ordinance.
City of Palm Springs Page 12
City Council Minutes February 21, 2018
Mayor Pro Tern Roberts stated that he largely supports the proposed ordinance, citing
concern related to the provision which requires recusal when an official serves on a
voluntary board of directors; pointed out that if a particular Councilmember felt conflicted
on a particular issue, they would always have the option to abstain on the matter; suggested
that applicants should be allowed to apply for "at-risk" permits during the 10-day waiting
period after a Planning Commission decision, subject to approval by the City Manager.
City Manager Ready received clarification that notification of Planning Commission
decisions via email and posting on the website would comply with the provisions of the
ordinance.
The City Council requested that staff develop informational materials and training for
Boards and Commissions related to the ordinance.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to introduce Ordinance No. 1953 entitled "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
PUBLIC INTEGRITY," with Section 2.60.040(D) pulled for separate action, with the
following modifications:
a. Section 2.06.010(E) should be modified to indicate that the burden of disclosure is
placed on the applicant rather than the City.
b. Section 2.60.040, Duties of Official, to read as "a retained attorney..." to "a currently
retained attorney..."
c. Add verbiage providing for an applicant to proceed with obtaining permits at their
own risk in advance of the 10-day waiting period following a Planning Commission
decision, subject to approval by the City Manager.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER KORS, CARRIED 4-1 (MAYOR PRO TEM ROBERTS VOTING
NO), to insert Section 2.60.040(D) into Ordinance No. 1953 entitled "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY."
Mayor Moon appointed Councilmembers Kors and Middleton to serve on a City Council
Standing Subcommittee for Public Integrity issues.
MEETING RECESSED AND RECONVENED
The City Council recessed at 8:32 p.m. and reconvened at 8:42 p.m., with all members present.
4. UNFINISHED BUSINESS
None.
City of Palm Springs Page 13
City Council Minutes February 21, 2018
5. NEW BUSINESS
A. REQUEST BY TAHQUITZ CANYON INVESTORS, LLC TO ESTABLISH A
SIGN PROGRAM FOR A MULTI-TENANT COMMERCIAL PROPERTY THAT
IS PLANNED TO BE REMODELED AND PARTIALLY REDEVELOPED AS
"THE SCENE IN PALM SPRINGS" LOCATED AT 601 TO 777 EAST
TAHQUITZ CANYON WAY (SIGN PROGRAM CASE NO. 17-012)
Director of Planning Services Fagg presented the staff report.
Councilmember Middleton expressed concern that the sign program was not reviewed by
the Planning Commission. MOTION BY COUNCILMEMBER MIDDLETON to table
the matter and refer it to the Planning Commission for review. The motion died due to
lack of a second.
Mayor Pro Tern Roberts voiced concern that recent retail developments interior lights
are too bright and spilling ambient light outside of the building. Director of Planning
Services Fagg suggested consideration of light intensity could be added to the Sign
Program in a future amendment.
Samuel Rasmussen, applicant, reviewed the sign program for the proposedproject;
requested that the City Council allow for the monument sign to remain 18-feet wide,
allow for 6500 kelvin illumination, and approve the pole signs with goose neck LED
lighting. In response to Council inquiries, Mr. Rasmusson stated all channel letters
mounted to the building will be halo lite.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve the applicants request to allow for the monument sign to remain 18-feet
wide, allow for 6500 kelvin illumination, and the installation of pole signs with
gooseneck LED lighting.
2. Adopt Resolution No. 24380 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND
ESTABLISHING A SIGN PROGRAM FOR THE MULTI-TENANT COMPLEX
LOCATED ON THE SOUTH SIDE OF EAST TAHQUITZ CANYON WAY
BETWEEN CALLE EL SEGUNDO AND CALLE ALVARADO," with the addition
of a Condition of Approval to review the foot candle illumination and the interior
illumination after three months of operation.
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City Council Minutes February 21, 2018
B. RECEIVE AND FILE AN IMPACT ANALYSIS REPORT AND PROVIDE
DIRECTION RELATING TO A CITIZENS' INITIATIVE FOR THE
PROHIBITION OF VACATION RENTAL OF SINGLE FAMILY RESIDENCES
IN THE CITY — UPDATE ON VACATION RENTAL ORDINANCE
ENFORCEMENT
Councilmember Holstege recused herself due to a personal household income interest
with respect to a vacation rental.
Vacation Rental Compliance Officers Severin and Stark narrated a PowerPoint
presentation related to compliance efforts and enforcement effectiveness; noted that cities
which have banned vacation rentals find that illegal vacation rentals continue to be listed
on websites. In response to Council inquiries, Vacation Rental Compliance Officer
Severin noted that Police involvement in vacation rental matters has reduced by 90%.
Economic Development Director Virata narrated a PowerPoint presentation summarizing
the economic development findings including visitor spending, industries impacted by
vacation rental and tourism, and impact to local revenues. In response to Council
inquiries, Director Virata stated the economic study assumed homeshares would not be
banned.
The City Council requested that staff provide additional information related to money
spent by permanent residents, potential impacts on property values and cost of housing,
and the overall effects on transient occupancy taxes.
In response to City Council inquiries, City Attorney Kotkin stated the ordinance contains
an internal inconsistency related to whether homeshares will continue if the ordinance is
approved by the voters, noting that the matter would likely result in litigation; noted that
the Agua Caliente Band of Cahuilla Indians is a sovereign nation and could potentially
allow for vacation rentals to continue on its leased land.
The City Council agreed to modify the ballot question to read as follows, "Shall the City
of Palm Springs prohibit vacation rentals in single family residences?"
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to not
adopt the proposed ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE TO PROHIBIT THE VACATION RENTAL OF SINGLE
FAMILY RESIDENCES IN THE CITY."
(City Council action continued on the next page)
City of Palm Springs Page 15
City Council Minutes February 21, 2018
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to:
1. Adopt Resolution No. 24381 on entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON JUNE 5, 2018, FOR THE SUBMISSION TO THE VOTERS A
QUESTION RELATING TO THE PROHIBITION OF VACATION RENTAL OF
SINGLE FAMILY RESIDENCES IN THE CITY."
2. Adopt Resolution No. 24382 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5 2018 WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE."
3. Adopt Resolution No. 24383 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING WRITTEN
ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO
PROHIBIT THE VACATION RENTAL OF SINGLE FAMILY RESIDENCES IN
THE CITY; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING THE MEASURE AND, DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS."
4. Designate all Councilmembers (with the exception of Councilmember Holstege) to
author a Direct Argument for the ballot measure and any Rebuttal Argument, if
needed.
5. Adopt Resolution No. 24384 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED
AT MUNICIPAL ELECTIONS."
6. Adopt Resolution No. 24385 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2017-18."
C. DISCUSSION OF THE BUZZ TROLLEY PROGRAM AND APPROVAL OF THE
REMAINING TERM OF THE THIRD OF FOUR ONE-YEAR EXTENSION
OPTIONS TO THE TROLLEY SERVICES OPERATOR AGREEMENT WITH
MV TRANSPORTATION INC., RENEWING THE PROGRAM FOR NINE
MONTHS EFFECTIVE MARCH 19, 2018, THROUGH DECEMBER 18, 2018
City Manager Ready introduced Josh Mor eg rman, Symblaze, who provided an overview
of BUZZ ridership, popularity with visitors and residents, benefits of the BUZZ, costs
and revenue generation, user surveys, and Symblaze marketing activities.
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City Council Minutes February 21, 2018
During the course of discussion, the City Council discussed the propriety of using
Measure J funds for the operation of the BUZZ; whether the rising popularity of
Transportation Network Companies (TNC) have caused ridership to decrease; whether
issuing vouchers for senior and disabled persons to attend doctors' appointments and
grocery shopping would be more beneficial than the BUZZ.
In response to City Council inquiry, Judy Smith, MV Transportation, advised that her
company would be committed to operating the BUZZ through June 30, 2018; explained
that the contract contains provisions related to the cost of the buses in the event that the
contract is terminated early.
Councilmember Holstege opined that the BUZZ adds to the branding of the downtown
area and that the City Council should move forward with a contract extension for nine
months and to direct Symblaze to implement the new revenue generating efforts.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER KORS, CARRIED 4-1 (COUNCILMEMBER HOLSTEGE
VOTING NO), to:
1. Receive update on the BUZZ Trolley Program as of the end of the third program year
ending on December 18, 2017.
2. Authorize staff to implement any recommended measures to streamline operations,
increase ridership, reduce operating costs and generate revenue.
3. Approve an extension to the Trolley Services Operator Agreement with MV
Transportation, Inc., to terminate on June 30, 2018.
4. Authorize the City Manager or his designee to execute all necessary documents.
D. FISCAL YEAR 2017-18 MID-YEAR BUDGET UPDATE:
Finance Director Kiehl provided the mid-year budget update including cash reserve
summary, revenues 6-month comparison, transient occupancy tax growth, sales tax, and
overall expenses.
By consensus, the City Council received and filed the fiscal year 2017-18 mid-year
Budget update.
City of Palm Springs Page 17
City Council Minutes February 21, 2018
PUBLIC COMMENT
Richard Samuels, voice concern related to the materials used for the pilot downtown furniture
and the size of the trash cans.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Councilmember Middleton requested that staff bring forward an amendment to the Signage
Ordinance to refer projects to the Planning Commission instead of the City Council
Councilmember Kors requested that the City Council Ad Hoc Subcommittee related to recycling
of construction debris meet and bring the proposed ordinance forward to the City Council.
Councilmember Holstege requested that the Cannabis Subcommittee consider amendments to the
ordinance to address racial inequity issues; requested that Presentation Items be listed on the
agenda in the future.
In response to City Council inquiry, Assistant City Manager Fuller advised that he anticipates
bringing the conversion of Indian Canyon from a one-way to a two-way street forward at a City
o r May
Council meeting in April Y 2018.
Based on the recommendation of City Attorney Kotkin, MOTION BY MAYOR PRO TEM
ROBERTS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-1
(COUNCILMEMBER HOLSTEGE RECUSED), to reconsider the resolution setting the election
and adding the following verbiage "the City reserves all legal rights and remedies arising from or
related to the proposed ordinance to be submitted to the voters attached hereto as Exhibit A."
ADJOURNMENT
At 11:25 p.m.,the City Council adjourned to the next regular meeting Wednesday, March 7, 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,
v
thony J. e 'a,
City Clerk
City of Palm Springs Page 18