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HomeMy WebLinkAbout4/4/2018 - STAFF REPORTS - 1N �t1lM t� ao o�'y o V M r •CotltotN'', Wednesday, February 7,2018 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 7, 2018, at 6:10 p.m., in the Council Chamber, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. PLEDGE OF ALLEGIANCE Palm Springs Air Force ROTC Junior Color Guard 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 None. 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. 113, 1 E, 1 G and 1 K for separate discussion and reordered to move Item No. 4B to be considered prior to the Consent Calendar(for ease of reference Item No. 4B appears in its normal order). REPORT OF CLOSED SESSION The Regular Closed Session of the City Council of February 7, 2018, was called to order by Mayor Moon at 4:00 p.m., with all members present. ffEM NO.�,,x N. City Council Minutes February 7, 2018 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 City of Palm Springs v. O &M HR, LLC, et al. Case Number PSC 1701804, Riverside Superior Court, Palm Springs Division 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. PSC1606147, Riverside Superior Court, Palm Springs Division Wessman Holdings, LLC v. City of Palm Springs Case No. PSC1606436, Riverside Superior Court, Palm Springs Division CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Number of Anticipated Cases: 6 CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Number of Anticipated Cases: 3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957(b)(1): Title: City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8: Property Address/Description: State Highway I I I Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: John Bulinski, Caltrans District 8 Director Under Negotiation: Price and Terms of Payment (Relinquishment) City of Palm Springs Page 2 City Council Minutes February 7, 2018 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: 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 Spring Power Baseball Club Under Negotiation: Price and Terms of Payment (Lease) 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, due to time restrictions, the Council did not consider certain Closed Session items. He reported that the City Council received briefings and provided direction to staff regarding the other agendized Closed Session Items, but did not take any reportable action. PUBLIC TESTIMONY John Bohan, expressed concern regarding litter in the area between Escena Palm Springs and the shopping center on Ramon Road; requested that the City Council post "no littering" signs, direct staff to routinely clean-up the area, and/or establish an"adopt the road"program. Jan-yd Davis, Uber Regulatory Affairs Partnership Manager of Southern California, speaking on Item No. 1G, voiced opposition to placing signage indicating that transportation network company drivers are not subject to drug and alcohol testing. Patricia Breslin, Greater Palms Springs Bar and Restaurant Organization, indicated support for Item No. 1H, the ordinance relating to pedicabs. Robert Findley, speaking on Item No. 3A, opined that an independent board should be established to investigate accusations pursuant to the City's Public Integrity Ordinance. City of Palm Springs Page 3 City Council Minutes February 7, 2018 The following individuals spoke in support of Item No. 4A relating to bicycle lanes: Victor Yepello David Friedman Paul Himichsen, Upper West Side Neighborhood Association, One PS Neighborhood John McCoy, Andreas Hills Neighborhood, spoke on Item No. 4A, expressed opposition to creating bike lanes on LaVerne, asserting that bike lanes will constrict access to the neighborhoods. Robert McCann, representing the Sustainability Commission, speaking on Item No. 4D, reported on the positive impacts of improving waste diversion and urged the City Council to move forward with enacting an ordinance related to construction and demolition debris. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS Councilmember Kors reported on the success of the Homeless Point in Time Count; reported on the meetings of the Economic Development Standing Committee and Government Reform Ethics and Transparency Subcommittee. Councilmember Middleton provided an update on the Coachella Valley Transportation Commission related to the CV Link; advised that the Riverside County Transportation Commission will provide a $27 million grant for a regional signal synchronization project and $3 million to SunLine Transit Agency for a new rapid bus route. Mayor Pro Tern Roberts provided an update regarding the restoration of the Cornelia White House, Plaza Theatre, and Town and Country Center. 1. CONSENT CALENDAR MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept the Consent Calendar, with the removal of Item Nos. IB, 1E, 1G, and I for separate discussion. A. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30,2017 MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of November 30, 2017. B. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes for a summary of that action. City of Palm Springs Page 4 City Council Minutes February 7, 2018 C. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS QUARTERLY AND ANNUAL REPORTS MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the fourth quarter report from the Coachella Valley Economic Partnership for the Palm Springs Innovation Hub for the period of October 1 to December 31, 2017, and the annual report for the period of November 1, 2016 to December 31, 2017. D. INCREASE IN PURCHASE ORDER NO. 18-0303 TO $25,742 AND RATIFICATION OF EMERGENCY ACTION BY CITY MANAGER TO PAY INVOICES IN THE AMOUNT OF $4,297.75 WITH TELOS IDENTIFICATION MANAGEMENT SOLUTIONS, INC. FOR CRIMINAL RECORDS HISTORY CHECKS, RAP BACK LIFETIME SUBSCRIPTION, AND ANNUAL RECORDS MAINTENANCE FEE MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve an increase in Purchase Order No. 18-0303 to $25,742 with Telos Identity Management Solutions, LLC, for criminal records history checks, RAP Back Lifetime Subscription, and annual records maintenance fee. 2. Ratify the emergency action taken by the City Manager to pay invoices in the amount of$4,297.75 with Telos Identity Management Solutions, LLC, for services rendered in November and December of 2017 under Purchase Order No. 18-0303. 3. Authorize the City Manager to execute all necessary documents. E. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. A6191 WITH CNS ENGINEERS, INC., IN THE AMOUNT OF $749863.95, FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. BR-NBIL (513), CP 10-10 This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes for a summary of that action. F. APPROVAL OF MINUTES MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-0 (COUNCILMEMBERS HOLSTEGE AND MIDDLETON ABSTAINING), to approve the City Council Meeting Minutes of July 26, 2017, and November 29, 2017. City of Palm Springs Page 5 City Council Minutes February 7, 2018 G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1950, AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO REGULATION, PERMITTING REQUIREMENTS, OPERATIONAL RULES, PASSENGER LOADING AND UNLOADING, AND PENALTIES FOR TRANSPORTATION NETWORK COMPANIES OPERATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes for a summary of that action. H. SECOND READING AND ADOPTION OF ORDINANCE NO. 1951, ADDING CHAPTER 5.41 TO THE PALM SPRINGS MUNICIPAL CODE REGARDING REGULATION OF PEDICABS ON CITY STREETS MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 1951 entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.41 TO THE PALM SPRINGS MUNICIPAL CODE REGARDING REGULATION OF PEDICABS ON CITY STREETS." I. SECOND READING AND ADOPTION OF ORDINANCE NO. 1952, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 2.55 RELATING TO THE OFFICE OF NEIGHBORHOOD INVOLVEMENT MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 1952 entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.55 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE OFFICE OF NEIGHBORHOOD INVOLVEMENT." J. APPROVAL OF TRACT MAP 36737 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA OLIVERA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24365 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36737 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA OLIVERA, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 199 WEST VIA OLIVERA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST." K. ENGAGEMENT OF LEGAL COUNSEL, SHEPPARD, MULLIN, RICHTER & HAMPTON LLP This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes for a summary of that action. City of Palm Springs Page 6 City Council Minutes February 7, 2018 EXCLUDED FROM THE CONSENT CALENDAR B. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS In response to City Council inquiry, City Attorney Kotkin advised that the Municipal Code allows for the Administrative Appeals Board to render a decision by a majority of the quorum present at the meeting. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to receive and file the Administrative Appeals Board decisions from the January 4, 2018, hearings. E. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. A6191 WITH CNS ENGINEERS, INC., IN THE AMOUNT OF $74,863.959 FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER,FEDERAL-AID PROJECT NO.BR-NBIL (513), CP 10-10 In response to City Council inquiry, Assistant City Manager Fuller advised that adequate funding is available in the Highway Bridge Fund for the subject project. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve Amendment No. 3 to Professional Services Agreement No. A6191 with CNS Engineers, Inc., to incorporate additional preliminary engineering design services in the amount of$74,863.95 for an increased total contract in the amount of $1,513,347.90 for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River, Federal-Aid Project BR-NBIL (513), CP 10-10. 2. Authorize the City Manager to execute all necessary documents. G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1950, AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO REGULATION, PERMITTING REQUIREMENTS, OPERATIONAL RULES, PASSENGER LOADING AND UNLOADING, AND PENALTIES FOR TRANSPORTATION NETWORK COMPANIES OPERATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Ordinance No. 1950 entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 16.37.005, 16.37.010, 16.37.015, 16.37.025 AND 16.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATION, PERMITTING REQUIREMENTS, OPERATIONAL RULES, PASSENGER LOADING AND UNLOADING, AND PENALTIES FOR TRANSPORTATION NETWORK COMPANIES OPERATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT," with direction that the pick-up location signage read as follows: a. "Notice unlike taxis and limo drivers,ridesharing drivers are not subject to drug and alcohol testing." City of Palm Springs Page 7 City Council Minutes February 7, 2018 K. ENGAGEMENT OF LEGAL COUNSEL, SHEPPARD, MULLIN, RICHTER & HAMPTON LLP In response to City Council inquiry, City Attorney Kotkin stated that an addendum to the contract has been submitted for City Council consideration and requested authority to make minor modifications to the contract, as necessary. MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Professional Services Agreement with Sheppard, Mullin, Richter & Hampton LLP, a California limited liability partnership, in a form substantially similar to that published with the staff report, subject to minor modification, within the reasonable discretion of the City Attorney,A7104. 2. Authorize the City Manager to execute all necessary documents. 2. PUBLIC HEARINGS A. AVALON 1150, LLC, REQUESTING A STREET NAME CHANGE FROM AVALON WAY TO MIRALON WAY AT THE MIRALON DEVELOPMENT LOCATED AT 801 EAST SUNRISE PARKWAY, ZONE PDD 290, SECTION 35 (CASE 5.0982 - TTM 31848—SNC) Planning Services Director Fagg presented the staff report. Mayor Moon opened the Public Hearing. Bradley Shuckhart, representing the Applicant, requested that the City Council approve the renaming of Avalon Way to Miralon Way. There being no others desiring to speak to this issue, the Public Hearing was closed. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Resolution No. 24366 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST OF A STREET NAME CHANGE FROM AVALON WAY TO MIRALON WAY WITHIN THE MIRALON DEVELOPMENT LOCATED AT 801 EAST SUNRISE PARKWAY." City of Palm Springs Page 8 City Council Minutes February 7, 2018 B. SIX-MONTH REVIEW OF THE CONDITIONAL USE PERMIT ISSUED FOR WELL IN THE DESERT, LOCATED AT 441 SOUTH CALLE ENCILIA, LSC ZONE (CASE 5.1419 CUP) Planning Services Director Fagg presented the staff report; reviewed the protocols for ensuring that the center does not exceed capacity and monitors security. In response to City Council inquiry, Police Chief Reyes reported on calls for service related to vagrancy and homeless persons at Well in the Desert; opined that the Well in the Desert provides benefits to the community and expressed gratitude to its employees; advised that it would be beneficial if the Well in the Desert extended its operating hours; noted that the Well in the Desert cooperates with the Police Department, when needed. Mayor Moon opened the Public Hearing. Arlene Rosenthal], Applicant, spoke on the successes of the Well in the Desert and expressed gratitude to its staff; spoke on the desirability of extending service hours if adequate funding and staffing is secured; noted that the Well in the Desert will soon offer office space to County service providers. The following individuals spoke in support of the Well in the Desert: Ellen O'Rourke, Courageous Resistance Ronni Sanlo, CEO Desert Hot Springs Community Task Force Judy Shee Kelly Watson Nikki Reisman Linda Levinson Allen Worthy Stu Bereer Lewis Steward Tim Siple Lynne O'Neill, Courageous Resistance Michael Howard Tom Kohn Pierre Musson Kelly Musson Donald Morgan Janaki Morgan Barbara Musson Jessica Spry Ruth Delora Joy Silver Andrew Green David Justin L c City of Palm Springs Page 9 City Council Minutes February 7, 2018 The following individuals expressed concerns related to public safety, hours of operation, and trespassing onto neighboring properties by the patrons of the Well in the Desert: Jon Neskek Patricia Coppa James Gavin Shawn Meyers John Barr Joseph Ramini George Macherdo There being no others desiring to speak to this issue, the Public Hearing was closed. MEETING RECESSED AND RECONVENED The City Council recessed at 8:29 p.m. and reconvened at 8:40 p.m., with all members present. Councilmember Holstege noted that she previously resigned from her position as a Board Member for Well in the Desert and possesses no conflict of interest related to the subject matter. During the course of discussion, the City Council expressed support for the Well in the Desert and requested that it consider extending its service hours, conduct a patron education program addressing trespassing and loitering, improving landscape, and fully complying with the security requirements. MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to review the Conditional Use Permit for Well in the Desert in 18 months. 3. LEGISLATIVE A. PROPOSED ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER 2.60 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY City Attorney Kotkin presented the staff report. Mayor Pro Tem Roberts expressed concern that the proposed ordinance creates regulations which overly restrict the Members of City Council in carrying out their duties. In response to City Council inquiries, City Attorney Kotkin advised that the proposed ordinance could be modified to create an exemption to the special fiduciary interests with respect to positions held at the direction of the City itself, such as service on the Coachella Valley Association of Governments; explained that the procedure for determining whether an official holds a special fiduciary interest is intended to be a brighter line than state law; explained that an outside investigator would likely be retained to investigate allegations of perjury by an elected official pursuant to the proposed ordinance; noted that staff will develop simplified instructions to assist officials in fulfilling the obligations established by the ordinance. City of Palm Springs Page 10 City Council Minutes February 7, 2018 Mayor Moon expressed concerns related to the ordinance's enforceability, complexity, and possible chilling effect on citizens seeking appointment to Boards and Commissions or seeking election to the City Council; noted that the Political Reform Act has adequately and effectively addressed conflicts of interest since 1974. Mayor Pro Tern Roberts advised that he will not support the ordinance because it is overly cumbersome, limits his participation in the community, creates legal "land mines," and limits his ability to complete his job as a Council Member. MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 3-2 (MAYOR PRO TEM ROBERTS AND MAYOR MOON VOTING NO), 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 direction to the City Attorney to work with the City Council Subcommittee to simplify the ordinance verbiage related to definitions and intent. 4. NEW BUSINESS A. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE CLASS II AND CLASS III BICYCLE LANES, FEDERAL-AID PROJECT NO. CML-5282 (044), CP 14-14 Assistant City Manager Fuller presented the staff report and responded to City Council inquiries. Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Confirm the roadway reclassifications (road diets) from 4-lane roadways to 2-lane divided roadways with Class II bicycle lanes identified as "Minor Mobility Corridors" approved by City Council on July 6, 2016, for the following streets: Camino Real (E. Palm Canyon Dr. to La Verne Way), Crossley Road (Ramon Road to 34th Avenue), La Verne Way (S. Palm Canyon Dr. to Twin Palms Dr.), and San Rafael Dr. (N. Palm Canyon Dr. to Sunrise Way), with the following direction: a. Direct staff to proceed with bidding for La Verne Way and to continue to communicate with the neighborhoods regarding their preference related to the La Verne Way portion of the project. 2. Approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the Class 11 and Class III Bicycle Lanes Project, CP 14-14. City of Palm Springs Page 11 City Council Minutes February 7. 2018 B. DOWNTOWN PALM SPRINGS SPECIFIC PLAN — PARKING MANAGEMENT PROGRAM Assistant City Manager Fuller presented the staff report and responded to City Council inquiries. In response to City Council inquiry, City Manager Ready stated that any advertising revenue would benefit the City's General Fund; advised that the City will enhance its wayfinding signage to increase awareness of parking structures; explained that vehicles will not be ticketed or towed for parking overnight, noting that vehicles parked for multiples days would be subject to ticketing and/or towing; spoke on the parking needs for the Art Museum and the possibility of installing a crosswalk. Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Adopt Resolution No. 24367 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A PARKING MANAGEMENT PROGRAM FOR THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, INCLUDING A MAXIMUM 4-HOUR PARKING TIME LIMIT FOR PUBLIC PARKING SPACES, DESIGNATING CERTAIN AREAS AS EMPLOYEE PARKING SPACES WITH A MAXIMUM 12-HOUR PARKING TIME LIMIT, AND AUTHORIZING CLOSURE OF THE PARKING FACILITIES FROM 3:00 AM TO 6:00 AM." 2. Approve the First Amendment to Contract Services Agreement No. A6497 with Ace Parking Management, Inc., in the amount of $68,654 annually for a total contract amount of$205,732 annually, and extending the term thereof by two years through March 18, 2023. 3. Approve the Street Level Parking and Parking Garage Way-finding Master Sign Plan for "Downtown Palm Springs," dated October 5, 2017, prepared by Best Signs, Inc., with the following direction: a. Any vender may lease the underground advertising signage, subject to established regulations. 4. Authorize the City Manager to designate on-street parking spaces for time-limited parking (3 hour or 20 minute loading). 5. Authorize the City Manager to re-designate all 2-hour time-limit on-street parking spaces within the City to a 3-hour time limit. 6. Authorize the City Manager or designee to take all steps necessary to execute these actions. 7. Direct staff to return with a status report in six months. City of Palm Springs Page 12 City Council Minutes February 7, 2018 C. AWARD OF A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,172,319.95, AND APPROVAL OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $60,000 TO INTERWEST CONSULTING GROUP FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES FOR THE 2017 ANNUAL SLURRY SEAL PROJECT, CP 17-02 City Manager Ready presented the staff report. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0,to: 1. Award a construction contract to All American Asphalt, a California corporation, in the amount of $1,172,319.95 for the 2017 Annual Slurry Seal Project, City Project No. 17-02, A7105. 2. Delegate authority to the City Manager to approve and execute construction contract change orders up to $117,232 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 $60,000 for construction management, inspection and materials testing services for the 2017 Annual Slurry Seal Project, CP 17-02. 4. Authorize the City Manager to execute all necessary documents. D. CONSIDERATION OF AN ORDINANCE RELATED TO THE RECYCLING AND DIVERSION OF DEBRIS GENERATED FROM CONSTRUCTION AND DEMOLITION PROJECTS Assistant City Manager Fuller presented the staff report. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM ROBERTS, CARRIED 5-0, to establish a City Council Ad-Hoc Subcommittee of Councilmember Middleton and Mayor Pro Tern Roberts, to develop the final draft Construction and Demolition Ordinance, for a limited term, to expire on December 31, 2018. City of Palm Springs Page 13 City Council Minutes February 7, 2018 5. UNFINISHED BUSINESS A. VILLAGEFEST RULES AND REGULATIONS City Manager Ready presented the staff report. Jasmine Waits, VillageFest, explained that the required space for religious and non-profit organizations was deleted because it has historically been underutilized or vacant. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, adopt Resolution No. 24367 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE REVISED VILLAGEFEST RULES AND REGULATIONS TO BE EFFECTIVE FEBRUARY 8, 2018. B. REVIEW AND APPOINT LIAISONS TO CITY BOARDS AND COMMISSIONS City Clerk Mejia presented the staff report. The Council discussed the request for a liaison to each board or commission and determined the following appointments: Board or Commission Council Liaison Administrative Appeals Board None Airport Commission J.R. Roberts Board of Appeals None Board of Library Trustees Lisa Middleton Historic Site Preservation Board Robert Moon Small Hotel BID Advisory Board Geoff Kors Human Rights Commission Christy Holste e Measure "J" Oversight Commission Christy Holste e Parks and Recreation Commission Christy Holste e Personnel Board None Planning Commission Lisa Middleton Public Arts Commission Robert Moon Rent Review Commission None Sustainability Commission Geoff Kors Villa eFest Board None PUBLIC COMMENT Michael Ralke and Alfie Pettit, asserted that the Hard Rock Hotel terminated their drag show based on discrimination. City of Palm Springs Page 14 City Council Minutes February 7, 2018 CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT Councilmember Kors requested that consideration of prohibiting leaf blowers and other loud equipment on Sundays be agendized for a future City Council meeting; requested that a discussion be agendized regarding the voting requirements for the Administrative Appeals Board. At the request of Councilmember Kors, Mayor Moon established a City Council Ad Hoc Subcommittee consisting of Councilmembers Kors and Middleton related to homelessness service providers and funding. In response to City Council inquiry, City Manager Ready advised that he will bring forward the upcoming agenda items list at future City Council meetings. Mayor Pro Tern Roberts provided an update regarding the Council Chamber remodel,noting that the City Council will need to determine whether construction should occur prior to the August recess. Councilmember Holstege requested that staff explore the possibility of establishing a donation in lieu of panhandling program. At the request of Councilmember Holstege, Mayor Moon established a City Council Ad Hoc Subcommittee consisting of Councilmembers Holstege and Kors regarding employment practices. During the course of discussion, it was agreed by Councilmembers Holstege and Kors that the existing Standing and Ad Hoc Committees related to homelessness should also discuss the opioid epidemic. Mayor Moon requested that staff explore the feasibility of a phased project to install a separate irrigation system for park trees. ADJOURNMENT At 11:50 p.m., the City Council adjourned to the next regular meeting Wednesday, February 21, 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 City of Palm Springs Page 15 Y N •C@�IFOIM�'• 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, Soll 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 IT 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 s Police Management Association P g 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 Jeremy Ogul, 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. 513, 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 Tern 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. 1 D, 1 M, 10, and 1 T 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 1,2,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 Dewbre and pp p Y g Y for 1611 South Calle Palo Fierro Units 1 Desert Star Homeowners Association, o , 2, and 6A, a Class I 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 RIV, 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. 1. 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." (City Council action continued on next page) 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 30, 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 proposed project; 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. City of Palm Springs Page 14 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. City of Palm Springs Page 16 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 Council meeting in April or May 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, Anthony J. Mejia, MMC City Clerk City of Palm Springs Page 18