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City Council Staff Report
DATE: July 6, 2016 LEGISLATION
SUBJECT: AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 7.01.040 OF, AND ADDING SECTION 7.06.090
TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO NOW
DISCRIMINATION IN CITY CONTRACTING.
FROM: David Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
This Ordinance reaffirms the policy of the City to promote the principles of equal
opportunity in its contracting activities by including terms and conditions in its various
contracts that will require those seeking to do business with the city that they will treat
contractors, subcontractors, and employees equally and will not engage in
discrimination against their contractors, subcontractors, or employees because of their
actual or perceived race, color, religion, ancestry, national origin, disability, medical
condition, marital status, domestic partner status, sex, gender, gender identity, gender
expression, or sexual orientation or as a member of any other protected class.
RECOMMENDATION:
Waive text and introduce for first reading an Ordinance of the City Council "AN
ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 7.01.040 OF, AND ADDING SECTION 7.06.090 TO, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO NON-DISCRIMINATION IN CITY
CONTRACTING."
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed the proposed amendment to the Palm Springs Municipal Code and
determined that the proposed ordinance may have a significant adverse effect on the
environment. Therefore, consideration and approval of the ordinance is not subject to the
California Environmental Quality Act (CEQA), and no further study is needed. (Refer to
15061(b)(3) of the CEQA Guidelines.)
ITEM NO.
City Council Staff Report
July 6, 2015 -- Page 2
Non-Discrimination Ordinance
ANALYSIS
The City's general rules and regulations relating to procurement and contracts are
contained in Title 7 of the Palm Springs Municipal Code. Chapter 7.06 of the Code
discusses the terms and conditions that are typically required in various agreements and
contracts. The City currently includes general non-discrimination provisions in its
agreements. This is a general administrative requirement; it is not specifically mandated
in the Municipal Code. The proposed ordinance will include various non-discrimination
requirements as mandatory provisions in city contracts. These provisions will prohibit all
city contractors from discrimination on the basis of actual or perceived race, color,
religion, ancestry, national origin, disability, medical condition, marital status, domestic
partner status, sex, gender, gender identity, gender expression, or sexual orientation as
these terms are defined by California Law, or association with members of classes
protected under this Section or in retaliation for opposition to any practices forbidden
under this Section, against any person seeking accommodations, advantages, facilities,
privileges, services, or membership in all business, social, or other establishments or
organizations, operated by that contractor, and will also require each contractor to include
a similar provision in all subcontracts.
The ordinance also prohibits any contractor with a contract in excess of $10,000 to
discriminate in the provision of typical employee benefits between employees on the
basis of an employee's, employee's spouse's, employee's domestic partner's, or
dependent's actual or perceived race, color, religion, ancestry, national origin, disability,
medical condition, marital status, domestic partner status, sex, gender, gender identity,
gender expression, or sexual orientation as these terms are defined by California Law.
The proposed ordinance requires that each contractor will submit certifications of the
contractor's compliance with the provisions of the requirements of the ordinance.
As enforcement will be "complaint based", the ordinance also requires contract provisions
that will allow the City to review, monitor, and investigate compliance and requires that
each contractor will allow full access to applicable records. The ordinance provides for
enforcement and appeals to the City Manager while retaining the City Council's call-up
option in the event the Council wishes to review any administrative action in the
enforcement of the ordinance. The City Manager also has the ability to waive
requirements of the ordinance with the consent of the Council under specified
circumstances. The City Manager is also required to provide an annual report on the
administrative implementation of the ordinance.
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City Council Staff Report
July 6, 2015 -- Page 3
Non-Discrimination Ordinance
FISCAL IMPACT:
Additional costs will be incurred in the revision of contract language to implement the
requirements of the ordinance and to perform the ongoing basic administrative
requirements of the program. It is anticipated that these additional costs will be minimal,
as enforcement will be complaint based.
Douglas Holland, City Attorney David Ready, City Ma
C: Ordinance
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ORDINANCE NO.
AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 7.01.040 OF, AND ADDING SECTION
7.06.090 TO, THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO NON-DISCRIMINATION IN CITY CONTRACTING.
City Attorney's Summary
This Ordinance requires the inclusion of various non-discrimination
requirements as contract terms and conditions in all agreements
where the City is a part. These provisions include various non-
discrimination contract terms that will require those seeking to do
business with the City that they will treat contractors,
subcontractors, and employees equally and will not engage in
discrimination against their contractors, subcontractors, or
employees because of their actual or perceived race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, domestic partner status, sex, gender, gender identity,
gender expression, or sexual orientation or as a member of any
other protected class.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
Section 1. Section 7.01.040 is amended by amending and or adding the
following definitions therein:
"City Manager' means the City Manager of the City, or the designee of the City
Manager who shall be an Assistant City Manager, Department Head, or an
independent third party hearing officer.
"Contract" means all types of city agreements, regardless of what they may be
called, for the procurement of goods, supplies, services, or construction,
including without limitation an award of a grant or a real property agreement. For
the purpose of this Chapter, the term "contract" includes "subcontract."
"Contract Administrator" means the Department Head or other city employee
designated by the City Manager to administer a Contract between the City and a
Contractor and oversee and monitor the Contractor's performance under the
terms of the Contract.
"Contractor" means any person having a contract or purchase order with the City.
For the purpose of this Chapter, the term "contractor' includes "subcontractor'
and any person who is a party to a real property agreement as defined in this
Section.
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"Domestic partner' shall mean any person who has a currently registered
domestic partnership with a governmental body pursuant to State or local law
authorizing such registration.
"Real property agreement" means any agreement for the sale, lease, or use of
real property owned by or in the lawful possession of the City, including without
limitation concessions, franchises, and easements.
"Subcontract" shall mean an agreement to (i) provide goods and/or services,
including construction labor, materials or equipment, to a contractor, if such
goods or services are procured or used in the fulfillment of the contractor's
obligations arising from a contract with the City, (ii) to transfer the right to occupy
or use all or a portion of a real property interest subject to a property contract to a
subcontractor and pursuant to which the contractor remains obligated under the
property contract.
"Subcontractor' means any person or persons, firm, partnership, corporation or
any combination thereof, who enters into a subcontract with a contractor. Such
term shall include any person or entity who enters into an agreement with any
subcontractor for the performance of 10 percent or more of any subcontract.
Section 2. Section 7.06.090 is added to the Palm Springs Municipal Code to
read:
7.06.080 Non-Discrimination in Contracting
(1) Statement of Policy.
(a) It is the policy of the City to promote the principles of equal
opportunity in its contracting activities by assuring that those seeking to do
business with the city will treat contractors, subcontractors, and
employees equally and will not engage in discrimination against their
contractors, subcontractors, or employees because of their actual or
perceived race, color, religion, ancestry, national origin, disability, medical
condition, marital status, domestic partner status, sex, gender, gender
identity, gender expression, or sexual orientation or as a member of any
other protected class.
(b) It is also the policy of the City to ensure that work performed on
behalf of the City is done in a cost effective and high level manner.
Employees who are treated fairly are more productive in their jobs and
less likely to change jobs, thus helping to ensure that government
contracts are both cost effective and completed in a professional manner.
(2) Basic Contract Requirement Prohibiting Non-Discrimination.
All contracts shall include provisions prohibiting discrimination on the basis
of actual or perceived race, color, religion, ancestry, national origin, disability,
medical condition, marital status, domestic partner status, sex, gender, gender
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identity, gender expression, or sexual orientation as these terms are defined by
California Law, or association with members of classes protected under this
Section or in retaliation for opposition to any practices forbidden under this
Section, against any person seeking accommodations, advantages, facilities,
privileges, services, or membership in all business, social, or other
establishments or organizations, operated by that contractor, and shall require
such contractor to include a similar provision in all subcontracts.
(3) Requirement Prohibiting Discrimination in the Provision of Benefits.
(a) No contractor of the City with a contract in the amount of ten
thousand dollars ($10,000.00) or more shall discriminate in the provision
of health benefits, bereavement leave, family medical leave, moving
expenses, pensions or retirement benefits, travel benefits, or membership
or membership discounts between:
(i) employees on the basis of an employee's, employee's
spouse's, employee's domestic partner's, or dependent's actual or
perceived race, color, religion, ancestry, national origin, disability,
medical condition, marital status, domestic partner status, sex,
gender, gender identity, gender expression, or sexual orientation as
these terms are defined by California Law;
(ii) employees on the basis of an employee's or dependent's
actual or perceived gender identity, including, but not limited to, the
employee's or dependent's identification as transgender; or.
(iii) employees with spouses and employees with domestic
partners, or discrimination between employees with spouses or
domestic partners of a different sex and employees with spouses or
domestic partners of the same sex, or discrimination between
same-sex and different-sex domestic partners of employees or
between same-sex and different-sex spouses of employees.
(b) For purposes of this Section, an employee health plan is
discriminatory if the plan is not consistent with California Law including,
but not limited to, Section 1365.5 of the Health and Safety Code and
Section 10140 of the Insurance Code.
(4) Certification.
Every contractor shall submit a nondiscrimination certificate in a form acceptable
to the City Manager. No contract shall be awarded until the contractor has
submitted to the city such certificate. The certificate shall contain the following:
(a) Contractor certifies and represents that, during the performance of
the contract, the contractor and any other parties with whom it may
subcontract shall adhere to the City's non-discrimination and equal
benefits as provided in the Section to assure that applicants and
employees are treated equally and are not discriminated against
because of their actual or perceived race, color, religion, ancestry,
national origin, disability, medical condition, marital status, domestic
partner status, sex, gender, gender identity, gender expression, national
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origin, ancestry, or sexual orientation. Contractor further certifies that
it will not maintain any segregated facilities.
(b) Contractor shall, in all solicitations or advertisements for applicants
for employment placed by or on behalf of this contract, state that it is an
"equal opportunity employer' or that all qualified applicants will receive
consideration for employment without regard to their actual or perceived
race, color, religion, ancestry, national origin, disability, medical condition,
marital status, domestic partner status, sex, gender, gender identity,
gender expression, or sexual orientation.
(c) Contractor shall, if requested to so do by the Contract
Administrator, certify that it has not, in the performance of this contract,
discriminated against applicants or employees because of their actual or
perceived race, color, religion, ancestry, national origin, disability, medical
condition, marital status, domestic partner status, sex, gender, gender
identity, gender expression, or sexual orientation.
(d). If requested to do so by the Contract Administrator, contractor shall
provide the city with access to copies of all of its records pertaining or
relating to its employment practices, except to the extent such records or
portions of such records are confidential or privileged under state or
federal law.
(e) Contractor agrees to recruit Coachella Valley residents initially and
to give them preference, if all other factors are equal, for any new
positions which result from the performance of this contract and which are
performed within the city. The Contract Administrator may agree to modify
requirement where it is in conflict with federal or state laws or regulations
(f) Nothing contained in this contract shall be construed in any manner
so as to require or permit any act which is prohibited by law.
(g) The contractor shall include the provisions set forth in paragraphs
(a) — (f) of this Subsection (4) of this Section, inclusive, in each of its
subcontracts.
(5) Investigation and Monitoring.
All contracts shall include appropriate provisions that will allow the
Contract Administrator to review, monitor, and investigate compliance with this
Section and to require each contractor to allow and provide full access to all
applicable records, rules, regulations, documents, and other pertinent data
necessary for the qualitative and quantitative evaluation of each contractor's
compliance with the provisions of this Section.
(6) Enforcement and Appeals.
(a) In the event the Contract Administrator determines the Contractor is
not in substantial compliance with the provisions of this Section, the
Contract Administrator may recommend to the City Manager, the initiation
of one or more of the following rights and remedies described in this
subsection, in addition to any rights and remedies otherwise provided in
the applicable contract or by law or equity:
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(i) Termination of the contract and bar the contractor from
bidding on future contracts with the City for two (2) years from the
effective date of the contract termination;
(ii) Assess liquidated damages in the amounts specified in the
contract where it is found the Contractor willfully violated the
requirements of this Section; and
(iii) Seek recovery of reasonable attorneys' fees and costs
incurred for enforcement of this Section.
(b) The Contract Administrator shall issue written findings and mail a copy
of the findings to the Contractor by first class mail and by any other means
provided in the contract.
(7) Appeals.
(a) Within five (5) business days of the notice of the Contract
Administrator's findings, the Contractor may file a written appeal of the
Contract Administrator's determinations to the City Manager.
(b) The City Manager shall set the matter for hearing and shall cause a
Notice of Hearing to be given to the Contractor and to such other persons
as may have identified themselves as interested in the decision and as
otherwise required by the California Ralph M. Brown Act.
(c) The hearing shall be conducted as an independent reexamination
of the matter. The Contractor shall have the burden of proof in all cases,
and if the Contractor fails to appear either in person or by counsel, or fails
to present or offer any evidence, the City Manager may adopt the decision
of the Contractor Administrator or may decide the matter upon the record
with or without taking any additional evidence. Any oral or documentary
evidence may be received, but the City Manager shall exclude irrelevant,
immaterial or unduly repetitious evidence. The City Manager's decision
shall be made upon substantial evidence. In other words, if an essential
finding is based upon hearsay or secondary evidence, such evidence
must be of the type which would be admissible in a court of law as proof of
such finding.
(d) Upon the hearing of the appeal the City Manager may refer the
matter back to the Contract administrator with directions for further
consideration, or the City Manager may reverse, affirm, or modify the
decision as may appear just and reasonable in light of the evidence
presented. The decision of the City Manager shall be supported by written
findings and shall include the reasons for the ruling. Notice of the City
Manager's decision shall be served on the Contractor, the Contract
Administrator, and the City Clerk. The decision shall be final unless City
Council agrees to review the matter pursuant to Section 2.06.030 of this
Code..
(8) Exceptions and Waivers.
(a) The City Manager, with the consent of the Council, may waive the
requirements of this Section under the following circumstances:
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(i) Whenever the City Manager finds that there is only one
prospective contractor willing to enter into a real property
agreement with the City for use of City property on the terms and
conditions established by the City, or that the needed goods,
services, construction services for a public work or improvement, or
interest in or right to use real property are available only from a sole
source, and the prospective contractor is not currently disqualified
from doing business with the City, or from doing business with any
governmental agency based on any contract compliance
requirements;
(ii) Where the City Manager certifies in writing to the City
Council that the contract or real property agreement is necessary to
respond to an emergency which endangers the public health or
safety and no entity which complies with the requirements of this
Chapter capable of responding to the emergency is immediately
available; provided that such certification must be made prior to or
within twenty-four (24) hours of execution of the contract or real
property agreement on behalf of the City;
(iii) Where the City Attorney certifies in writing to the City Council
that the contract involves specialized litigation requirements such
that it would be in the best interests of the City to waive the
requirements of this Chapter; provided such certification is made
prior to execution of the contract on behalf of the City.
(b) This Chapter shall not apply where the prospective contractor is a
public entity and the City Manager finds that goods, services, construction
services for a public work or improvement or interest in or right to use real
property of comparable quality or accessibility as are available under the
proposed contract or property contract are not available from another
source, or that the proposed contract or property contract is necessary to
serve a substantial public interest.
(c) This Chapter shall not apply where the City Manager finds that the
requirements of this Chapter will violate or are inconsistent with the terms
or conditions of a grant, subvention or agreement with a public agency or
the instructions of an authorized representative of any such agency with
respect to any such grant, subvention or agreement, provided that the
contracting officer has made a good faith attempt to change the terms or
conditions of any such grant, subvention or agreement to authorize
application of this Chapter.
(d) Upon the request of a potential contractor or upon the contracting
officer's own initiative, after taking all reasonable measures to find an
entity that complies with the law, the City Manager may waive any or all of
the requirements of this Chapter for any contract, real property agreement,
or bid package advertised and made available to the public, or any
competitive or sealed bids received by the City under the following
circumstances:
(i) Where the City Manager determines that there are no
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qualified responsive bidders or prospective contractors who could
be certified as being in compliance with the requirements of this
Chapter and that the contract or real property agreement
is for goods, a service, or a project that is essential to the
City or City residents; or
(ii) Where the City Manager determines that transactions
entered into pursuant to bulk purchasing arrangements through
federal, State, or regional entities which actually reduce the City's
purchasing costs would be in the best interests of the City; or
(iii) Where the City Manager determines that the requirements of
this Chapter would result in the City's entering into a contract with
an entity that was set up, or is being used, for the purpose of
evading the intent of this Chapter, which is to prohibit the City from
entering into contracts with entities that discriminate based on the
criteria set forth in this Chapter;
(e) The waiver authority granted to City Manager in this Section shall
be subject to the requirements that:
(i) All proposed waivers must set forth the reasons the City
Manager officer is requesting the waiver, what steps were taken to
find an entity that complies with this Chapter and why the waiver
does not defeat the intent of this Chapter, which is to prohibit the
City from entering into contracts with entities that discriminate
based on the criteria set forth in this Chapter. Such waivers shall
be filed in the Office of the City Clerk and a notice of such waiver
shall be presented to the City Council on the next available City
Council agenda, and
(ii) For any contract or real property agreement subject to
approval by the City Council, the City Manager shall include a
statement in the approving resolution and related staff report
whether any waiver under this Section is proposed for that contract,
and
(9) Annual Reports. The City Manager shall conduct an annual
comprehensive review of the administrative implementation of the provisions of
this Section, including without limitation, the use of the waiver authority under
Subsection (9) and the disposition of complaints of contractor non-compliance
with any provision of this Section, and shall submit a report to the City Council.
Section 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and posted pursuant to the provisions of law and this
Ordinance shall take effect thirty (30) days after passage.
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Jay Thompson
From: Kenny Cassady <kenny@egca.org>
Sent: Wednesday,July 06, 2016 11:40 AM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts; David Ready;Jay
Thompson
Subject: Support for non-discrimination bills tonight
Dear Council Members and Staff,
I'm writing today to express support for the two non-discrimination bills on your agenda this evening. I hope
you'll vote unanimously to approve both. It is very important for Palm Springs to lead on non-discrimination
laws.
As someone who has dedicated much of his time and professional energy to helping create a safe environment
and fair and just society for all Americans through my work at Equality California here in Palm Springs, I
greatly appreciate your leadership and action to approve these new laws.
Thank you for your attention and all that you do for our City.
Respectfully,
Kenny Cassady
Director of Development and Corporate Partnerships
Equality California I Equality Calilornia Institute
760.641.0082 Mobile
318 N. Palm Canyon Drive
Palm Springs, CA 92262
Los Angeles Headquarters.
202 W.1 st St.,Suite 3-0130
Los Angeles,CA 90012
Fax 323.848.9246
07 — OCR— 2Loi (p
Jay Thompson
From: Paul Zak <paulinps@icloud.com>
Sent: Saturday,July 02, 2016 11:44 AM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts
Cc: David Ready; Jay Thompson
Subject: Several Matters before the Council
Dear Mr. Mayor and Members of the City Council:
I am writing in rfeerence to several matters which will be coming before you in the short-term. Unfortunately I
am unable to make Wednesday meetings, so I am writing instead, and wish my comments to be part of the
official record. These are not listed in order of importance.
Prayer at Council Meetings:
I think prayer should be abolished as a separate religious invocation. I believe in separation of Church
and State and I think having prayer at governmental meetings may confuse the separation, especially when
prayer is given a special place at the beginning of meetings. Also, with the recent spate of so-called"religious
freedom" bills being proposed and enacted around the country, we need to be doubly careful to preserve the
separation. Official prayers by official representatives of whatever faith community have no place at City
Council meetings. If someone during public comments wishes to offer a prayer, that is their right. It then
carries the weight of any other pubic comment.
Public restrooms and Transgender people:
I would advocate for all single person bathrooms at public facilities to be all gender, marked with
appropriate signage. I would also hope City Council would pass an ordinance that anyone doing business in
Palm Springs needs to make their single person bathroom all gender. For any facilities having multi-person
male and female bathroom designations, I also believe that transgender people should be able to use the
bathroom of the gender with which they identify, and I think City ordinances should mandate this.
City contracting:
The City of Palm Springs should be prohibited from contracting with entities that discriminate based on
race, religion, sexual orientation, gender identity, nationality, disability, etc. The prohibition should include
those who do not provide equal benefits to their employees and their spouses/domestic partners
Gun Safety:
The United States is out of hand with the availability of weapons. The interpretation of the Second
Amendment has run amok, and we need sensible gun legislation, such as the following;
1. universal background checks to purchase guns and/or ammunition;
2. a ban on assault weapons and high-capacity magazines;
3. a pro-active ability on the part of physicians, mental health professionals, police to ban those
considered a danger to self or others from having access to guns until such time as their status may change;
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4. the prohibition of people who are on the terror watch list and banned from flying from
buying/owning guns. I realize that the terror watch list can be inaccurate and that people need a right to due
process to clear their names. However, the principle of"no fly- no buy" remains valid.
5. a requirement that guns have locks, to keep guns locked if not in the owner's control
6. a requirement to report lost or stolen guns to police within 48 hours of when the owner knew or
should have known of the theft.
Vacation Rentals:
I think the City should impose a moratorium on issuing permits for additonal vacation rentals until
March 2017. This issue needs to be studied more in terms of density of vacation rentals in neighborhoods, how
effective current enforcement is and where the gaps are; the possibility of stricter financial penalties for abuse
of City ordinances (noise, parking, etc); compliance with ADA regulations.
I realize that vacation rentals bring in TOT. Once that is mentioned it seems many people want to end
the conversation. But quality of life in our neighborhoods trumps TOT from vacation in rentals, in my
opinion. But, I do not believe it has to be "either-or." To find solutions will take some time and issuing the
moratorium gives some breathing space to come up with solutions which might be better for Palm
Springs. Anaheim has banned all vacation rentals because of their proliferation and associated problems. I do
not think we necessarily want to get to that point but the status quo is not sufficient to allow us permanent Palm
Springs residents to enjoy the quiet use of our property in a real neighborhood, not one transformed into mini-
motels with a constant influx of strangers who have no investment in the neighborhood.
Thank you.
Sincerely,
Paul Zak
2177 Pasco Roseta
Palm Springs, CA 92262
yaulinps a6cloud.com
2
Jay Thompson
From: Jack Newby <jack.newby92264@gmail.com>
Sent: Wednesday,July 06, 2016 2:06 PM
To: Jay Thompson; Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;1R Roberts
Cc: Jack Newby
Subject: Written Testimony Being Submitted Regarding Two Items on the Agenda for the City of
Palm Springs City Council Meeting of July 6, 2016
Attachments: TestimonytoPSCityCouncil-7-6-16.pdf
Dear Honorable Mayor Moon and Members of the Palm Springs City Council,
I have submitted directly to the City Clerk's Office via this email with copies to each of you individually, my
written testimony that I would like to be made part of the official record in your deliberations and consideration
of two items on tonight's agenda. The letter is only three (3) pages long, but I believe sets forth my concerns
and also suggests realistic solutions that could resolve what I see as serious problems with these two items. The
two items are:
Item 313: PROPOSED ORDINANCE AMENDING THE PALMN SPRINGS MUNICIPAL CODE,
RELATING TO NON-DISCRIMINATION IN CITY CONTRACTING.
Item 517: The Consideration of the City of Palm Springs to enact a gun control ordinance in the wake of the
tragic Orlando shootings. I believe certain provisions that appear in the Staff Report are Unconstitutional and
could end up costing the City of Palm Springs or the Riverside County Prosecutors Office considerable amounts
of money to put forth. It is also possible that if this is found to be Unconstitutional that it would put The City of
Palm Springs, locally, regionally, or even perhaps Nationwide in a bad light. We do not need that.
I ask that you read this two and one-half page letter prior to your consideration of these Agenda Items.
Thank you for the opportunity to participate in my City Government.
Respectfully,
Jack Newby
2701 Pintura Cir S
Palm Springs, CA 92264
t i �, 33 ly s, r,
Jack M. Newby
2701 Pintura Circle South
Palm Springs,CA 92264
Phone: 760-325-6393
Cell: 760-333-4969
e-mail: Jack.NewbvAyerizon.net
July 6,2016
Honorable City Council
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
Re: Written Testimony to be Considered on Two Agenda Items on the Agenda for
July 6,2016
Dear City Council:
This letter is being written and I ask that it be considered regarding two agenda items on the City
Council Agenda for July 6, 2016. I will set forth my written testimony in accordance with the
order the item appears on the agenda.
Item 3B: 3.13. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL CODE,RELATING TO NON-DISCRIMINATION IN CITY CONTRACTING:
My concerns that this proposed ordinance is vague, ambiguous, unnecessarily burdensome to
small businesses doing business with the City of Palm Springs and could have serious
unintended consequences to businesses and other entities contracting with the City of Palm
Springs.
Section 2(3)
Unnecessarily Burdensome: The threshold to "trigger" the application of this ordinance for
businesses and other entities doing business with the City of Palm Springs is $10,000.00. I
believe this level if far too low and will probably impact small businesses that are currently
providing contract services to the City of Palm Springs. Why? These businesses may be
providing health insurance to their employees. If they are required to then provide health
insurance to married spouses, domestic partners and others named in the ordinance, it may prove
too expensive depending on the vague and ambiguous provisions of this proposed ordinance.
The end result could be that our local businesses may stop doing business with the City of Palm
Springs because they would actually lose money on a$10,000.00 contract or, significantly
increase the"share of cost'for health insurance for their employees who may then find
themselves uninsured. In addition, small businesses will be experiencing and 50%increase in
minimum wage over the next few years because of the$15.00 per hour minimum wage recently
passed in California. Although I support this increase, I have experienced in my budgeting for
my workplace very difficult decisions regarding the upcoming minimum wage increases that we
need to put in our budget. For every employee working full time;the increase is $1,040.00 per
year plus additional taxes, workers compensation and other benefits. So the real amount is
Jack M. Newby
approximately$1,200.00 per minimum wage employee. The other consequence of this increase
is that if you have an employee who has worked hard and is making more money per hour and
then finds that a new hire is making the same or slightly less. Of course,the experienced
employee who has worked hard will be resentful about this situation. Accordingly,the employer
must increase other wages of workers to avoid this situation or potentially lose a valuable
employee
Recommendation Regarding Unnecessarily Burdensome: I would suggest two provisions to
change the threshold so small businesses can continue to do business with the City of Palm
Springs. The provisions are:
1. Increase the threshold amount to contracts of$100,000.00 or more;
2. The ordinance only applies to business of 50 or more employees.
The Proposed Ordinance is Vague and Ambiguous: The proposed ordnance as it now stands
is vague and ambiguous as to how the employer provides insurance to spouses, domestic partners
and others as outlined in the ordinance. Some employers offer health insurance with a"share of
cost"to the employee because of the continued increases in the cost of health insurance. Many
of these employers will also offer insurance to the spouse or domestic partner at the full cost of
the insurance and the employee,or their spouse/domestic partner will be responsible for making
the full payment monthly or lose their coverage.
Consequences of this ordinance being Vague and Ambiguous: The potential unintended
consequences of this ordinance may result in small businesses no longer offering health
insurance to their employees, especially if they have to offer the insurance to the
spouse/domestic partner on the same terms of the employee with only the`-share of cost." The
added burden could potentially harm this business to the extent that they may stop doing
business and the City of Palm Springs will lose a tax generating small business that employs
local citizens and we will have another vacant storefront in Palm Canyon Boulevard or other
areas of the City.
Recommendation: Clarify exactly under what terms the firm contracting with the City of Palm
Springs must provide health insurance to spouses/domestic partners. This is especially important
because the company doing business must certify to the City as a provision of their contract that
they are offering the insurance to spouses/domestic partners of their employees.
Section 4 (e): This section is concerning because of the provision that preference in hiring must
be given to Coachella Valley Residents. I understand and applaud the intent to help employ
Coachella Valley residents and mostly agree with this provision. however, I believe this is an
undue burden on employers that may utilize a recruitment firm for a National search to make
sure they have found the best person for the position. Recruitment firms for a National Search
are not inexpensive. In fact,their fees could be in the thousands of dollars. This provision
impedes an employer from finding all employee that the truly believe is the best,most qualified
person for the position, This section of the proposed ordinance allows the employer to "make a
case'for an exception. This is just another hurdle imposed on our local employers. Finally,
perhaps this entire section should be eliminated because it appears that it might be in"conflict
with federal or state laws, or regulations." (emphasis added to highlight the exact language in
the proposed ordinance) This provision also adds another burden to the Contract Administrator.
Jack M. Newby
Aeenda Item 5F: I really don't understand why a City of about 40,000 people would even
consider such an ordinance, especially in light of the recent increased regulations passed by our
State Legislature. However if it is to be considered, I would like to express my concerns on two
proposed provisions from the Staff Report:
Item b): I strongly believe that this provision is Unconstitutional and could be used as a pretext
to inspect a home for determining if firearms are stored safely in the home. First, "stored safely"
is not defined, so is therefore vague and ambiguous. If such an ordinance is ever considered,
"stored safely"must be defined so the homeowner knows what they need to do. My major
concern is the"pretext"to enter a home to inspect for"stored safely"firearms when the
"inspector"did not have sufficient evidence to procure a warrant to enter the property. Then, the
"inspector"notes not only that firearms are not"stored safety"but also notices that the
individual is engaged in other criminal activity such as drug sales and the amount of drugs
clearly show they are in the quantities for sale and therefore make an arrest for criminal charges
on the other items found in the private residence of a resident of Pahn Springs . This could apply
to any items that may be found on this"inspection"that could result in an arrest on criminal
charges and the"inspector"entered the private residence without a warrant. I strongly believe
that this could cause considerable costs to the City of Palm Springs,the County Prosecutors
Office in order to justify an warrantless search. It could possibly be appealed to a higher court
and Palm Springs would be forever"tainted"with attempting to find a way around securing a
warrant to enter a private residence in order to"inspect"for firearms that are not"stored safely"
I don't think we want that kind of publicity.
Item e): Please see above argument regarding Item b) as I believe it would also apply to
vehicles.
Thank you for your consideration of this written testimony.
R sp ctfully,
Jac Newby
2701 intuta Cir S
Palm Springs, CA 92264
Jay Thompson
From: Desert Stonewall Democrats <desert.stonewall@gmail.com>
Sent: Wednesday, July 06, 2016 1:53 PM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts;Jay Thompson
Cc: Jennifer Nelson; Citymanager- Mail Login
Subject: Ordinances on tonight's agenda (7/6/2016)
Expires: Monday,January 02, 2017 12:00 AM
Dear City Council Members and Mayor,
We are writing to express our support of various ordinances that will be before you at this evening's City
Council meeting, July 6, 2016.
At a General Meeting of the Desert Stonewall Democrats ("DSD"),the membership voted to support the
nondiscrimination/equal benefits in contracting and the all gender single bathroom ordinances that you will
consider this evening. We strongly urge you to support and vote in favor of both measures.
The Steering Committee of the DSD voted at their meeting last night to support the draft ordinance on gun
safety. We strongly urge you to support and vote in favor of the ordinance as drafted.
We also support the proposed change to City Council meetings that would eliminate the Invocation. Council
Members Foat, Kors and Roberts and Mayor Moon all stated when completing the DSD Candidate
Questionnaire that they did not support prayer by religious officials at government meetings and functions. We
trust that all will abide by this written commitment and vote in support of the proposed change.
Regards,
Steering Committee
Desert Stonewall Democrats