Video index

Mayor Moon called the meeting to order at 4:02 p.m.

Councilmember Mills, Mayor Pro Tem Foat and Mayor Moon were present.

At 4:03 p.m. the Mayor, City Council, City Manager, and City Attorney recessed to Closed Session.

03-15-2017 Closed Session Agenda

At 5:38 p.m. David Ready, City Manager, stated he has a conflict of interest and will not participate with respect to the property negotiations at APN 513-460-033 (Right-of-Way) with 4348 Lockwood Avenue, LLC and exited the Small Conference Room.

PUBLIC COMMENT (Council Chamber): None.

6:00 p.m. CALL TO ORDER:

Roll Call: 6 members present, 0 members absent, 0 members excused.

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

1.A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF FEBRUARY 2017:

Item 1A Staff Report

1.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

1.C. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2017:

Item 1C Staff Report

1.E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 125-126 (RACQUET CLUB COTTAGES WEST HD-3):

Item 1E Staff Report

1.F. ACCEPTANCE OF MESQUITE AVENUE STREET IMPROVEMENTS, CP 12-01:

Item 1F Staff Report

1.H. APPROVE ISSUANCE OF AN ENCROACHMENT LICENSE FOR INSTALLATION AND MAINTENANCE OF A GREASE INTERCEPTOR LOCATED AT 1551 N. PALM CANYON DR., ENGINEERING FILE NO. EL 16-03:

Item 1H Staff Report

1.I. APPROVAL OF THE INCLUSION OF PROPERTIES WITHIN THE CITY OF PALM SPRINGS IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) OPEN PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM:

Item 1I Staff Report

1.K. APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. A5728 WITH ADVANCED, INC. DBA PROGREEN BUILDING MAINTENANCE FOR A FIVE (5) MONTH CONTRACT SERVICE EXTENSION FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:

Item 1K Staff Report

1.L. ACCEPT THE RESIGNATION OF BONNIE RUTTAN FROM THE PUBLIC ARTS COMMISSION:

Item 1L No Staff Report

1.M. APPROVE ADDITIONAL FUNDING FOR COUNSELING AND CRISIS INTERVENTION SERVICES WITH THE COUNSELING TEAM INTERNATIONAL FOR CRITICAL INCIDENTS:

Item 1M Staff Report

EXCLUDED CONSENT CALENDAR:

1.D. LETTER FROM MISSION SPRINGS WATER DISTRICT (MSWD) REGARDING THE CONSTRUCTION OF WASTEWATER FACILITIES AND DEVELOPMENT OF COLLECTION FACILITIES IN THE I-10/INDIAN CANYON BUSINESS CORRIDOR:

Item 1D Staff Report

Mayor Pro Tem Foat requested a staff report.

David Ready, City Manager, provided background information and stated this is a receive and file item.

Motion to approve and receive and file the letter from Mission Springs Water District (MSWD). Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat.

Vote to approve and receive and file the letter from Mission Springs Water District (MSWD). (Approved)

1.G. SUNLIGHT PEAK LLC (DBA: “EPIC HOTEL”), FOR A CONDITIONAL USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD, ZONE R-3 (CASE 5.1404 CUP):

Item 1G Staff Report

Mayor Pro Tem Foat stated the Subcommittee met on this and are very concerned about the issues and feels they were misled. Projects need to be presented truthfully so Council can act on facts.

Councilmember Kors questioned whether we only notified property owners.
Flinn Fagg responded only property owners were notified and stated the owners have the obligation to notify their tenants.
Councilmember Kors stated these types of situations affect tenants just as much as owners and there should be a policy requiring they be notified.
He visited the property and witnessed tenants living there who are not drug dealers, derelicts etc. as they were being portrayed by the owner during prior testimony.
He feels this should go back to the Planning Commission or additional conditions should be placed on this project.

Mayor Pro Tem Foat would like the Council's support in sending this back to the Planning Commission now that they know the tenancy situation was not portrayed truthfully.

Councilmember Roberts asked what additional conditions Mayor Pro Tem Foat and Councilmember Kors are proposing.
Councilmember Kors responded stating every tenant, from the date the application was proposed to convert to a hotel, who has left or leaves due to action by the landlord should be provided the following:
1) Three months rent minimum, plus one additional month for every year they were there in excess of three years.
2) 90 days notice of eviction, rent increase by no more than the cost of living, or non-renewal of their rental agreement.
3) The owner will provide the City with a list of all tenants and their address as of the date they applied for a permit within 15 days.
4) The owner will notify the City within 15 days of providing notice of eviction or non-renewal to the tenant.
5) A letter will be sent by the applicant or the City to the tenant, as determined by the City Manager, outlining the process and their rights to notice and relocation expenses.

Councilmembers Kors and Foat requested clarification on whether the owner could proceed with the conversion without a Conditional Use Permit (CUP) and Flinn Fagg responded stating a Conditional Use Permit is required when more than 10% of the units have kitchens. If the kitchens were removed the owner could convert without being subject to additional conditions because it would be a right.

Councilmember Roberts stated this appears to be a policy issue and not a land use issue and Flinn Fagg concurred.

Councilmember Mills stated the City Council can condition the project; however, the applicant can decide not to install the kitchens thereby not needing a CUP and probably will end up doing just that. He questioned applicability if there is a month to month arrangement and not a lease and the City Attorney clarified by stating the phrase "rental agreement" should be used instead of "lease" so it encompasses any variation.

Councilmember Kors reiterated conditions.

Mayor Moon urged caution with policy is being created as it needs to be consistently followed with future applicants.

Councilmember Roberts concurred with the Mayor that policy is being created and supports placing the conditions on this project since the City Council was lied to in this instance. He urged for policy change to come before them sooner than than later.

Mayor Pro Tem Foat provided assurance the policy would be focused on by the subcommittee and brought back to the City Council for action.

Motion to approve Adopt Resolution No.24193, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1404 CUP, A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD.”
The following conditions are to be made available to every tenant, from the date the application was proposed to convert to a hotel, who has left or leaves due to action by the landlord:
1) Three months rent minimum, plus one additional month for every year they were there in excess of three years.
2) 90 days notice of eviction, rent increase by no more than the cost of living, or non-renewal of their rental agreement.
3) The owner will provide the City with a list of all tenants and their address as of the date they applied for a permit within 15 days.
4) The owner will notify the City within 15 days of providing notice of eviction or non-renewal to the tenant.
5) A letter will be sent by the applicant or the City to the tenant, as determined by the City Manager, outlining the process and their rights to notice and relocation expenses. Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat.

Vote to approve Adopt Resolution No.24193, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1404 CUP, A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD.”
The following conditions are to be made available to every tenant, from the date the application was proposed to convert to a hotel, who has left or leaves due to action by the landlord:
1) Three months rent minimum, plus one additional month for every year they were there in excess of three years.
2) 90 days notice of eviction, rent increase by no more than the cost of living, or non-renewal of their rental agreement.
3) The owner will provide the City with a list of all tenants and their address as of the date they applied for a permit within 15 days.
4) The owner will notify the City within 15 days of providing notice of eviction or non-renewal to the tenant.
5) A letter will be sent by the applicant or the City to the tenant, as determined by the City Manager, outlining the process and their rights to notice and relocation expenses. (Approved)

1.J. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING MARCH 19, 2020:

Item 1J Staff Report

Motion to approve Appoint Jhan Schmitz, as the City of Indio representative, to the Palm Springs International Airport Commission for the term ending March 19, 2020. Moved by Councilmember Mills, seconded by Councilmember Roberts.

Vote to approve Appoint Jhan Schmitz, as the City of Indio representative, to the Palm Springs International Airport Com

1.N. REPEALING AND SETTING ASIDE APPROVAL OF RESOLUTION NO. 23415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN MODIFYING THE GENERAL PLAN'S TREATMENT OF RESIDENTIAL LAND USE DENSITIES:

Item 1N Staff Report

Councilmember Kors stated his question on this item has been answered.

Motion to approve Adopt Resolution No. 24195, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING AND OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NO. 23415 RELATING TO AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN REVISING RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING CLOSED RANGES.” Moved by Councilmember Mills, seconded by Councilmember Kors.

Vote to approve Adopt Resolution No. 24195, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING AND OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NO. 23415 RELATING TO AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN REVISING RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING CLOSED RANGES.” (Approved)

Mayor Pro Tem Foat left the dais as she has a conflict on Item 2A.

2.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2017-2018 ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION; AND AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 43rd PROGRAM YEAR; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SUBRECIPIENT AGREEMENTS:

Item 2A Staff Report

Dale Cook, Community Development Administrator, provided a staff report on Item 2A.

Councilmember Kors clarified that the Fair Housing Council will be staffed five days a week in Palm Springs. He questioned how this is publicized to residents to let them know we have this service and Dale Cook responded that it's advertised on our website as well as the Fair Housing Council's website and that they make presentations to various community groups and the realtor association.

Mayor Moon questioned why the Neuro Vitality Center was declined funding and Dale Cook responded stating they did not show up to defend their request when it was being reviewed, the work being proposed was interior work which the reviewing committee perceived to be of a lower priority, one component was ceiling acoustic material removal which may contain asbestos and could prolong the project duration over mediation of the hazardous waste items.

Councilmember Mills questioned the specific locations on Item 4 so he can determine if he has a conflict, after which he stated he has a potential conflict near the Sunrise Way and Ramon Road location.

Councilmember Mills left the dais.

Jack Newby Spoke on behalf of Mizell Senior Center, thank staff and Council, this the the 2nd phase of what was approved last year.

Chris O'Hanlon, Founder and Director of Senior Advocates of the Desert, listed services offered, challenges the organization faces in assisting Coachella Valley seniors, and stated in his opinion the City of Palm Springs does more for its seniors than any other valley city.

Brande Orr, Desert Aids Project, thanked the City Council for prior assistance with phase 2 of the project, is requesting assistance with phase 3, listed services offered and explained lack of generator is hardship.

Councilmember Kors thanked Dale and other staff for taking comments from last year regarding the committee structure and implementing them and that he hopes the federal government keeps this program.

Councilmember Roberts thanked Dale Cook for his work on this item.

Motion to approve 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. 24196, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2017-2018; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT (GRANT # B-17-MC-06-0561) WITH HUD - IN THE AMOUNT OF $387,462 AND TO EXECUTE ALL SUBRECIPIENT AGREEMENTS." Desert AIDS Project - A6507 Emergency Preparedness Generator $77,000 Mizell Senior Center - A6392 Energy-Saving Patio Enclosure $52,350 City of Palm Springs Department of Public Works & Engineering - Citywide ADA Curb Ramp and Sidewalk $88,983 City of Palm Springs Department of Public Works & Engineering - Main Library Sidewalk $34,000 Fair Housing Council of Riverside, Inc. - A6510 Fair Housing Services $42,637 Senior Advocates of the Desert - A6667 Senior Emergency Assistance $15,000 Moved by Councilmember Roberts, seconded by Mayor Moon.

Vote to approve 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. 24196, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2017-2018; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT (GRANT # B-17-MC-06-0561) WITH HUD - IN THE AMOUNT OF $387,462 AND TO EXECUTE ALL SUBRECIPIENT AGREEMENTS." Desert AIDS Project - A6507 Emergency Preparedness Generator $77,000 Mizell Senior Center - A6392 Energy-Saving Patio Enclosure $52,350 City of Palm Springs Department of Public Works & Engineering - Citywide ADA Curb Ramp and Sidewalk $88,983 City of Palm Springs Department of Public Works & Engineering - Main Library Sidewalk $34,000 Fair Housing Council of Riverside, Inc. - A6510 Fair Housing Services $42,637 Senior Advocates of the Desert - A6667 Senior Emergency Assistance $15,000 (Approved)

Mayor Pro Tem Foat and Councilmember Mills returned to the dais.

2. PUBLIC HEARINGS:

2.B. CLASS 1 HISTORIC DESIGNATION FOR "THE ALBERT FREY BEL VISTA HOME," LOCATED AT 1520 EAST TACHEVAH DRIVE AND CEQA DETERMINATION, HSPB 105 (ZONE R-1-C):

Item 2B Staff Report

Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 15, 2017.

Applicant, Todd Hays, gave background on property. Only tract by Albert Frey in city. Encourages all to see the homes.

Mayor Moon visited the property and spoke in support

Motion to approve 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. 24197, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RESIDENCE AT 1520 EAST TACHEVAH DRIVE (APN 507-124-008), "THE ALBERT FREY BEL VISTA HOME," A CLASS 1 HISTORIC SITE, AND DETERMINE THE PROJECT AS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), HSPB 105 (ZONE R-1-C)." Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. 24197, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RESIDENCE AT 1520 EAST TACHEVAH DRIVE (APN 507-124-008), "THE ALBERT FREY BEL VISTA HOME," A CLASS 1 HISTORIC SITE, AND DETERMINE THE PROJECT AS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), HSPB 105 (ZONE R-1-C)." (Approved)

2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1918 AMENDING AND RESTATING OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS:

Item 2C Staff Report

Councilmember Mills has a conflict and left the chamber.

Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 15, 2017. PC had concerns with LUP process and asked many questions to understand the applicability of the LUP. estate home saturation in certain areas...

Councilmember Kors inquired whether PC understood when LUP is triggered...

Councilmember Roberts asked whether compliance and land use policy got "squishy." PC asked whether it would be better to have VR Compliance issue permits instead of Planning for vacation rentals.

Marla Malaspina and Linda Buchanan, spoke re Ms. Buchanan's issues with surrounding STRs which are summarized in written testimony. Spoke in oppositin to STRs.

Read Ted Luciani's written comments in opposition to STRs.

David Feltman stated PC had thoughtful deliberation over STRs and voted 7-0 not to get entangled in vacation rentals.

Bruce Mink spoke in support of VRs and has had one for many years and is a full time resident.

Michael Valeo topic is s

Thomas Salinas, Oranj Palm Vacation Homes, shutting down the industry will impact many and

Rodolfo Castillo, Turn Key Rentals, spoke in support of VRs. They use technology to convey lots of info to guests including the current Ord...

Frank Tysen, SHOPS, does not recommend passage of proposed Ord.

Steve Rose questioned whether 36 contracts includes 5 addt'l people

Councilmember Kors, commented on Home Away's written concerns.
Reiterated recent history of VR votes and wanted to clarify Desert Sun's misreporting and what we can expect if we don't pass the Ord. before us tonight. We can make future changes if things are not working because we will review the issues monthly.
We did not cut a deal with the industry as Frank Tysen insinuated. We met with all stakeholders.

JR responded to 5 friends and family question from Steve Rose.
We will commit to monthly meetings with stakeholders.
VR Compliance is in place and has new ideas almost every time...

Mayor Moon, Ord 1907 went beyond my comfort zone but I supported it because of all the hard work that went into devising it. Asked that 1918 be

Councilmember Roberts, we considered many avenues and we realized we were never going to have a perfect solution. We felt it was vital to have something to try.

Mayor Pro Tem Foat voted against 1918 before to the dismay of fellow Councilmembers. I'm not getting my way on this but I think it's important we try this as a compromise. The subcommittee deserves to see this move forward.

Motion to approve 1) Open the public hearing and receive public testimony. 2) Waive the second reading of the ordinance text in its entirety and read by title only. 3) Adopt Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat.

Vote to approve 1) Open the public hearing and receive public testimony. 2) Waive the second reading of the ordinance text in its entirety and read by title only. 3) Adopt Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." (Approved)

Councilmember Mills returned to the dais.

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE (PSMC) REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY:

Item 3A Staff Report

Motion to approve pulling the item for placement on a future agenda. Moved by Councilmember Mills, seconded by Councilmember Roberts.

Vote to approve pulling the item for placement on a future agenda. (Approved)

Meeting went into Recess

Meeting Reconvened

Motion to approve placing item 3.A. back on the March 15, 2017, agenda. Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat.

Vote to approve placing item 3.A. back on the March 15, 2017, agenda. (Approved)

Councilmember Kors

Chief Reyes explained this is the policy they have adhered to since 1981.

Mayor Moon has concerns...

Councilmember Mills agrees with the Mayor's concerns. Asked CA to reiterate Section 2.

Mayor Pro Tem Foat, when we employ people we fill out I-9 form which can be checked by immigration at any time. I believe it's true for anyone we contract with as well.

Councilmember Roberts requested a response to the Mayor's comments.

Councilmember Mills feels we are creating an Ordinance over what we can't enforce.

Councilmember Kors, we are not weighing in on req. to fill out I-9. This applies to staff and ...

Mayor Moon ...

Mayor Pro Tem Foat

Councilmember Mills asked the City Attorney the difference between an Ord. and a policy.

3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE (PSMC) REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY:

Motion to approve Waive the reading of the ordinance text in its entirety, read by title only, and introduce for first reading Ordinance No. 1920, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY” with amendments. Moved by Councilmember Kors, seconded by Councilmember Roberts.

Vote to approve Waive the reading of the ordinance text in its entirety, read by title only, and introduce for first reading Ordinance No. 1920, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY” with amendments. (Approved)

4.A. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH PS RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL THREE YEARS:

CM said this is not the same staff report as the last time.

Councilmember Kors responded to CM comments.

Motion to approve 1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts for a three year term commencing December 1, 2016, through November 30, 2019. 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to approve 1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts for a three year term commencing December 1, 2016, through November 30, 2019. 2) Authorize the City Manager to execute all necessary documents. (Approved)

4.B. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A6132 WITH MICHAEL FONTANA AND ASSOCIATES IN THE AMOUNT OF $50,000 FOR ON-CALL FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES:

Item 4B Staff Report

Councilmember Mills is recusing himself as he as a business related conflict on this item and left the chamber.

Councilmember Roberts would like to meet with him. 1) 2) 3) Specifically what is Michael Fontana overseeing.

Motion to approve 1) Approve Amendment No. 3 to Agreement No. A6132 increasing the contract amount by $50,000, for a total not to exceed $175,000, with Michael Fontana and Associates for On-Call Facility Construction Owner Representative Services. 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Kors.

Vote to approve 1) Approve Amendment No. 3 to Agreement No. A6132 increasing the contract amount by $50,000, for a total not to exceed $175,000, with Michael Fontana and Associates for On-Call Facility Construction Owner Representative Services. 2) Authorize the City Manager to execute all necessary documents. (Approved)

CM returned to the dais.

5. NEW BUSINESS:

5.A. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:

Item 5A No Staff Report

Geoffrey Kiehl, Director of Finance and Treasurer, presented mid-year budget review.

Mayor Pro Tem Foat, page 5 slide can you break out small hotels so we can assess whether earlier comment is folklore.

Councilmember Kors hitting 20% as a reserve is terrific we don't have a lot of excess to play with Measure J projects have made such a difference and he thanked subcommittee

Councilmember Mills commented on phenomenal growth in TOT 20% reserve is way too high, we can put some toward resident services.

Councilmember Roberts said reserve is not high enough. When I ran for office it was a goal to build up reserves.

5.B. APPROVAL OF A PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD (UPRR) COMPANY FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CP 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017), UPRR FOLDER NO. 2816-73:

Item 5B Staff Report

Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the staff report dated March 15, 2017.

Councilmember Mills questioned where landscaping is in the staff report because it needs to be included. Aesthetics must be added if they are not already included. There needs to be some sort of hardscape rather than landscape on the Granite property due to conditions out there. Marcus Fuller stated we are responsible for embankment work due to impacts from this project.

Mayor Pro Tem Foat questioned next phase which will be grade situation at Tipton Road as the next grade separation project we deal with.

Mayor Moon ?83.5% federally funded? How much will we have to pay for...

Motion to approve 1) Adopt Resolution No. 24198, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PUBLIC HIGHWAY OVERPASS AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017), UPRR FOLDER NO. 2816-73. 2) Approve a Public Highway Overpass Crossing Agreement with Union Pacific Railroad Company in the amount of $72,600 for slope, footing, and temporary construction easements and the right to construct, reconstruct, maintain, and repair improvements associated with APN No. 669-070-007 and APN No. 669-100-006. A6956. 3) Authorize reimbursements to Union Pacific Railroad Company for an estimated amount of $850,000 for work associated with the Project as per the Public Highway Overpass Crossing Agreement. 4) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Roberts, seconded by Councilmember Mills.

Vote to approve 1) Adopt Resolution No. 24198, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PUBLIC HIGHWAY OVERPASS AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017), UPRR FOLDER NO. 2816-73. 2) Approve a Public Highway Overpass Crossing Agreement with Union Pacific Railroad Company in the amount of $72,600 for slope, footing, and temporary construction easements and the right to construct, reconstruct, maintain, and repair improvements associated with APN No. 669-070-007 and APN No. 669-100-006. A6956. 3) Authorize reimbursements to Union Pacific Railroad Company for an estimated amount of $850,000 for work associated with the Project as per the Public Highway Overpass Crossing Agreement. 4) Authorize the City Manager to execute all necessary documents. (Approved)

5.C. PURCHASE OF INTERNET FIREWALL SYSTEMS AND SECURITY EQUIPMENT:

Arron Brown, Director of Information Technology, provided background information on the staff report dated March 15, 2017.

Item 5C Staff Report

Motion to approve 1) Approve the purchase of the Fortinet internet firewall systems and security equipment from CDW-G utilizing the National IPA Technology Solutions Cooperative Contract No. 130733 in the amount of $29,989. 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to approve 1) Approve the purchase of the Fortinet internet firewall systems and security equipment from CDW-G utilizing the National IPA Technology Solutions Cooperative Contract No. 130733 in the amount of $29,989. 2) Authorize the City Manager to execute all necessary documents. (Approved)

5.D. INITIATION OF ANNEXATION NO. 16 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):

Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the staff report dated March 15, 2017.

Item 5D Staff Report

Councilmember Mils is recusing himself on this item, and Item 5E, and left the chamber.

Motion to approve Adopt Resolution No. 24199 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 16, MIRALON, TRACT MAP NO. 31848.” Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Adopt Resolution No. 24199 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 16, MIRALON, TRACT MAP NO. 31848.” (Approved)

5.E. DISCUSSION OF SCIP PUBLIC FINANCING FOR RESIDENTIAL DEVELOPMENTS:

David Ready, City Manager, provided background information as outlined in the staff report dated March 15, 2017.

Item 5E Staff Report

Councilmember Roberts questioned whether this is a benefit in a residential environment. How are we saving the end user money?

City Manager responded that market will determine the price and that the project may not happen if the developer doesn't get the benefit.

We require the safety costs...

Councilmember Kors requested sales data on SCIP vs. non-SCIP projects. Shares concerns of Councilmember Roberts. I would like the flexibility to use it or not.

Mayor Pro Tem Foat asked if we could put a price cap on SCIP projects.

Councilmember Roberts stated apartments seem to be the only place SCIP might be beneficial. There are other incentive programs we can utilize that may work better. If we consider it we need to be able to insure affordability.

Mayor Moon...

Councilmember Kors questioned whether Dream Hotel is approved for SCIP funding since developer mentioned utilizing it.

Councilmember Mills returned to the dais.

5.F. APPROVAL OF AN AGREEMENT WITH GARY SCHONS TO PROVIDE SUPPLEMENTAL LEGAL SERVICES FOR THE CITY:

Item 5F Staff Report

Douglas Holland, City Attorney, provided background information as outlined in the staff report dated March 15, 2017.

Councilmember Kors

Motion to approve 1) Approve an Agreement with the law firm of Best, Best and Krieger to provide legal services for the City in an amount not to exceed $100,000. A6957. 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Mills, seconded by Councilmember Kors.

Vote to approve 1) Approve an Agreement with the law firm of Best, Best and Krieger to provide legal services for the City in an amount not to exceed $100,000. A6957. 2) Authorize the City Manager to execute all necessary documents. (Approved)

PUBLIC COMMENT: (Non-Agenda Items)

Steven Keylon, Palm Springs Preservation Foundation, spoke urging Council to take action on the Town & Country Center.

Barbara Marshall, offered 10 events during Modernism Week with 5 being free. Discussed and presented material.

Richard Noble, Palm Springs, spoke re Orland, FL Pulse Nightclub shooting 1 yr anniversary event and his hopes the City will send something to be displayed at the event.

.....In kind donation displayed at Sunrise Park

Patrick Weiss thanked Subcommittee for work on Homeless Task Force. Patrons eligible for CORE? program need to be provided a bus pass to get to Indio.

Steven Price, PSPF, urged Eminent Domain re Town & Country Center.

Michael Stearns, Ex. Dir. of CV Spin, $ raised in valley stays in valley.
Commended City employees (Jasmine Waits, Michele Cirone Collier, Mike Villegas, Rande Ferguson, Faith Roche, Valerie Wagner and her crew, and others) involved in Tour de Palm Springs event.

Marla Malaspina spoke re

COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors when Ethics, Transp. report on agenda

Councilmember Roberts on 3/22/17, Michael Braun live interview for journalists to ask direct questions

Mayor Moon questioned uses of eminent domain.

Mayor Pro Tem Foat has been receiving more complaints about air traffic leaving earlier and later and requested the City Manager look into it.

Asked Flinn about reference to questions in Planning Commission minutes that she would like to see answers to. No specifics given, just in general.

BUZZ ridership numbers are needed because she sees empty trolleys going by.

Councilmember Mills spoke about the Visitor's Center Visioning Committee. Requested being designated the "Official" Liaison.

Councilmember Roberts discussed confusion over use of eminent domain.

We can do more to protect and preserve the Town & Country Center.

Councilmember Kors mentioned advertising on BUZZ to off-set costs its costs.

ADJOURNMENT:

Mayor adjourned at 10:29 p.m.

Mar 15, 2017 City Council Meeting

Full agenda
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Mayor Moon called the meeting to order at 4:02 p.m.

Councilmember Mills, Mayor Pro Tem Foat and Mayor Moon were present.

At 4:03 p.m. the Mayor, City Council, City Manager, and City Attorney recessed to Closed Session.

03-15-2017 Closed Session Agenda

PUBLIC COMMENT (Council Chamber): None.

6:00 p.m. CALL TO ORDER:

Roll Call: 6 members present, 0 members absent, 0 members excused.

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA:

REPORT OF CLOSED SESSION:

Douglas Holland, City Attorney, stated the City Council recessed into Closed Session to discuss items on the Closed Session Agenda. No reportable actions were taken.

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)

Jim Stuart spoke in support of Item 1D.

Rick Pantele spoke in support of Item 1D.

Merv Kirschner spoke in support of Item 1D.

John Soulliere spoke on behalf of Mission Springs Water District on Item 1D and provided some history regarding water service to the area and recent meetings with City staff.

Robert Findley spoke in support of Item 1F, and thanked the City Council, staff and ONE-PS for their involvement.

Mackinley Cross read a statement from Chad Austin in opposition of Item 1G.

Natalie Austin spoke in opposition of Item 1G.

Marla Malaspina spoke in opposition of Item 1G.

Scott Harlow read a statement from Matthew Mitchell in opposition to Item 1G.

Aftab Dada spoke in support of Item 4A.

Paul Onufer spoke in support of Item 5E.

John Pavelak spoke in support of Item 5E.

CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORT:

Mayor Moon requested the City Manager provide an update on the Vacant Building Ordinance at a future meeting.

David Ready, City Manager, outlined the upcoming budget update, Budget Finance Committee requests and the placing of the downtown project expenditures on the City's website by next week.

CITY COUNCIL SUBCOMMITTEE REPORTS:

Councilmember Roberts requested a subcommittee meeting regarding star dedications including the approval criteria.

Mayor Pro Tem Foat commented that most Walk of Stars names are unrecognizable which she feels cheapens the value of the program.

Councilmember Kors reported on yesterday's Homelessness Subcommittee Meeting.

Councilmember Kors requested discussion at a future meeting of the Ethics, Transparency and Government Reform Task Force recommendations including determining which ones should move forward.

1. CONSENT CALENDAR:

Motion to approve Approve Items 1A, 1B, 1C, 1E, 1F, 1H, 1I, 1K, 1L, and 1M. Noting the recusal of Councilmember Mills on Item 1B. Moved by Councilmember Roberts, seconded by Councilmember Mills.

Vote to approve Approve Items 1A, 1B, 1C, 1E, 1F, 1H, 1I, 1K, 1L, and 1M. Noting the recusal of Councilmember Mills on Item 1B. (Approved)

1.A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF FEBRUARY 2017:

Item 1A Staff Report

1.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

1.C. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2017:

Item 1C Staff Report

1.E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 125-126 (RACQUET CLUB COTTAGES WEST HD-3):

Item 1E Staff Report

1.F. ACCEPTANCE OF MESQUITE AVENUE STREET IMPROVEMENTS, CP 12-01:

Item 1F Staff Report

1.H. APPROVE ISSUANCE OF AN ENCROACHMENT LICENSE FOR INSTALLATION AND MAINTENANCE OF A GREASE INTERCEPTOR LOCATED AT 1551 N. PALM CANYON DR., ENGINEERING FILE NO. EL 16-03:

Item 1H Staff Report

1.I. APPROVAL OF THE INCLUSION OF PROPERTIES WITHIN THE CITY OF PALM SPRINGS IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) OPEN PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM:

Item 1I Staff Report

1.K. APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. A5728 WITH ADVANCED, INC. DBA PROGREEN BUILDING MAINTENANCE FOR A FIVE (5) MONTH CONTRACT SERVICE EXTENSION FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:

Item 1K Staff Report

1.L. ACCEPT THE RESIGNATION OF BONNIE RUTTAN FROM THE PUBLIC ARTS COMMISSION:

Item 1L No Staff Report

1.M. APPROVE ADDITIONAL FUNDING FOR COUNSELING AND CRISIS INTERVENTION SERVICES WITH THE COUNSELING TEAM INTERNATIONAL FOR CRITICAL INCIDENTS:

Item 1M Staff Report

EXCLUDED CONSENT CALENDAR:

1.D. LETTER FROM MISSION SPRINGS WATER DISTRICT (MSWD) REGARDING THE CONSTRUCTION OF WASTEWATER FACILITIES AND DEVELOPMENT OF COLLECTION FACILITIES IN THE I-10/INDIAN CANYON BUSINESS CORRIDOR:

Item 1D Staff Report

Mayor Pro Tem Foat requested a staff report.

David Ready, City Manager, provided background information and stated this is a receive and file item.

Motion to approve and receive and file the letter from Mission Springs Water District (MSWD). Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat.

Vote to approve and receive and file the letter from Mission Springs Water District (MSWD). (Approved)

1.G. SUNLIGHT PEAK LLC (DBA: “EPIC HOTEL”), FOR A CONDITIONAL USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD, ZONE R-3 (CASE 5.1404 CUP):

Item 1G Staff Report

Mayor Pro Tem Foat stated the Subcommittee met on this and are very concerned about the issues and feels they were misled. Projects need to be presented truthfully so Council can act on facts.

Mayor Pro Tem Foat would like the Council's support in sending this back to the Planning Commission now that they know the tenancy situation was not portrayed truthfully.

Councilmember Roberts stated this appears to be a policy issue and not a land use issue and Flinn Fagg concurred.

Councilmember Kors reiterated conditions.

Mayor Moon urged caution with policy is being created as it needs to be consistently followed with future applicants.

Mayor Pro Tem Foat provided assurance the policy would be focused on by the subcommittee and brought back to the City Council for action.

1.J. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING MARCH 19, 2020:

Item 1J Staff Report

Vote to approve Appoint Jhan Schmitz, as the City of Indio representative, to the Palm Springs International Airport Com

1.N. REPEALING AND SETTING ASIDE APPROVAL OF RESOLUTION NO. 23415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN MODIFYING THE GENERAL PLAN'S TREATMENT OF RESIDENTIAL LAND USE DENSITIES:

Item 1N Staff Report

Councilmember Kors stated his question on this item has been answered.

Mayor Pro Tem Foat left the dais as she has a conflict on Item 2A.

2.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2017-2018 ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION; AND AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 43rd PROGRAM YEAR; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SUBRECIPIENT AGREEMENTS:

Item 2A Staff Report

Dale Cook, Community Development Administrator, provided a staff report on Item 2A.

Councilmember Mills left the dais.

Jack Newby Spoke on behalf of Mizell Senior Center, thank staff and Council, this the the 2nd phase of what was approved last year.

Councilmember Kors thanked Dale and other staff for taking comments from last year regarding the committee structure and implementing them and that he hopes the federal government keeps this program.

Councilmember Roberts thanked Dale Cook for his work on this item.

Mayor Pro Tem Foat and Councilmember Mills returned to the dais.

2. PUBLIC HEARINGS:

2.B. CLASS 1 HISTORIC DESIGNATION FOR "THE ALBERT FREY BEL VISTA HOME," LOCATED AT 1520 EAST TACHEVAH DRIVE AND CEQA DETERMINATION, HSPB 105 (ZONE R-1-C):

Item 2B Staff Report

Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 15, 2017.

Applicant, Todd Hays, gave background on property. Only tract by Albert Frey in city. Encourages all to see the homes.

Mayor Moon visited the property and spoke in support

2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1918 AMENDING AND RESTATING OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS:

Item 2C Staff Report

Councilmember Mills has a conflict and left the chamber.

Councilmember Kors inquired whether PC understood when LUP is triggered...

Councilmember Roberts asked whether compliance and land use policy got "squishy." PC asked whether it would be better to have VR Compliance issue permits instead of Planning for vacation rentals.

Marla Malaspina and Linda Buchanan, spoke re Ms. Buchanan's issues with surrounding STRs which are summarized in written testimony. Spoke in oppositin to STRs.

Read Ted Luciani's written comments in opposition to STRs.

David Feltman stated PC had thoughtful deliberation over STRs and voted 7-0 not to get entangled in vacation rentals.

Bruce Mink spoke in support of VRs and has had one for many years and is a full time resident.

Michael Valeo topic is s

Thomas Salinas, Oranj Palm Vacation Homes, shutting down the industry will impact many and

Rodolfo Castillo, Turn Key Rentals, spoke in support of VRs. They use technology to convey lots of info to guests including the current Ord...

Frank Tysen, SHOPS, does not recommend passage of proposed Ord.

Steve Rose questioned whether 36 contracts includes 5 addt'l people

JR responded to 5 friends and family question from Steve Rose.
We will commit to monthly meetings with stakeholders.
VR Compliance is in place and has new ideas almost every time...

Mayor Moon, Ord 1907 went beyond my comfort zone but I supported it because of all the hard work that went into devising it. Asked that 1918 be

Councilmember Roberts, we considered many avenues and we realized we were never going to have a perfect solution. We felt it was vital to have something to try.

Councilmember Mills returned to the dais.

3. LEGISLATIVE:

3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE (PSMC) REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY:

Item 3A Staff Report

Motion to approve pulling the item for placement on a future agenda. Moved by Councilmember Mills, seconded by Councilmember Roberts.

Vote to approve pulling the item for placement on a future agenda. (Approved)

Meeting went into Recess

Meeting Reconvened

Motion to approve placing item 3.A. back on the March 15, 2017, agenda. Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat.

Vote to approve placing item 3.A. back on the March 15, 2017, agenda. (Approved)

Councilmember Kors

Chief Reyes explained this is the policy they have adhered to since 1981.

Mayor Moon has concerns...

Councilmember Mills agrees with the Mayor's concerns. Asked CA to reiterate Section 2.

Mayor Pro Tem Foat, when we employ people we fill out I-9 form which can be checked by immigration at any time. I believe it's true for anyone we contract with as well.

Councilmember Roberts requested a response to the Mayor's comments.

Councilmember Mills feels we are creating an Ordinance over what we can't enforce.

Councilmember Kors, we are not weighing in on req. to fill out I-9. This applies to staff and ...

Mayor Moon ...

Mayor Pro Tem Foat

Councilmember Mills asked the City Attorney the difference between an Ord. and a policy.

3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE (PSMC) REAFFIRMING THE CITY’S PROHIBITION OF DISCRIMINATION IN THE CITY:

4.A. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH PS RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL THREE YEARS:

CM said this is not the same staff report as the last time.

Councilmember Kors responded to CM comments.

4.B. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A6132 WITH MICHAEL FONTANA AND ASSOCIATES IN THE AMOUNT OF $50,000 FOR ON-CALL FACILITY CONSTRUCTION OWNER REPRESENTATIVE SERVICES:

Item 4B Staff Report

Councilmember Mills is recusing himself as he as a business related conflict on this item and left the chamber.

Councilmember Roberts would like to meet with him. 1) 2) 3) Specifically what is Michael Fontana overseeing.

CM returned to the dais.

5. NEW BUSINESS:

5.A. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:

Item 5A No Staff Report

Geoffrey Kiehl, Director of Finance and Treasurer, presented mid-year budget review.

Mayor Pro Tem Foat, page 5 slide can you break out small hotels so we can assess whether earlier comment is folklore.

Councilmember Kors hitting 20% as a reserve is terrific we don't have a lot of excess to play with Measure J projects have made such a difference and he thanked subcommittee

Councilmember Mills commented on phenomenal growth in TOT 20% reserve is way too high, we can put some toward resident services.

Councilmember Roberts said reserve is not high enough. When I ran for office it was a goal to build up reserves.

5.B. APPROVAL OF A PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD (UPRR) COMPANY FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CP 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017), UPRR FOLDER NO. 2816-73:

Item 5B Staff Report

Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the staff report dated March 15, 2017.

Mayor Pro Tem Foat questioned next phase which will be grade situation at Tipton Road as the next grade separation project we deal with.

Mayor Moon ?83.5% federally funded? How much will we have to pay for...

5.C. PURCHASE OF INTERNET FIREWALL SYSTEMS AND SECURITY EQUIPMENT:

Arron Brown, Director of Information Technology, provided background information on the staff report dated March 15, 2017.

Item 5C Staff Report

5.D. INITIATION OF ANNEXATION NO. 16 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):

Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the staff report dated March 15, 2017.

Item 5D Staff Report

Councilmember Mils is recusing himself on this item, and Item 5E, and left the chamber.

5.E. DISCUSSION OF SCIP PUBLIC FINANCING FOR RESIDENTIAL DEVELOPMENTS:

David Ready, City Manager, provided background information as outlined in the staff report dated March 15, 2017.

Item 5E Staff Report

Councilmember Kors requested sales data on SCIP vs. non-SCIP projects. Shares concerns of Councilmember Roberts. I would like the flexibility to use it or not.

Mayor Pro Tem Foat asked if we could put a price cap on SCIP projects.

Mayor Moon...

Councilmember Kors questioned whether Dream Hotel is approved for SCIP funding since developer mentioned utilizing it.

Councilmember Mills returned to the dais.

5.F. APPROVAL OF AN AGREEMENT WITH GARY SCHONS TO PROVIDE SUPPLEMENTAL LEGAL SERVICES FOR THE CITY:

Item 5F Staff Report

Douglas Holland, City Attorney, provided background information as outlined in the staff report dated March 15, 2017.

Councilmember Kors

PUBLIC COMMENT: (Non-Agenda Items)

Steven Keylon, Palm Springs Preservation Foundation, spoke urging Council to take action on the Town & Country Center.

Barbara Marshall, offered 10 events during Modernism Week with 5 being free. Discussed and presented material.

Patrick Weiss thanked Subcommittee for work on Homeless Task Force. Patrons eligible for CORE? program need to be provided a bus pass to get to Indio.

Steven Price, PSPF, urged Eminent Domain re Town & Country Center.

Marla Malaspina spoke re

COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors when Ethics, Transp. report on agenda

Councilmember Roberts on 3/22/17, Michael Braun live interview for journalists to ask direct questions

Mayor Moon questioned uses of eminent domain.

Councilmember Mills spoke about the Visitor's Center Visioning Committee. Requested being designated the "Official" Liaison.

Councilmember Roberts discussed confusion over use of eminent domain.

We can do more to protect and preserve the Town & Country Center.

Councilmember Kors mentioned advertising on BUZZ to off-set costs its costs.

ADJOURNMENT:

Mayor adjourned at 10:29 p.m.

Mar 15, 2017 City Council Meeting

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