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Wednesday, December 6,2017
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, December 6, 2017, at 4:00 p.m., in the Council Chamber, City Hall, located at
3200 East Tahquitz Canyon Way, Palm Springs, California.
ROLL CALL
Present: Councilmembers Geoff Kors,Chris Mills,and J.R.Roberts; Mayor Pro Tern Ginny
Foat; and Mayor Robert Moon.
Absent: None.
City Staff
Present: David H. Ready, City Manager;Marcus Fuller, Assistant City Manager; Edward Z.
Kotkin,City Attorney;Anthony J. Mejia,City Clerk;and Kathleen D. Hart,Interim
City Clerk were present at Roll Call. Other staff members presented reports or
responded to questions as indicated in the minutes.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER MILLS,
CARRIED 5-0, to accept the agenda as published.
REPORT OF CLOSED SESSION
Mayor Moon noted that the Closed Session of December 6, 2017, was cancelled and therefore,
there were no reportable actions on the following agendized Closed Session items:
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 1
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 1
PUBLIC TESTIMONY
Susan Brantley, voiced support for allowing on-site consumption of marijuana at businesses and
restaurants which do not sell marijuana; asserted that complex regulations will negatively impact
tourists' ability to consume marijuana.
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City Council Minutes December 6, 2017
Lanny Swerdlow, suggested that the City Council modify Ordinance No. 1943 to allow for
licensed marijuana dispensaries to operate an area for on-site consumption of marijuana products,
allow for on-site consumption permits at restaurants which do not sell alcohol or marijuana, and
patrons be allowed to leave with unused or unopened marijuana products.
Michael Fine, questioned when the City anticipates to issue new permits for adult-use marijuana
dispensaries, noting that he was first to submit and complete his application.
Joy Brown Meredith, voiced support for Ordinance No. 1941 related to signs, noting that the new
ordinance is the culmination of compromise and hard work; stated that she trusts the City Council
will make the right decision as it relates to Ordinance No. 1943.
Rick Pantelle, suggested that the City Council should remove any zoning restrictions which limit
the number of Cannabis Lounges in a particular area; spoke on the importance of achieving a
balance between business owners, patients, recreational users, and tourists.
4. UNFINISHED BUSINESS
A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1941 AMENDING
AND RESTATING THE CITY'S SIGN ORDINANCE AND REPEALING THE
CITY'S "SIT AND LIE" ORDINANCE
City Attorney Kotkin presented the staff report and responded to City Council inquiries;
read proposed amendments to the Ordinance related to the definition of"Frontage" and
verbiage modifications to 93.20.05(C)(1) and 93.20.06(D)(1) to state that signs shall
comply with the Administrative Design Guidelines adopted by the Director of Planning
Services and the City shall maintain the guidelines as a public record.
During the ensuing discussion, the City Council discussed whether it is necessary to
require that portable signs be professionally printed, noting that restaurants and retailers
may desire to use chalk board signs to display menu changes and sales; whether
temporary signs for date specific events should be allowed in the public right-of-way
under certain conditions; whether to allow for a one-year grace period for previously
approved portable signs.
MOTION BY COUNCILMEMBER MILLS, SECOND BY COUNCILMEMBER
KORS, CARRIED 3-2 (COUNCILMEMBERS MILLS AND ROBERTS VOTING
NO), to:
1. Adopt Ordinance No. 1941 entitled "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING THE CITY'S SIGN
ORDINANCE, SECTIONS 93.20.01 THROUGH 93.20.12, RELATED SECTIONS
12.28.050, 14.16.010, AND 91.00.10, AND REPEALING THE CITY'S `SIT AND
LIE' ORDINANCE, SECTION 12.12.055,PALM SPRINGS MUNICIPAL CODE,"
with the following modifications:
(Council action continued on next page)
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City Council Minutes December 6, 2017
a. Section 93.20.03, Definitions, shall read as follows: 6"Frontage' means the
boundary-facing portion of a parcel of property that abuts a public street,
highway, or approved private street. In the case of any parcel that does not have
`frontage' in accordance with this definition, the portion of the parcel in
question facing a parking lot, plaza or pedestrian mall, shall be deemed
`frontage."'
b. Section 93.20.05(C)(1) and 93.20.06(D)(1), Design Standards, shall read as
follows: "Guidelines: The sign shall comply with administrative design
guidelines adopted by the Director of Planning Services. The City shall
maintain the guidelines as a public record. Attachments: No lighting, balloons,
or other attachments are allowed."
C. A new Section shall be added which states that any portable sign that is the
subject of a valid permit issued by the City shall remain permitted for a one-year
period.
Councilmember Mills noted for the record that he opposes allowing signs in the public
right-of-way and voted to oppose the ordinance.
Councilmember Roberts noted for the record that he opposes codifying provisions which
prohibit activities that routinely occur and will continue to occur despite enactment of
the subject Ordinance.
B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1943 AMENDING
THE PALM SPRINGS ZONING CODE RELATIVE TO ZONING
REQUIREMENTS AND DEVELOPMENT STANDARDS FOR COMMERCIAL
MEDICAL AND ADULT-USE CANNABIS FACILITIES
City Attorney Kotkin presented the staff report, noting that a redline ordinance has been
provided on the dais, and responded to City Council inquiries.
In response to City Council inquiry, Planning Services Director Fagg advised that staff
will make applicants aware of the process associated with the discretionary permits if the
City Council desires to modify the Separation Distances and Concentration of Use
provision to allow for discretionary consideration.
In response to City Council inquiry, City Attorney Kotkin advised that the City Council
may include exceptions to the Separation Distances and Concentration of Use provision
for facilities that are under a single ownership and operating with a single street address,
those with a pending application as of the enactment of the subject Ordinance, and for
businesses located in specific zoning areas.
The City Council discussed whether cannabis use facilities should be subject to
architectural review by the Architectural Advisory Committee and City Council;whether
Cannabis Lounge Facility patrons should be allowed to leave with unopened or unused
cannabis.
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City Council Minutes December 6. 2017
Following discussion, MOTION BY MAYOR PRO TEM FOAT, SECOND BY
COUNCILMEMBER KORS, CARRIED 4-1 (COUNCILMEMBER MILLS VOTING
NO), to adopt Ordinance No. 1943 entitled "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS 91, 92, AND 93 OF THE
PALM SPRINGS ZONING CODE RELATIVE TO ZONING REQUIREMENTS AND
DEVELOPMENT STANDARDS FOR COMMERCIAL MEDICAL AND ADULT-
USE CANNABIS FACILITIES," based on the subcommittee's redline ordinance, with
the following modifications:
a. Section 93.23.15(c) shall read in its entirety as follows: "Separation Distances and
Concentrations of Use. No Medical Cannabis Facilities or Adult Use Cannabis
Facilities shall be established, developed or operated except in accordance with the
following principles. All distances shall be measured in a straight line,without regard
to intervening structures, from the nearest property line of the property on which the
Cannabis Facility is, or will be located, and to the nearest property line of those uses
described in this Subsection. These principles are not absolute; the City Council will
exercise discretion in their application to individual cases, via modifications
considered and granted by the Council, on a case-by-case basis, pursuant to Section
94.06.01.13.
1. Cannabis Facilities shall be separated by a minimum five hundred foot (500')
distance, unless modified by the City Council as described above.
2. To prevent an over-intensive presence of cannabis uses in a particular area,
there shall not be three (3) or more Cannabis Facilities within any measured
distance of three thousand feet(3,000'),unless modified by the City Council as
described above.
J. Notwithstanding any other verbiage in this Subsection 93.23.15(c), unless
modified by the City Council as described above, there shall be no mandatory
separation distance between:
a. Medical Cannabis Facilities or Adult Use Cannabis Facilities in any of the
following zones:
i. C-M, commercial manufacturing;
ii. M-1-P, planned research and development park zone;
iii. M-1 service/manufacturing zone;
iv. M-2 [manufacturing zone], E/I [energy industrial zone].
b. Medical Cannabis Facilities or Adult Use Cannabis Facilities that are
operated by a Permittee under Chapter 5.35, 5.45 or 5.55, or are the subject
of a pending entitlement application filed by a Permittee and subject to
review by the City as of January 5, 2018.
c. Medical Cannabis Facilities or Adult Use Cannabis Facilities that are under
a single ownership and operating with a single street address.
(Council action continued on next page)
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City Council Minutes December 6, 2017
4. Notwithstanding any other verbiage in this Subsection 93.23.15(c), unless
modified by the City Council as described above, a minimum six hundred foot
(600') separation distance shall be required between any Medical Cannabis
Facility or Adult Use Cannabis Facility and any
a. School,
b. public playground,
c. public park,
d. day care/child care center, or
e. youth center."
b. Section 93.25.15(F)(3) shall read as follows: "Architectural Review. All Cannabis
Lounge Facilities, Medical Cannabis Dispensaries, and Adult Use Cannabis
Dispensaries shall be subject to architectural review by the City Council upon a
recommendation by the Architectural Advisory Committee. The Architectural
Advisory Committee and City Council shall apply the criteria reflected in Section
94.04.00(D)."
c. Section 93.25.15(F)(5)(c) shall be modified to allow for Cannabis Lounge Facility
patrons to leave with unopened or unused cannabis and cannabis products provided
that the Operator has transferred the product into a container that complies with state
law.
MEETING RECESSED
The City Council recessed at 5:33 p.m. and reconvened at 6:05 p.m.,with all members present.
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, December 6, 2017, at 6:05 p.m., in the Council Chamber, City Hall, located at
3200 East Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE
Members of the Boy Scouts Troop 262 led the Pledge of Allegiance.
PRESENTATIONS
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Mayor Moon resented a Proclamation to Kathleen D. Hart, Interim City Clerk, recognizing her
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PUBLIC TESTIMONY
Robert Van Roo, speaking on behalf of the Medical Cannabis Collectives Cooperative, presented
Mayor Pro Tem Foat with a token of appreciation for her continuing support of the cannabis
collectives and support of Proposition 215.
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City Council Minutes December 6, 2017
Daryl Terrell, congratulated Councilmembers-Elect Holstege and Middleton on their election;
expressed appreciation to Mayor Pro Tern Foat for her welcoming nature and Councilmember
Mills for his statesmanship;
Steve Rosenberg, expressed appreciation to Mayor Pro Tern Foat and Councilmember Mills for
their service to the community; spoke on the importance of looking towards the future as the City
Council transitions with the election of Christy Holstege and Lisa Middleton.
Eric Chiel speaking on behalf of ONE-PS, expressed gratitude to Mayor Pro Tern Foat and
Councilmember Mills for their efforts to establish ONE-PS.
Bill Ruttan, speaking on behalf of the Palm Springs Animal Shelter Board of Directors, thanked
Mayor Pro Tern Foat for her efforts to establish the new animal shelter, noting that she has served
many years as the City's liaison to the Board of Directors.
Rick Pantelle, voiced gratitude to Councilmember Mills and Mayor Pro Tern Foat for their service
on the City Council.
Dawn Mills, wife of Chris Mills, spoke on the integrity and wisdom that Councilmember Mills
brought to the City Council and expressed her gratitude to the Members of City Council, staff, and
community for their support.
SPECIAL CITY COUNCIL ITEMS
A. APPROVAL OF MINUTES
At the request of staff,the City Council removed from the agenda the Minutes of the City Council
Meetings of July 26, 2017, and the Adjourned Regular Meeting of November 29, 2017.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER ROBERTS,
CARRIED 5-0, to approve the Minutes of the City Council Meetings of July 6, 2017,
July 20, 2017, September 6, 2017, September 26, 2017, October 4, 2017, October 18, 2017,
November 1,2017,November 15, 2017, and the Special Closed Session of November 29, 2017.
B. PROPOSED RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 7,20179
REGULAR MUNICIPAL ELECTION
Interim City Clerk Hart presented the staff report.
MOTION BY COUNCILMEMBER MILLS, SECOND BY COUNCILMEMBER ROBERTS,
CARRIED 5-0, to adopt Resolution No. 24334 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF
THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2017, DECLARING
THE RESULTS AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW."
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City Council Minutes December 6, 2017
C. OUTGOING COUNCILMEMBER COMMENTS
City Manager Ready displayed videos depicting Measure J and its associated projects as well
as commemorating the legacies of outgoing Councilmembers Ginny Foat and Chris Mills.
Mayor Pro Tem Foat and Councilmember Mills provided their comments as outgoing
Councilmembers.
D. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED PUBLIC OFFICIALS
City Clerk Mejia administered the Oath of Office to Councilmember-Elect Lisa Middleton and
Councilmember Christy Gilbert Holstege.
Councilmember Middleton and Councilmember Holstege were seated at the dais.
MEETING RECESSED AND RECONVENED
The City Council recessed at 7:05 p.m. and reconvened at 8:15 p.m.
ROLL CALL
Present: Councilmembers Christy Holstege, Geoff Kors, Lisa Middleton, and J.R. Roberts;
and Mayor Robert Moon.
Absent: None.
E. INCOMING COUNCILMEMBER COMMENTS
Councilmember Middleton and Councilmember Holstege provided their comments as newly
elected Members of the City Council.
F. APPOINTMENT OF THE MAYOR PRO TEM
Councilmember Kors nominated Councilmember Roberts to serve as Mayor Pro Tem.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MOON, CARRIED 5-0, to
appoint Councilmember Roberts as Mayor Pro Tem for the term ending December 2018.
G. DISCUSS, REVIEW, APPOINT AND/OR REAPPOINT CITY COUNCIL
SUBCOMMITTEES AND OTHER APPOINTMENTS
City Manager Ready presented the staff report.
In response to City Council inquiry, City Attorney Kotkin requested that individual
Councilmembers forward their list of priority appointments to his attention and he will assist
the Ad Hoc Subcommittee on City Council Rules and Procedures in developing a draft list of
appointments for presentation at the City Council Meeting on December 13, 2017,
The City Council agreed that the alternate should attend any external organization meetings
which may occur through December 13, 2017.
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City Council Minutes December 6, 2017
PUBLIC COMMENT
Victor Galich,advised that he owns a vacant parcel and that no one has permission to trespass onto
his property.
Thomas Allen Worthy, asserted that letters sent by the City contain misinformation and threatened
to sue the City for liable.
Steve Rosenberg, encouraged Members of the City Council to seek input and advice from the
former Councilmembers and the community.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA .
DEVELOPMENT
Mayor Moon and Mayor Pro Tem Roberts spoke on the need to conduct interviews and make
appointments to the Planning Commission, Parks and Recreation Commission, and Sustainability
Commission.
Mayor Pro Tem Roberts requested that the Sustainability Commission consider a ban on
polystyrene food service products and to forward a recommendation to the City Council.
Councilmember Kors requested an agenda item to discuss the Sustainability Commission's
construction and demolition debris recycling ordinance as well as the policy on solar photovoltaic
systems for new residential developments.
Councilmember Holstege requested an agenda item to discuss Uber/Lyft at the Airport.
City Manager Ready advised that the sponsorships and grants for community organizations,
renewal of the Palm Springs International Film Festival agreement, and appointments to City
Council subcommittees and external organizations will be on the agenda for December 13, 2017.
In response to City Council inquiry, City Manager Ready advised that staff will meet with Mayor
Pro Tem Roberts regarding the remodel of the Council Chamber dais.
ADJOURNMENT
At 8:10 p.m., the City Council adjourned in memory of Michele Mician, former City of Palm
Springs Sustainability Manager, to an Adjourned Regular Meeting of the City Council to be held
on December 13, 2017 at 6:00 p.m. in the Council Chamber, City Hall, located at 3200 East
Tahquitz Canyon Way, Palm Springs, California.
Respectfully submitted,
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City Clerk
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Wednesday, December 13,2017
Minutes of the Adjourned Regular Meeting of the City Council
CALL TO ORDER
An Adjourned Regular Meeting of the Palm Springs City Council was called to order by Mayor
Moon on Wednesday, December 13, 2017, at 6:00 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; Marcus Fuller, Assistant City Manager; Edward Z.
Kotkin, City Attorney; and Anthony J. Mejia,City Clerk, were present at Roll Call.
Other staff members presented reports or responded to questions as indicated in the
minutes.
PRESENTATIONS
None.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM ROBERTS,
CARRIED 5-0, to accept the agenda as published, with the removal of Item No. 1D from the
Consent Calendar for separate discussion.
REPORT OF CLOSED SESSION
The Special Closed Session of the City Council of December 13, 2017, 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 Special
Closed Session Meeting Agenda:
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City Council Minutes December 13, 2017
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
Smith and Haberman v. Andrew Adler and Alta Verde Sereno, LLC, et al.
Case No. PSC 1606441, Riverside Superior Court, Palm Springs Division
Wessman Holdings, LLC v. City of Palm Springs
Case No. PSC1606436, Riverside Superior Court, Palm Springs Division
Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
Paul Thompson III v. City of Palm Springs
Riverside County Superior Court, Case No. PSC 1703439
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 4
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 5
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code
Section 54956.8
Property Address/Description: 111 N. Palm Canyon Dr., APN 513-560-076
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Michael Braun, DTPS C-12, LLC
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 Springs Power Baseball Club
Under Negotiation: Price and Terms of Payment(Lease)
Property Address/Description: 210 El Cielo Road (Hangar Space at Airport)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Ami Dar,Executive Director of Greater Los Angeles USO
Under Negotiation: Price and Terms of Payment (Lease)
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.
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City Council Minutes December 13, 2017
PUBLIC TESTIMONY
Sherry Finke,representing the Coachella Valley Rescue Mission(CVRM), speaking on Item No. 513,
summarized the services provided by CVRM to the chronically homeless arriving from Palm Springs.
Anita Petke,representing the Sunline Transit Agency, speaking on Item 513,advised that the Agency
is seeking funding from member cities to help provide college students with free bus passes.
Molly Thorne, representing Palm Springs Marathon Runners, speaking on Item No. 513,noted that
the organization is seeking in-kind support from the City for their event;noted that the organization
helps support other local nonprofit organizations.
Miguel Navarro, speaking on behalf of the LGBT Community Center of the Desert, speaking on
Item No. 513,urged the City Council to support their funding request,noting that the funding helps
support the outpatient mental health clinic at the Community Center.
Shelley Somerville, Director of Operations at the Neuro Vitality Center, speaking on Item No. 5B,
summarized the services provided by the Center; requested that the City Council support their
fundraising events.
Eric Chiel, speaking on behalf Dezart Performs, speaking on Item No. 513, reported on the history
of Dezart Performs, noting that it is celebrating its 10`h Anniversary; advised that the funding will
help underwrite fundraising events and to help preserve operating funds for production activities.
Chris Mobley, Chief Executive Officer of Modernism Week, speaking on Item No. 513, thanked
the City Council for its continuing support of Modernism Week.
Nona Watson and Steven Henke,representing the Palm Springs Chamber of Commerce, speaking
on Item No. 513, advised that the grant funding would support a"co-working space" which would
allow entrepreneurs and business persons to utilize the Chamber's resources.
Thomas Samulski Executive Director of Desert Blind and Handicapped Association, speaking on
Item No. 513, summarized the services provided by the Association.
Mark Marshall, Executive Director of the Mizell Senior Center, speaking on Item No. 513,
summarized the services provided by the Senior Center.
Lauri Kibby, Board Member of the Mizell Senior Center, speaking on Item No. 5B, noted that the
Senior Center provides vital services to the community and the Center needs the financial support
from the City.
Jody Diaz, Vice President of the Palm Springs Black History Committee, speaking on Item No,
513,thanked the City Council for its continuing support of the Black History Month and the parade.
Zjourvre Crawford, speaking on Item No. 513, urged the City Council to support the funding
request to help support Black History Month events and parade.
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City Council Minutes December 13, 2017
Lilvanna Scialdone, speaking on Item No. 513, requested that the City Council support the funding
request for Black History Month, noting that it helps celebrate diversity and history.
Michael Stearns, speaking on behalf of the Tour de Palm Springs,thanked the City Council for its
continued support of the Tour, noting that it has grown over the years; stated that the Tour hopes
to reach 10,000 riders next year.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Councilmember Kors reported on the success of the kick-off event for Team Palm Springs for the
Gay Games in Paris 2018; advised that the various business and tourism associations are
collaborating to conduct hospitality training;reported on the success of PS Resorts and the various
events that it sponsors throughout the year; encouraged residents to volunteer for the point-in-time
homeless count scheduled for January 23, 2018.
Mayor Pro Tern Roberts advised that the Council Subcommittee on Vacation Rentals and staff
anticipate returning to City Council with proposed amendments in approximately two months;
reported that staff is evaluating potential users and the engineering requirements for the La Plaza
Theatre; advised that the City is re-evaluating the engineering requirements to restore the Cornelia
White House.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the Consent Calendar Item Nos. IA-1V; with Item Nos. 1D pulled for
separate discussion.
A. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31,2017
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of
October 31, 2017.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF NOVEMBER,2017
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 November 1 through November 30, 2017.
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C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24335 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095436 THROUGH
1095520 IN THE AGGREGATE AMOUNT OF $2,350,470.16 DRAWN ON BANK
OF AMERICA."
2. Adopt Resolution No. 24336 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 11-04-2017 BY WARRANTS
NUMBERED 420123 THROUGH 420134 TOTALING $20,204.07 LIABILITY
CHECKS NUMBERED 1095521 THROUGH 1095540 TOTALING $79,113.04,
FIVE WIRE TRANSFERS FOR $63,829.52, AND THREE ELECTRONIC ACH
DEBITS OF $1,430,231.63 IN THE AGGREGATE AMOUNT OF $1,593,378.26,
DRAWN ON BANK OF AMERICA."
3. Adopt Resolution No. 24337 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095541 THROUGH
1095689 IN THE AGGREGATE AMOUNT OF $1,372,288.44 DRAWN ON BANK
OF AMERICA."
4. Adopt Resolution No. 24338 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095690 THROUGH
1095827 IN THE AGGREGATE AMOUNT OF $426,913.03 DRAWN ON BANK
OF AMERICA."
D. APPROVE AMENDMENT NO. 7 TO CONSULTING SERVICES AGREEMENT
NO. A5862 WITH KEENAN & ASSOCIATES FOR LOSS CONTROL AND
REGULATORY SERVICES
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
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City Council Minutes December 13, 2017
E. APPROVE AN AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES TO
PROVIDE A TOTAL COMPENSATION STUDY
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve an agreement with Ralph Andersen Associates to provide a total
compensation study effective December 1, 2017, A7061.
2. Authorize the City Manager to execute all necessary documents.
F. DECLARE TWO VACANCIES ON THE PLANNING COMMISSION FOR
UNEXPIRED TERMS ENDING JUNE 309 20199 AND JUNE 30, 2020
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Declare two vacancies on the Planning Commission.
2. Direct the City Clerk to post a notice of vacancy for the unexpired terms ending
June 30, 2019, and June 30, 2020.
G. DECLARE A VACANCY ON THE HUMAN RIGHTS COMMISSION FOR THE
UNEXPIRED TERM ENDING JUNE 309 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Declare a vacancy on the Human Rights Commission.
2. Direct the City Clerk to post a notice of vacancy for the unexpired term ending
June 30, 2018.
H. DECLARE A VACANCY ON THE SUSTAINABILITY COMMISSION FOR THE
UNEXPIRED TERM ENDING JUNE 309 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Declare a vacancy on the Sustainability Commission.
2. Direct the City Clerk to post a notice of vacancy for the unexpired term ending
June 30, 2018.
14
City of Palm Springs Page 6
City Council Minutes December 13, 2017
I. APPOINTMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 309 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to appoint Aftab Dada to the Palm Springs International Airport
Commission for the unexpired term ending June 30, 2018.
J. APPOINTMENT TO THE BOARD OF APPEALS WITH NO TERM LIMIT
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to appoint Mark Hanna to the Board of Appeals with no term limit.
K. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION FOR THE
UNEXPIRED TERMS ENDING JUNE 309 2020
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to appoint Carl Baker and T Santora for the unexpired terms ending
June 30, 2020.
L. APPROVE A UTILITY AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON COMPANY FOR UTILITY RELOCATION WORK RELATED TO THE
INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, FEDERAL
AID PROJECT NO. BRLO 5282 (017), CP 01-11
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Utility Agreement, in a final form acceptable to the City Attorney, with
Southern California Edison Company, for utility relocation work related to the Indian
Canyon Drive Widening & Bridge Replacement, Federal Aid Project No. BRLO 5282
(017), CP 01-11, A7062.
2. Authorize the City Manager to execute the Utility Agreement and all associated
documents.
M. ACCEPT FISCAL YEAR 2017-18 STATE HOMELAND SECURITY PROGRAM
GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND THE
RIVERSIDE COUNTY EMERGENCY MANAGEMENT DEPARTMENT IN THE
AMOUNT OF $79067
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept a grant from the California Governor's Office of Emergency Services through
the Riverside County Office of Emergency Services in the amount of$7,067.
2. Authorize the City Manager to execute all necessary documents.
City of Palm Springs Page 7 15
City Council Minutes December 13, 2017
N. RESOLUTION IMPLEMENTING MEASURE E IMPOSING A TAX ON
CANNABIS ACTIVITY AS APPROVED BY THE VOTERS AT THE MUNICIPAL
ELECTION ON NOVEMBER 7, 2017, ESTABLISHING APPLICABLE TAX
RATES; AND PROVISION OF ADDITIONAL DIRECTION FOR THE
PREPARATION OF AMENDMENTS TO THE CITY'S CANNABIS
REGULATION PROGRAM (MEASURE E)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24339 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING CANNABIS AND MARIJUANA BUSINESS TAX RATES."
O. AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION FOR PREPARATION AND ADMINISTRATION OF THE
PALM SPRINGS TRANSACTIONS AND USE TAX AS APPROVED BY THE
VOTERS AND GRANTING MUNISERVICES ACCESS TO DATA FOR
COMPLIANCE AUDITING (MEASURE D)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24340 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX."
2. Adopt Resolution No. 24341 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
RELEASE AND EXAMINATION OF SALES OR TRANSACTIONS AND USE
TAX RECORDS."
P. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
339 S. BELARDO ROAD (LA SERENA VILLAS), A CLASS 1 HISTORIC SITE,
HSPB 69
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to:
1. Approve a Mills Act Historic Property Agreement with Martini Madness LLC for
339 S. Belardo Road, a Class 1 Historic Site, HSPB 69, A7063.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City of Palm Springs Page 8
City Council Minutes December 13, 2017
Q. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1849
SANDCLIFF ROAD,A CLASS 1 HISTORIC SITE,HSPB 93/HD-5
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Adhir Kalyan, Emily Wilson,
and Sandcliff Homeowners Association, for 1849 Sandcliff Road, a Class I Historic
Site, HSPB 93/HD-5, A7064.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
R. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR
FISCAL YEAR 2016-17
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the City's Development Project Fee Report for
Fiscal Year 2016-17.
S. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE SONORA ROAD STORM DRAIN
IMPROVEMENTS, CP 16-12
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the plans, specifications and estimate, and authorize
staff to advertise and solicit bids for the Sonora Road Storm Drain Improvements,
CP 16-12.
T. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR "PINNACLE
POINT" TRACT MAP NO. 17470
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24342 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
TRACT MAP 17470 AND AUTHORIZING RELEASE OF SECURITIES
REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
PALM CANYON RANCH, A GENERAL PARTNERSHIP, AND ITS
SUCCESSORS IN INTEREST, FOR PROPERTY LOCATED AT THE EASTERLY
TERMINUS OF AVENIDA SEVILLA, IN SECTION 36, TOWNSHIP 4 SOUTH,
RANGE 4 EAST."
(Council action continued on next page)
17
City of Palm Springs Page 9
City Council Minutes December 13, 2017
2. Authorize the City Manager to execute a Request for Full Reconveyance with Original
Document Indemnity associated with a Deed of Trust with Assignment of Rents
recorded January 3, 2000, as Document No. 2000-000971, records of Riverside
County, California, securing completion of the Works of Improvement associated with
the Subdivision Improvement Agreement for Tract Map 17470 with Palm Canyon
Ranch, a general partnership, A2185.
3. Authorize the City Manager to execute all necessary documents.
U. AWARD A CONSTRUCTION CONTRACT TO WRIGHT CONSTRUCTION
ENGINEERING CORP IN THE AMOUNT OF $222,368.68 FOR THE SOUTH
PALM CANYON DRIVE AND LA PLAZA SAFETY BOLLARD INSTALLATION,
CP 15-29
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Award a construction contract to Wright Construction Engineering, a California
corporation, in the amount of$222,368.68 for the South Palm Canyon Drive and La
Plaza Safety Bollard Installation, CP 15-29, A7065.
2. Authorize the City Manager to execute all necessary documents.
V. ACCEPTANCE OF THE AIRPORT TAXIWAY J PAVEMENT
RECONSTRUCTION PROJECT, IFB 17-06
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Taxiway J Rehabilitation Project,
as completed in accordance with the plans and specifications, IFB 17-06, A6629.
2. Approve Change Order No. 2 in the amount of$2,323.20, and Change Order No. 3 in
the amount of$7,465.79,for a total contract amount of$291,982.99 with All American
Asphalt, A6999.
3. Authorize the Director,Department of Aviation,to execute and file for recordation with
the Riverside County Recorder a Notice of Completion for the Taxiway J Pavement
Reconstruction Project, IFB 17-06.
4. Authorize the City Manager to execute all necessary documents.
City of Palm Springs Page 10
City Council Minutes December 13 2017
EXCLUDED CONSENT CALENDAR
D. APPROVE AMENDMENT NO. 7 TO CONSULTING SERVICES AGREEMENT
NO. A5862 WITH KEENAN & ASSOCIATES FOR LOSS CONTROL AND
REGULATORY SERVICES
In response to City Council inquiry, Human Resources Director Madison summarized the
scope of services provided by Keenan & Associates.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve Amendment No. 7 to consulting services agreement No. A5862 with Keenan
&Associates for Loss Control and Regulatory Services, in the amount of$65,000.
2. Authorize the City Manager to execute all necessary documents.
2. PUBLIC HEARINGS
None.
3. LEGISLATIVE
None.
4. UNFINISHED BUSINESS
None.
5. NEW BUSINESS
A. APPROVE AMENDMENT NO. 12 TO AGREEMENT NO. A3090 WITH THE
PALM SPRINGS INTERNATIONAL FILM FESTIVAL
City Manager Ready displayed a video depicting the success of the Palm Springs
International Film Festival.
City Attorney Kotkin and Councilmember Kors summarized the deal points of the
agreement.
Harold Matzner, Chairman of the Palm Springs International Film Society, spoke on the
history of the film festival; advised that the film festival relies on donations and
contributions from the community.
City of Palm Springs Page 11
City Council Minutes December 13, 2017
In response to City Council inquiry, City Attorney Kotkin noted that the final agreement
will include the following:
• The City will receive twenty(20) opening and closing night and reception passes.
• The City will receive copies to all B-roll shoots by the Festival.
• The City will receive 10 sponsor passes.
• The recitals shall include the following verbiage "The primary purpose of the Palm
Springs International Film Awards and Film Festival is to produce free advertising
and positive publicity for the City of Palm Springs all over the world, and to
strengthen the `Palm Springs' brand worldwide, and particularly in Hollywood
among major stars, entertainment press, industry executives, decision makers and
trend setters."
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Approve Amendment No. 12 to Agreement No. A3090 with the Palm Springs
International Film Festival, extending the agreement to June 30, 2023, as amended.
2. Authorize the City Manager to execute the Amendment to the agreement and take
actions necessary to effectuate the Amendment.
B. REVIEW APPLICATIONS, ALLOCATE AND AWARD THE FISCAL YEAR
2017-18 SPONSORSHIP AND PROGRAM-FUNDING GRANTS AND CITY-
SPONSORED SPECIAL EVENTS
City Manager Ready presented the staff report and distributed an updated chart of funding
recommendations.
Councilmember Kors reviewed the process undertaken by himself and Mayor Moon in
reviewing the applications and making funding recommendations;noted that organizations
which generate revenue for Palm Springs or provide free services to Palm Springs residents
were prioritized.
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY
MAYOR PRO TEM ROBERTS, CARRIED 5-0*,to:
1. Award the Fiscal Year 2017-18 Sponsorship and/or Program Funding Grants in the
total amount of $767,500 from the General Fund and $50,000 from the Public Arts
Fund, as presented.
2. Authorize the City Manager to execute individual Sponsorship and Program Fund
Grants, subject to approval by the City Attorney as to form.
* Councilmember Middleton announced that she serves on the Board of Directors and
holds fiduciary responsibilities for Equality California and the LGBT Community
Center of the Desert and recused herself on voting whether to provide a sponsorship or
grant for these organizations.
City of Palm Springs Page 12 20
City Council Minutes December 13, 2017
C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2017 SLURRY SEAL, CP 17-02
City Engineer Garcia narrated a PowerPoint presentation entitled"2017 Annual Slurry Seal
Project, City Project 17-02" and responded to City Council inquiries.
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the plans, specifications
and estimate and authorize staff to advertise and solicit bids for the 2017 Slurry Seal, CP
17-02.
D. AWARD A CONSTRUCTION CONTRACT TO CALTEC CORP, IN THE
AMOUNT OF $19330,000 FOR THE AIRPORT TICKETING HALL EXPANSION
ENABLING PROJECT, IFB 18-02
City Manager Ready presented the staff report.
In response to City Council inquiry, City Attorney Kotkin advised that the City's
non-discrimination and immigration status verbiage will be inserted into the final executed
agreement.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Award a construction contract to Caltec Corp, a California corporation, as the lowest
responsive and responsible bidder for the Ticketing Hall Expansion Enabling Project
inclusive of the base bid amount of$1,200,000 and Alternate 2 bid amount of$130,000
for a total contract amount of$1,330,000, IFB 18-02, A7066.
2. Delegate authority to the City Manager to approve Contract Change Orders in the total
cumulative amount of 10% of the contract amount ($133,000).
3. Authorize the City Manager to execute all necessary documents.
MEETING RECESSED AND RECONVENED
The City Council recessed at 8:00 p.m. and reconvened at 8:12 p.m., with all members present.
E. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL
SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS,LIAISONS TO
CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO
EXTERNAL ORGANIZATIONS
City Clerk Mejia presented the staff report.
During the course of discussion, the City Council reviewed and made appointments to the
City Council Subcommittees, City Representatives to Projects, Liaisons to City
Commissions and Boards, and Representatives to External Organizations.
City of Palm Springs Page 13 2 1
City Council Minutes December 13, 2017
The City Council discussed whether the City's representative to the Coachella Valley
Association of Governments (CVAG) Executive Committee should be the Mayor or a
rotating appointment. Mayor Moon noted that he strongly objects to rotating the
appointment, noting that the Mayors of the membership cities traditionally serve on this
Committee. It was agreed by City Council that Mayor Moon would serve as the City
representative to the CVAG Executive Committee for 2018 and that the City Council
would reconsider the matter at a future meeting.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 4-1 (MAYOR MOON VOTING NO), to
appoint Councilmember Kors to serve as the City's representative, and Mayor Moon as to
serve as the alternate, to the Greater Palm Springs Convention and Visitors Bureau.
Mayor Moon noted for the record his protest to being removed as the City's representative
to the Greater Palm Springs Convention and Visitors Bureau.
The City Council agreed to: 1) agendize discussion of whether to appoint a City Council
Liaison to each of the City Commissions and Boards for a future meeting; and 2) agendize
review of the City Council Subcommittees, City Representatives to Projects, Liaisons to
City Commissions and Boards, and Representatives to External Organizations in
December 2018.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to:
1. Approve appointments to the City Council Subcommittees, City Representatives to
Projects, Liaisons to City Commissions and Boards, and Representatives to External
Organizations (Exhibit A)
2. Adopt FPPC Form 806,authorize the City Manager to prepare and execute FPPC Form
806 Public Official Appointments, and direct the City Clerk to post on the City's
website as required.
F. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN
COMMISSION AND BOARD APPLICATIONS, TO DETERMINE QUALIFIED
APPLICANTS TO FILL VACANCIES ON CITY BOARDS AND COMMISSIONS
City Clerk Mejia presented the staff report.
The City Council agreed that incumbent Councilmembers will remain on their assigned
subcommittees and that Councilmember Holstege and Councilmember Middleton will
serve on Subcommittees previously filled by Mayor Pro Tern Foat and Councilmember
Mills, respectively.
City of Palm Springs Page 14
City Council Minutes December 13, 2017
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Waive the procedures in Resolution No. 18804, Section 7,to allow for the City Council
as a whole, to participate in the screening and interview of applicants for the Historic
Site Preservation Board, Measure "J" Oversight Commission, and Planning
Commission.
2. Waive the procedures in Resolution No. 18804, Section 7, which provides for the
Mayor to select and participate in all subcommittees.
PUBLIC COMMENT
Thomas Allen Worthy, requested that the City provide him with a settlement for his claims and
allegations against the City;asserted that Councilmember Kors is the"defacto gay leader"and that
he was harassed during Gay Pride Weekend by a Palm Springs Police Officer.
City Attorney Kotkin noted that Mayor Pro Tem Roberts indicated during Mr. Worthy's comments
that the nature and scope of his comments made it impossible for him to focus on his duties as an
elected official; pointed out that Mr. Worthy independently walked away from the microphone
without being excused by the Mayor.
James Keane,voiced concerns regarding the White Water Recreational Trail that will become part
of the CV Link; advised that delays caused by Cathedral City will result in mitigation measures
not being installed when CV Link opens; requested the support of the City Council to resolve the
delays caused by Cathedral City.
Stephen Heslin, representing Digicom Learning, expressed gratitude to the City Council for its
support of Digicom.
Patrick Weiss,recommended that the City Council seek independent legal counsel on the legalities
of the City Council vote to approve the Virgin Hotel development project.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
City Manager Ready reviewed the agenda items that are slated for discussion during the City
Council meetings in January 2018.
The City Council agreed to schedule City Council meetings for January 3, January 10, and
January 24, 2018.
Councilmember Kors requested that staff agendize a status update on the effectiveness of the
Vacation Rental Ordinance and consider combining Measure "J" and Measure "D" auditing
oversight with the possibility of reducing the Commission from nine members to seven members.
3
City of Palm Springs Page 15
City Council Minutes December 13, 2017
Councilmember Kors noted that City Attorney Kotkin is due for a 6-month Performance
Evaluation and requested that the City Manager provide sample evaluation forms to the City
Council.
ADJOURNMENT
At 10:15 p.m., the City Council adjourned to the Regular Meeting of the City Council to be held
on January 3, 2018 at 6:00 p.m. in the Council Chamber, City Hall, located at 3200 East Tahquitz
Canyon Way, Palm Springs, California.
Re pectfully submitted,
ony J. Mejia MMC
City
City of Palm Springs Page 16
City Council Minutes December 13, 2017
CITY COUNCIL
CITY OF PALM SPRINGS,CALIFORNIA Exhibit A
a
Standing Subcommittees
Created Committee 11019 lAppointed MemberJAppointed
Resolution Finance Mayor Moon CouncRnember Kors
12-16-2015 12-13-2017
2017-12-13 College of the Desert Mayor Moon Counciimernber Holstege
12-16-2015 12-13-2017
2017-12-13 Ubrary Councilmember Middleton Councilmember Holstege
12-13-2017 12-13-2017
2016-12-14 BUZZ Tro" Mayor Moon Councilmember
12-14-2016 Middleton
12-13-2017
2016-05-18 Affordable Housing Counalmember Middleton Councilmember Holstege
12-13-2017 12-13-2017
2016-10-19 Cannabis Counciknembf r Kors Mayor Pro Tern Roberts
10-19-2016 12-13-2017
2015-01-21 Homelessness CounalmemberKors Councilmember Holstege
12-16-2016 12-13-2017
2014-03-19 iHublCVEP Mayor Moon Councilmember
12-16-2015 Middleton
12-13-2017
2013-12-18 Vacation Rentals Mayor Pro Tern Roberts Councilrnember Kors
06-01-2016 08-03-2016
2011-12-14 Downtown Project Mayor Pro Tern Roberts Counciimember
12-16-2015 Middleton
12-13-2017
2017-12-13 Coachella Valley CVLink Counalmember Middleton Mayor Pro Tern Roberts
12-13-2017 12-13-2017
2006-12-07 Business Retention Counaknernber Kors Councilmember Holstege
(Economic Development) 12-13-2017 12-13-2017
Office of the City Clerk Pape 1
Updated m of 12-13-2017 meeting
City of Palm Springs Page 17
n n
roAd Hoc Subcommittees 0
Created Committee Specft Task Sunset Date Member/Appointed Member/Appointed
coo 2017-12-13 Budget Review Fiscal Year 2018-19 Budget 2019-06-30 Councilmember Kors Councilmember
12-13-2017 Middleton
12-13-2017
2017-12-13 Downtown Public Review Downtown Public Restrooms 2018-12-31 Mayor Moon Councilmember CD
Restrooms 09-07-2016 Middleton
12-13-2017
2017-10-18 Convention Center Review Agreement 2018-06-30 Mayor Moon Councilmember Kors
Tourism and 10-18-2017 10-18-2017
Management Services
Agreement
Subcommittee
2017-10-18 State of the City Address Provide input to State of the City 2018-12-31 Councilmember Kors Mayor Moon
Address 10-18-2017 12-13-2017
2017-09-06 Grant and Sponsorship Review Grant and Sponsorship 2019-12-31 Councilmember Mayor Moon
Applications Applications for FY 2018-19 Holstege 09-06-2017
12-13-2017
2017-06-21 Property Negotiations Assist with Property Negotiations, 2018-12-31 Councilmember Kors Mayor Pro Tem
4449 N. Indian Canyon Dr., 06-21-2017 Roberts
APN 669-330-047 12-13-2017
2017-05-17 Communications Communications 2018-12-31 Councilmember Kors Councilmember
05-17-2017 Roberts
12-13-2017
2017-05-17 Tahquitz Creek Golf Renew Agreement 2018-06-30 Mayor Moon Councilmember
Course Operation 12-13-2017 Holstege
12-13-2017
2016-11-16 Planned Development Review Planned Development 2018-12-31 Councilmember Mayor Pro Tem
District District Process Middleton Roberts
12-13-2017 12-13-2017
2016-10-19 Vacation Rentals Study and make recommendations 2018-12-31 Councilmember Kors Mayor Pro Tem
on current vacation rental regulations 10-19-2016 Roberts
10-19-2016 d
2016-06-15 Annexations and Land Advise City Attorney and City 2018-12-31 Mayor Pro Tem Roberts Councilmember CD
Acquisitions Manager on potential areas for 06-15-2016 Holstege
Sphere of Influence/Annexation 12-13-2017 Cep
'd w
Office of the City cietk Page 2 N
(D Updated as of 12-13.2017 meeting O
00 J
r�
rn
h
0'� created Committee Specific Task Sunset Date Member/Appointed Member/Appointed o
w2016-06-15 Palm Canyon 1 Desert Review potential use agreements for Mayor Moon Councilmember Kors
Arts Center this city facility 2018-12-31 06-15-2016 12-13-2017
rn 2016-05-18 Fundraising Review Grants/Special Events Councilmember Councilmember Kors
Fundraising opportunities for 2019-12-31 Middleton 05-18-2016
Fiscal Year 2018-19 12-13-2017
rA 2016-02-17 Recognition of Lawrence Recommend Appropriate recognition Councilmember Councilmember
Crossley of Lawrence Crossley 2018-06-30 Middleton Holstege
12-13-2017 12-13-2017
2015-12-16 Governmental Reform, Review current administrative Councilmember Councilmember Kors
Ethics and Transparency regulations for Conflict of interest, 2018-06-30 Middleton 12-16-2015
elections,transparency and 12-13-2017
disclosure
2015-12-16 Indian Canyon Advise City Staff on the Phase 1 Mayor Pro Tem Roberts Councilmember
Improvements preparation and desgn of Indian 2018-12-31 12-16-2015 Middleton
Canyon to a two-way street 12-13-2017
2015-12-16 Walk of Stars Advise City Staff and City Attomey to Mayor Moon Mayor Pro Tem
amendments to the contract with the 2018-06-30 12-16-2015 Roberts
Palm Springs Walk of Stars 12-16-2015
2014-04-02 Historic Plaza Theater Review potential use agreements for Mayor Pro Tem Roberts Mayor Moon
this city facility 2018-12-31 12-16-2015 12-13-2017
2011-12-14 Downtown Palm Springs Review,design,and construction of Mayor Pro Tem Roberts Councilmember
Park the Downtown Park 2018-12-31 12-16-2015 Holstege
12-13-2017
2007-12-12 Special Event Regulations Review for Special Councilmember Councilmember
Regulations Review Events Permits 2018-12-31 Middleton Holstege
12-13-2017 12-13-2017
2017-12-13 Holiday Lighting Review and recommend updating Mayor Moon Mayor Pro Tem
and replacing the holiday lighting 2018-12-31 12-13-2017 Roberts
12-13-2017
2014-12-13 Council Chamber Assist with the Council Chamber Mayor Pro Tem Roberts Mayor Moon
Audio/Visual System Audio/Visual System Upgrade 2018-12-31 12-16-2015 12-13-2017
Upgrade C7
2014-12-13 Oswit Litigation Case Assist City Attorney with the Oswit 2018-12-31 Councilmember Councilmember Kors CD
Litigation Case Holstege 12-13-2017 CD
12-13-2017
b w
m
CD MM Of"CRY cw* Page 3 CD
as of 12-13-2017 meetin
rs
City Council Minutes December 13, 2017
CITY COUNCIL
CITY OF PALM SPRINGS,CALIFORNIA
yi
City Representatives to Projects
Created Committee Primary Alternate
Member/Appointed Member/Appointed
2017-10-18 Palm Springs Tourism and Coindimember Kars Mayor Moon
Hosp(tality OrganiZatKM 10-18-17 12-13-2017
2017-09-26 Community Choice Carndimember Kars Counaknember Middleton
Aggregation program and 09-26-17 12-13-2017
Coachella Vary
Community Energy
Authority
2017-12-13 Town&Country Center Mayor Pro Tem Roberts Counaknember Middleton
12-13-2017 12-13-2017
Liaison
2017-12-13 Carryon View Mlayor Pro Tem Roberts Counalrnember Middleton
12-13-2017 12-13-2017
2017-12-13 Replacement of Downtown Mayor Pro Tem Roberts
Furniture and Landscaping 12-13-2017
Liaison
orr�or the city Clerk Pax
Updated as&12-13-2d17 m*MV
City of Palm Springs Page 20
City Council Minutes December 13, 2017
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
r
�a
City Council Liaisons
To
City Boards, Commissions,and Committees
CommissionfBoard/Comm mittee Member I Appointed
Office of Neighborhood Involvement Councilmember Middleton(Primary)
12-13-2017
Mayor Moon(Alternate)
12-13 2017
Airport Commission Mayor Pro Tern Roberts
12-13-2017
Ofte of the City perk Pape 5
Updated a of 12-13-2017 meeting
City of Palm Springs Page 21 29
City Council Minutes December 13, 2017
CITY COUNCIL
CITY OF PALM SPRINGS,CALIFORNIA
(ND
External Organizations
Appointees and Liaisons
Agency File PI11nme Designee Alternate
700
CVAG—Executive Committee Mayor Moon Mayor Pro Tern
(Meet last Monday of the month) 12-16-2015 Roberts
(appointmient through 12-13-2017
December 2018) (appovltrrlent Rrcot*
Dec 2018
CVAG—Energy and Councilmember Councitmember Kors
Environment Middleton 12-13-2017
2n°Thursft of the month 12-16-2015
CVAG—Homelessness Yes 76D-34rr1127 Councilmember Councilmember Kors
Committee Holstege 12-16-2015
(Yd Wednesday or the month) 12-13-2017
CVAG—Public Safety Mayor Pro Tern Councitmember
(2-Monday ti the month) Roberts Holstege
12-13-2017 12-13-2017
CVAG—Transportation Councilmember Councitmember Kors
(1a Monday of the morUh) Middleton 12-16-2015
12-13-2017
Coachella Valley Conservation Councilmember Mayor Pro Tern
Commission Yes Middleton Roberts
(2w Ttxasday of the month) 12-13-2017 12-13-2017
Coachella Valley Mountains Councilmember Mayor Pro Tern
Conservancy Board Yes 760-T76-5026 Middleton Roberts
(2n°TMrsday or the month) 12-13-2017 12-16-2015
Main Street/Uptown Business Mayor Moon Councilmember
Assoc. 12-16-2015 Middleton
12-16-2015
Palm Springs Chamber of Councilmember Kors Mayor Moon
Commerce 78t}325-1577 12-16-2015 12-16-2015
(3b Thursday of the Woo)
Greater Palm Springs Councilmember Kors Maya Moon
Convention and Visitors Bureau Yes 760-770-Nm 12-13-2017 12-13-2017
(CVB) (appoi trnent through (appointment thro io
31°Friday of the month) Dec 2018)
ofice or fie city C" Page 0
Updatd m of 12-13.2017 meohn
30
City of Palm Springs Page 22
City Council Minutes December 13, 2017
Agency File Phone Designee Alternate
700
Riverside Canty Councilmember Dale Cook
Comma dy Action Commssion Yes Holstege 12-16-2015
12-13-2017
Riverside Canty No alternate
Community Benefit Committee
(ApMrded by the C=Ity 3LVWvW
Riverside County Councilmember Mayor Pro Tern
Transportation Commission Yes Middleton Roberts
(2n°Wednesday of the rnorth) 12-13-2017 12-13-2017
Councilmember Counciknember Kors
Sunline Yes 764343-3456 Middleton 12-13-2017
12-13-2017
Eastern Riverside County Yes 12 16 2 Moon
1�Manager
Interoperable Communications
Authority(EW—A)
Riverside Canty Airport Land Yes Mayor Pro Tern None
Use Conrnission Roberts
(Liaison)
12-16-2015
Fnends of the Palen Springs Councilmember Councilmember
Animal Shelter 760416-5718 Hofstege Middleton
12-13-2017 12-13-2017
League of California Cities Mayor Moot Councilmember
Annual Conference Middleton
CRA Oversight Board Councilmember
Hoistege
12-13-2017
O(fi*of Im Coy cwt Pape 7
Updard m d 12-13-M17 nwe"
31
City of Palm Springs Page 23
,�hlY rA.
's
O
u w
Monday, December 18, 2017
Minutes of the Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Monday, December 18, 2017, at 2:30 p.m., in the Large Conference Room, City Hall, located
at 3200 East Tahquitz Canyon Way, Palm Springs, California.
ROLL CALL
Present: Councilmembers Christy Holstege, Geoff Kors, Lisa Middleton; Mayor Pro Tern
J.R. Roberts; and Mayor Robert Moon.
Absent: None.
1. PUBLIC COMMENT
None.
INTERVIEW AND APPOINT APPLICANTS TO THE MEASURE "J" OVERSIGHT
COMMISSION AND PLANNING COMMISSION
City Clerk Mejia announced that applicants' names will be selected randomly to determine the
order of interviews. The following individuals were interviewed:
Measure "J" Oversight Commission
• Ron Brady
• Sid Craig
• David Gray
* Marcus Miceli and Donald Prell were not present when announced.
Planning Commission
• Dennis Woods
• Scott Bigbie
• Neil Wortman
• K. Kranbou-ya Clay
• Richard Pass
• Roxann Ploss
• Michael Finland
• Peter Moruzzi
• John Goins
32
City Council Minutes December 18 2017
Following discussion, the City Council agreed to nominate Sid Craig and David Gray for
appointment to the Measure "J" Oversight Commission for terms ending June 30, 2020.
Following discussion, the City Council agreed to nominate Dennis Woods and Peter Moruzzi to
the Planning Commission for terms ending June 30, 2019, and June 30, 2020, respectively.
ADJOURNMENT
At 4:40 p.m.,the City Council adjourned to the Regular Meeting of the City Council to be held on
January 3, 2018, at 6:00 p.m. in the Council Chamber, City Hall, located at 3200 East Tahquitz
Canyon Way, Palm Springs, California.
Respectfully submitted,
All
ony J. �j C
City Clerk
33
City of Palm Springs Page 2
is
O
Y M
.y
Wednesday,January 3, 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, January 3, 2018, at 6:15 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;Marcus Fuller,Assistant City Manager;Edward Z.
Kotkin, City Attorney; and Anthony J. Mejia, City Clerk,were present at Roll Call.
Other staff members presented reports or responded to questions as indicated in the
minutes.
PRESENTATIONS
None.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to accept the agenda as published, with the removal of Item
Nos. 1B, 1C, 1D, lE, 1K, and 1M from the Consent Calendar for separate discussion.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of January 3, 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:
34
City Council Minutes January 3, 2018
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
Wessman Holdings, LLC v. City of Palm Springs
Case No. PSC1606436, Riverside Superior Court, Palm Springs Division
Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
City of Palm Springs v. O &MHR, LLC, et al.
Case Number PSC 1701804, Riverside Superior Court, Palm Springs Division
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 4
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of 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: 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: 1479 North Palm Canyon Drive
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: The Boureston& Sudweeks Company, and Yokang Zhou
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: 3130 North Indian Canyon Drive
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: KUD Development, and CHOC (Community Housing
Opportunities Corporation)
Under Negotiation: Price and Terms of Payment (Sale)
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.
35
City of Palm Springs Page 2
City Council Minutes January 3, 2018
PUBLIC TESTIMONY
David Freedman member of the Sustainability Commission, speaking on Item No. 5E, spoke in
support of the proposed policy,noting that requiring solar panels on new residential developments
will help further the goals stated in the General Plan and Sustainability Plan.
Gretchen Gutierrez, representing the Desert Valleys Builders Association, speaking on Item
No. 5E, asserted that the staff report underestimates the costs for residential solar panels; stated
that it will take 11 years to recuperate the initial investment in solar panels; opined that the
proposed policy will cause an increase for new construction homes.
Kim Floyd, Conservation Chair of the local Sierra Club, speaking on Item No. 5E, spoke on the
importance of mitigating climate change impacts, voicing support for the proposed policy.
Ellen Lockert, speaking on Item No. 5E, spoke on the impacts of climate change, including recent
severe flooding, wildfires, and hurricanes; voiced support for the proposed policy, stressing the
importance of reducing reliance on fossil fuels and generating renewable energy.
Revone Bauwens, speaking on Item No. 5E, reported on the financial and environmental benefits
of making her home solar-powered; urged the City Council to support the proposed policy.
Kathy Weremiuk, Chair of the Planning Commission, spoke in support of Item Nos. 3A, 4A, 413,
and 5E; suggested that the City Council prioritize an update to the City's General Plan and Zoning
Code; recommended that the solar policy exceptions list include "rent-restricted affordable rental
housing" instead of"low-income housing."
Cathy Brant, speaking on Item No. IA, commended the hard work of Jeannie Kays, Director of
Library Services, and the Library Department staff, opined that the Library needs additional
librarians, noting that current staffing is at ten librarians.
Mark Kendrick, Speaking on Item No. 413, opined that Planned Development Districts (PDD)
should not be allowed in Environmentally Sensitive Areas (ESA).
Jane Garrison, representing the Committee to Save Oswit Canyon, speaking on Item No. 413,
expressed support for clarifying the PDD and Specific Plan process; recommended that the City
Council prohibit any PDD or Specific Plan from increasing density on ESA; suggested that the
City review its canyons and hillsides to determine if new ESA are needed.
Kathie Lehner, speaking on Item No. 5E, addressed the threat of climate change and the need for
leaders to take action to decrease dependence on fossil fuels and increase reliance on renewable
energy.
Joy Silver, speaking on Item No. 5E, expressed support for the proposed policy, pointing out that
the policy may spur job growth in the renewable energy industry.
Marvin Roos, speaking on Item 4B, voiced support for the modifications to the PDD process,
noting that past PDD projects resulted in a decrease in overall density.
City of Palm Springs Page 3
City Council Minutes January 3, 2018
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Councilmember Kors reported on the recent meetings and accomplishments of the various local
tourism organizations.
Councilmember Middleton noted that the Riverside County Transportation Commission
authorized the refinancing of existing bonds, resulting in substantial savings that may be used for
new transportation projects.
Mayor Moon requested that the City Attorney advise whether the City Council may interview
candidates for Boards and Commissions in Closed Session.
City Manager Ready announced that Janice Lopez received the California On-Location Film
Award for Public Employee of the Year.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0,to approve the Consent Calendar Item Nos. 1 A, 1 F, 1 G-IJ, 1 L;with Item Nos. 1 B-
CE, IK, and 1M pulled for separate discussion.
A. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR
FISCAL YEAR 2016-17
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Palm Springs Board of Library Trustees
Annual Report for Fiscal Year 2016-17.
B. PURCHASE OF PUBLIC-USE COMPUTERS FOR LIBRARY
This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes
for a summary of that action.
C. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "DESERT
PALISADES"DEVELOPMENT,TRACT MAP 35540
This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes
for a summary of that action.
D. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT NO. A5679
WITH DATA TICKET, INC., DBA REVENUE EXPERTS, IN THE AMOUNT OF
$219600 FOR SERVICES RELATED TO ADMINISTRATIVE CITATION
PROCESSING AND COLLECTION SERVICES
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 4 37
City Council Minutes January 3, 2018
E. RENEWAL OF AGREEMENT NO. A5724 WITH THE USO, GREATER LOS
ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE
FOR SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes
for a summary of that action.
F. ACCEPT FISCAL YEAR 2017-18 EMERGENCY MANAGEMENT PERFORMANCE
GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY VIA THE
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND THE
RIVERSIDE COUNTY EMERGENCY MANAGEMENT DEPARTMENT IN THE
AMOUNT OF $13,519 AND FUNDING OF A COURSE FROM THE CALIFORNIA
SPECIALIZED TRAINING INSTITUTE
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the FY 2017-18 Emergency Management Performance Grant through the
California Governor's Office of Emergency Services in the amount of$13,519,A6925.
2. Authorize the City Manager to contract with the California Specialized Training
Institute(CSTI)through the California Office of Emergency Services(CalOES)for the
course delivery of the Essential EOC Action Planning course in an amount up to
$13,519.
3. Authorize the City Manager to execute all necessary documents.
G. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1840
SOUTH BARONA ROAD, A CLASS 1 HISTORIC SITE, HSPB 93/HD-5
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Kenneth Cassady and Sandcliff
Homeowners Association, for 1840 South Barona Road, a Class 1 Historic Site, HSPB
93/HD-5, A7070.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
38
City of Palm Springs Page 5
City Council Minutes January 3, 2018
H. 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. 24344 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 11-18-2017 BY WARRANTS
NUMBERED 420135 THROUGH 420148 TOTALING $25,867.08 LIABILITY
CHECKS NUMBERED 1095828 THROUGH 1095847 TOTALING $79,219.63,
FIVE WIRE TRANSFERS FOR $65,199.22, AND THREE ELECTRONIC ACH
DEBITS OF $1,525,794.74 IN THE AGGREGATE AMOUNT OF $1,696,080.67,
DRAWN ON BANK OF AMERICA."
2. Adopt Resolution No. 24345 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095848 THROUGH
1095997 IN THE AGGREGATE AMOUNT OF $1,979,327.37 DRAWN ON BANK
OF AMERICA."
3. Adopt Resolution No. 24346 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095998 THROUGH
1096086 IN THE AGGREGATE AMOUNT OF $1,420,256.75 DRAWN ON BANK
OF AMERICA."
I. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Administrative Appeals Board decisions
from the December 4, 2017 hearings.
J. APPOINTMENTS TO THE MEASURE "J" OVERSIGHT COMMISSION FOR
THE UNEXPIRED TERMS ENDING JUNE 30, 2020, AND AUTHORIZING A
COMMISSIONER TO SERVE CONCURRENTLY ON MORE THAN ONE
BOARD OR COMMISSION
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Allow a waiver of the requirements of Section 6 of Resolution No. 14547 to authorize
Sid Craig to serve concurrently on more than one board or commission until his
vacancy is filled on the Parks and Recreation Commission and direct the City Clerk to
post a notice of vacancy and schedule interviews for appointment.
2. Appoint Sid Craig and David Gray to the Measure "J" Oversight Commission for the
unexpired terms ending June 30, 2020.
City of Palm Springs Page 6 39
City Council Minutes January 3, 2018
K. APPOINTMENTS TO THE PLANNING COMMISSION FOR THE UNEXPIRED
TERMS ENDING JUNE 30,2019,AND JUNE 309 2020
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
L. APPOINTMENT TO THE SUSTAINABILITY COMMISSION FOR THE
UNEXPIRED TERM ENDING JUNE 30,2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to appoint Jessica Spry to the Sustainability Commission for the
unexpired term ending June 30, 2018.
M. APPROVAL OF CITY COUNCIL MINUTES
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
EXCLUDED CONSENT CALENDAR
B. PURCHASE OF PUBLIC-USE COMPUTERS FOR LIBRARY
Councilmember Kors pointed out that the Library will soon have 26 new computers
available for free public-use.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the purchase of twenty six (26) new Dell OptiPlex 7450 AIO in the amount
of $29,939.82 inclusive of all applicable taxes and fees utilizing the NASPO
ValuePoint national cooperative purchase contract from Dell.
2. Authorize the City Manager to execute all necessary documents.
C. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "DESERT
PALISADES" DEVELOPMENT, TRACT MAP 35540
In response to City Council inquiry, Assistant City Manager Fuller suggested that the City
Council could modify the resolution to release the subject securities, with the exception of
$50,000 subject to the installation of the interpretative plaques at the trailheads; advised that
City staff has reviewed the pavement condition on Racquet Club Road and determined that
repairs, needed due to the undergrounding of utilities, were completed in accordance with
City standards; noted that Southern California Edison caused excess excavation spoils to be
placed on the north-side of Racquet Club Road and the developer was required to remove the
spoils and stabilize the site,noting that historic street photos shows that the rock berm existed
along Racquet Club Road;reported that the event house has been sold by the developer,noting
that the Conditions,Covenants,and Restrictions(CCRs)prohibit short-term rentals within the
development.
40
City of Palm Springs Page 7
City Council Minutes January 3, 2018
Planning Services Director Fagg advised that City staff will re-inspect the trail providing
access to Tramway Road to ensure that it complies with the approved landscape plans,
prior to releasing the subject securities.
MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0,to adopt Resolution No.24343 entitled"A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 35540 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH PINNACLE VIEW, LLC, FOR PROPERTY LOCATED AT THE WESTERLY
TERMINUS OF RACQUET CLUB ROAD, IN SECTION 4, TOWNSHIP 4 SOUTH,
RANGE 4 EAST," with direction to obtain a separate cash security for the installation of
interpretive plaques at trailheads.
D. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT NO. A5679
WITH DATA TICKET, INC., DBA REVENUE EXPERTS, IN THE AMOUNT OF
S21,600 FOR SERVICES RELATED TO ADMINISTRATIVE CITATION
PROCESSING AND COLLECTION SERVICES
The City Council directed the City Attorney to ensure that the executed agreement contains
the appropriate verbiage related to non-discrimination and equal benefits.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Consultant Services Agreement No. A5679 with Data
Ticket, Inc., dba Revenue Experts, in the amount of$21,600 for an increased total not
to exceed contract amount of $39,600 for administrative citation processing and
collection services, subject to City Attorney approval of the final agreement.
2. Authorize the City Manager to execute all necessary documents.
E. RENEWAL OF AGREEMENT NO. A5724 WITH THE USO, GREATER LOS
ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE
FOR SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
The City Council directed the City Attorney to ensure that the executed agreement contains
the appropriate verbiage related to non-discrimination and equal benefits.
Mayor Moon noted that the USO is a volunteer-based organization, receives no direct
monetary contributions from the City, and provides services which benefits our soldiers
and their families; requested that the City Council consider waiving the utility costs for the
USO.
City of Palm Springs Page 8 41
City Council Minutes January 3. 2018
MOTION BY MAYOR MOON, SECOND BY MAYOR PRO TEM ROBERTS,
CARRIED 5-0, to:
1. Approve a Lease Agreement Renewal with the USO—Greater Los Angeles Area, Inc.,
effective November 1, 2017, to October 31, 2021, under a fixed, one-year agreement
with three, one-year options at the lease rate of$1 per annum, A5724; as modified to
provide for the waiver of$5,000 for the annual utility costs.
2. Authorize the City Manager to execute all necessary documents.
K. APPOINTMENTS TO THE PLANNING COMMISSION FOR THE UNEXPIRED
TERMS ENDING JUNE 309 20199 AND JUNE 309 2020
Councilmember Middleton requested that City staff seek an opinion from the Fair Political
Practices Commission regarding a potential conflict of interest related to the relationship
between Dennis Woods, being considered for the Planning Commission, and a member of
the Architectural Advisory Committee; noted that the Planning Commission is the appeal
body for the decisions of the Architectural Advisory Committee.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to appoint Peter Moruzzi to the Planning Commission for
the unexpired terms ending June 30, 2020.
M. APPROVAL OF CITY COUNCIL MINUTES
Councilmember Kors requested that City staff ensure that the actions reflected for Item 4B
are consistent with the verbiage contained in Ordinance No. 1943.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to table the City Council Minutes of December 6, 2017.
2. PUBLIC HEARINGS
A. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING
AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN
ANNEXATION NO. 18 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
City Clerk Mejia presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak
on this item.
City Clerk Mejia conducted the consolidated election,noting that the property owner voted
in favor of the annexation.
City of Palm Springs Page 9 42
City Council Minutes January 3, 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24347 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 18, ENCLAVE AT BARISTO,TRACT MAP NO. 37245, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND
SUBMITTING THE LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS."
2. Adopt Resolution No. 24348 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA,DECLARING THE RESULTS
OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS,AND DIRECTING THE RECORDING OF
AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 18, ENCLAVE AT BARISTO, TRACT MAP NO. 37245, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES).
3. Introduce Ordinance No. 1947 entitled "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT BARISTO,
TRACT MAP NO. 37245, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1,
(PUBLIC SAFETY SERVICES).
3. LEGISLATIVE
A. PROPOSED ORDINANCE AMENDING AND SUPERSEDING CHAPTER 5.81
RELATING TO ART MURALS ON PRIVATE PROPERTY
Planning Services Director Fagg presented the staff report and responded to City Council
inquiries.
City Manager Ready noted that the Public Arts Commission unanimously voted to support
the proposed ordinance and that Chair Sheffer supports removing the provision related to
a minimum length of time art murals must be maintained.
Councilmember Middleton recommended that art mural applications be approved by the
Public Arts Commission, subject to appeal to the City Council.
In response to City Council inquiry, City Attorney Kotkin advised that property owners will
be responsible for the administrative penalty associated with violating these regulations.
The City Council requested that City staff provide information regarding the proposed
regulations on the City's website and send notification to local business associations.
City of Palm Springs Page 10 43
City Council Minutes January 3, 2018
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Introduce Ordinance No. 1948 entitled"AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER 5.81 OF
THE PALM SPRINGS MUNICIPAL CODE REGARDING THE REGULATION OF
ORIGINAL ART MURALS," with the following modifications:
a. Standardize all references to "City Council consideration" and "City Council
authorization."
b. Add clarifying verbiage to the Purpose section indicating that art murals may be
approved for short-term specific events as well as long-term art murals and
eliminate sections related to specific time limitations for art murals.
c. Modify Section 5.81.070(a), Nuisance, to read as follows "Any mural created and
installed without City approval or not maintained pursuant to this Chapter is and
shall be deemed `graffiti'..."
d. Modify Section 5.81.070(b), Administrative Penalty, to indicate that applicants
may submit a mural application rather than remove an unpermitted mural, but will
remain subject to administrative penalties.
2. Direct City staff to place art mural applications on the City Council Consent Agenda,
upon approval by the Public Arts Commission.
3. Adopt Resolution No. 24349 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES
FOR ART MURAL APPLICATIONS AND AMENDING THE COMPREHENSIVE
FEE SCHEDULE ADOPTED BY RESOLUTION NO. 23854."
B. PROPOSED ORDINANCE AMENDING AND SUPERSEDING CHAPTER 8.80
OF, ADDING SECTION 11.72.162 TO, AND AMENDING SECTIONS 11.72.170,
11.72.197 AND 11.72.245 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO VACANT BUILDINGS AS BUILDING CODE VIOLATIONS
AND/OR PUBLIC NUISANCES, AND PROVIDING FOR THE ABATEMENT OF
BLIGHTED PROPERTY
City Manager Ready presented the staff report and responded to City Council inquiries.
In response to City Council inquiry, City Attorney Kotkin advised that the proposed
ordinance eliminates consideration of economic hardships, noting the likelihood that a
property owner in financial hardship would reside within their residence and would
therefore not be subject to these regulations.
City of Palm Springs Page 11 44
City Council Minutes January 3. 2018
Following discussion, MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Introduce Ordinance No. 1949 entitled"AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER 8.80 OF,
ADDING SECTION 11.72.162 TO, AND AMENDING SECTIONS 11.72.170,
11.72.197 AND 11.72.245 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO VACANT BUILDINGS AS BUILDING CODE VIOLATIONS
AND/OR PUBLIC NUISANCES, AND PROVIDING FOR THE ABATEMENT OF
BLIGHTED PROPERTY," with the following modifications:
a. Modify applicable provisions to indicate that these regulations shall apply to vacant
residential structures, excluding condominium units.
b. Revise the definition of"Downtown/Uptown"to extend south to Mesquite Avenue
and apply the provisions applicable to the "Downtown/Uptown" to all primary
commercial corridors.
c. Modify Sections 8.80.160 and 8.80.170 to refer to business days rather than
calendar days.
2. Adopt Resolution No. 24350 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES
FOR ANNUAL VACANT COMMERCIAL BUILDING MONITORING AND
AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY
RESOLUTION NO. 23854."
3. Direct City staff to evaluate and recommend a reduced vacant residential building
monitoring administrative fee.
MEETING RECESSED AND RECONVENED
The City Council recessed at 8:35 p.m. and reconvened at 8:45 p.m., with all members present.
4. UNFINISHED BUSINESS
A. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RIOS
CLEMENTI HALE STUDIOS TO PROCEED WITH SCHEMATIC DESIGN,
DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING
SERVICES, CONSTRUCTION ADMINISTRATION, AND WARRANTY PHASE
SERVICES ASSOCIATED WITH THE DOWNTOWN PARK, CP 15-07
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
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City Council Minutes January 3, 2018
In response to City Council inquiries, Nate Cormier, Principal Landscape Architect with
Rios Clementi Hale Studios, addressed the constraints of the proposed timeline for
completing the Downtown Park, noting that the timeframe for the City's review process is
likely the only area that could be reduced; pointed out that the proposed fee schedule
complies with industry standards, noting that his firm has made diligent efforts to reduce
their fees as well as the subcontractors fees.
The City Council directed the City Attorney to ensure that the executed agreement contains
the appropriate verbiage related to non-discrimination and equal benefits.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
a. Cancel Professional Services Agreement with Urrutia A.I.A. and Associates, Inc., dba
Urrutia Architects, in the original amount of$396,575, A6720.
b. Cancel Professional Services Agreement with MSA Consulting, Inc., in the original
amount of$170,700, A6721.
c. Cancel Professional Services Agreement with RGA Landscape Architects, Inc., in the
original amount of$86,800, A6722.
d. Cancel Professional Services Agreement with MRC Engineering, Inc., in the original
amount of$30,000, A6723.
e. Approve Agreement No. A7071 with Rios Clementi Hale Studios in the amount of
$924,260 for professional landscape architectural and related design services including
the Schematic Design, Design Development, Construction Documents/Permitting,
Bidding, Construction Observation, and Warranty Phases for the Downtown Park, CP
15-07, subject to City Attorney approval of the final agreement.
f. Expand the Ad-Hoc Downtown Park Subcommittee for Major Architectural Review to
include:
a. Architectural Advisory Committee (2)
b. Measure J Commission(2)
c. Parks and Recreation Commission(2)
d. Planning Commission (2)
e. Public Arts Commission(1)
g. Authorize the City Manager to execute all necessary documents.
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City Council Minutes January 3, 2018
B. REVIEW OF THE RECOMMENDATIONS OF THE AD HOC PDD COMMITTEE
REGARDING CHANGES TO THE PLANNED DEVELOPMENT DISTRICT
PROCESS AND PROPOSED IMPLEMENTATION WORK PLAN
Planning Services Director Fagg presented the staff report and responded to City Council
inquiries.
Councilmember Middleton requested that the Planning Commission consider the definition
of"Public Benefit"and whether it should solely be considered affordable housing set-aside
from the overall project or a contribution to an affordable housing fund.
The City Council spoke on the importance of updating the General Plan and Zoning Code
and provided direction to City staff to seek cost estimates and to begin exploring funding
options for the City Council's consideration. It was noted that it may be more affordable
and desirable to begin updating the Zoning Code in the near future.
In response to City Council inquiry, Kathy Weremiuk, Chair of the Planning Commission,
conveyed support for allowing a small lot development exemption for affordable housing
developments.
The City Council directed City staff to clarify where appropriate that clustering of housing
in environmentally sensitive areas is intended to preserve open space and should not result
in an increase in density than otherwise would be permitted by the underlying zoning.
5. NEW BUSINESS
A. APPROVAL OF A FIVE-YEAR LEASE WITH TCF EQUIPMENT FINANCE FOR
NEW REPLACEMENT MAINTENANCE EQUIPMENT FOR THE TAHQUITZ
CREEK GOLF COURSE IN AN AMOUNT NOT TO EXCEED $1,015,000
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
Mayor Moon recommended utilizing the insurance proceeds from the March 2017 wind
storm event ($329,336) and applying said funds towards removal of tamarisk trees at the
Tahquitz Creek Golf Course.
City Manager Ready advised that a short-tern loan from the General Fund to the Golf Fund
will be needed, pending final approval of the insurance claim for the damaged golf
equipment.
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City Council Minutes January 3, 2018
MOTION BY MAYOR MOON, SECOND BY COUNCILMEMBER MIDDLETON,
CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030,"Special Expertise
Procurement," approve the purchase of 30 various items of equipment for the Tahquitz
Creek Golf Course through TCF Equipment Finance, a division of TCF National Bank,
through Master Equipment Lease Purchase Agreement No. 185560L, for a lease-to-
own purchase cost of$1,014,725.14, A7072.
2. Adopt Resolution No. 24351 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
NEGOTIATION, EXECUTION, AND DELIVERY OF MASTER EQUIPMENT
LEASE PURCHASE AGREEMENT NO. 185560L DATED DECEMBER 22, 2017,
AND SCHEDULE NO. 008-0185560-300 THERETO, TOGETHER WITH THE
RELATED ESCROW AGREEMENT, IF ANY (THE "LEASE") IN PRINCIPAL
AMOUNT NOT TO EXCEED $1,014,725.14, BETWEEN CITY OF PALM
SPRINGS, AND TCF EQUIPMENT FINANCE, A DIVISION OF TCF NATIONAL
BANK; AND PRESCRIBING OTHER DETAILS IN CONNECTION
THEREWITH."
3. Authorize the City Manager to execute all necessary documents.
4. Authorize an inter-fund cash transfer from the General Fund to the Golf Fund in the
amount of$329,336.
B. COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE,
RIVERSIDE UNIVERSITY HEALTH SYSTEM-BEHAVIORAL HEALTH FOR
HOMELESS OUTREACH SERVICES
Economic Development Director Virata presented the staff report.
In response to City Council inquiry, Director Virata advised that the City will need to
discuss the scope of work for a case manager and employment specialist for submittal to
community service providers.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Cooperative Agreement with the County of Riverside, Riverside University
Health System-Behavioral Health for Homeless Outreach Services, in the amount of
$330,000 annually, A7073.
2. Authorize the City Manager or designee to execute all necessary documents.
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City Council Minutes January 3, 2018
C. AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN — ADDING FOUR POLICE OFFICERS, TWO
COMMUNITY SERVICE OFFICERS, SIX FIRE FIGHTER/PARAMEDICS, AND
ONE ACCOUNTANT
City Manager Ready presented the staff report and responded to City Council inquiries.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24352 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2017-2018, ADOPTED BY RESOLUTION 24237."
2. Authorize the City Manager to execute all necessary documents.
D. ADOPTION OF A WASTEWATER FUND PLEDGED REVENUE RESOLUTION
FOR A CLEAN WATER STATE REVOLVING FUND LOAN ASSOCIATED
WITH THE CONSTRUCTION OF A BIOGAS-TO-ENERGY PROJECT AT THE
WASTEWATER TREATMENT PLANT, CP 15-26
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
Mayor Moon requested that the staff report for project approval include an analysis on the
efficiency of the technology and an estimated cost of operations and maintenance over the
lifecycle of the project.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0,to adopt Resolution No.24353 entitled"A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,PLEDGING
ITS WASTEWATER ENTERPRISE FUNDS AS PAYMENT TO THE STATE WATER
RESOURCES CONTROL BOARD UNDER THE CLEAN WATER STATE
REVOLVING FUND FOR CONSTRUCTION OF A BIOGAS-TO-ENERGY PROJECT
AT THE WASTEWATER TREATMENT PLANT, CP 15-26.
E. DISCUSSION REGARDING A PROPOSED POLICY TO ALLOW THE
REQUIREMENT FOR SOLAR PHOTOVOLTAIC SYSTEMS AS PART OF
DISCRETIONARY APPROVALS FOR NEW RESIDENTIAL DEVELOPMENT
Planning Services Director Fagg presented the staff report and responded to City Council
inquiries.
Councilmember Kors recommended modifying the policy to eliminate the exemption for
low-income housing developments, and instead reflect that low-income housing
developments should receive a waiver if installing a solar photovoltaic system would
negatively impact the financial viability of the project.
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City Council Minutes January 3, 2018
Councilmember Middleton conveyed a desire for the policy to reflect that it is the City
Council's preference that solar photovoltaic systems be installed on all new residential
developments unless the applicant can demonstrate a need to reduce or eliminate the
requirement, subject to appeal to the Planning Commission and City Council.
Mayor Pro Tern Roberts and Councilmember Holstege expressed support for the policy
and associated modifications, noting their desire to ensure that the Planning Commission
has the discretion to waive the requirements, when appropriate.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to adopt Resolution No. 24354 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING A POLICY FOR THE PROVISION OF SOLAR
PHOTOVOLTAIC SYSTEMS AS PART OF DISCRETIONARY APPROVALS FOR
NEW RESIDENTIAL DEVELOPMENT," with the following modifications:
a. Paragraph 1 of the City Council Policy Statement for Solar Photovoltaic Systems for
New Residential Development, shall read as follows "In order to achieve the City's
goals for energy efficiency and greenhouse gas reduction, pursuant to the City of Palm
Springs General Plan and adopted Sustainability Plan, solar photovoltaic systems
be required shall be given preference to requiring as part of the discretionary review
process for new residential development in accordance with the provisions listed
below."
b. The policy be modified to reflect that the Planning Commission has discretion to waive
installation of photovoltaic systems if doing so would negatively impact the viability
of a low-income housing project.
c. Addition of the following verbiage"The applicant is responsible for demonstrating the
need to reduce the required wattage,or to eliminate the requirement. The applicant may
appeal such a determination by the Director of Planning Services to the Planning
Commission in accordance with the relevant provisions of the Zoning Code and a
determination by the Planning Commission may be appealed to the City Council in
accordance with Chapter 2.05 of the Palm Springs Municipal Code."
PUBLIC COMMENT
Shawn Nicholson, requested that the City Council support Senate Bill 330 to authorize cities and
counties to waive or reduce all building permit fees for improvements to a home of a veteran with
a qualifying disability that are made to accommodate that disability.
Mayor Pro Tern Roberts left the Council Chamber at 10:24 p.m.
Thomas Worthy, stated that he did not attack someone for their sexual orientation at the City
Council meeting of December 13,2017; stated that his intent is to attack Councilmember Kors and
Mayor Pro Tern Roberts for hypocrisy and this"LGBT'; continued to escalate his yelling and use
of profanity in an unintelligible manner.
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City Council Minutes January 3, 2018
Les Young, requested that the City Council reconsider its decision regarding a potential
Government Code Section 1090 claim as it relates to the Virgin Hotel.
Mayor Pro Tern Roberts returned to the Council Chamber at 10:27 p.m.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Mayor Moon requested that the City enhance its public noticing regarding available parking at the
new parking structure in the Downtown area; encouraged residents to participate in the Martin
Luther King Jr. Day celebration at the Church of St. Paul in the Desert on January 14, 2018.
Councilmember Kors encouraged residents to volunteer for the point-in-time homeless count
scheduled for January 23, 2018.
Councilmember Middleton noted that City staff is aware of Senate Bill 330 and will bring forward
a recommendation at a future City Council meeting.
ADJOURNMENT
At 10:30 p.m., the City Council adjourned to an Adjourned Regular Meeting of the City Council
to be held on January 24, 2018 at 6:00 p.m. in the Council Chamber, City Hall, located at 3200
East Tahquitz Canyon Way, Palm Springs, California.
Respectfully submitted,
I
Olt,ho J. jia, M
City Cler
� I
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