Video index

4:30 p.m. CALL TO ORDER (Council Chamber):

Mayor Moon called the meeting to order at 4:34 p.m.

All members of the City Council were present.

Douglas Holland, City Attorney, requested the City Council consider adding three items. The information was received after the posting of the agenda.

EXISTING LITIGATION, G.C. 54956.9(a)

Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division

Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division

City of Palm Springs v. O&M HR, Nexus Development Corporation et al
Case No. PSC 1701804, Riverside Superior Court, Palm Springs Division

ACTION:
1) Find information regarding the existing litigation was received after the posting of the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda three (3) items pursuant to Cal. Gov. Code. Section 54956.9(e)(3) as shown below:

EXISTING LITIGATION, G.C. 54956.9(a)

Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division

Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division

City of Palm Springs v. O&M HR, Nexus Development Corporation et al
Case No. PSC 1701804, Riverside Superior Court, Palm Springs Division

By a unanimous vote (5-0-0) the City Council approved the following:

1) Find information regarding the existing litigation and real property negotiations was received after the posting of the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda two (2) items pursuant to Cal. Gov. Code. Section 54956.9(e)(3) the following item:

EXISTING LITIGATION, G.C. 54956.9(a)

Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division

Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division

City of Palm Springs v. O&M HR, Nexus Development Corporation et al
Case No. PSC 1701804, Riverside Superior Court, Palm Springs Division

PUBLIC COMMENT (Council Chamber):
None.

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

04-05-2017 Closed Session Agenda

6:00 p.m. CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

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

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA:

Mayor Moon requested 1D be removed from the Consent Calendar.
Mayor Pro Tem Foat requested moving 5F to be the first New Business item.
Councilmember Roberts requested removing 1H from the Consent Calendar.
Councilmember Mills stated he will abstain from voting on 1F (working on a project adjacent to this project) and 1B (not required to abstain from participation on 1B but was the architect and will be exercising caution), and requested removing 1G from the Consent Calendar.

Motion to approve ACCEPTANCE OF THE AGENDA: Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.

Vote to approve ACCEPTANCE OF THE AGENDA: (Approved)

REPORT OF CLOSED SESSION:

Douglas Holland, City Attorney, reported as follows:
Three (3) items were added to the Closed Session Agenda, as previously noted in the Minutes.
The City Council did not take any reportable actions.
The City Council requested the following be provided to the public:
The City file a lawsuit against O&M HR LLC, Nexus Development Corporation, Richard Meaney et al in order to asert and reclaim the Prairie Schooner property as a potential violation pursuant to Government Code Section 1090.

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

Shelley Somerville spoke in support of Item 1D.

Frances Miller spoke in support of 1D.

Brenda Adams spoke in support of 1D.

Ann Leiboh spoke in support of 1D.

Carmen Ginter spoke in support of 1D.

Diane Fischer spoke in support of 1D.

Bill McMillan spoke in support of 1D.

Robert Doyle spoke in support of 1D.

Joy Silver spoke in support of 1D.

Beth Friedman spoke in support of 1D.

Lynn O'Neal spoke in support of 1D.

Carol Listenberger spoke in support of 1D.

Edward Hotzhauer thanked Councilmember Kors and balance for supporting this item, and asked Mayor Moon to support Item 1D.

Lisa Middleton spoke in support of 1D.

Carlos Pineda spoke in support of 1D.

Ruth Debra spoke in support of 1D and

Bob Terry spoke in support of 1D.

Richard Noble spoke in support of 1D, and asked Mayor Moon to support this ordinance.

Rosie Puentes spoke in support of 1D.

Lewis Stewart spoke in support of 1D.

Joy Brown Meredith stated more information is needed from the Police Chief before she is able to form an opinion on 3A.

Christy Holstege spoke in support of 1D and does not support 3A as drafted.

Aftab Dada spoke in support of 5D.

ROBERT STONE spoke against 5D.

Robin Abrahams spoke in support of 5E.

Diana Grace lives at the Four Season Development and does not support 5F.

Willy Halle lives at the Four Season Development and does not support 5F.

Michael Solomon lives at the Four Season Development and does not support 5F and please do not let them built it on top of the levy.

Ira Rosenthal lives at the Four Season Development and does not support 5F and asked not let them built it on top of the levy.

Anita Kerezman lives at the Four Season Development and does not support 5F and do not let them built it on top of the levy.

Patricia Breslin spoke regarding 3A, the "sit and lie" ordinance should not be incorporated in the sign ordinance, and keep the "silent salesmen" (portable signs) alive.

Karen Ellis spoke in support of 1D.

CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS:

David Ready, City Manager, report the following:
Over half of the documents pertaining to the escrow fund on the Downtown Project has been posted to the City's website. There are hundreds or pages and staff will continue to post them to the City's website and anticipate complettion in the next couple of business days.
An administrative policy was put in place several years ago to prohibit City travel to North Carolina; adding, Councilmember Kors asked if this was still in effect and stated this administrative policy is still in effect.
Stated Edward Kotkin is in the audience.

Mayor Moon commented about the annual Board and Commission recruitment to the City's Boards and Commissions and invited the public to apply.

Mayor Pro Tem Foat reported the Riverside County Transportation Commission recently approved two (2) projects, and thanked Marcus Fuller abd asked him to provide the details:
1) South Palm Canyon Bridge, total cost approximately $9 million, local funding portion will be approximately $250,000.
2) East Palm Canyon Bridge, total cost approximatley $8-9 million, funding percentages will be same as for the South Palm Canyon Bridge.
Mayor Pro Tem Foat commented on the Desert Sun opinions article and stated facts in the article are not accurate.

CITY COUNCIL SUBCOMMITTEE REPORTS:

Councilmember Roberts stated he and Councilmember Mills has a report regarding the Downtown Park, but will defer to later due to the fact the Downtown Project is on the agenda.

Motion to approve CITY COUNCIL SUBCOMMITTEE REPORTS: Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve CITY COUNCIL SUBCOMMITTEE REPORTS: (Approved)

1. CONSENT CALENDAR:

Motion to adopted Approve Items 1A, 1B, 1C, 1E, 1F, 1H, 1I, 1J, and 1K. Noting the recusal of Councilmember Mills on Items 1B and 1F. Moved by Councilmember Roberts, seconded by Councilmember Kors.

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

1.A. APPROVAL OF MINUTES:

Item 1A Staff Report

1.B. INDIAN CANYON DRIVE PEDESTRIAN BRIDGE REPAINTING:

Item 1B Staff Report

1.C. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2017:

Item 1C Staff Report

1.E. APPROVAL OF PARCEL MAP 36958:

Item 1E Staff Report

1.F. FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150 RESIDENTIAL UNITS LOCATED NORTH OF SAN RAFAEL ROAD, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, (CASE 5.0982-PD 290 / TTM 31848):

Item 1F Staff Report

1.J. APPROVAL OF THE FISCAL YEAR 2017-2018 CSA 152 SPECIAL ASSESSMENT RATE:

Item 1J Staff Report

1.K. ACCEPT THE RESIGNATION OF COSIMO AIELLO FROM THE PARKS AND RECREATION COMMISSION:

Item 1K No Materials

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

1.D. SECOND READING AND ADOPTION OF 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:

Mayor Moon stated the following:
Never spoke against people being in thsi country illegally.
Spoke in support of the Police Department's policy of not asking for an individual's immigration status, which has been in effect since 1981.
Reitterated that he supports this ordinance, except had concerns relating to the term "national origin" as it related to employment and contracting as it relates to federal law. Adding he cannot support something which conflicts with federal law. He research the matter and discovered it does not conflict with federal laws.
Stated, due to the fact there is no conflict with the federal laws, he will be supporting this ordinance.

Councilmember Kors stated he appreciates all the comments and thanked Chief Reyes and the Police Department placing this practice as policy.

Councilmember Mills asked the City Attorney if this ordinance will classify the City of Palm Springs as a sancuary city. The City Attorney responded that this ordinance does not classify the City of Palm Springs as a sancuary city. Further adding many people referred to it, therefore, he this point clarified. One very important point noted in the City Attorney's Summary, "unless otherwise authorized in Federal or State Law", and is one of the reasons he supports this ordinance.

Councilmember Kors stated it was agreed at the last meeting to change the word "authorized" to "required" in the City Attorney's Summary.

Interim City Clerk's Note: The edit was made prior to finalizing the document for signature.

Mayor Pro Tem Foat stated there is such thing as a sancuary city. In her opinion the term "sancuary city" is a place where people feel safe. She reiterated her support for this ordinance and glad Mayor Moon changed his mind, and how
proud she is of this City Council.

Motion to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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.” Moved by Mayor Moon, seconded by Councilmember Kors.

Vote to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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.” (Approved)

1.G. ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02:

Item 1G Staff Report

Councilmember Mills requested clarification.

Motion to approve Adopt Resolution No. 24201, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02.” Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to approve Adopt Resolution No. 24201, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02.” (Approved)

1.H. APPROVE A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR A FUNDING CONTRIBUTION OF $290,000, AND APPROVE A PURCHASE ORDER IN THE AMOUNT OF $56,336 WITH ALBERT A. WEBB ASSOCIATES FOR THE VISTA CHINO (STATE ROUTE 111) AT VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CP 17-03:

Councilmember Roberts requested funding clarification.

Councilmember Mills requested additional funding clarification.

Motion to approve 1) Approve a Cooperative Agreement for State Highway Operation & Protection Program (SHOPP) Minor Funds Contribution from the California Department of Transportation for an amount up to $290,000 for the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A____. 2) Approve a Purchase Order in the amount of $56,336 with Albert A. Webb Associates for design services related to the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A6443. 3) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.

Vote to approve 1) Approve a Cooperative Agreement for State Highway Operation & Protection Program (SHOPP) Minor Funds Contribution from the California Department of Transportation for an amount up to $290,000 for the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A____. 2) Approve a Purchase Order in the amount of $56,336 with Albert A. Webb Associates for design services related to the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A6443. 3) Authorize the City Manager to execute all necessary documents. (Approved)

Mayor Moon

2. PUBLIC HEARINGS: None.

3. LEGISLATIVE:

Item 3A Staff Report

3.A. INITIATE AND REFER TO THE PLANNING COMMISSION AN ORDINANCE RELATING TO THE CITY'S SIGN ORDINANCE AND EXTEND INTERIM URGENCY ORDINANCES 1893 AND 1912 IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS TO JULY 21, 2017:

Douglas Holland, City Attorney, provided the staff report as noted in the staff report.

Councilmember Mills requested clarification and modifications in the following areas:
Portable signs in commercial zones.
Section 93.20.04, subsection 2, Sign on Public Property or Rights-of-Way.
Section 93.20.05, subsection C, Portable Signs.
Portable signs as it relates to complying with ADA requirements; does not feel 48" is adequate and feels it should be at least 72" for ease of movement.
Portable sign designs with respect to "design criteria established by the Director of Planning Services.

Councilmember Roberts stated concerns and/or requested claification on the following:
Support of A-frame signs to be in compliance with ADA requirements.
Wanting the businesses to be successful.
The need for quality signs and the criteria be set by the Director of Planning Services or a Planning Commission subcommittee.
Inquired about the City's liability, and the need for the business owner to assume full responsibility.
Section 93.20.04, subsection 2, Sign on Public Property or Rights-of-Way.
Section 93.20.05, subsection B, 2, Permitted signs - Commercial and Industrial Business, Permitted signs - Secondary signs.
The limit of signs on glazing to the first floor of the build.
Portable signs and the need for permits.
Human signage.
Temporary signs for an event, size and duration.
Where is political signs be addressed?

Councilmember Kors spoke of concerns and requested clarifications:
Business with private patios. May they have a portable sign?
How will fines and multiple fines be handled? Will their portable sign permit be revoked?

Councilmember Kors highlighted some key points with the draft proposed ordinance:
All commercial businesses throughout the City will be able to have one portable sign, and not only within the Downtown and Uptown areas.
Other opportunities have been provided i.e. blade signs, etc.
The need for permits prior to errecting signs.

Councilmember Kors asked the City Manager if it is possible to educate the business owners of the current ADA laws with respect to portable signs.

Davud Ready, City Manager, stated going forward staff will work with the City's business partners i.e. Main Street etc. and s tart and educational program to educate and enforce.

Mayor Pro Tem Foat stated there should be uniformity with respect to the signs and that the ordinance includes a "tacky clause".

Mayor Moon stated all the important points have been address and looking forward to the comments from the Planning Commission.

Motion to approve 1) Initiate and refer to the Planning Commission for review and comment, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10, AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION 12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CITY'S SIGN ORDINANCE." 2) Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1922, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO JULY 21, 2017." (4/5THS Vote Required) Moved by Councilmember Roberts, seconded by Councilmember Kors.

Councilmember Mills stated though the ADA requires 48" sidewalk clearance, it is his hope the Planning Commission will consider more than 48" for those with disabilities.

Vote to approve 1) Initiate and refer to the Planning Commission for review and comment, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10, AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION 12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CITY'S SIGN ORDINANCE." 2) Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1922, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO JULY 21, 2017." (4/5THS Vote Required) (Approved)

Mayor Moon Recessed the meeting at 8:23 p.m.

Mayor Moon reconvened the meeting at 8:30 p.m.

3.B. INTERIM URGENCY ORDINANCE REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS:

Item 3B Materials to Follow

Douglas Holland, City Attorney, provided background information, as a result of recent actions with respect to the Epic Hotel.

Mayor Pro Tem Foat provided additional background information and some key points of the urgency ordinance as follows:
Provide 90-day notice to tenants with respect to eviction or rent increase.
Take into consideration the length of time of residency at the location.

Councilmember Kors provided comments relating to the conversion of apartments to hotels or condos as follows:
Maintaining the City's affordable housing stock.
Provide a 90-day notice to tenants.
Provide a 180-day notice to seniors and tenants with disabilities, plus free rent.
Three (3) months free rent plus an additional month for each year of residency beyond three (3) years.

Motion to approve Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1923, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS.” (4/5THS Vote Required). Moved by Councilmember Roberts, seconded by Councilmember Kors.

Councilmember Mills stated this first time seeing it, and the public has not had the opportunity to review and comment on this urgency ordinance. Further, he stated he is not opposed to this urgency ordinance; however, due to the fact the public has not had the opportunity to review the urgency ordinance is not acceptable to him. Therefore, he will not support this; however, he will support this placed on the next agenda.

Mayor Pro Tem Foat this is an urgency ordinance and cited the example of the woman with children whose rent was increased over $150, and the need to stop other incidents like this from taking place.

Councilmember Roberts concurs with Councilmember Mills, and asked the City Attorney for an alternative.

Douglas Holland, City Attorney, stated rather than allow the urgency ordinance to be effective for almost a year, the Council may make it effective for a 45-day period and return to the urgency ordinance to the City Council for action thus providing the public adequate time to review and provide comments.

It was the conscensus of the majority of the Council to have it effective to the first May meeting.

Motion to approve Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1923, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS” (4/5THS Vote Required). Noting this urgency ordinance will expire at the first meeting in May, 2017, on May 3, 2017. Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1923, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS” (4/5THS Vote Required). Noting this urgency ordinance will expire at the first meeting in May, 2017, on May 3, 2017. (Approved)

4. UNFINISHED BUSINESS: None.

5.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT:

Edward Kotkin address the Mayor and City Council.

Councilmember Kors

dhr provided a summary of the process.

Councilmember Roberts spoke in support of approving the City Attorney Employment Agreement and thanked Doug Holland for this service to the City.

Councilmember Kors spoke in support of approving the City Attorney Employment Agreement and thanked Doug Holland for this service to the City.

Mayor Pro Tem Foat spoke in support of approving the City Attorney Employment Agreement and thanked Doug Holland for this service to the City.

Mayor Moon spoke in support of approving the City Attorney Employment Agreement and compli

Motion to approve 1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 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 Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 2) Authorize the City Manager to execute all necessary documents. (Approved)

5. NEW BUSINESS:

5.F. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK MULTI-MODAL TRANSPORTATION PROJECT:

Item 5F Staff Report

Mayor Pro Tem Foat and Councilmember Mills provided the report.

Mayor Moon voiced the following concerns:
The cost to maintain the portion of the CV Link in Palm Springs will be over $500,000 annually.
The need for additional public safety.
Consider placing it before the voters once the costs have been determined.

Councilmember Kors spoke in support of the project, and cited the many positive comments received from the City's residents and the majority of it is in Palm Springs., supports Option 3 which addresses the concerns the Four Seasons residents have voiced, the opportunity to be outside and enjoy our beautiful city, adding this is a vision of the future.

Councilmember Roberts stated he understands Mayor Moons concerns, concurs with the comments made by Councilmember Kors, mentioned ways to obtain outside fund, and the need to solve some of the problems, asked the subcommitte to come up with alternatives for maintenance and funding, publicize these alternatives, and work with CVAG.

Mayor Pro Tem Foat spoke of her support for this project, and stated some of the points raised are the very reasons for her support.

Mayor Moon stated he is not opposed to the project as a whole. He supports the Tahquitz Creek portion of the CV Link and noted the project will not go through Rancho Mirage, and Indian Wells will be taking the project to the voters to decide.

Councilmember Mills stated this has been part of the City's Master Plan and stated his support.

5.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT:

Item 5A Staff Report

The Mayor and Council introduced Edward Z. Kotkin.
Mr. Kotkin provided background information on his experience, and stated he looks forward to being the in-house attorney for the City of Palm Springs.
Councilmember Kors ask Douglas Holland, City Attorney, to tell the public of Mr. Kotkin's work while he was with his firm.
Mr. Holland stated he reviewed records back to January 2010, looking for work Mr. Kotkin did for the City of Palm Springs and identified four (4) cases for the City of Palm Springs as follows:
One Case Police Department, approximately 1.6 hours
Code Enforcement Cases, approximately 4.0 hours
Mr. Holland added Mr. Kotkin did not work on or assist with the Downtown Project.

The Mayor and City Council spoke in support of Mr. Kotkin and thanked Mr. Holland for his 12 plus years with the City of Palm Springs.

Motion to adopted 1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to adopted 1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 2) Authorize the City Manager to execute all necessary documents. (Approved)

5.B. AWARD A CONSTRUCTION CONTRACT TO AUDIO ASSOCIATES IN THE AMOUNT OF $1,288,256.93 FOR THE CITY COUNCIL CHAMBER AUDIO/VISUAL SYSTEM UPGRADE, CP 15-06:

Item 5B Staff Report

Marcus Fuller, Assistant City Manager/City Engineer, provided the background information as outline in the staff report.

Motion to approve 1) Adopt Resolution No. ____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES." 2) Award to an agreement to Audio Associates in the amount of $1,288,256.93, for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A____. 3) Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement, in the amount up to $50,000 for construction management and inspection services for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A6686. 4) Authorize the temporary relocation of all scheduled City Council, Board and Commission meetings to the Convention Center or alternate available location throughout the duration of construction.6) Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $128,826. 5) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Roberts, seconded by Councilmember Mills.

Vote to approve 1) Adopt Resolution No. ____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES." 2) Award to an agreement to Audio Associates in the amount of $1,288,256.93, for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A____. 3) Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement, in the amount up to $50,000 for construction management and inspection services for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A6686. 4) Authorize the temporary relocation of all scheduled City Council, Board and Commission meetings to the Convention Center or alternate available location throughout the duration of construction.6) Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $128,826. 5) Authorize the City Manager to execute all necessary documents. (Approved)

5.C. DISCUSSION OF PUBLIC PARKING OPTIONS FOR THE DREAM HOTEL LOCATED AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:

Item 5C Staff Report

dhr

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:

Item 5D Staff Report

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:

Item 5E Staff Report

5.C. DISCUSSION OF PUBLIC PARKING OPTIONS FOR THE DREAM HOTEL LOCATED AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:

dhr provided a summary as outline in the staff report.

Councilmember Roberts requested additional information for amount of parking spaces available and required. suggest re-couping the $$ hold for future parking.

Motion to approve Approve the lump sum payment of $2,675,000 to the City and hold it in a special account for future parking. Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat.

Councilmember Mills requested additional information relating to the site plan.

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:

Item 5D Staff Report

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:

Item 5E Staff Report

jr provided an outline of the staff report.

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:

Douglas Holland, City Attorney, and David Ready, City Manager, provided the summary as outline in the staff report.

Councilmember Kors requested clarification on the payment process of this project; adding this payment is pursuant to the agreement, and inquired if this requires City Council approval.

David Ready, City Manager, stated in the spirit of transparency, out of abundance of caution due to the recent indictments, and at the advice of Special Counsel, with expertise in this area, going forward staff wants to ensure the City Council is aware of all expenditures relating to this project.

Councilmember Kors spoke with respect to change orders in 2014, they are consistant with the Specific Plan but not Specified by the Specific Plan.

Councilmember Kors requested confirmation that the City is only paying bills as they are submitted for payment in accordance to the agreement. David Ready, City Manager, confirmed that is correct, the monies were previously allocated, and the City is not allocating additional funds for the payment of these bills.

Mayor Pro Tem Foat stated the following:
1. Comments received are appreciated.
2. Information provided by the media and the public are not always accurate.
3. This is payment for work on City property.
4. There are two people checking to ensure the work has been completed and the invoices are accurate, before payment is approved.

Councilmember Roberts requested the Owners Representative to provide details.

Michael Fontana, Owners Representative, provided detailed information with respect to the checks and balances.

Motion to approve 1) Authorize the City Manager to release payments to Palm Springs Promenade, LLC, through the public improvement escrow account, for public improvements completed to the satisfaction of the City Engineer, and upon independent third-party verification of the completion of the public improvements, in accordance with the original Public Financing Agreement approved on September 7, 2011.
2) Find and reaffirm the additional improvements the City previously identified as necessary and/or appropriate as part of a change order process initially undertaken in November and December of 2014, are consistent with the current, adopted Specific Plan and are still necessary and appropriate, and authorize payment in an amount not exceed $3,060,582.40 for such improvements upon independent third-party verification of the completion of all of such public improvements.
3) Authorize the City Manager to execute a Subordination Agreement in a form approved by the City Attorney, allowing the City's priority interest under the terms of the Performance Trust Deed to be subordinated in favor of a construction loan on Block B.
4) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.

Vote to approve 1) Authorize the City Manager to release payments to Palm Springs Promenade, LLC, through the public improvement escrow account, for public improvements completed to the satisfaction of the City Engineer, and upon independent third-party verification of the completion of the public improvements, in accordance with the original Public Financing Agreement approved on September 7, 2011.
2) Find and reaffirm the additional improvements the City previously identified as necessary and/or appropriate as part of a change order process initially undertaken in November and December of 2014, are consistent with the current, adopted Specific Plan and are still necessary and appropriate, and authorize payment in an amount not exceed $3,060,582.40 for such improvements upon independent third-party verification of the completion of all of such public improvements.
3) Authorize the City Manager to execute a Subordination Agreement in a form approved by the City Attorney, allowing the City's priority interest under the terms of the Performance Trust Deed to be subordinated in favor of a construction loan on Block B.
4) Authorize the City Manager to execute all necessary documents. (Approved)

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:

Councilmember Roberts provided summary as outlined in the staff report.

Councilmmember Mills provided information on the process and the two proposed community outreach workshops.
1. First public workshop, Mr. Rios will evaluate information from the first public workshop, report back to the City Council subcommittee, and later to the City Council as a whole during the conceptual stage.
2. A hardline conceptual plan will be presented at the second public workshop to receive additional input from the public.
3. Presentation of the hardline conceptual plan to the City Council as a whole for approval prior to the preparation of the construction documents.

Councilmember Roberts requested an estimated cost from Mr. Rios with respect to the next step after the completion of the conceptual plan.

shoot for the week of 17 or 24th will Kate Castle

Motion to approve 1) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project.
2) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services. A____. Moved by Councilmember Mills, seconded by Councilmember Kors.

Motion to approve 1) Receive report from the City Council Downtown Palm Springs Park Ad Hoc Subcommittee (Councilmembers Mills and Roberts). 2) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project. 3) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services. A____. Moved by Councilmember Mills, seconded by Councilmember Kors.

Vote to approve 1) Receive report from the City Council Downtown Palm Springs Park Ad Hoc Subcommittee (Councilmembers Mills and Roberts). 2) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project. 3) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services. A____. (Approved)

PUBLIC COMMENT: (Non-Agenda Items)

Kate Castle spoke in reference to the closure of the Well in the Desert, and the need for both long term and short term solutions, suggesting allowing the use of the showers at the Pavillion on a short term basis; and suggested a long term plan on a plot of land that has a concrete pad.

Carrie Allen invited the City Council and the public to the Easter Sunrise Service at the O'Donnell House, at 5 a.m. on April 16, 2017.

COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Mayor Pro Tem Foat requested a City Council Annexations and Land Acquisitions ad hoc subcommittee meeting (subcommittee members - Councilmember Roberts and Mayor Pro Tem Foat).

Mayor Moon requested agendizing boarded and vacant building ordinance.

David Ready, City Manager, report on the placement of documents on the City's website with respect to the Downtown Project.

Mayor Moon reported the Downtown Project completion schedule has been placed on the City's website.

Councilmember Kors requested the following:
1. Agendizing the definition of "estate homes" for April 19, 2017, or May 3, 2017, City Council meeting.
2. Agendizing the ethics and transparency item for May 17, 2017.

ADJOURNMENT:

adj at 10:41

Councilmember Kors asked for clarification, if this normally brought to the City Council for approval.

David Ready, City Manager, stated this action is brought before the City Council for action in the spirit of transparency, the recent indictments, excerising an abundance of caution, and at the advise of Special Counsel with expertise in this area.

Apr 05, 2017 City Council Meeting

Full agenda
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4:30 p.m. CALL TO ORDER (Council Chamber):

Mayor Moon called the meeting to order at 4:34 p.m.

All members of the City Council were present.

Douglas Holland, City Attorney, requested the City Council consider adding three items. The information was received after the posting of the agenda.

EXISTING LITIGATION, G.C. 54956.9(a)

Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division

Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division

City of Palm Springs v. O&M HR, Nexus Development Corporation et al
Case No. PSC 1701804, Riverside Superior Court, Palm Springs Division

ACTION:
1) Find information regarding the existing litigation was received after the posting of the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda three (3) items pursuant to Cal. Gov. Code. Section 54956.9(e)(3) as shown below:

EXISTING LITIGATION, G.C. 54956.9(a)

Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division

Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division

City of Palm Springs v. O&M HR, Nexus Development Corporation et al
Case No. PSC 1701804, Riverside Superior Court, Palm Springs Division

By a unanimous vote (5-0-0) the City Council approved the following:

1) Find information regarding the existing litigation and real property negotiations was received after the posting of the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda two (2) items pursuant to Cal. Gov. Code. Section 54956.9(e)(3) the following item:

EXISTING LITIGATION, G.C. 54956.9(a)

Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division

Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division

City of Palm Springs v. O&M HR, Nexus Development Corporation et al
Case No. PSC 1701804, Riverside Superior Court, Palm Springs Division

PUBLIC COMMENT (Council Chamber):
None.

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

04-05-2017 Closed Session Agenda

6:00 p.m. CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

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

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA:

Mayor Moon requested 1D be removed from the Consent Calendar.
Mayor Pro Tem Foat requested moving 5F to be the first New Business item.
Councilmember Roberts requested removing 1H from the Consent Calendar.
Councilmember Mills stated he will abstain from voting on 1F (working on a project adjacent to this project) and 1B (not required to abstain from participation on 1B but was the architect and will be exercising caution), and requested removing 1G from the Consent Calendar.

Motion to approve ACCEPTANCE OF THE AGENDA: Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.

Vote to approve ACCEPTANCE OF THE AGENDA: (Approved)

REPORT OF CLOSED SESSION:

Douglas Holland, City Attorney, reported as follows:
Three (3) items were added to the Closed Session Agenda, as previously noted in the Minutes.
The City Council did not take any reportable actions.
The City Council requested the following be provided to the public:
The City file a lawsuit against O&M HR LLC, Nexus Development Corporation, Richard Meaney et al in order to asert and reclaim the Prairie Schooner property as a potential violation pursuant to Government Code Section 1090.

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

Shelley Somerville spoke in support of Item 1D.

Frances Miller spoke in support of 1D.

Brenda Adams spoke in support of 1D.

Ann Leiboh spoke in support of 1D.

Carmen Ginter spoke in support of 1D.

Diane Fischer spoke in support of 1D.

Bill McMillan spoke in support of 1D.

Robert Doyle spoke in support of 1D.

Joy Silver spoke in support of 1D.

Beth Friedman spoke in support of 1D.

Lynn O'Neal spoke in support of 1D.

Carol Listenberger spoke in support of 1D.

Edward Hotzhauer thanked Councilmember Kors and balance for supporting this item, and asked Mayor Moon to support Item 1D.

Lisa Middleton spoke in support of 1D.

Carlos Pineda spoke in support of 1D.

Ruth Debra spoke in support of 1D and

Bob Terry spoke in support of 1D.

Richard Noble spoke in support of 1D, and asked Mayor Moon to support this ordinance.

Rosie Puentes spoke in support of 1D.

Lewis Stewart spoke in support of 1D.

Joy Brown Meredith stated more information is needed from the Police Chief before she is able to form an opinion on 3A.

Christy Holstege spoke in support of 1D and does not support 3A as drafted.

Aftab Dada spoke in support of 5D.

ROBERT STONE spoke against 5D.

Robin Abrahams spoke in support of 5E.

Diana Grace lives at the Four Season Development and does not support 5F.

Willy Halle lives at the Four Season Development and does not support 5F.

Michael Solomon lives at the Four Season Development and does not support 5F and please do not let them built it on top of the levy.

Ira Rosenthal lives at the Four Season Development and does not support 5F and asked not let them built it on top of the levy.

Anita Kerezman lives at the Four Season Development and does not support 5F and do not let them built it on top of the levy.

Patricia Breslin spoke regarding 3A, the "sit and lie" ordinance should not be incorporated in the sign ordinance, and keep the "silent salesmen" (portable signs) alive.

Karen Ellis spoke in support of 1D.

CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS:

David Ready, City Manager, report the following:
Over half of the documents pertaining to the escrow fund on the Downtown Project has been posted to the City's website. There are hundreds or pages and staff will continue to post them to the City's website and anticipate complettion in the next couple of business days.
An administrative policy was put in place several years ago to prohibit City travel to North Carolina; adding, Councilmember Kors asked if this was still in effect and stated this administrative policy is still in effect.
Stated Edward Kotkin is in the audience.

Mayor Moon commented about the annual Board and Commission recruitment to the City's Boards and Commissions and invited the public to apply.

Mayor Pro Tem Foat reported the Riverside County Transportation Commission recently approved two (2) projects, and thanked Marcus Fuller abd asked him to provide the details:
1) South Palm Canyon Bridge, total cost approximately $9 million, local funding portion will be approximately $250,000.
2) East Palm Canyon Bridge, total cost approximatley $8-9 million, funding percentages will be same as for the South Palm Canyon Bridge.
Mayor Pro Tem Foat commented on the Desert Sun opinions article and stated facts in the article are not accurate.

CITY COUNCIL SUBCOMMITTEE REPORTS:

Councilmember Roberts stated he and Councilmember Mills has a report regarding the Downtown Park, but will defer to later due to the fact the Downtown Project is on the agenda.

Motion to approve CITY COUNCIL SUBCOMMITTEE REPORTS: Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve CITY COUNCIL SUBCOMMITTEE REPORTS: (Approved)

1. CONSENT CALENDAR:

Motion to adopted Approve Items 1A, 1B, 1C, 1E, 1F, 1H, 1I, 1J, and 1K. Noting the recusal of Councilmember Mills on Items 1B and 1F. Moved by Councilmember Roberts, seconded by Councilmember Kors.

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

1.A. APPROVAL OF MINUTES:

Item 1A Staff Report

1.B. INDIAN CANYON DRIVE PEDESTRIAN BRIDGE REPAINTING:

Item 1B Staff Report

1.C. TREASURER’S INVESTMENT REPORT AS OF FEBRUARY 28, 2017:

Item 1C Staff Report

1.E. APPROVAL OF PARCEL MAP 36958:

Item 1E Staff Report

1.F. FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150 RESIDENTIAL UNITS LOCATED NORTH OF SAN RAFAEL ROAD, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, (CASE 5.0982-PD 290 / TTM 31848):

Item 1F Staff Report

1.J. APPROVAL OF THE FISCAL YEAR 2017-2018 CSA 152 SPECIAL ASSESSMENT RATE:

Item 1J Staff Report

1.K. ACCEPT THE RESIGNATION OF COSIMO AIELLO FROM THE PARKS AND RECREATION COMMISSION:

Item 1K No Materials

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

1.D. SECOND READING AND ADOPTION OF 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:

Mayor Moon stated the following:
Never spoke against people being in thsi country illegally.
Spoke in support of the Police Department's policy of not asking for an individual's immigration status, which has been in effect since 1981.
Reitterated that he supports this ordinance, except had concerns relating to the term "national origin" as it related to employment and contracting as it relates to federal law. Adding he cannot support something which conflicts with federal law. He research the matter and discovered it does not conflict with federal laws.
Stated, due to the fact there is no conflict with the federal laws, he will be supporting this ordinance.

Councilmember Kors stated he appreciates all the comments and thanked Chief Reyes and the Police Department placing this practice as policy.

Councilmember Mills asked the City Attorney if this ordinance will classify the City of Palm Springs as a sancuary city. The City Attorney responded that this ordinance does not classify the City of Palm Springs as a sancuary city. Further adding many people referred to it, therefore, he this point clarified. One very important point noted in the City Attorney's Summary, "unless otherwise authorized in Federal or State Law", and is one of the reasons he supports this ordinance.

Councilmember Kors stated it was agreed at the last meeting to change the word "authorized" to "required" in the City Attorney's Summary.

Interim City Clerk's Note: The edit was made prior to finalizing the document for signature.

Mayor Pro Tem Foat stated there is such thing as a sancuary city. In her opinion the term "sancuary city" is a place where people feel safe. She reiterated her support for this ordinance and glad Mayor Moon changed his mind, and how
proud she is of this City Council.

Motion to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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.” Moved by Mayor Moon, seconded by Councilmember Kors.

Vote to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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.” (Approved)

1.G. ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02:

Item 1G Staff Report

Councilmember Mills requested clarification.

Motion to approve Adopt Resolution No. 24201, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02.” Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to approve Adopt Resolution No. 24201, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-5282(042), CP 12-02.” (Approved)

1.H. APPROVE A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR A FUNDING CONTRIBUTION OF $290,000, AND APPROVE A PURCHASE ORDER IN THE AMOUNT OF $56,336 WITH ALBERT A. WEBB ASSOCIATES FOR THE VISTA CHINO (STATE ROUTE 111) AT VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CP 17-03:

Councilmember Roberts requested funding clarification.

Councilmember Mills requested additional funding clarification.

Motion to approve 1) Approve a Cooperative Agreement for State Highway Operation & Protection Program (SHOPP) Minor Funds Contribution from the California Department of Transportation for an amount up to $290,000 for the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A____. 2) Approve a Purchase Order in the amount of $56,336 with Albert A. Webb Associates for design services related to the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A6443. 3) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.

Vote to approve 1) Approve a Cooperative Agreement for State Highway Operation & Protection Program (SHOPP) Minor Funds Contribution from the California Department of Transportation for an amount up to $290,000 for the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A____. 2) Approve a Purchase Order in the amount of $56,336 with Albert A. Webb Associates for design services related to the Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A6443. 3) Authorize the City Manager to execute all necessary documents. (Approved)

Mayor Moon

2. PUBLIC HEARINGS: None.

3. LEGISLATIVE:

Item 3A Staff Report

3.A. INITIATE AND REFER TO THE PLANNING COMMISSION AN ORDINANCE RELATING TO THE CITY'S SIGN ORDINANCE AND EXTEND INTERIM URGENCY ORDINANCES 1893 AND 1912 IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS TO JULY 21, 2017:

Douglas Holland, City Attorney, provided the staff report as noted in the staff report.

Councilmember Mills requested clarification and modifications in the following areas:
Portable signs in commercial zones.
Section 93.20.04, subsection 2, Sign on Public Property or Rights-of-Way.
Section 93.20.05, subsection C, Portable Signs.
Portable signs as it relates to complying with ADA requirements; does not feel 48" is adequate and feels it should be at least 72" for ease of movement.
Portable sign designs with respect to "design criteria established by the Director of Planning Services.

Councilmember Roberts stated concerns and/or requested claification on the following:
Support of A-frame signs to be in compliance with ADA requirements.
Wanting the businesses to be successful.
The need for quality signs and the criteria be set by the Director of Planning Services or a Planning Commission subcommittee.
Inquired about the City's liability, and the need for the business owner to assume full responsibility.
Section 93.20.04, subsection 2, Sign on Public Property or Rights-of-Way.
Section 93.20.05, subsection B, 2, Permitted signs - Commercial and Industrial Business, Permitted signs - Secondary signs.
The limit of signs on glazing to the first floor of the build.
Portable signs and the need for permits.
Human signage.
Temporary signs for an event, size and duration.
Where is political signs be addressed?

Councilmember Kors spoke of concerns and requested clarifications:
Business with private patios. May they have a portable sign?
How will fines and multiple fines be handled? Will their portable sign permit be revoked?

Councilmember Kors highlighted some key points with the draft proposed ordinance:
All commercial businesses throughout the City will be able to have one portable sign, and not only within the Downtown and Uptown areas.
Other opportunities have been provided i.e. blade signs, etc.
The need for permits prior to errecting signs.

Councilmember Kors asked the City Manager if it is possible to educate the business owners of the current ADA laws with respect to portable signs.

Davud Ready, City Manager, stated going forward staff will work with the City's business partners i.e. Main Street etc. and s tart and educational program to educate and enforce.

Mayor Pro Tem Foat stated there should be uniformity with respect to the signs and that the ordinance includes a "tacky clause".

Mayor Moon stated all the important points have been address and looking forward to the comments from the Planning Commission.

Motion to approve 1) Initiate and refer to the Planning Commission for review and comment, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10, AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION 12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CITY'S SIGN ORDINANCE." 2) Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1922, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO JULY 21, 2017." (4/5THS Vote Required) Moved by Councilmember Roberts, seconded by Councilmember Kors.

Councilmember Mills stated though the ADA requires 48" sidewalk clearance, it is his hope the Planning Commission will consider more than 48" for those with disabilities.

Vote to approve 1) Initiate and refer to the Planning Commission for review and comment, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10, AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION 12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CITY'S SIGN ORDINANCE." 2) Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1922, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912 OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO JULY 21, 2017." (4/5THS Vote Required) (Approved)

Mayor Moon Recessed the meeting at 8:23 p.m.

Mayor Moon reconvened the meeting at 8:30 p.m.

3.B. INTERIM URGENCY ORDINANCE REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS:

Item 3B Materials to Follow

Douglas Holland, City Attorney, provided background information, as a result of recent actions with respect to the Epic Hotel.

Mayor Pro Tem Foat provided additional background information and some key points of the urgency ordinance as follows:
Provide 90-day notice to tenants with respect to eviction or rent increase.
Take into consideration the length of time of residency at the location.

Councilmember Kors provided comments relating to the conversion of apartments to hotels or condos as follows:
Maintaining the City's affordable housing stock.
Provide a 90-day notice to tenants.
Provide a 180-day notice to seniors and tenants with disabilities, plus free rent.
Three (3) months free rent plus an additional month for each year of residency beyond three (3) years.

Motion to approve Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1923, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS.” (4/5THS Vote Required). Moved by Councilmember Roberts, seconded by Councilmember Kors.

Councilmember Mills stated this first time seeing it, and the public has not had the opportunity to review and comment on this urgency ordinance. Further, he stated he is not opposed to this urgency ordinance; however, due to the fact the public has not had the opportunity to review the urgency ordinance is not acceptable to him. Therefore, he will not support this; however, he will support this placed on the next agenda.

Mayor Pro Tem Foat this is an urgency ordinance and cited the example of the woman with children whose rent was increased over $150, and the need to stop other incidents like this from taking place.

Councilmember Roberts concurs with Councilmember Mills, and asked the City Attorney for an alternative.

Douglas Holland, City Attorney, stated rather than allow the urgency ordinance to be effective for almost a year, the Council may make it effective for a 45-day period and return to the urgency ordinance to the City Council for action thus providing the public adequate time to review and provide comments.

It was the conscensus of the majority of the Council to have it effective to the first May meeting.

Motion to approve Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1923, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS” (4/5THS Vote Required). Noting this urgency ordinance will expire at the first meeting in May, 2017, on May 3, 2017. Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1923, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION OF CERTAIN TENANT RELOCATION AND PROTECTION AS A CONDITION OF APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY THE CITY OF PALM SPRINGS” (4/5THS Vote Required). Noting this urgency ordinance will expire at the first meeting in May, 2017, on May 3, 2017. (Approved)

4. UNFINISHED BUSINESS: None.

5.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT:

Edward Kotkin address the Mayor and City Council.

Councilmember Kors

dhr provided a summary of the process.

Councilmember Roberts spoke in support of approving the City Attorney Employment Agreement and thanked Doug Holland for this service to the City.

Councilmember Kors spoke in support of approving the City Attorney Employment Agreement and thanked Doug Holland for this service to the City.

Mayor Pro Tem Foat spoke in support of approving the City Attorney Employment Agreement and thanked Doug Holland for this service to the City.

Mayor Moon spoke in support of approving the City Attorney Employment Agreement and compli

Motion to approve 1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 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 Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 2) Authorize the City Manager to execute all necessary documents. (Approved)

5. NEW BUSINESS:

5.F. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK MULTI-MODAL TRANSPORTATION PROJECT:

Item 5F Staff Report

Mayor Pro Tem Foat and Councilmember Mills provided the report.

Mayor Moon voiced the following concerns:
The cost to maintain the portion of the CV Link in Palm Springs will be over $500,000 annually.
The need for additional public safety.
Consider placing it before the voters once the costs have been determined.

Councilmember Kors spoke in support of the project, and cited the many positive comments received from the City's residents and the majority of it is in Palm Springs., supports Option 3 which addresses the concerns the Four Seasons residents have voiced, the opportunity to be outside and enjoy our beautiful city, adding this is a vision of the future.

Councilmember Roberts stated he understands Mayor Moons concerns, concurs with the comments made by Councilmember Kors, mentioned ways to obtain outside fund, and the need to solve some of the problems, asked the subcommitte to come up with alternatives for maintenance and funding, publicize these alternatives, and work with CVAG.

Mayor Pro Tem Foat spoke of her support for this project, and stated some of the points raised are the very reasons for her support.

Mayor Moon stated he is not opposed to the project as a whole. He supports the Tahquitz Creek portion of the CV Link and noted the project will not go through Rancho Mirage, and Indian Wells will be taking the project to the voters to decide.

Councilmember Mills stated this has been part of the City's Master Plan and stated his support.

5.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT:

Item 5A Staff Report

The Mayor and Council introduced Edward Z. Kotkin.
Mr. Kotkin provided background information on his experience, and stated he looks forward to being the in-house attorney for the City of Palm Springs.
Councilmember Kors ask Douglas Holland, City Attorney, to tell the public of Mr. Kotkin's work while he was with his firm.
Mr. Holland stated he reviewed records back to January 2010, looking for work Mr. Kotkin did for the City of Palm Springs and identified four (4) cases for the City of Palm Springs as follows:
One Case Police Department, approximately 1.6 hours
Code Enforcement Cases, approximately 4.0 hours
Mr. Holland added Mr. Kotkin did not work on or assist with the Downtown Project.

The Mayor and City Council spoke in support of Mr. Kotkin and thanked Mr. Holland for his 12 plus years with the City of Palm Springs.

Motion to adopted 1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 2) Authorize the City Manager to execute all necessary documents. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.

Vote to adopted 1) Approve Employment Agreement with Edward Z. Kotkin for position of City Attorney. A____. 2) Authorize the City Manager to execute all necessary documents. (Approved)

5.B. AWARD A CONSTRUCTION CONTRACT TO AUDIO ASSOCIATES IN THE AMOUNT OF $1,288,256.93 FOR THE CITY COUNCIL CHAMBER AUDIO/VISUAL SYSTEM UPGRADE, CP 15-06:

Item 5B Staff Report

Marcus Fuller, Assistant City Manager/City Engineer, provided the background information as outline in the staff report.

Motion to approve 1) Adopt Resolution No. ____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES." 2) Award to an agreement to Audio Associates in the amount of $1,288,256.93, for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A____. 3) Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement, in the amount up to $50,000 for construction management and inspection services for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A6686. 4) Authorize the temporary relocation of all scheduled City Council, Board and Commission meetings to the Convention Center or alternate available location throughout the duration of construction.6) Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $128,826. 5) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Roberts, seconded by Councilmember Mills.

Vote to approve 1) Adopt Resolution No. ____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES." 2) Award to an agreement to Audio Associates in the amount of $1,288,256.93, for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A____. 3) Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement, in the amount up to $50,000 for construction management and inspection services for the City Council Chamber Audio/Visual System Upgrade, CP 15-06. A6686. 4) Authorize the temporary relocation of all scheduled City Council, Board and Commission meetings to the Convention Center or alternate available location throughout the duration of construction.6) Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $128,826. 5) Authorize the City Manager to execute all necessary documents. (Approved)

5.C. DISCUSSION OF PUBLIC PARKING OPTIONS FOR THE DREAM HOTEL LOCATED AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:

Item 5C Staff Report

dhr

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:

Item 5D Staff Report

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:

Item 5E Staff Report

5.C. DISCUSSION OF PUBLIC PARKING OPTIONS FOR THE DREAM HOTEL LOCATED AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:

dhr provided a summary as outline in the staff report.

Councilmember Roberts requested additional information for amount of parking spaces available and required. suggest re-couping the $$ hold for future parking.

Motion to approve Approve the lump sum payment of $2,675,000 to the City and hold it in a special account for future parking. Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat.

Councilmember Mills requested additional information relating to the site plan.

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:

Item 5D Staff Report

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:

Item 5E Staff Report

jr provided an outline of the staff report.

5.D. AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION LOAN ON BLOCK B:

Douglas Holland, City Attorney, and David Ready, City Manager, provided the summary as outline in the staff report.

Councilmember Kors requested clarification on the payment process of this project; adding this payment is pursuant to the agreement, and inquired if this requires City Council approval.

David Ready, City Manager, stated in the spirit of transparency, out of abundance of caution due to the recent indictments, and at the advice of Special Counsel, with expertise in this area, going forward staff wants to ensure the City Council is aware of all expenditures relating to this project.

Councilmember Kors spoke with respect to change orders in 2014, they are consistant with the Specific Plan but not Specified by the Specific Plan.

Councilmember Kors requested confirmation that the City is only paying bills as they are submitted for payment in accordance to the agreement. David Ready, City Manager, confirmed that is correct, the monies were previously allocated, and the City is not allocating additional funds for the payment of these bills.

Mayor Pro Tem Foat stated the following:
1. Comments received are appreciated.
2. Information provided by the media and the public are not always accurate.
3. This is payment for work on City property.
4. There are two people checking to ensure the work has been completed and the invoices are accurate, before payment is approved.

Councilmember Roberts requested the Owners Representative to provide details.

Michael Fontana, Owners Representative, provided detailed information with respect to the checks and balances.

Motion to approve 1) Authorize the City Manager to release payments to Palm Springs Promenade, LLC, through the public improvement escrow account, for public improvements completed to the satisfaction of the City Engineer, and upon independent third-party verification of the completion of the public improvements, in accordance with the original Public Financing Agreement approved on September 7, 2011.
2) Find and reaffirm the additional improvements the City previously identified as necessary and/or appropriate as part of a change order process initially undertaken in November and December of 2014, are consistent with the current, adopted Specific Plan and are still necessary and appropriate, and authorize payment in an amount not exceed $3,060,582.40 for such improvements upon independent third-party verification of the completion of all of such public improvements.
3) Authorize the City Manager to execute a Subordination Agreement in a form approved by the City Attorney, allowing the City's priority interest under the terms of the Performance Trust Deed to be subordinated in favor of a construction loan on Block B.
4) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.

Vote to approve 1) Authorize the City Manager to release payments to Palm Springs Promenade, LLC, through the public improvement escrow account, for public improvements completed to the satisfaction of the City Engineer, and upon independent third-party verification of the completion of the public improvements, in accordance with the original Public Financing Agreement approved on September 7, 2011.
2) Find and reaffirm the additional improvements the City previously identified as necessary and/or appropriate as part of a change order process initially undertaken in November and December of 2014, are consistent with the current, adopted Specific Plan and are still necessary and appropriate, and authorize payment in an amount not exceed $3,060,582.40 for such improvements upon independent third-party verification of the completion of all of such public improvements.
3) Authorize the City Manager to execute a Subordination Agreement in a form approved by the City Attorney, allowing the City's priority interest under the terms of the Performance Trust Deed to be subordinated in favor of a construction loan on Block B.
4) Authorize the City Manager to execute all necessary documents. (Approved)

5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE DOWNTOWN PALM SPRINGS PARK:

Councilmember Roberts provided summary as outlined in the staff report.

Councilmmember Mills provided information on the process and the two proposed community outreach workshops.
1. First public workshop, Mr. Rios will evaluate information from the first public workshop, report back to the City Council subcommittee, and later to the City Council as a whole during the conceptual stage.
2. A hardline conceptual plan will be presented at the second public workshop to receive additional input from the public.
3. Presentation of the hardline conceptual plan to the City Council as a whole for approval prior to the preparation of the construction documents.

Councilmember Roberts requested an estimated cost from Mr. Rios with respect to the next step after the completion of the conceptual plan.

shoot for the week of 17 or 24th will Kate Castle

Motion to approve 1) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project.
2) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services. A____. Moved by Councilmember Mills, seconded by Councilmember Kors.

Motion to approve 1) Receive report from the City Council Downtown Palm Springs Park Ad Hoc Subcommittee (Councilmembers Mills and Roberts). 2) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project. 3) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services. A____. Moved by Councilmember Mills, seconded by Councilmember Kors.

Vote to approve 1) Receive report from the City Council Downtown Palm Springs Park Ad Hoc Subcommittee (Councilmembers Mills and Roberts). 2) Waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Rios Clementi Hale Studios has demonstrated experience and expertise of providing the required landscape design services through prior experience partnering with the City on the initial development of conceptual designs for the Downtown Palm Springs Park, and through a competitive qualifications based selection process completed by the City of Santa Monica through its Request for Proposal (RFP No. SP2422) for the Airport Park Expansion Project. 3) Approve an agreement with Rios Clementi Hale Studios, in the amount of $38,000 for professional landscape architectural design services. A____. (Approved)

PUBLIC COMMENT: (Non-Agenda Items)

Kate Castle spoke in reference to the closure of the Well in the Desert, and the need for both long term and short term solutions, suggesting allowing the use of the showers at the Pavillion on a short term basis; and suggested a long term plan on a plot of land that has a concrete pad.

Carrie Allen invited the City Council and the public to the Easter Sunrise Service at the O'Donnell House, at 5 a.m. on April 16, 2017.

COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Mayor Pro Tem Foat requested a City Council Annexations and Land Acquisitions ad hoc subcommittee meeting (subcommittee members - Councilmember Roberts and Mayor Pro Tem Foat).

Mayor Moon requested agendizing boarded and vacant building ordinance.

David Ready, City Manager, report on the placement of documents on the City's website with respect to the Downtown Project.

Mayor Moon reported the Downtown Project completion schedule has been placed on the City's website.

Councilmember Kors requested the following:
1. Agendizing the definition of "estate homes" for April 19, 2017, or May 3, 2017, City Council meeting.
2. Agendizing the ethics and transparency item for May 17, 2017.

ADJOURNMENT:

adj at 10:41

Councilmember Kors asked for clarification, if this normally brought to the City Council for approval.

David Ready, City Manager, stated this action is brought before the City Council for action in the spirit of transparency, the recent indictments, excerising an abundance of caution, and at the advise of Special Counsel with expertise in this area.

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