Agenda packet — Palm Springs City Council, July 14, 2022

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

Submit your public comment to the City Council electronically. Material may be emailed to [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.

You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.

View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

JULY 14, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

July 14, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of December 9, 2021.

C. APPROVAL OF CITY COUNCIL MEMBER APPOINTMENTS AS

REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
RECOMMENDATION:

Appoint Mayor Middleton and Mayor Pro Tem Garner (Alternate) to the Coachella Valley Association of Governments Executive Committee.

1. Appoint Mayor Pro Tem Garner to the Riverside County Community Action Commission.

2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

3. D. RESOLUTION DECLARING THE CITY OF PALM SPRINGS A SAFE CITY FOR

REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING PALM SPRINGS A SAFE CITY FOR REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION.”

E. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARD RETIREE

UNFUNDED ACCRUED LIABILITY
RECOMMENDATION:

Receive and file a report on the early lump sum annual payment to CalPERS toward retiree Unfunded Accrued Liability.

July 14, 2022 City Council Regular Meeting Agenda 3

F. INITIATION OF ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Adopt a Resolution entitled, “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. 25, TRACT MAP NO. 38416.”

G. APPROVAL OF INCREASE TO PURCHASE ORDER WITH INSIGHT
ENTERPRISES, INC. FOR ADDITIONAL MICROSOFT ENTERPRISE LICENSING RECOMMENDATION:

Approve an increase to the purchase order with Insight Public Sector, Inc. for the Microsoft Enterprise Licensing Agreement, from $145,241 to an amount not to exceed $220,000 for the third and final year of the purchase order.

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

2. PUBLIC HEARINGS:

A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND

PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR
2022-2023
RECOMMENDATION:

Open the Public Hearing and take public testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION

AND MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE
DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE

LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2022/2023.”

2. July 14, 2022 City Council Regular Meeting Agenda 4

3. BUSINESS & LEGISLATIVE:

A. CONSIDERATION OF SISTER CITY PROGRAM PROPOSAL
RECOMMENDATION:

Direct staff as appropriate.

B. REQUEST BY PALM SPRINGS COFFEESHOP, LLC FOR A MINOR MODIFICATION

FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY/CAFE LOUNGE AT 605 EAST SUNNY DUES ROAD (CASE 7.1647 AMM)
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE

MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (COFFEESHOP, LLC) PROPOSED AT 605 EAST SUNNY DUNES ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1647 AMM).”

1. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE

2. C. CVRA WORKING GROUP RECOMMENDATION – REDUCING BARRIERS TO

RUNNING FOR CITY COUNCIL AND WORKING ON CITY COUNCIL
RECOMMENDATION:

Provide direction to staff as appropriate.

D. APPROPRIATE FUNDS FOR A FACADE IMPROVEMENT/ BUSINESS ASSISTANCE

GRANT PROGRAM FOR COMMERCIAL PROPERTY OWNERS OR TENANTS THROUGHOUT THE CITY OF PALM SPRINGS AND APPROVE $150,000 TO FUND

THE PROGRAM
RECOMMENDATION:

Appropriate funds in the amount of $150,000 to the Facade Improvements Grant Program for Commercial-Retail Businesses throughout the City of Palm Springs.

1. Provide direction to staff on the implementation of a Security Video Camera System and Vandalism Repair Grant program in the additional amount of $50,000.

2. Authorize City Manager or his designee to execute all documents.3.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public July 14, 2022 City Council Regular Meeting Agenda 5
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on
July 8, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

July 14, 2022 City Council Regular Meeting Agenda 6

CITY COUNCIL STAFF REPORT
07/14/2022

City Clerk -

SUBJECT
RECESS TO CLOSED SESSION: See Closed Session Agenda.

Attachments
2022-07-14 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, July 14, 2022 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Letter from Law Offices of Mabon & Associates and Law Offices of Bennett, Sharpe, & Bennett, Inc., dated July 5, 2022, on behalf of Survivors & Descendants of Section 14.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 54956.9(d)(1)

Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Gov’t Code § 54957.6

Name of case:

Friends of Mayor Frank Bogert v. City of Palm Springs, Riv. Ct. Case No. CVPS2201657

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov’t Code § 54956.8

Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants

CITY COUNCIL STAFF REPORT
07/14/2022 1. A.

City Clerk -

SUBJECT

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT

DATE: July 14, 2022 CONSENT CALENDAR

SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

FROM: Justin Clifton, City Manager

BY: Monique Lomeli, Interim City Clerk

RECOMMENDATION:

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:

(1) state or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - 1
City Council Staff Report
July 14, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

Item 1A - 2

CITY COUNCIL STAFF REPORT
07/14/2022 1. B.

City Clerk -

SUBJECT

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of December 9, 2021.

Attachments
Item 1B
Thursday, December 9, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege on Thursday, December 9 , 2021, at 5:40 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Holstege led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege

Absent: None.

City Staff

Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:
• P RE
SENTATION BY PALMS SPRINGS ANIMAL SHELTER (Verry)
• COVID-19 CASE UPDATE (Clifton/ Kontaxis/Saruwatari)
• APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM (Mejia)

MOTION BY COUNCILMEMBER WOODS , SECOND BY COUNCILMEMBER KORS , CARRIED 5-0, to appoint Lisa Middleton to the position of Mayor and Grace Garner to the position of Mayor Pro Tem for a one-year term commencing upon appointment. • C ER

TIFICATE OF CONGRESSIONAL RECOGNITION BY CONGRESSMAN RUIZ TO MAYOR MIDDLETON (Suarez)
• OATH OF OFFICE BY OUTGOING MAYOR HOLSTEGE TO MAYOR MIDDLETON • COMMENTS FROM OUTGOING MAYOR HOLSTEGE
• PERFORMANCE BY THE TRANS CHORUS OF LOS ANGELES
• COMMENTS FROM INCOMING MAYOR MIDDLETON
Item 1B - 1
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES ACCEP
TANCE OF THE AGENDA:

Mayor Middleton noted the City Clerk reminded City Council it must consider Item No. 2A at 7:00 p.m. and stated that she is requesting hearing Item 4A immediately after Item 2A.

Mayor Pro Tem Garner noted her recusal on Item 1M for business reasons.

Councilmember Holstege noted her recusal on Item 1M because of a potential financial conflict.

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER HOLSTEGE , CARRIED 5-0, to approve the agenda, as amended.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of December 9 , 2021, was called to order by Mayor Holstege at 3:30 p.m., with all members present.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATI NG SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONF
ERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONF
ERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Fred Noble/ D&E Land Company LLC
Under Negotiation: Price and Terms of Payment
Property Description: Boulders Property (Lots 1-45 of Tract Map 31095/APNs 504- 150-011 through -055); Crescendo Property (APN 504-040- 046); Gene Autry Property (APNs 677-540-028 & 677 -540- 029); Block G of parcel map 36446 (APN 513-560-048)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Item 1B - 2
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Negotiating Parties: Potential buyer(s)
Under Negotiation: Price and Terms of Payment
Property Description: 2990 E. Tahquitz Canyon Way (APN 502-143-004) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment
CON
FE
RENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, City Labor Negotiator
Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
City Attorney Ballinger announced Councilmember Garner recused herself on one matter of potential litigation due to a conflict of interest related to her source of income; reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) The following individuals provided public comment:

Bruce Hoban, on behalf of Palm Springs Hospitality Association and Palm Springs Resort Board Members, regarding Item 4A.

Denise Jansen Eger, regarding Item 1R.

James Green, on behalf of the Gene Autrey Neighborhood Organization, regarding Item 4A.

Cit
y Clerk Mejia noted it is close to 7:00 p.m. and asked City Council to proceed with Item 2A at this time. Please see Page 10 for a report of this action.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Mayor Holstege requested the opportunity to make a presentation at an upcoming City Council meeting of the accomplishments made in the City in the last two years.

Item 1B - 3
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES City Manager Clifton discussed recent community visioning meetings in relation to the City's strategic plan as well as stakeholder meetings regarding homeless issues.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve the consent calendar.

A. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve the City Council Meeting Minutes of July 1, July 22, July 26, August 04, and August 11, 2021.

B. RECEIVE AND FILE BOARD AND COMMISSION MEETING MINUTES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to receive and file Board and Commission meeting minutes.

C. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

Item 1B - 4
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D. ACCEPT RESIGNATIONS FROM THE PUBLIC ARTS COMMISSION AND

PLANNING COMMISSION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to a ccept with regret the resignation of Maria Song from the Planning Commission and Christina Demiany from the Public Arts Commission.

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2053 AMENDING

THE PALM SPRINGS MUNICIPAL CODE RELATING TO WASTE DISPOSAL

AND DIVERSION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to adopt Ordinance No. 2053 entitled, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WASTE DISPOSAL AND DIVERSION."
F. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2021

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to receive and File Treasurer’s Investment Report as of August 31, 2021.

G. SUSPENSION OF THE PALM SPRINGS INTERNATIONAL AIRPORT 2019 AIR

SERVICE INCENTIVE PROGRAM AND INCREASE IN FEE-WAIVER CAP

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. Approve the suspension of the Palm Springs International Airport Air Service Incentive Program.

2. Approve the increase of the fee waiver cap from $500,000 to $853,000 in order to approve and honor all airline applications which have been received through the 2019 Air Service Incentive Program.

3. Authorize the City Manager to execute all necessary documents.

H. APPROVAL OF AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. Adopt Resolution No. 24960 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT Item 1B - 5
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.".

2. Authorize the City Manager to execute all necessary documents.

I. AWARD OF A CONSTRUCTION CONTRACT TO BWW & COMPANY INC. , A CALIFORNIA CORPORATION, IN THE AMOUNT OF $898,108 FOR THE

DEMUTH COMMUNITY CENTER EGRESS AND HVAC IMPROVEMENTS,
CITY PROJECT NO. 19-14

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. A
wa
rd a construction contract to BWW & Company Inc., a California corporation, in the amount of $898,108 for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14. A9017

2. Authorize the City Manager to execute all necessary documents.

J. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2020-21

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to receive and file the City’s Development Project Fee Report for Fiscal Year 2020-21.

K. AUTHORIZE THE CITY MANAGER TO APPROVE AND EXECUTE

ADDITIONAL CONSTRUCTION CONTRACT CHANGE ORDERS UP TO
$300,000 FOR THE PALM SPRINGS INTERNATIONAL AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT NO. 19-34

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to a uthorize the City Manager to approve and execute construction contract change orders up to an additional $300,000 (for a maximum of $476,055) for the Passenger Boarding Bridges (the Project), City Project No.19-34.

L. APPROVE CHANGE ORDER NO. 1 TO CONTRACT WITH ZASUETA
CONTRACTING, INC. FOR PLAYGROUND SURFACING, CITY PROJECT NO. 20-29

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. A
pprove
Change Order No. 1 in the amount of $222,869 to the contract with Zasueta Contracting, Inc. for Playground Surfacing, City Project No. 20-29.

2. Authorize the City Manager to execute all necessary documents.

Item 1B - 6
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES M. GREEN SAVANTS, LLC, REQUESTING APPROVAL OF AN

ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE

MINIMUM SEPARATION REQUIREMENTS FROM A YOUTH CENTER TO A PROPOSED CANNABIS FACILITY LOCATED AT 888 EAST RESEARCH DRIVE (CASE 7.1644 AMM)
Councilmember Holstege and Mayor Pro Tem Garner announced their recusal due to a conflict of interest related to their sources of income.

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM GARNER, CARRIED 3-0 (COUNCILMEMBER HOLSTEGE AND MAYOR PRO TEM GARNER RECUSED), to adopt Resolution No. 24961 entitled, "A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (GREEN SAVANTS, LLC) PROPOSED AT 888 EAST RESEARCH DRIVE FROM AN EXISTING YOUTH CENTER LOCATE D AT 820 EAST RESEARCH DRIVE (CASE 7.1644 AMM)."
N. APPROVE A FUND BALANCE TRANSFER FROM THE CAPITAL PROJECTS

FUND FOR PURCHASE OF A THREE -YEAR CROWDSTRIKE ENDPOINT

PROTECTION SUBSCRIPTION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve a transfer from Capital Projects Fund Balance in the amount of $50,000 for Information Technology expenses, as outlined in the staff report.

O. SETTLEMENT AGREEMENTS REGARDING OPIATE LITIGATION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. Adopt Resolution No. 24962 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CITY OF PALM

SPRINGS, CALIFORNIA, TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC.,

AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUITCA, INC., AGREE TO THE TERMS OF THE

MOU ALLOCATING SETTLEMENT PROCEEDS, AND AUTHORIZE ENTRY INTO THE MOU WITH THE ATTORNEY GENERAL.”

2. Aut
horize the City Attorney to execute any documents necessary to effectuate such settlement.

Item 1B - 7
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES P. OLIVIA COMMUNITIES PROPOSING A DEMOLITION PLAN FOR CERTAIN

NON-HISTORICALLY DESIGNATED BUILDINGS AT THE PALM SPRINGS RACQUET CLUB LOCATED AT 2743 NORTH INDIAN CANYON DRIVE (CASE HSPB 83 / 3.1382)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve the demolition plan, as outlined in the staff report.

Q. REQUEST BY DAVID H. SCHWARTZ AND KRISTA R. FILE, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 222, A CONTRIBUTING

STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #504-131-037), (HSPB #88/HD-3)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, David H. Schwartz and Krista R. File, and the Racquet Club Cottages West Homeowners Association. A9018

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

R. ACCEPTANCE OF A PROPOSED MAINTENANCE AND SECURITY PLAN FOR

THE SERENA PARK PROJECT RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL

UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE 5.1327)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5 -0, to a ccept the maintenance and security plan, subject to the following:
a. Daily patrols by a property representative shall be required. b. Surveillance cameras shall be installed in strategic locations to minimize trespassing. c. Developer shall post “No Trespassing” signs at commonly known fence breaks. d. A temporary fence may be required along the northeasterly border of the property to prevent off-road vehicle trespassing from the open desert/wash areas, if it is determined by Staff that, after three months of implementing other security measures and recommendations, said vehicles continue to traverse the project site.

Item 1B - 8
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES e. A monthly meeting with Code Enforcement Staff to review on- site trash and debris removal, shall be required until on-site construction starts. f. D eve
loper shall apply sealant to disturbed areas of the project that reduce dust and blowing sand.

S. ACCEPTANCE OF THE WASTEWATER TREATMENT PLANT (WWTP)
BIOSOLIDS HANDLING AREA, CITY PROJECT 20-15

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. A
cc
ept the new biosolids handling area and associated improvements as identified as the WWTP Biosolids Handling Area, City Project 20-15, as completed.

2. A uthor
ize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for WWTP Biosolids Handling Area, City Project No. 20-15.

T. REQUEST BY DAVID ZIPPEL AND MICHAEL JOHNSTON, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE GOLDBERG RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 2340 SOUTHRIDGE DRIVE (APN #510 -250-006), (HSPB #135)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. A
pprove
a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and David Zippel and Michael Johnston. A9019

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

U. APPROVE A LOAN AGREEMENT IN THE AMOUNT OF $3,600,000 FOR THE

VISTA SUNRISE II PERMANENT SUPPORTIVE HOUSING/ AFFORDABLE HOUSING PROJECT LOCATED AT 1527 NORTH SUNRISE WAY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. A
ppropr
iate $3,600,000 from the City’s Low - and Moderate-Income Housing Asset Funds ($1,600,000) and from the Housing Homelessness Assistance Program funds ($2,000,000).

Item 1B - 9
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

2. Approve a Loan Agreement in the amount of $3,600,000 for the Vista Sunrise II Project. A9020

3. A uthor
ize the City Manager, or his designee, to execute the Loan Agreement, including making minor, non-substantive changes, and to sign all documents necessary.

2. P UBL
IC HEARINGS:

A. RE DIS
TRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ AND REVIEW OF THE SCHEDULE OF PUBLIC

HEARINGS AND COMMUNITY WORKSHOPS
Attorney Priest presented a PowerPoint presentation.

City Clerk Mejia provided an overview of meeting dates and availability of mapping tools, Mayor Middleton opened the public hearing and the following individuals provided public comment:

David Friedman, resident.

Ed Doobie, resident.

Ther
e were no other speakers and Mayor Middleton closed the public hearing.

Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. R ec
eive a report from Staff and the City’s redistricting consultant on the continued redistricting process and review draft maps.

2. C onduc
t a public hearing to receive public input on district boundaries.

3. Di re
ct staff to proceed with the accelerated schedule of Public Hearings and Community Workshops.

City Council concurred to skip to Item No. 4A at this time. Please see Page 13 for a report of this action.

B. RE QUE

ST BY SUNIA INVESTMENTS LLC, FOR A TENTATIVE TRACT MAP
(TTM 37143) FOR THE CONSTRUCTION OF A TWENTY- FOUR (24) UNIT CONDOMINIUM PROJECT LOCATED AT 305 WEST SAN RAFAEL ROAD, ZONE R-2
Director of Development Services Fl inn Fagg narrated a PowerPoint presentation, and responded to City Council inquiries.

Item 1B - 10
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Mayor
Middleton opened the public hearing, and the following individuals provided public comment:

Jerome Pelayo, Applicant.

Ther
e were no other speakers and Mayor Middleton closed the public hearing.

Following discussion, MOTION BY COUNCILMEMBER WOODS , SECOND BY MAYOR MIDDLETON , CARRIED 5 -0, to a dopt Resolution No. 24963 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 37143 CREATING ONE (1) LOT EQUALING 4.05-ACRES FOR THE PURPOSE OF A TWENTY-FOUR (24) UNIT CONDOMINIUM PROJECT CONSISTING OF FOUR (4) ATTACHED CONDOMINIUM UNITS IN SIX (6) BUILDINGS ON COMMON GROUND LOCATED AT 305 WEST SAN RAFAEL ROAD, ZONE R-2, SECTION 4 (APN 504-103-001,-106)." Recess and Reconvene
Mayo
r Middleton called for a recess at 9:00 p.m. The meeting was reconvened at 9:12 p.m. with all Councilmembers, present.

C. D EVELO

PMENT AGREEMENT WITH DESERT AIDS PROJECT TO VEST

CERTAIN DEVELOPMENT RIGHTS FOR A TERM OF TEN YEARS AND A

TIMELINE FOR CONSTRUCTION ASSOCIATED WITH APPROVAL OF CASE

3.1047 MAJ FOR THE ADDITION OF A NEW 18,500-SQUARE-FOOT MEDICAL OFFICE PAVILION LOCATED AT 1695 NORTH SUNRISE WAY, ZONE PD 281 (CASE 5.0934 DA)
Director of Development Services Flinn Fagg narrated a PowerPoint presentation.

Mayor Middleton opened the public hearing and the following individual provided public comment:

David Brinkman, Chief Executive Officer, Desert Aids Project.

Ther
e were no other public comments and Mayor Middleton closed the public hearing.

Following discussion, MOTION BY COUNCILMEMBER KORS , SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to introduce Ordinance No. 2054 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, VESTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY

OF PALM SPRINGS AND THE DESERT AIDS PROJECT FOR THE DEVELOPMENT OF AN 18,500-SQUARE FOOT MEDICAL OFFICE EXPANSION PROJECT KNOWN AS THE PAVILION LOCATED AT 1695 NORTH SUNRISE WAY.” A9021 Item 1B - 11
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D. PUBLIC HEARING REGARDING PROPOSED ANNUAL AND

EXTRAORDINARY RATE ADJUSTMENTS FOR SOLID WASTE AND

RECYCLING COLLECTION SERVICES
City Attorney Ballinger explained the requirements of Proposition 218 governing this public hearing and discussed noticing, the purpose of the public hearing and the protest process.

Sustainability Manager Patrick Tallarico narrated a PowerPoint presentation.

Mayor Middleton opened the public hearing and the following individuals provided public comment:

Lyndon Moss, resident.

Julie Estrada, resident.

Virginia Moran, resident.

Su
stainability Manager Tallarico reported that the extraordinary rate and adjustment costs generated as the result of changes in the recycling market that have occurred since 2016.

There were no other public comments and Mayor Middleton closed the public hearing.

City Clerk Mejia reported that a majority protest was not reached, and Council may proceed with the adoption of the proposed resolution.

Following discussion, MOTION BY COUNCILMEMBER KORS , SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to adopt Resolution No. 24964 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SOLID WASTE CHARGES.”
E. APP
EAL OF REVOCATION OF CANNABIS PERMIT NO. C-2017- 012 (JOY INDUSTRIES, INC.)
This item was removed from the agenda.

Item 1B - 12
City Council Minutes December 9, 2021
City of Palm Springs

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

3. LEGIS
LATIVE:

A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO UPDATE THE PRIMA FACIE SPEED LIMITS OF

VARIOUS CITY STREETS
Principal Civil Engineer Don Uyeno presented the staff report.

Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to i ntroduce Ordinance No. 2055 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS

MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS.”

4. UNFINI
SHED BUSINESS:

A. REVIEW OF EMERGENCY ORDERS RELATED TO COVID-19
Emergency Management Coordinator Daniel DeSelms provided an update on the status of COVID-19 in the City, across the Coachella Valley and Riverside County.

Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to maintain the existing regulations through January 27, 2022.

5. NE W B
USINESS: None.

PUBLIC COMMENTS ON NON-AGENDA ITEMS: None

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Garner suggested engaging small businesses off the strip in discussions regarding COVID-19 restrictions.

Councilmember Kors announced the upcoming point-in-time count and encouraged volunteers.

ADJOURNMENT:

The City Council adjourned at 10:05 p.m.

Item 1B - 13

CITY COUNCIL STAFF REPORT
07/14/2022 1. C.

City Clerk -

SUBJECT

APPROVAL OF CITY COUNCIL MEMBER APPOINTMENTS AS

REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
RECOMMENDATION:

Appoint Mayor Middleton and Mayor Pro Tem Garner (Alternate) to the Coachella Valley Association of Governments Executive Committee.

1. Appoint Mayor Pro Tem Garner to the Riverside County Community Action Commission.

2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

3. Attachments
Item 1C

CITY COUNCIL STAFF REPORT
DATE: J
ULY 14, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF CITY COUNCIL MEMBER APPOINTMENTS AS

REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
FROM: Justin Clifton, City Manager
BY: M onique
Lomeli, Interim City Clerk
RECOMMENDATION:

1. Appoint
Mayor Middleton and Mayor Pro Tem Garner (Alternate) to the Coachella Valley Association of Governments Executive Committee.

2. Appoint Mayor Pro Tem Garner to the Riverside County Community Action Commission.

3. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

BACKGROUND:

The Ci
ty Council routinely appoints representatives to external organizations as needed.

Councilmember Holstege has completed her term on the Coachella Valley Association of Governments Executive Committee, and it is in the interest of the City to appoint a new representative. Appointments to this Committee are typically assigned to the current Mayor and Mayor Pro Tem to serve as the design ated voting member and alternate, respectively.

Additionally, t he Riverside County Community Action Commission has nominated Mayor Pro Tem Garner to serve as the City’s Public Sector Representative on the Riverside County Community Action Commission.

Under Cal
ifornia Code of Regulations (CCR) § 18702.5, before a public official may participate in a decision or vote to appoint themselves to a compensated position, the local agency must post a form established by the Fair Political Practices Commission (FPPC) on the City’s website. Staff recommends the City Council adopt and direct that FPPC Form 806 be updated and posted as required
FISCAL IMPACT:

There i
s no fiscal impact as the result of this action.

Item 1C - 1
City Council Staff Report
July 14, 2022 -- Page 2
Approval of City Council Appointees
REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Manager: Justin Clifton
At
tachment:

A. Form 806
Item 1C - 2
City Council Staff Report
July 14, 2022 -- Page 3
Approval of City Council Appointees

ATTACHMENT A
Item 1C - 3
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:

A Public Document
Appt Date and
Length of Term
Agency Report of:

Public Official Appointments

2. Appointments

3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.

Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form

1. Agency Name
Designated Agency Contact (Name,Title)
E-mail
Division, Department, or Region (If Applicable)
806
For Official Use Only
Area Code/Phone Number
(Month, Day, Year)
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
$  Per Meeting:
$  Per Meeting:
$  Per Meeting:
$  Per Meeting:

Page _____ of _____
Date Posted:

Item 1C - 4

City of Palm Springs
N/A
Anthony J. Mejia, City Clerk
(760) 323-8206
[email protected]
1 2
02/28/2022
CVAG
Executive Committee
Holstege, Christy
Middleton, Lisa
01 14
21 None
100
CVAG
Energy and Environment
Committee
Woods, Dennis
Middleton, Lisa
01 14
21 None
75 CVAG
Homelessness
Committee
Holstege, Christy
Garner, Grace
01 14
21 None
75 CVAG
Public Safety Committee
Garner, Grace
Middleton, Lisa
05 27
21 None
75 Anthony J. Mejia
City Clerk
02/28/2022
Non-Election Year Update, Adopted by City Council on 01/13/2022 FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Background
This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member.

This form is required pursuant to FPPC Regulation 18702.5.

Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change.

The form must be updated promptly as changes occur.

Instructions
This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional compensation to the appointee.

FPPC Regulation 18702.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even when the vote results in additional compensation.

Part 1. Agency Identification
Identify the agency name and information on who should be contacted for information.

Part 2. Appointments
Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any.

List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year.

Part 3. Verification
The agency head or his/her designee must sign the verification.

Frequently Asked Questions (FAQs)

1. When does an agency need to complete the Form 806?
A
Form 806 is required when an agency’s board members
vote to appoint a board member to serve on another
governmental agency or position of the agency of which the official is a member and will receive additional compensation.

2. The city council votes to serve as the city’s housing authority, a separate entity
. Will the Form 806 be required?
If the council members receive additional compensation for serving on the housing authority
, the Form 806 is required.

3. Are appointments made by a governing board to appoint one of its members to serve as an officer of that board for additional pay (e.g., mayor) required to be disclosed on Form 806?
No. FPPC Regulation 18702.5(b)(6) exempts from this
requirement decisions to fill a position on the body of which the official is a member (such as a councilmember being appointed as mayor) despite an increase in compensation.

4. In determining the income, must the agency include mileage reimbursements, travel payments, health benefits, and other compensation?
No. FPPC Regulation 18702.5 requires only the amount of the stipend or salary to be reported.

5. Which agency must post the Form 806?
The
agency that is voting to appoint a public official must post the Form 806 on its website. The agency that the official will serve as a member is not required to post the Form 806. The form is not sent to the FPPC.

6. When must the Form 806 be updated?
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled meetings is changed, (2) there is a change in the
compensation paid to the members, (3) there is a change in membership on the board or commission, or (4) there is a new appointment to a new agency
.

7. If officials choose to recuse themselves from the decision and leave the room when a vote is taken to make an
appointment, must the Form 806 be completed?
No.

The Form 806 is only required to identify those officials that will vote on an appointment in which the official will also receive additional compensation.

Privacy Information Notice
Information requested by the FPPC is used to administer and enforce the Political Reform
Act. Failure to provide information
may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA
95811.

California
Form 806
A Public Document
Agency Report of:

Public Official Appointments
Item 1C - 5
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
Appt Date and
Length of Term
Agency Report of:

Public Official Appointments
Continuation Sheet

2. Appointments
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form

1. Agency Name
806
(Month, Day, Year)
Date Posted:
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
$  Per Meeting:
$  Per Meeting:
$  Per Meeting:
$  Per Meeting:
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
Name
Name
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
Other
Other
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
$  Per Meeting:
$  Per Meeting:

Page _____ of _____
Item 1C - 6

2 2
City of Palm Springs
02/28/2022
CVAG
Transportation Committee
Woods, Dennis
Middleton, Lisa
01 14
21 None
75 Coachella Valley
Conservation
Commission
Woods, Dennis
Middleton, Lisa
01 14
21 None
75 Greater Palm Springs
Convention and Visitors
Bureau
Kors, Geoff
Holstege, Christy
01 14
21 None
50 Riverside County
Transportation
Commission
Middleton, Lisa
Woods, Dennis
01 14
21 None
100
Sunline Transit Agency
Middleton, Lisa
Woods, Dennis
01 14
21 None
50 Coachella Valley
Mountains Conservancy
Board
Woods, Dennis
Middleton, Lisa
01 14
21 None
75 CITY COUNCIL STAFF REPORT
07/14/2022 1. D.

City Clerk -

SUBJECT

RESOLUTION DECLARING THE CITY OF PALM SPRINGS A SAFE CITY FOR

REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING PALM SPRINGS A SAFE CITY FOR REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION.”
Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: JULY 14, 2022 CONSENT CALENDAR

SUBJECT: RESOLUTION DECLARING THE CITY OF PALM SPRINGS A SAFE

CITY FOR REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION

FROM: Justin Clifton, City Manager

BY: Monique Lomeli, Interim City Clerk

SUMMARY:

At the request of Councilmember Holstege, the City Council is requested to consider the adoption of a resolution declar ing the City of Palm Springs a Safe City for reproductive freedom and access to abortion.

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, DECLARING PALM SPRINGS A SAFE CITY FOR REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION.”

BACKGROUND:

In 1973, the Supreme Court's decision in Roe v. Wade ruled that the Constitution of the United States protects a pregnant person's liberty to choose whether to terminate a pregnancy or not.

On June 24, 2022, the Supreme Court overturned this decision, removing individual reproductive freedom and granting states the authority to ban or restrict abortions. Many states have already passed laws that would prohibit abortions at various stages of pregnancy. Restricting abortions can have devastating impacts on disadvantaged communities that already have barriers to accessing healthcare. R estrictive laws that limit safe and legal abortions force individuals to endure unwanted pregnancies or seek dangerous alternative options.

FISCAL IMPACT:

There is no fiscal impact as the result of adopting this resolution.

Item 1D - 1
City Council Staff Report
July 14, 2022 -- Page 2
Safe City - Resolution

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Manager: Justin Clifton

ATTACHMENTS:

A. Draft Resolution
Item 1D - 2
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING PALM

SPRINGS A SAFE CITY FOR REPRODUCTIVE FREEDOM
AND ACCESS TO ABORTION.

WHEREAS, in 1973, the United States Supreme Court’s decision in Roe v. Wade ruled that the Constitution of the United States protects a pregnant person’s liberty to choose whether to terminate a pregnancy; and
WHEREAS, in June 2022, the United States Supreme Court ’s ruled to overturn the Roe v. Wade decision, thereby ending federal constitutional protection for abortion, and removing individual reproductive freedom; and
WHEREAS, access to comprehensive reproductive healthcare, including abortion, is a human right that should not be restricted or denied; and WHEREAS, even with Roe v. Wade in place, systemic racism and discrimination placed abortion largely out of reach for many disadvantaged communities; and WHEREAS, as more than half of the states in our nation m ay move to ban abortion entirely; and
WHEREAS, the City of Palm Springs should serve as a model and commit to support and defend the right to reproductive freedom and safe access to abortion services; and
WHEREAS, the City of Palm Springs will continue to uphold equality and liberty by protecting reproductive freedom and access to abortion services, welcoming anyone to Palm Springs to fully exercise their reproductive rights; and WHEREAS, this action demonstrates the City of Palm Springs’ strong commitment to safe and legal abortion access.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SE
CTION 2. The City Council of the City of Palm Springs declares Palm Springs a safe city for reproductive freedom and access to abortion services.

Item 1D - 3
Resolution No. _____

Page 2 ends

ADO
PTED THIS 14TH DAY OF JULY, 2022.

JUS TIN CLIFTON

CITY MANAGER
ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MON IQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1D - 4

CITY COUNCIL STAFF REPORT
07/14/2022 1. E.

City Clerk -

SUBJECT

EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARD RETIREE

UNFUNDED ACCRUED LIABILITY
RECOMMENDATION:

Receive and file a report on the early lump sum annual payment to CalPERS toward retiree Unfunded Accrued Liability.

Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: July 14, 2022 CONSENT CALENDAR

SUBJECT: EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARD

RETIREE UNFUNDED ACCRUED LIABILITY

FROM: Justin Clifton, City Manager

BY: Department of Finance and Treasury

SUMMARY:

CalPERS allows municipalities an option to make a discounted, lump sum payment toward their annual required retiree payments toward Unfunded Accrued Liability (UAL) instead of making the traditional twelve (12) monthly payments. By electing to make a lump sum payment of $14.9 million by July 31, the Director of Finance and Treasurer estimates a savings of approximately $513,100.

RECOMMENDATION:

Receive and file this report on the early lump sum annual payment to CalPERS toward retiree Unfunded Accrued Liability.

STAFF ANALYSIS:

CalPERS employer contributions are split in two types of billings: normal cost and unfunded accrued liabilities (UAL). In the past, these two portions were combined and were paid in twelve monthly amounts. The City has the option to pay the entire required unfunded liability payment as one discounted lump sum payment by July 31 – which would result in a net savings of approximately $513,100 – or to spread the payments out over a 12- month period. Last year the City saved $461,300 by making this lump sum payment.

The City currently has the funds available to make the $14.9 million payment without liquidating any interest -earning investments. The Director of Finance and Treasurer is recommending election of the one-time payment option.

ALIGNMENT WITH STRATEGIC PLANNING:

Good Governance.

Item 1E - 1
City Council Staff Report
July 14, 2022 -- Page 2
Early Lump Sum Annual CalPERS Payment
FISCAL IMPACT:

The e
arly lump sum annual payment of $14.9 million has been budgeted throughout the appropriate City Funds.

REVIEWED BY:

Department Director: Nancy Pauley
City Manager: Justin Clifton
Item 1E - 2

CITY COUNCIL STAFF REPORT
07/14/2022 1. F.

City Clerk -

SUBJECT
INITIATION OF ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Adopt a Resolution entitled, “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. 25, TRACT MAP NO. 38416.”
Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: July 14, 2022 CONSENT CALENDAR

SUBJECT: INITIATION OF ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

The City Council previously established Community Facilities District 2005-1 (Public Safety Services , CFD 2005-1) in October 2005 to levy a special tax on properties identified as “fee status” (non- Indian Allottee Leased or non -Tribal Trust properties) located within the City, to provide a financing mechanism to sustain the delivery of public safety services to new residential developments located on those properties. This action declares the City Council’s intention to annex additional property identified as Annexation No. 25 (for Tract Map No. 38416) ; the action also schedules a Public Hearing for September 1, 2022, to officially annex the additional property into CFD 2005-1.

RECOMMENDATION:

Adopt Resolution No. _____, “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. 25 , TRACT MAP NO. 38416.”

STAFF ANALYSIS:

The City Council created C ommunity Facilities District 200 5-1 (Public Safety Services , CFD 2005-1) to allow the City to levy a special tax on certain properties identified as “fee status” (non-Indian Allottee Leased or Tribal Trust properties) located within the City, to provide a financing mechanism to sustain the delivery of public safety services to new residential developments located on those properties . This type of financing program, which is authorized under the Mello- Roos Community Facilities Act of 1982, envisioned the participation of all future new residential development projects on “fee status” lands, either by formation of new districts or as an annexation into CFD 2005-1.

Item 1F - 1
City Council Staff Report
July 14, 2022 -- Page 2
Initiation of Annexation No. 25 TM 38416 to CFD 2005-1

As new residential developments on “fee status” lands have been approved by the City, they are conditionally approved with a requirement to annex into CFD 2005-1. CFD 2005- 1 was specifically established separately from the City’s other d istrict, Community Facilities District 2007-1 (Public Safety Services, CFD 2007-1), for developments located on Indian Allottee Leased or Tribal Trust lands that cannot be annexed into the existing CFD 2005-1 due to their unique ownership status.

At this time, one residential development approved on “fee status” land is recommended for annexation into CFD 2005-1:

• Annexation No. 25 – Tract Map No. 38416, a proposed residential development consisting of 12 multi-family condominiums. The property is currently undeveloped and is located on the west side of North Palm Canyon Drive, north of the intersection with West Vereda Norte.

In order to commence the annexation process, the City Council is required to adopt a Resolution of Intenti on. The R esolution set s forth terms and conditions for annexing property into CFD 2005-1 and includes the rate and method of apportionment of the special tax to be levied. The Resolution also schedules a Public Hearing on the proposed annexation, which by statute must be held between 30-60 days following the adoption of the Resolution. In accordance with this requirement, Staff recommends that the Public Hearing be scheduled for September 1, 20 22. Pursuant to the Mello- Roos Community Facilities Act of 1982, there are less than 12 registered voters o n the propert y to be annexed into CFD 2005-1; therefore, the special election will be a landowner vote within the annexation.

Prior to the public hearing, the owner of the property proposed to be annexed will return a petition with waivers to the City, waiving certain timing and noticing requirements related to the Election Code, which will enable the City to expedite the annexation process by conducting the special election immediately after the September 1, 2022, Public Hearing.

Included with the Resolution of Intention, the City Council also establishes the boundaries of the territory to be annexed into CFD 2005-1.

The special tax currently being assessed on properties within CFD 2005-1 is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this analysis, the Fiscal Year 2022/23 special tax for a multi-family residence is $ 451.15 per year . The special tax is collected as part of the Riverside County annual property tax bill.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environme nt, or a reasonably foreseeable indirect physical change in the environment. The requested action is to authorize annexation of certain properties into Item 1F - 2
City Council Staff Report
July 14, 2022 -- Page 3
Initiation of Annexation No. 25 TM 38416 to CFD 2005-1

CFD 2005-1, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

Following annexation of the residential development into CFD 2005-1, after construction of the units (issuance of building permits), the special tax to be levied within the development will generate an additional $5, 413.80 annually, based on the Fiscal Year 2022/23 rates, to be used specifically for public safety services.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Resolution
Item 1F - 3
Attachment A
Item 1F - 4
RESOLUTION NO. _____

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. 25, TRACT MAP
NO. 38416.

WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Palm Springs (the “City”) previously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the “District”); and
WHEREAS, under the Act, this City Council is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District and levy special taxes within the annexation territory; and WHEREAS, this City Council now desires to commence proceedings to consider the annexation of territory to the District.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. The City Council proposes to begin the proceedings necessary to annex territory to the District pursuant to the Act.

SECTION 2. The name of the existing District is City of Palm Springs, Community Facilities District No. 2005-1 (Public Safety Services).

SECTION 3. A general description of the territory included in the original District is shown on the amended boundary map recorded in the office of the County Recorder for the County of Riverside on November 1, 2005, in Book 64 at Pages 71-77 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made.

SECTION 4. The territory now proposed to be annexed to the District is shown on Annexation Map No. 25 of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit A, which Exhibit is, by this reference, incorporated herein. The boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said Annexation Map No. 25 of the District in the office of the County Recorder of the County of Riverside within fifteen days of the date of Item 1F - 5
Resolution No. ______

Page 2 ends

adoption of this Resolution. The Tract Map for the territory proposed to be annexed, is attached in Exhibit B.

SECTION 5. The types of services to be funded by the District and pursuant to the Act consist of those services (the “Services”) described in Resolution No. 21402 entitled “A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Establish Community Facilities District No. 2005-1 (Public Safety Services) and to Authorize the Levy of Special Tax Therein to Finance Certain Services” adopted by the City Council on September 7, 2005, (the “Resolution of Intention”), which Resolution of Intention is, by this reference, incorporated herein. It is presently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District.

SECTION 6. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this City Council shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, is attached in Exhibit C.

SECTION 7. The special tax proposed to be levied for Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the rate and method of apportionment of the special tax.

SECTION 8. Notice is given that on Thursday, September 1, 2022, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council in the Council Chambers, at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the District and the levy of said special tax therein.

Item 1F - 6
Resolution No. ______

Page 3 ends

SECTION 9. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit D hereto.

SECTION 10. This Resolution shall take effect upon its adoption.

ADOPTED THIS 14th DAY OF JULY, 2022.

JUSTIN CLIFTON

CITY MANAGER
ATTEST:
______

MONIQUE LOMELI, CMC

INTERIM CITY CLERK

Item 1F - 7
Resolution No. ______

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 14, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 14th day of July, 2022. ____

MONIQUE LOMELI, CMC
I

NTERIM CITY CLERK
Item 1F - 8

EXHIBIT A

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 25
TRACT MAP NO. 38416

PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY

Item 1F - 9
ANNEXATION MAP NO. 25 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
F I L E D I N T H E O F F I C E O F T H E C I T Y C L E R K O F T H E C I T Y O F P A L M S P R I N G S T H I S _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ 2 0 _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C I T Y C L E R K
C I T Y O F P A L M S P R I N G S R I V E R S I D E C O U N T Y , C A L I F O R N I A I H E R E B Y C E R T I F Y T H A T T H E WI T H I N M A P S H O WI N G P R O P O S E D B O U N D A R I E S O F A N N E X A T I O N N O . 2 5 T O C O M MU N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 0 5 - 1 ( P U B L I C S A F E T Y S E R V I C E S ) , C I T Y O F P A L M S P R I N G S , C O U N T Y O F R I V E R S I D E , S T A T E O F C A L I F O R N I A , WA S A P P R O V E D B Y T H E C I T Y C O U N C I L O F T H E C I T Y O F P A L M S P R I N G S A T A R E G U L A R M E E T I N G T H E R E O F , H E L D O N T H E _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ 2 0 _ _ , B Y I T S R E S O L U T I O N N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C I T Y C L E R K
C I T Y O F P A L M S P R I N G S R I V E R S I D E C O U N T Y , C A L I F O R N I A F I L E D T H I S _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ 2 0 _ _ , A T T H E H O U R O F _ _ _ _ _ _ O C L O C K _ _ . M . I N T H E B O O K _ _ _ _ _ _ O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T S A T P A G E ( S ) _ _ _ _ _ _ _ , I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R , C O U N T Y O F R I V E R S I D E , S T A T E O F C A L I F O R N I A . F E E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I N S T R U M E N T N O : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ B Y D E P U T Y
C O U N T Y R E C O R D E R
C O U N T Y O F R I V E R S I D E , C A L I F O R N I A F O R P A R T I C U L A R S O F T H E L I N E S A N D D I M E N S I O N S O F A S S E S O R P A R C E L S , R E F E R E N C E I S MA D E T O T H W M A P S O F T H E A S S E S S O R , C O U N T Y O F R I V E R S I D E , S T A T E O F C A L I F O R N I A . R E F E R E N C E I S M A D E T O T H A T A ME N D E D B O U N D A R Y MA P O F C O MM U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 0 5 - 1 ( P U B L I C S A F E T Y S E R V I C E S ) O F T H E C I T Y O F P A L M S P R I N G S R E C O R D E D WI T H T H E R I V E R S I D E C O U N T Y R E C O R D E R S O F F I C E O N N O V E M B E R 2 , 2 0 0 5 , I N B O O K 6 4 O F MA P S O F A S S E S S M E N T A N D C O MM U N I T Y F A C I L I T I E S D I S T R I C T S , P A G E S 7 1 - 7 7 , A S I N S T R U M E N T N O . 2 0 0 5 - 0 9 0 4 1 3 4 .

CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

STEVENS RD

N PALM CANYON DR

VEREDA DEL NORTE

N INDIAN CANYON DR

MEL AVE

VIA LAS PALMAS

CAMINO DEL NORTE

CAMINO MONTE VISTA

CAMINO DEL CENTRO

KAWEAH RD

WAWONA RD

STEVENS RD
505-182-007505-182-005
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet

MEL AVE

VEREDA DEL NORTE

CAMINO DEL NORTE

N PALM CANYON DRN INDIAN CANYON DR

STEVENS RD

CHUCKWALLA RD

CAMINO MONTE VISTA

VINE AVE

AVENIDA PALOS VERDES

VIA NORTE KAWEAH RD WAWONA RD STEVENS RDSTEVENS RD

KAWEAH RD

SITESITE
VI CI NI T Y VI CI NI T Y
MAPMAP
A nne xa t ion B ound a r y
A nne xa t ion P a r c e l s
S ur r ound ing A r e a P a r c e l s O
0 1 2 5 2 5 06 2 . 5 F e e t
Item 1F - 10
G NBS"

EXHIBIT B

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 25
TRACT MAP NO. 38416

TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY

Item 1F - 11
Item 1F - 12
-----
I -----... I ---- -....._
..........

LOT t & 12 I
'"
AP~~~~ I
~'
~-----~-WISl-015' -----1 I L,: ·::::· \ r I .~•~ \ ,: I I \ se=""" - - - - -4 § ~-~ I r ---- , U)lt1 ~: I l v .~~~, :
~-.: / ,,~ '1 ...

I ~ I LOT7
,:j I I ~ : ..,::C~!oos I fi ffi ,•
1 i i I ~ j/ setWoo-w m.tt : I 1
I : I
I I I o I
i ~, ~ L l:g NI/ZaFLOTIO ~· I q it! I I !I ------~J'.:_,,:._ J I -----:;r------~.;.;;;------- j I
~
J !
'
StAI.C 1• • 20'
L
I
w--
i ,. Underground SeN!co Alert
VICINITY I/JP 1============1
N.T.S.

Ccia: TOLL F'REE'-:::!!!!!i:============ :f1m:iiiiii~-====:iz115'211rv.--;;,i------- - --- --r------------ - ---,--- c:n"ii;:--oF7P.:;u~rsu5in'Ii~~r- 7mnrrr~Eir::i1 800-422- •1lltl-===========:j fmBCNCHm11r1JARK- .!!!:!.._ ------_-_-_-i-1-~n-l!"'·· 1u. I J l~ __ C_I_T_Y _ _ O_ F__,,,P=:A:=-L-:M::=-,~ S_P_ R_l_N_ G_S ___ ~SHEETSHEE7SOF .L llllll'!llf'lrllle---,1,dHIJ?~ ~~;-~I I N'N'S: S0-~.!;~~~~~182-007 --QQ'l-lllUtlll 1·- - u:I · I

EXHIBIT C

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

RATE AND METHOD OF APPORTIONMENT

Item 1F - 13
A Special Tax of Community Facilities District No. 2005 -1 (Public Safety Services) of the City of Palm Springs (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006 -07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax se t forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre of Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, othe r parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder.

The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. “Act” means the Mello -Roos Communit y Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection a nd suppression services, and life safety services including but not limited to ambulance and paramedic services.
“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and col lect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments o f the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City. “Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Divi sion of Labor Statistics and

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

RATE AND METHOD OF APPROTIONMENT
Item 1F - 14
Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Palm Springs.
“Council” means the City Council of the City of Palm Springs, acting as the legislative body of the District.
“County” means the County of Riverside, California.
“Developed Multi-Family Residence” means all Asses sor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. “Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one sin gle-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005 -1 (Public Safety Services) of the City of Palm Springs.
“Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, whi ch have been subdivided for the purpose of residential Item 1F - 15
development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. “Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non -residential used and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. “Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association. “Proportionately” means in a manner such that the ration of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an ann exation, expected to be used for rights -of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. “Public Safety Service Costs” means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances, an d paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with pr oviding such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor.

The Special Tax provides only partial funding for police, fire and life safety services.

Item 1F - 16
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Requirement” means that amount required in any Fiscal Year for the District to:
(i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to estab lish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax-Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. Tax - Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
“Undeveloped Property” means, for each Fiscal year, all Assessor’s Parcels of Taxable Property no t classified as Developed Property or Entitle d Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. “Unit” means any separate residential dwelling unit in which a person or persons may live, which compris es an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Pro perty within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single -Family Residence or Developed Multi - Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Item 1F - 17
Land Use
Class Description
Maximum
Special Tax
Per Unit
1 Developed Single-Family
Residence $350 per Unit
2 Developed Multi-Family
Residence $295 per Unit
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum S pecial Tax per Unit shall not exceed $500.

2. Entitled Property
Table 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Land Use
Class Description
Maximum
Special Tax Per
Lot
3 Entitled Property $100 per Lot
No Annual Escalation Factor shall be applied to the Maximum Special Tax per Lot for Entitled Property.

3. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in table 3.

Table 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)
Item 1F - 18
Land Use
Class Description
Maximum
Special Tax Per
Parcel/Acre
4 Undeveloped Property less
than or equal to ¼ Acre
$100 per
Assessor’s
Parcel
5 Undeveloped Property > ¼
Acre $500 per Acre
No Annual Escalation Factor shall be applied to the Maximum Special Tax per Parcel/Acre for Undeveloped Property.

4. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.

5. Multiple Land Use Classes
In some instances an Assessor ’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006 -07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single -Family Residence and Developed Multi - Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property.

E. APPEALS
Item 1F - 19
Any tax payer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the Distr ict Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax Levy shall be corrected and, if applicable in any case, a refund shall be granted.

F. EXEMPTIONS

1. Residential Property
Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or
c. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services.

The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F.

G. MANNER OF COLLECTION
Special Tax as lev ied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, many collect Special Taxes at a differen t time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

H. TERM OF SPECIAL TAX
Every Five years after the establishment of the District, the City Co uncil may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

Item 1F - 20

EXHIBIT D

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 25
TRACT MAP NO. 38416

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Palm Springs will conduct a public hearing on Thursday, September 1 st, 2022, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, to consider the following:

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 25
TRACT MAP NO. 38416
On July 14 th, 2022, the City Council, as the legislative body for the District, adopted a resolution entitled “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)” (the “Resolution of Intention”).

Pursuant to the Resolution of Intention, the City Council determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing District, all as provided in the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the “Act”). Reference is hereby made to the Resolution of Intention, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the Resolution of Intention.

In the Resolution of Intention, the City Council declared its intention to annex territory into Community Facilities District No. 2005-1 (Public Safety Services) (the “District”). The area proposed to be annexed to the District is as shown on Annexation Map No. 25, on file with the City Clerk, and identified in Exhibit A of the Resolution of Intention. The District shall fund police services, fire protection and suppression services, and life safety services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annexed to the District. The Resolution of Intention provides that the special taxes heretofore caused to be levied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act.

At the public hearing the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the Item 1F - 21

territory proposed to be annexed will be heard. Any person interested may file a protest in writing with the City Clerk.
/s/ Monique Lomeli,
Interim City Clerk
City of Palm Springs
Item 1F - 22

CITY COUNCIL STAFF REPORT
07/14/2022 1. G.

City Clerk -

SUBJECT

APPROVAL OF INCREASE TO PURCHASE ORDER WITH INSIGHT
ENTERPRISES, INC. FOR ADDITIONAL MICROSOFT ENTERPRISE LICENSING RECOMMENDATION:

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DAT
E: JULY 14, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF INCREASE TO PURCHASE ORDER WITH INSIGHT ENTERPRISES, INC. FOR ADDITIONAL MICROSOFT ENTERPRISE

LICENSING
FROM: Justin Clifton, City Manager
BY: Information Technology Department
SUMMARY:

Thi
s action will approve an increase to the current purchase order with Insight Enterprises, Inc. for Year 3 costs of Microsoft Enterprise Licensing for the acquisition of additional licenses due to increased staffing levels and to provide additional functionality for cybersecurity protection and centralized device management.

RECOMMENDATION:
1) Appr
ove an increase to the Purchase Order with Insight Public Sector, Inc. for the Microsoft Enterprise Licensing Agreement , from $145,241 to an amount not to exceed $220,000 for the third and final year of the Purchase Order.

BUSINESS PRINCIPAL DISCLOSURE:

Ins
ight Enterprises, Inc. is a publicly traded company whose officers are Kenneth Lamneck (Officer), Lynn Willden (Officer), and Samuel Cowley (Officer). A listing of all the SEC filings can be found here: https://investor.insight.com/financial-reports/sec- filings/default.aspx. A signed Public Integrity Disclosure is included as Attachment A. In addition, Insight Public Sector certified that it meets the City of Palm Springs Conflict of Interest and Non-Discrimination requirements as evidenced in Attachment A.

BACKGROUND:

In J
une 2017, the City entered into a three- year agreement with Microsoft for Enterprise Licensing which covers all staff, volunteer, and equipment licenses used for City business. In June 2018, the agreement was amended to include the cloud- based Item 1G - 1
City Council Staff Report
July 14, 2022-- Page 2
Amend Purchase Order – Insight Public Sector, Inc.

Microsoft Office 365 system and in July 2020, S taff renewed the agreement for another three-year term at an annual cost of $145,241.

STAFF ANALYSIS:

As
new staff members are added to the organization, new licenses must be procured. As a result of increased staffing levels, fifty additional staff licenses have been acquired at a cost of $232.78 per license. These additional licenses, including other ancillary benefits such as audio conferencing and online archiving, have raised the final year renewal total by $11,639.

Additionally, Staff desires to upgrade to the current Microsoft 365 package to expand cybersecurity protections and add centralized desktop and mobile management features.

The additional cybersecurity protections will continue to improve the cyber maturity level of the City, resulting in increased system protections and may yield lower cybersecurity insurance premiums. The management features will increase the efficiency of staff while allowing for a streamlined and enhanced end user experience. The cost to add these features is $76.14 per license, resulting in an increase of $39,593 per year, bringing the new annualized total to $196,473 (Attachment B).

Staff is seeking approval to increase the purchase order to accommodate additional staff licenses that may be necessary to support newly authorized positions.

ENVIRONMENTAL ASSESSMENT
:

The r
equested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The r
equested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Suf
ficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 50105 and will be budgeted in future fiscal years.

Item 1G - 2
City Council Staff Report
July 14, 2022-- Page 3
Amend Purchase Order – Insight Public Sector, Inc.

REVIEWED BY:

Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton

ATTACHMENTS:

A. Business Disclosure Form
B. Year Three Renewal Quote

Item 1G - 3

ATTACHMENT A

Item 1G - 4
Item 1G - 5
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an ownernnvestor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 1 of 2 ends

25 Item 1G - 6
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 091318)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 2 of 2 ends

26 Item 1G - 7

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Insight Public Sector, Inc.

Address of Entity (Principle Place of Business)
6820 S. Harl Ave.

Tempe AZ 85283
Local or California Address (if different than #2)
1940 E. Mariposa Ave.

El Segundo, CA 90245
State where Entity is Registered with Secretary of State Illinois
If other than California, is the Entity also registered in California? Ix! Yes n No Type of Entity
1K] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
27 Item 1G - 8

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
A. 100%
Insight Enterprises, Inc.

Because Insight Entetprises, Inc. is a publicly-traded company on the NASDAQ, our owners are shareholders who have chosen to purchase Insight shares. A listing of all the SEC tilings can be found here: hllps:// investor.insi§!!t.com/fmancial-r:;fortslscc-filinl!s/default~x. [name of owner/investor] [percentage of beneficial interest in entity
and name of entity)
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title
Erica Falchetti
Date
Capture Manager
£(iua Fqlubqffi
Erica Falch•tti (Jun 11, 2020 13:21 PDT)
(Revised 09 13 18)
6/11/2020

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

28 Item 1G - 9
BLANK Business Disclosure Form FINAL

9.13.18 Public Integrity
Final Audit Report 2020-06-11
Created: 2020-06-11
By: AMANDA LUEDY ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAATcSLiBs5e6plCT26Bhc3CHP6inHeXA0z "BLANK_Business Disclosure Form FINAL 9.13.18 Public lntegri ty" History
~ Document created by AMANDA LUEDY ([email protected]) 2020-06-11 • 8:12:29 PM GMT- IP address: 68.2.55.218
~ Document emailed to Erica Falchetti ([email protected]) for signature 2020-06-11 • 8:12:48 PM GMT
~ Email viewed by Erica Falchetti ([email protected]) 2020-06-11 • 8:20:39 PM GMT- IP address: 98.165.119.100 0e Document e-signed by Erica Falchetti ([email protected]) Signature Date: 2020-06-11 • 8:21 :02 PM GMT• Time Source: server- IP address: 98.165.119.100 9 Signed document emailed to AMANDA LUEDY ([email protected]) and Erica Falchetti ([email protected])
2020-06-11 - 8:21 :02 PM GMT
Adobe Sign
Item 1G - 10

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION

CERTIFICATION
Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

NAME OF CONTRACTOR/VENDOR: Insight Public Sector, Inc.

NAME and TITLE of Authorized Representative:
(Print) Erica Falchetti Capture Manager
Signature and Date of Authorized Representative:
etica ttllcltetti (Sign) Erica Falchetti (Jun 10, 2020 12:21 PDT) (Date) 6/10/2020 30 Item 1G - 11
BLANK_Business Disclosure Form FINAL

9.13.18 Public Integrity
Final Audit Report 2020-06-10
Created: 2020-06-10
By: AMANDA LUEDY ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAASfb6ayGchszUNsahUYcJVvmc6pVamdvN "BLANK_Business Disclosure Form FINAL 9.13.18 Public lntegri ty" History
fl Document created by AMANDA LUEDY ([email protected]) 2020-06-10 - 7:18:02 PM GMT- IP address: 68.2.55.218
¼ Document emailed to Erica Falchetti ([email protected]) for signature 2020-06-10- 7:18:50 PM GMT
fl Email viewed by Erica Falchetti ([email protected]) 2020-06-10 - 7:20:38 PM GMT- IP address: 98.165.119.100 6-~ Document e-signed by Erica Falchetti ([email protected]) Signature Date: 2020-06-10- 7:21:09 PM GMT - Time Source: server- IP address: 98.165.119.100 $ Signed document emailed to Erica Falchetti ([email protected]) and AMANDA LUEDY ([email protected])
2020-06-10 - 7:21 :09 PM GMT
AdobeSign

ATTACHMENT B

Item 1G - 12

Page 1 of 1 ends

City of Palm Springs Preliminary
Quotation: 0522-City of Palm Springs1-MSEA-HB Subscription Start Date: 8/1/2022 Date: May 12, 2022 Subscription End Date: 7/31/2023
Enrollment: 71684297
Contract: PSA-0001526/RIVCO-2020-RFQ-0000048
Year Three: 12 Months 12
Enterprise Products
AAD-32904 EMS G3 CAO GCC ALng Sub Add-on User CCAL Enterprise 6 Enterprise D 1 Month(s) Non-Specific Servers Monthly Subscriptions-VolumeLicenseEMS G3 CAO GCC 520 $62.02 32,250.40$ AAA-10744 Win E3 AO Win Enterprise Device ALng Sub Enterprise 6 Enterprise D 1 Month(s) Non-Specific Systems Monthly Subscriptions-VolumeLicenseWin E3 AO to Win Enterprise Device500 $12.45 6,225.00$ AAA-10787 Win E3 ALng Sub MVL Per User Enterprise 6 Enterprise D 1 Month(s) Non-Specific Systems Monthly Subscriptions-VolumeLicenseWin E3 20 $55.86 1,117.20$ Additional Products
NYH-00001 Audio Conferencing Select Dial Out GCC Sub Add-on Enterprise 6 Additional ProductD 1 Month(s) Non-Specific Servers Monthly Subscriptions-VolumeLicenseAudio Conf Select Dial Out GCC520 $0.00 -$ 12 Month Total: 39,592.60$
These are the separate components to turn your O365 G3 licenses to M365 G3 licenses 76.14$ When you renew your agreement next year in 2023 you will renew the actual M365 SKU's Confidential. EA Monthly Subscriptions Thank you for the opportunity to quote.

Item 1G - 13
•1-=-
ln~Jg h t: 1·
! ! ! l l l ! ! l l
HTTP://WWW.INSIGHT.COM

Page 1 of 3 ends

2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10655272

PALM SPRINGS, CITY OF
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-6959

SHIP-TO

PALM SPRINGS, CITY OF
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-6959
We deliver according to the following terms:

Payment Terms : Net 30 days
Ship Via : Electronic Delivery
Terms of Delivery: : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 225204211
Document Date : 01-JUL-2022
PO Number :

PO Release : BUDGETARY
Sales Rep : Christopher Letsinger
Email : [email protected]
Telephone : +14804096848
Sales Rep 2 : Dorene Turner
Email : [email protected]
Telephone : +15097422278
Material Material Description Quantity Unit Price Extended Price 4ES-00001-ESA3 Microsoft Exchange Online Archiving for
Exchange Online - subscription license - 1
user
10 28.04 280.40
CITY OF PALM SPRINGS 71684297 SUB ANNUAL
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
AAA-11894-ESA3 Microsoft Office 365 (Plan G3) - subscription license (1 month) - 1 user
520 208.55 108,446.00
CITY OF PALM SPRINGS 71684297 SUBS 12MO
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
AAA-12415-ESA3 Microsoft Core CAL Bridge for Office 365 - subscription license (1 month) - 1 user
95 18.62 1,768.90
CITY OF PALM SPRINGS 71684297 SUBS 12MO
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
3NS-00003-ESA3 Microsoft Exchange Online Plan 2G -
subscription license - 1 user
150 72.30 10,845.00
CITY OF PALM SPRINGS 71684297 SUBS 12MO
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
Item 1G - 14
HTTP://WWW.INSIGHT.COM
Document Date 01-JUL-2022
Quotation Number 225204211

Page 2 of 3 ends

Material Material Description Quantity Unit Price Extended Price 6VC-01253-ESA3 Microsoft Windows Remote Desktop Services - software assurance - 1 device CAL
100 17.89 1,789.00
CITY OF PALM SPRINGS 71684297 SA AT SIGNING
Coverage Dates: 01-AUG-2022 - 31-JUL-2023
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
DEPLOY DATE : 01-AUG-2022
7NQ-00292-ESA3 Microsoft SQL Server Standard Core Edition - software assurance - 2 cores
4 583.34 2,333.36
CITY OF PALM SPRINGS 71684297 SA AT SIGNING
Coverage Dates: 01-AUG-2022 - 31-JUL-2023
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
DEPLOY DATE : 01-AUG-2022
9EM-00270-ESA3 Microsoft Windows Server Standard Edition - software assurance - 2 cores
216 17.65 3,812.40
CITY OF PALM SPRINGS 71684297 SA AT SIGNING
Coverage Dates: 01-AUG-2022 - 31-JUL-2023
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
DEPLOY DATE : 01-AUG-2022
AAA-12417-ESA3 Microsoft Core CAL Bridge for Office 365 - subscription license (1 month) - 1 user
425 15.60 6,630.00
CITY OF PALM SPRINGS 71684297 SUBS 12MO
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
KV3-00353-ESA3 Windows Enterprise - software assurance - 1 license
500 41.95 20,975.00
CITY OF PALM SPRINGS 71684297 SA AT SIGNING
Coverage Dates: 01-AUG-2022 - 31-JUL-2023
COUNTY OF RIVERSIDE MICROSOFT LSP AGREEMENT(#
PSA-0001526/RIVCO-2020-RFQ-0000048)
coverage period: 8/1/22 - 7/31/23
LICENSE : 71684297
AUTHORIZATION N: ANNUAL BILLING DUE 8/1/22
DEPLOY DATE : 01-AUG-2022
Product Subtotal 156,880.06
TAX 0.00
Total 156,880.06
Item 1G - 15
HTTP://WWW.INSIGHT.COM
Document Date 01-JUL-2022
Quotation Number 225204211

Page 3 of 3 ends

Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

Sincerely,
Christopher Letsinger
+14804096848
[email protected]
Fax 4807608104
Dorene Turner
+15097422278
[email protected]
Fax 8005460565
Regarding tariff impacts on IPS contract quotes, Insight is communicating with the contracting officials on the contracts held by Insight to minimize the impact of tariffs to our clients.

Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.

This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.

Effective Oct. 1, 2018, the U.S. government imposed tariffs on technology-related goods. Technology manufacturers are evaluating the impact on their cost and are providing us with frequent cost updates. For this reason, quote and ecommerce product pricing is subject to change as costs are updated. If you have any questions regarding the impact of the tariff on your pricing, please reach out to your sales team.

SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
Item 1G - 16

CITY COUNCIL STAFF REPORT
07/14/2022 2. A.

City Clerk -

SUBJECT

ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2022-2023 RECOMMENDATION:

Open the Public Hearing and take public testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION AND
MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE
DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2022/2023.”

2. Attachments
Item 2A

CITY COUNCIL STAFF REPORT

DATE: July 14, 2022 PUBLIC HEARING

SUBJECT: ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING

AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2022-2023

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

This annual item will complete proceedings required by law to continue the levy of existing annual special assessments in the City’s various Street Lighting and Parkway Maintenance Districts. A Public Hearing is required to solicit public comments on the City’s consideration to levy and collect special assessments for the subject fiscal year.

RECOMMENDATION:

1) Open the Public Hearing and take public testimony; and

2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S

REPORT AND ORDERING THE CONTINUED OPERATION AND

MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022/2023.”

STAFF ANALYSIS:

In accordance with the Streets and Highways Code of the State of California, the City is required to prepare Engineer’s Reports on the annual costs to operate and maintain improvements within the City’s various Street Lighting or Parkway Maintenance Districts, which include the following:

Item 2A - 1
City Council Staff Report
July 14, 2022 -- Page 2
Street Lighting and Parkway Maintenance Districts

1. Street Lighting Maintenance District No. 3 consists of 75 residential parcels located in the “Crossley Tract,” south of 34th Avenue along Lawrence Street and Marguerite Street. District No. 3 was established in 1983 to provide funding for the installat ion, operation, and maintenance of street lighting along Lawrence Street and Marguerite Street, shown in Figure 1 and the following vicinity map:

Figure 1
Item 2A - 2
City Council Staff Report
July 14, 2022 -- Page 3
Street Lighting and Parkway Maintenance Districts

District No. 3 Vicinity Map
Crossley Tract
Item 2A - 3
Legend
~Site
c::::J 500· Radius
City Council Staff Report
July 14, 2022 -- Page 4
Street Lighting and Parkway Maintenance Districts

2. Parkway Maintenance District No. 6A consists of 25 commercial and industrial properties located in the “Fairport Development,” between Chia Road and Tachevah Drive, west of Gene Autry Trail. District No. 6A was established in 1980 to provide funding for the maintenance of parkway landscaping along the south side of Chia Road as generally shown in Figure 2 and the following vicinity map:

Figure 2

Item 2A - 4
City Council Staff Report
July 14, 2022 -- Page 5
Street Lighting and Parkway Maintenance Districts

District No. 6A Vicinity Map
Fairport Development
Item 2A - 5
__l____J___[_ I I I _LJ . J _J__)

E VISTA CHINO
Legend
~Site
O soO' Radlus
\
City Council Staff Report
July 14, 2022 -- Page 6
Street Lighting and Parkway Maintenance Districts

3. Parkway Maintenance District No. 6C consists of 30 residential parcels located in the “Park Sonora Tract,” on the east side of El Cielo Road along Sonora Road, Loma Vista Circle and San Marin Circle. District No. 6C was established in 1980 to provide funding for the maintenance of parkway landscaping along the east side of El Cielo Road along the frontage of the Park Sonora Tract, shown in Figure 3 and the following vicinity map:

Figure 3
Item 2A - 6
City Council Staff Report
July 14, 2022 -- Page 7
Street Lighting and Parkway Maintenance Districts

District No. 6C Vicinity Map
Park Sonora Tract

Item 2A - 7
,-------------------,-- -
l legend
-,~S~e
D 500' Radius
'
~ ESCOBA DR

N RIDGEVIEW CIR
City Council Staff Report
July 14, 2022 -- Page 8
Street Lighting and Parkway Maintenance Districts

4. Parkway Maintenance District No. 7 consists of 53 residential parcels located in the “Sunrise Norte Tract,” on the north side of San Rafael Drive west of Sunrise Way, located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road, and Twin Star Road. District No. 7 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive along the frontage of the Sunrise Norte Tract, shown in Figure 4 and the following vicinity map:

Figure 4

Item 2A - 8
City Council Staff Report
July 14, 2022 -- Page 9
Street Lighting and Parkway Maintenance Districts

District No. 7 Vicinity Map
Sunrise Norte Tract
Item 2A - 9
Legend
~ Site
l=i 500' Radius
I.II
Cl
0 I.II (I)
~
______ ____ LU __ -r
01:::
i3
01:::

I.II
~
..I
LI.
z
::::,
(/J
City Council Staff Report
July 14, 2022 -- Page 10
Street Lighting and Parkway Maintenance Districts

5. Parkway Maintenance District No. 8 consists of 62 residential parcels located in the “Vintage Palms Tract,” on the north side of San Rafael Drive and the east side of Avenida Caballeros. District No. 8 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive and the east side of Avenida Caballeros along the frontages of the Vintage Palms Tract, shown in Figure 5 and the following vicinity map:

Figure 5
Item 2A - 10
City Council Staff Report
July 14, 2022 -- Page 11
Street Lighting and Parkway Maintenance Districts

District No. 8 Vicinity Map
Vintage Palms Tract
Item 2A - 11
~~ -c~1 I
/ CARNATION ST
/
Legend
~ Site
C:J 500 ' Raal U5
SUNFl! OWER CIR N
ll:t: SUNFLOWER CIR S

I I I I I
City Council Staff Report
July 14, 2022 -- Page 12
Street Lighting and Parkway Maintenance Districts

6. Parkway Maintenance District No. 9 consists of 77 residential parcels located in the “Flora Vista Tract,” on the south side of Racquet Club Road, the west side of Sunrise Way, and the north side of Via Escuela. District No. 9 was established in 1997 to provide funding for the maintenance of parkway landscaping along the west side of Sunrise Way along the frontage of the Flora Vista Tract, shown in Figure 6 and the following vicinity map:

Figure 6
Item 2A - 12
City Council Staff Report
July 14, 2022 -- Page 13
Street Lighting and Parkway Maintenance Districts

District No. 9 Vicinity Map
Flora Vista Tract

Item 2A - 13
ffi ROS-1\RJTO.WAY
TT -l r ,~ ~
·3:

Legend
D 500' Rad ius
~ Sit9
00, ·w-+--
·...1
~ ''-+--~
OI ·z -+---
, I

I I I I
I J I I I I '---'-------'- ROCAELLE:RD_
Cl1----+-- Q
it: ca:: ·r
<(
i----+-1-:~ i------+--- ~
f--- -tt-- 0 C 10 z
1---tt-- - w en C
I
t I 1
City Council Staff Report
July 14, 2022 -- Page 14
Street Lighting and Parkway Maintenance Districts

7. Parkway Maintenance District No. 10, Zone 1, consists of 308 residential parcels located in the “Mountain Gate (Phase 1),” development on the east side of N. Palm Canyon Drive and north of Gateway Drive. District No. 10, Zone 1, was established in 2003 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, the north side of Gateway Drive, and drainage basins along East Gate Road, shown in Figure 7 and the following vicinity map:

Figure 7
Item 2A - 14
City Council Staff Report
July 14, 2022 -- Page 15
Street Lighting and Parkway Maintenance Districts

District No. 10 – Zone 1 Vicinity Map
Mountain Gate (Phase 1)

Item 2A - 15
Legend
~ Sile
c::::J 500' Rad ius
City Council Staff Report
July 14, 2022 -- Page 16
Street Lighting and Parkway Maintenance Districts

8. Parkway Maintenance District No. 10, Zone 2, consists of 196 residential parcels located in the “Mountain Gate (Phase 2),” development on the east side of N. Palm Canyon Drive. District No. 10, Zone 2, was established in 2005 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, shown in Figure 8 and the following vicinity map:

Figure 8

Item 2A - 16
City Council Staff Report
July 14, 2022 -- Page 17
Street Lighting and Parkway Maintenance Districts

District No. 10 – Zone 2 Vicinity Map
Mountain Gate (Phase 2)

Item 2A - 17
Legend
~ Site
c::::J 500' Radius
City Council Staff Report
July 14, 2022 -- Page 18
Street Lighting and Parkway Maintenance Districts

9. Landscape Maintenance District No. 12 consists of 6 commercial parcels located in the “Smoke Tree Commons” shopping center on the south side of E. Palm Canyon Drive and west side of Barona Road. District No. 12 was established in 2008 to provide funding for the maintenance of median landscaping within E. Palm Canyon Drive between Cerritos Drive and Farrell Drive, shown in Figure 9 and the following vicinity map:

Figure 9
Item 2A - 18
City Council Staff Report
July 14, 2022 -- Page 19
Street Lighting and Parkway Maintenance Districts
Dis
trict No. 12 Vicinity Map
Smoke Tree Commons
Item 2A - 19
J
~ Cl::
·c
'w w C ,z -,c:(
Legend
~Si e
c::::J 500' Radius
z
...I
w w
~ w ::.:: 0 ,
:!: t/l

E PALM CANY ON DR
City Council Staff Report
July 14, 2022 -- Page 20
Street Lighting and Parkway Maintenance Districts
On June 16, 2022, the City Council adopted Resolutions ordering the preparation of and giving preliminary approval of the Engineer’s Reports for the Districts and declaring its intention to conduct a public hearing on July 14, 2022, regarding the Districts and the levy and collection of special assessments related thereto. The Engineer’s Reports have been filed with the City Clerk and are available for public review. In accordance with the Streets and Highways Code of the S tate of California, it is necessary for the City Council to conduct a Public Hearing, take public testimony, and in the absence of a majority protest to the special assessments, the City Council can approve the levy and collection of special assessments for the various Special Districts for the subject fiscal year.

FISCAL IMPACT:

Approval of this action is the final annual step to continue levying special assessments in the City’s Street Lighting and Parkway Maintenance Districts. In accordance with the Engineer’s Report prepared for each Maintenance District, on the basis that a majority protest is not presented at the public hearing , the City Council can order the levying of special assessments to collect revenue to pay for expenditures incurred within each District, as identified in the following table for the subject fiscal year:

Special District No. Levy Amount Qty of Parcel
Crossley Tract (3) $4,282.50 75
Fairport Development (6A) $5,154.00 19
6 Park Sonora Tract (6C) $12,367.80 30
Sunrise Norte (7) $17,304.50 53
Vintage Palms (8) $24,274.24 62
Flora Vista (9) $17,408.16 77
Mountain Gate Zone 1 (10-1) $ 90,762.40 292
16 Mountain Gate Zone 2 (10-2) $ 35,359.80 175
21 Smoke Tree Commons (12) $ 16,566.75 6
Total Levy $223,480.15 832
The proposed assessments for the subject Fiscal Year are lower or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Propositi on 218).

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Not signed due to residence within 500’ radius of a district boundary
ATTACHMENTS: A. Resolution
Item 2A - 20
Attachment A
Item 2A - 21
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER’S REPORT AND ORDERING THE

CONTINUED OPERATION AND MAINTENANCE OF

IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY
MAINTENANCE DISTRICTS NO. 6A , 6C, 7, 8, 9, AND 10
(ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, AND ORDERING THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2022/2023

WHEREAS, the City Council of the Cit y of Palm Springs, Calif ornia, (hereinafter the “City Council”), has by previous Resoluti on established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance Distric t No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”), and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referr ed to as the “Distric ts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the main tenance and services of improvements and all appurtenant facilities and operations related thereto; and

WHEREAS, an Engineer’s Report for each District, (hereafter referred to as the “Report”), has been prepared and filed with the City Clerk of the City of Palm Springs, (hereafter referred to as the “City Clerk ”), and the Report identifies the levy of assessments commencing July 1, 2022, an d ending June 30, 2023 (hereafter referred to as Fiscal Year 2022/2023) in accordance with the Act; and the City Council did by previous Resolution preliminarily approve each Report; and

WHEREAS, the City Council has carefully ex amined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spr ead in accordance with the special benefits received from the improvements, and the oper ation, maintenance and services to be performed, as set forth in the Report; and

WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Districts for Fiscal Year 2022 /2023 to pay the costs and expenses of the operation, maintenance, repair and servicing of improvements related thereto; and Item 2A - 22
Resolution No.

Page 2 ends

WHEREAS, the Report proposes the levy and coll ection of annual assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of Article XIIID of the California Constitution (Proposition 218); and

WHEREAS, the City Council has not iced and held a Public Hearing on July 14, 2022, regarding the Districts, and the proposed improvements and assessments for Fiscal Year 2022/2023, as described in the Report in accordance with the provisions of the Act and applicable provisions of Article XIIID of the California Constitution (Proposition 218).

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1: The above recitals are all true and correct.

Section 2: Following notice duly given, on July 14, 2022, the City Council has held a full and fair Public Hearing to approve or amend the Report, the levy and collection of assessments related thereto, and has cons idered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners have a pproved the assessments so presented in the Report in accordance with the requirements of Article XIIID of the California Constitution (Proposition 218).

Section 3: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the Cit y Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:

a) The land within each District will rece ive special benefit by the operation, maintenance, and servicing of certain im provements within t he boundaries of such District.

b) Each District includes all of the lands receiving such special benefit.

c) The net amount to be assessed upon the l ands within each District for Fiscal Year 2022/2023, is apportioned by a formula and met hod which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services.

d) The assessment amounts described in the Report do not exceed the maximum assessments previously established in accordance with the provisions of Article XIIID of the California Constitution (Proposition 218).

Section 4: The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Item 2A - 23
Resolution No.

Page 3 ends

Section 5: The City Council hereby orders the proposed improvements to be made, which improvements are gener ally described as the oper ation, administration, maintenance, and servicing of street light ing, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and expenses asso ciated with the Districts. The Report describes any new improvements or substantial changes in existing improvements.

Section 6: The assessments as confirmed shall be submitted to the County Auditor of the County of Riverside (the “County Auditor”) , and the County Auditor shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as Riverside County taxes are collected pursuant to §22646 of the Act. After collection by Riverside County, the net amount of the levy shall be paid to the City Treasurer.

Section 7: The City Treasurer shall deposit all money representing assessments collected by Riverside County for each District, and such money shall be expended only for the operation, maintenance and servicing of the improvement s as described in Section 5.

Section 8: The adoption of this Resolution c onstitutes the levy for Fiscal Year 2022/2023.

Section 9: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution.

ADOPTED THIS 14th day of July, 2022.

Justin Clifton, City Manager

ATTEST:

Monique Lomeli, CMC, Interim City Clerk
Item 2A - 24
Resolution No.

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Monique Lomeli, Interim City Clerk of the Cit y of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 14, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique Lomeli, CMC
Interim City Clerk

Item 2A - 25

CITY COUNCIL STAFF REPORT
07/14/2022 3. A.

City Clerk -

SUBJECT

CONSIDERATION OF SISTER CITY PROGRAM PROPOSAL
RECOMMENDATION:

Direct staff as appropriate.

Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: JULY 14, 2022 NEW BUSINESS

SUBJECT: CONSIDERATION OF SISTER CITY PROGRAM PROPOSAL

FROM: Justin Clifton, City Manager

SUMMARY:

Representatives of the Palm Springs Sister City Board of Directors (Sister City Board) presented to City Council on July 22, 2021, about seeking a Sister City relationship for Palm Springs. This agenda item summarizes the work of the Sister City Board since then and advances to City Council a request to initiate a Sister City relationship with San Miquel de Allende, Mexico. Official pursuit of a Sister City relationship would be initiated by a letter of intent signed by the Mayor.

RECOMMENDATION:

Direct Staff as appropriate.

BACKGROUND:

The Sister City Program is administered with support from Sister City International, a 501(c)(3) established by President Eisenhower in 1956 with the mission, “To promote peace through mutual respect, understanding and cooperation - one individual, one community at a time.”

The program generally consists of one or more long- term relationships between two communities that pursue a variety of activities and programs aimed at promoting peace and diplomatic relations through cultural exchange. Sister Cities have broad discretion on how to participate in the program but often undertake a variety of shared experiences including volunteerism, exchanges, and shared projects.

The Sister City Board proposes undertaking programs and activities through a broad network of supporting individuals and agencies. The proposal anticipates no cost and minimal commitment from the City.

Item 3A - 1
City Council Staff Report
July 14, 2022 -- Page 2
Sister City Proposal

Attached to this staff report are the following supporting documents:

• Attachment A: A letter to City Council from the Palm Springs Sister City Committee formally requesting to initiate a Sister City relationship with San Miquel de Allende, Mexico.

• Attachment B: The Palm Springs Sister City Strategic Plan that provides additional details on the Sister City Program and recommended approach to fostering a strong Sister City relationship.

• Attachment C: Summary Information on San Miquel de Allende, Mexico.

These attachments provide a summary of activities undertaken by the Sister City Board, outline prospective programs and activities and identify future tasks in establishing a Sister City program.

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

The Sister City Board proposal anticipates no cost to the City at this time.

REVIEWED BY:

City Manager: Justin Clifton

ATTACHMENTS:

A. Letter to City Council
B. Palm Springs Sister City Strategic Plan
C. Summary Information on San Miquel de Allende, Mexico

Item 3A - 2

ATTACHMENT A

Item 3A - 3
Palm Springs Sister City Committee

June 27, 2022

Mayor Lisa Middleton
Mayor Pro Tem Grace Garner
Councilmember Christy Holstege
Councilmember Dennis Woods
Councilmember Geoff Kors
City Manager Justin Clifton

Honorable Mayor, Members of the City Council and City Manager,

The Palm Springs Sister City Board of Directors has been working for some time to establish a Sister City relationship for Palm Springs. We have decided, after considering several possible cities, to work with the City of San Miguel de Allende, Mexico as our first Sister City.

We are attaching some information on San Miguel de Allende, Mexico. The process requires a formal letter of intent from our Mayor to their Mayor. As a reminder, there is no financial obligation on the part of the City. The program will be funded through private fundraising, sponsorships, and events. We have had initial, informal contact with the appropriate parties in San Miguel de Allende, and they are very receptive.

To date, we have presented to numerous stakeholder groups in the city and continue to reach out to more. Representatives of stakeholder groups have indicated their support below, along with our committee members and Board of Directors (many of whom represent and/or are affiliated with stakeholder groups). We are still reaching out to other Palm Springs stakeholder groups, e.g., ONE-PS, DAP Health, the Agua Caliente Band of Cahuilla Indians.

At our most recent meeting, attended by those noted below, a few ideas emerged:

- Collaboration between Palm Springs Bureau of Tourism, Desert Business Association, the Palm Springs Chamber of Commerce, and Visit Greater Palm Springs with Visit San Miguel on building a relationship for mutual tourism benefit
- Ann Sheffer (former Public Arts Commission Chair) and Mark Prior (former CEO of the Palm Springs Art Museum) working with Adam Lerner, current CEO of the Palm Springs Art Museum, on partnership opportunities in the various arts arenas - Palm Springs Chamber of Commerce working with the San Miguel de Allende Chamber of Commerce, as San Miguel has a Sister Chamber program
- Cross-participation in Pride events (theirs is in August) - Culinary Arts Exchange with the College of the Desert once it’s established in the West Valley
Item 3A - 4
Palm Springs Sister City Committee
June 27, 2022

Page 2 of 3 ends

- Establishing a Student Penpal program between schools in each city

The goal is to a establish a relationship that encourages cross-participation from numerous and varied sectors (business, tourism, education, arts, health, culinary, festivals, indigenous cultures, diversity, etc.)

After much discussion and stakeholder input and support, the Palm Springs Sister City Board of Directors is requesting approval to move forward with a Palm Springs / San Miguel de Allende Sister City Relationship.

With your approval, the Board of Directors will draft the letter of intent to be signed by our Mayor.

Thank you,

Palm Springs Sister City Board of Directors

Jeffrey Bernstein, Co-President, Palm Springs Sister City Board of Directors; Chair, Measure J Commission; Founder, Destination PSP

Andrea Davis, Treasurer, Palm Springs Sister City Board of Directors; Professional Entrepreneurial Operating System Implementer

Ellen Goodman, Secretary, Palm Springs Sister City Board of Directors; Foundation Director, Palm Springs Unified School District Foundation

Allison Jones, Co-President, Palm Springs Sister City Board of Directors; Former Chair, Palm Springs Airport Commission; Board Member, Dezart Performs

Lauri Kibby, Founder, Kings Garden; Board Member, DAP Health

Hugo Loyola, Vice President, Palm Springs Sister City Board of Directors; Palm Springs Human Rights Commissioner; Business Consultant, Orange County - Inland Empire SBDC

David Perry, CEO David Perry & Associates; Board Member, Dezart Performs

Ann Sheffer, Board Member, Inland Empire Community Foundation; Former Chair, Palm Springs Public Arts Commission

Stakeholder Support

Aftab Dada, Chair, Palm Springs Hospitality Association; Chair, PS Resorts Item 3A - 5
Palm Springs Sister City Committee
June 27, 2022

Page 3 of 3 ends

Ron deHarte, Chair, Palm Springs Human Rights Commission; CEO, Palm Springs Pride; Co-Chair, Palm Springs Community Leadership Council

Rob Hampton, General Manager, Palm Springs Convention Center, Palm Springs Bureau of Tourism

Joy Brown Meredith, President, Main Street Palm Springs; Member, Downtown & Uptown Business Association

David Powell, Executive Director, Desert Business Association – the Desert’s LGBTQ Chamber; Co-Chair, Palm Springs Community Leadership Council

Joe Wallace, CEO, CVEP

Nona Watson, CEO, Palm Springs Chamber of Commerce

Scott White, President & CEO, Visit Greater Palm Springs Item 3A - 6

ATTACHMENT B

Item 3A - 7
V.11_06.27.22 1
Palm Springs
Sister City

Sister City Strategic Plan
Palm Springs, California

Item 3A - 8
2 Palm Springs Sister City

Good evening:
 On July 22, 2021, the Palm Springs City Council gave its blessing to move forward to seek additional public feedback with the goal of reaching out to other cities to explore their interest in becoming a sister city with Palm Springs.
 Here is a brief background on the work of the committee by —— o Providing a brief explanation about the Sister Cities Program, o Sharing its mission and vision,
o Proposed international and domestic cities,
o Timeline, and
o Committee members.

____________________________________________________

Item 3A - 9
3 About the Sister Cities Program

 A Sister City is a broad-based, long-term partnership between two communities in two countries with guidance and support from Sister Cities International.
 However, the Palm Springs Sister City Exploratory Committee has chosen to develop Sister City relationships with 1 international and 1 domestic city, the latter outside the aegis of Sister City International.
o As these relationships mature, additional cities may be considered.  All Sister Cities are independent, typically 501 (c) (3) organizations and are run by a group of volunteers and local municipal government representatives.  However, only the Palm Springs mayor may execute an official agreement with the mayor of the international and domestic cities.
 Each Sister City pursues the activities and thematic areas that are important to it and its community including municipal, business, trade, education, and cultural exchanges and projects with their Sister City.

Sister Cities —
• Promote volunteer groups of citizens who form long-term relationships with people and organizations; • Enhance the ability of people from different cultures to understand, appreciate, and celebrate their difference while building partnerships that advance the interested of all humankind; and • Create global relationships based on culture, education, information, and trade exchanges.

Item 3A - 10
4 Palm Springs Sister City
Mission & Vision

Taking advantage of increased passengers as a result of new airlines and new flight destinations at the Palm Springs International Airport, the Palm Springs Sister City Mission will expand awareness about and promote business, cultural, and social opportunities in post-COVID 19 Palm Springs.

The Palm Springs Sister City Program will expand awareness about and promote year-round (not seasonal) programs to —
 Promote and expand tourism that will benefit Palm Springs hotels, restaurants, businesses, performing arts and other recreational activities,
 Promote sustainability, quality of life, human rights efforts, social justice, and LGBTQ rights and civil rights issues,
 Sponsor municipal, business, and trade exchanges,
 Publicize and market Palm Springs as a nationally-recognized destination for its sunshine, recreation, restaurants, hotels, cultural and artistic exhibits, performing arts, and retail shopping opportunities,  Develop and implement cultural exchange programs: artist-in-resident, culinary, literary festivals, film festivals, musical performances theatre performances and performing arts programs, student

Item 3A - 11
5 Suggested Sister Cities Considered by the
Exploratory Committee and Suggested by
Stakeholders

The Sister City Exploratory Committee developed a list of international and U.S. cities suggested by the Sister City Exploratory Committee and stakeholders. After a thorough review of each city and how it matched the mission and vision of Palm Springs Sister City Program, the Sister City Exploratory Committee selected and recommends the following international and domestic Sister Cities for consideration.

Three finalists recommended for consideration as Palm Springs International Sister City:
 San Miguel de Allende
o Sister City relationships with Redlands, CA; St Augustine, FL; West Palm Beach, FL; Santa Fe, NM; Laredo, TX; McAllen, TX; and Tyler, TX.
 Victoria, BC, Canada
 Aix en Provence, France
o Sister City relationships with Coral Gables, FL and Philadelphia, PA

Three finalists recommended for consideration as Palm Springs Domestic Sister City:
 Provincetown, MA
 Ashville, NC
 Aspen, CO

The Sister City Exploratory Committee considered twenty other international cities located in Australia, Canada, France, Germany, Japan, Mexico, New Zealand, and Scotland. Thirteen other domestic cities were also considered in the following states: Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, North Carolina, Oregon, and Utah.

Item 3A - 12
6 Action Roadmap and Timeline
 For the past 18 months, the exploratory committee sought and integrated stakeholder feedback, including One-PS.
 At its July 2021 meeting, the City Council gave its blessing to the Exploratory Committee to move forward to seek additional public feedback with the goal of reaching out to other cities to explore their interest in becoming a sister city with Palm Springs.  Specific steps we have taken are summarized below:

 Form Sister City Exploratory Committee (October, 2020)  Jeffrey Bernstein, Co-Chair
 Community engagement: business owner (Destination PSP); Chair, Measure J Comission;
 Al Jones, Co-Chair
 Community engagement: former Chair, Airport Commission; board member of Dezart Performs; Trustee of Palm Springs Public Library; Safe Schools Scholarship Committee; and Desert Business Association member
 David Perry, communications and public affairs professional

 Expand Exploratory Committee to include representatives from hotels, restaurants, and business (November, 2020)
 Lauri Kibby, Vice Chair, DAP Board of Directors, experience in construction and business development
 Willie Rhine, Co-owner of Eight4Nine Restaurant & Lounge and 1501 Uptown Gastropub  Ann Sheffer, Chair of Palm Springs Arts Commission
 Peggy Trott, General Manager, Kimpton The Rowan Palm Springs Hotel

 Draft Strategic Plan (November 2020 – July 2021)
 The committee drafted 9 versions based upon review and feedback from members of the Sister City Exploratory Committee

 Identify potential Sister Cities (December 2020 – May 2021)

Item 3A - 13
7  Join Sister Cities International (January 2021)
 Annual Cost $610 for a city with a population between 25,000 and 50,000  Members of the Sister Cities Exploratory Committee paid the $610 membership fee  Member Services
 Facilitate relationship with a sister city
• Assistance with starting the partnership process from scratch and assistance at various stages of establishing a relationship with a sister city.  Provides sample bylaws and will review draft bylaws
 Assist with communications
• Promoting sister city programs, exchanges, and events • Publicize program’s success stories
 Promote upcoming exchanges and events through targeted emails, social media, and event calendar
 Provide guidance to navigate crises or controversies regarding the sister city programs.

 Brief Mayor Christy Holstege and City Councilmember Geoff Kors who also serves as the City Council Tourism Liaison) (February 23, 2021)

 Consultation with Palm Springs Organizations, subsequent to meeting with Mayor Holstege and City Councilmember Kors, consult with stakeholders to stimulate conversation to gather feedback and additional ideas to strengthen the Sister City Strategic Plan. (February – May 2021)

 Palm Springs Hospitality Association,
 General Manager’s meeting,
 Palm Springs Business Development & Retention Subcommittee,  Main Street
 Chamber of Commerce
 Desert Business Association (DBA)
 Great Palm Springs Convention and Visitors Bureau (CVB)  Community Leadership Council
 Agua Caliente Band of Cahuilla Indians
 Coachella Valley Economic Partnership (CVEP)
 ONE PS
 The broader Palm Springs community

 Kate Anderson, Director of Public Relations, Agua Caliente Band of Cahuilla Indians joins Palm Springs Sister City Exploratory Committee

 Renew Sister City International Membership (June 31, 2021) Item 3A - 14
8  Submit Strategic Plan to City Council for review and approval (July 2021)

 Upon approval of the Sister City Strategic Plan by the Palm Springs City Council, expand the Sister City Exploratory Committee into the Sister City Operating Committee to reflect greater diversity of Palm Springs’ population and stakeholders.

 Create a website to publicize the Sister City project and include a “contact us” section to allow members of the public to provide additional comments and feedback.

 Contact potential International and U.S. Sister Cities and finalize Sister City agreements (June 2021 – December 2021)

Item 3A - 15
9  Implementation of Board of Directors (March 10, 2022) At its March 10, 2022 meeting the Palm Springs Sister City Exploratory Committee unanimously voted to move the “Exploratory Committee” into a Board of Directors with the following officers:

Palm Springs Sister City Board of Directors:

Board Co-Presidents: Al Jones and Jeffrey Bernstein
Board Vice President: Hugo Loyola
Board Secretary: Ellen Goodman
Board Treasurer: Andrea Davis
Operational Committee: TBD
Membership Committee: TBD
Publicity Committee: TBD
Development Committee: TBD
Citizens Committee

Board of Directors:
• Responsible for long-range planning through policy development and implementation
• Financial management of the program
• Evaluation of program activities
• Appointment of committees
• Submit application to become a 501 (c) (3) non-profit organization Operational Committee :
• Oversight of the day-to-day program activities

Item 3A - 16
10 Palm Springs Sister City Board of Directors
Jeffrey Bernstein, Sister City Board of Directors, Co-President; Chair, Measure J Commission; Founder, Destination PSP.

Al Jones, Sister City Board of Directors, Co-President; Former Chair, Palm Springs International Airport Commission; Trustee Palm Springs Library; board member, Dezart Performs, CSU Palm Desert Advancement Board member, Desert Business Association member.

Hugo Loyola, Sister City Board of Directors, Vice President Ellen Goodman, Sister City Board of Directors, Secretary Andrea Davis, Sister City Board of Directors, Treasurer Lauri Kibby, Sister City Board member; Vice Chair of DAP Board of Directors, experience in construction and business development
David Perry, Sister City Board member; communications and public affairs professional Ann Sheffer, Sister City Board member; Chair of Palm Springs Arts Commission, member of DAP Board of Directors

Liaison for the Agua Caliente Band of Cahuilla
Indians to the Palm Springs Sister City Board of
Directors

Kate Anderson, Director of Public Relations, Agua Caliente Band of Cahuilla Indians

Item 3A - 17

ATTACHMENT C
Item 3A - 18
1 V.2 04.27.22
San Miguel de Allende
Summary Information
San Miguel de Allende, a colonial-era city in Mexico’s central highlands, is known for its baroque Spanish architecture, thriving arts scene and cultural festivals. It is located in the municipality of Allende.

Loca
tion
• 4 hours from Mexico City in the state of Guanajuato. The area was the location of the start of the 1810 revolution. It is located in the BAJIO (Baa-HE-O), which is an uplift in the center of Mexico, the high desert.

Airports
• The two closest airports are LEON (BJX) and QUERETARO (QRO). Each is a bit more than an hour away. Private transportation to San Miguel is available for approximately $100 one way. BJX is 41 miles and QRO is 48 miles from San Miguel de Allende.

Airlines: Travel from Palm Springs to San Miguel de Allende • United and Aeromexico serve each airport, but the region is served by all major airlines.
• It is possible to fly from PSP to BJX/QRO with only 1 stop and change of planes as well as 2 stops.
• PSP on United Airlines via Houston and Denver.
• PSP on American Airlines via Dallas; and
• PSP on Delta via Salt Lake City.

Item 3A - 19
Los Angeles
0 ARIZONA NEW MEXICO }
·······/
~----,- -,,ARe!:KANSAS / .

Dallas
0 TEXAS
Austin
o Houston
0 San Ac:itonio
( ~1SSISSIPP\

LOUISIANA
Gulf of
Mexico
ALABAM
Merida caicun
0 'fl1CATAN
CAMPECH~ OUl:J~NA
~HIAPAS
OAXA.,.C_,• ..... --~- ~-L_ __________ _
2 V.2 04.27.22
Climate

• The climate is consistently 70-85 during the day (May is the hottest month) and 40-65 at night (December is often the coldest month). Rain is mostly in late June to Early October - think high desert - like Santa Fe, New Mexico

City Government - Mayor

• The new Mayor is Mauricio Trejo (he has been mayor before). He gave a speech to the Rotary in late March 2022 which can be seen here - https://www.youtube.com/watch?v=pCoFv3SFd_c&t=2s

Demographics

• San Miguel de Allende Population: 59,691
• Allende Area Population: 139,297
• About 10-15,000 international expats live there during the year. (About half live there full time), about 5% of the population.
• The Otomi are the largest indigenous population group, accounting for just under 38% of the municipal population. The Nahuas follow at about 20%. • The overall population of the municipality is young: about 40% is under the age of 15, with those between 15 and 64 making up about 54% of the population.

Diversity, Inclusion and Safety for LGBT People and All Visitors

• On December 20, 2021 the State of Guanajuato officially became one of the 26 states where same sex marriage became legal by state government decree. The first documented LGBT marriage took place on July 2, 2021 (source: El Universal)
• San Miguel has become super popular with gay couples thanks to its draw as a romantic getaway and a wedding destination. Sanmiguelences are famous for being super friendly, religious, but curious, and accepting of everyone. • Gay-owned businesses have flourished over the years, e.g., artists, jewelry designers, painters, sculptors, and art galleries.

History

• Before the arrival of the Spanish in the early 16th century, San Miguel was an indigenous Chichimeca village called Itzcuinapan.
• The city's name derives from two persons: 16th-century friar Juan de San Miguel, and a martyr of Mexican Independence, Ignacio Allende.
• San Miguel de Allende was also a critical epicenter during the historic Chichimeca War (1540–1590) where the Chichimeca Confederation defeated the Spanish Empire in the initial colonization war.

Item 3A - 20
3 V.2 04.27.22
• The United Nations Educational, Scientific and Cultural Organization (UNESCO) designated the Protective town of San Miguel and the Sanctuary of Jesús Nazareno de Atotonilco as a World Heritage Site in 2008.

Education

The municipality is home to three institutions of higher education:
• the Instituto Tecnológico SSC,
• a campus of the Universidad Tecnológica de León,
• and the Universidad Tecnológica de San Miguel de Allende.

Arts, Music, Literature, & Gastronomy

• In addition to the history (the CITY is a Unesco World Heritage Site), it has 100 great restaurants (with a diverse set of Cuisines) and a lot of music and art. There is a Bel Canto competition in the summer and venues of classical and jazz performances. ProMusica sponsors many musical events. Two theater companies perform, including a new equity company.
• San Miguel de Allende has long had a reputation as a haven for visual artists. In the Spanish colonial period, San Miguel was the largest recipient of funding for the arts
• Religious and secular music continues to be a town focal point • In addition to two major art institutions (Instituto Allende and Bellas Artes), artists and art venues can be seen in various parts of the town. The artsy culture of San Miguel permeates many of the city's quirky museums.
• More recently, the town has been attracting writers, film makers, and musicians.

The town annually hosts an important free film festival, the GIFF. The annual Writers' Conference brings together authors, editors and literary agents. • The City was declared a UNESCO World Heritage Site for its Baroque and Neoclassical colonial architecture and role in the Mexican War of Independence.

Celebrations

• There are perhaps 300 celebrations during the year.
• The September 29th festival of fiesta of San Miguel celebrates the town's patron saint. The mixture of religion and folklore is a celebration of the success of San Miguel's protection over Uncia in the form of breathing fire at any devil attempting to attack the town.
• Fourth of July - the expat community has a big event around the 4th. The community continues to grow and is very active on Facebook https://www.facebook.com/groups/sanmiguelfriends
• La Calaca Festival on October 31st is an arts festival that brings together interactive arts installations, local businesses, individuals and arts organizations and visitors from Mexico to witness art and creativity. • Dia de Muertos (Around Halloween) and Navidad (Christmas) (which runs from mid-December through January 6).

Item 3A - 21
4 V.2 04.27.22
• These are representative examples, but there are many smaller celebrations as well.

Other Reasons To Visit

• Most visitors are vacationers and about 60% are domestic visitors, interested in the town's history and role in the Mexican War of Independence. • The more than 170-acre botanical garden set in an ecological preserve, where wildlife may be spotted, invites visitors to walk along greenery-lined trails and learn about various species of local cacti.
• There are secular and cultural festivals during the year. • The annual Festival de Música de Cámara or Chamber Music Festival occurs each year in August in the city's historic center. • Other events include the Jornada de Cultura Cubana in March, the Festival de Títeres in April, the Festival de Convivencia y Hermandad Universal in May, the Desfile de Locos in June, the Festival Expresiones Cortos in July, the Feria Nacional de Lana y Latón and the festival de Jazz y Blues in November and the Festival de San Miguel de Allende in December.
• The most-important political celebration is the reenactment of the "Grito de Dolores", as the original occurred in the nearby town of Dolores Hidalgo, marking the beginning of the Mexican War of Independence.

Item 3A - 22

CITY COUNCIL STAFF REPORT
07/14/2022 3. B.

City Clerk -

SUBJECT

REQUEST BY PALM SPRINGS COFFEESHOP, LLC FOR A MINOR

MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY/CAFE LOUNGE AT 605 EAST SUNNY DUES ROAD (CASE 7.1647 AMM)
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (COFFEESHOP, LLC) PROPOSED AT 605 EAST SUNNY DUNES ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1647 AMM).”

1. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE
MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (COFFEESHOP, LLC) PROPOSED AT 605 EAST SUNNY DUNES ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE

7.1647 AMM).”

2. Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: Ju ly 14, 2022 NEW BUSINESS

SUBJECT: REQUEST BY PALM SPRINGS COFFEESHOP , LLC FOR A MINOR

MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENT S FOR A CANNABIS DISPENSARY/ CAFÉ
LOUNGE AT 605 EAST SUNNY DUES ROAD (CASE 7.1647 AMM)

FROM: Justin Clifton, City Manager

BY: Development Services Department

SUMMARY:

This is a request of the City Council to grant an Administrative Minor Modification (AMM) for relief from the separation distance requirement for a cannabis dispensary/café lounge at 605 E. Sunny Dunes Road in accordance with Section 92.23.15(F)(3)(A) of t he Palm Springs Zoning Code (PSZC). There are three cannabis dispensaries within 500 feet of the subject site, necessitating the waiver application.

RECOMMENDATION:

1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE

2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRAT IVE

BUSINESS PRINCIPAL DISCLOSURE:

The applicant has submitted a Public Integrity Disclosure Form , included as an attachment to this report.

Item 3B - 1
City Council Staff Report
July 14, 2022 -- Page 2

7.1647 AMM

BACKGROUND:

Related Relevant City Actions
N/A A Regulatory Permit has not been issued for the proposed dispensary operation.

Most Recent Change of Ownership
2019 AMF Palm Can

Neighborhood Notice
06/30/2022
Notice of public hearing mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the City Council at a public hearing on July 14, 2022. The public hearing notice was also emailed to Neighborhood Organi zations within one mile of the project site.

Field Check
05/31/2022 Staff visited site to observe existing conditions

Site Area
Net Acres 0.29 Acres

Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General Plan
Designation
Existing Zoning
Designation
Subject Property Vacant Mixed Use CM (Commercial
Manufacturing)
North Retail/Bar
NCC (Neighborhood
Community
Commercial)
CM (Commercial
Manufacturing)
South Steel Fabrication MU (Mixed Use) CM (Commercial
Manufacturing)
East Auto Repair MU (Mixed Use) CM (Commercial
Manufacturing)
West Cannabis
Dispensary MU (Mixed Use) CM (Commercial
Manufacturing)

Palm Springs Coffeeshop, LLC has requested an Administrative Minor Modification (AMM) to seek relief from separation standards outlined in Special Standards for Cannabis Uses, Section 93.23.15 of the Palm Springs Zoning Code (PSZC). The request is being submitted prior to any other r equired permit or entitlement application. If the distance waiver is approved, the applicant will be required to submit a Major Development Permit Application and a Major Architectural Application for the construction of the building; said applications would be reviewed by the Planning Commission and Architectural Review Committee at future meetings. In addition, the applicant will need to Item 3B - 2
I
I
I
City Council Staff Report
July 14, 2022 -- Page 3

7.1647 AMM

obtain an Adult Use Cannabis Permit pursuant to Palm Springs Municipal Code (PSMC) Chapter 5.55.

STAFF ANALYSIS

The City has established separation and concentration standards for cannabis facilities within PSZC Section 93.23.15 ( Special Standards for Cannabis Uses ). These include separating all cannabis facilities a minimum of 600 feet from protected uses (i.e., schools, public parks, youth centers, etc.) and separating all cannabis lounges and dispensaries a minimum of 500 feet from other cannabis dispensaries or lounges . Section 93.23.15 also establishes a process to waive such separation requirements through the City Council review of an AMM application.

The applicant has submitted the AMM application to establish the proposed cannabis facility at 605 East Sunny Dunes Road and waive the separation requirements from three existing cannabis dispensaries, FLWR Co. Palm Springs Dispensary, Ikanik Farms Palm Springs, and PSA Organica. The cannabis dispensary, FLWR Co. received a regulatory Permit in 2019 (#C -2019-091) and is located 0 feet from the proposed facility. Ikani k Farms received a regulatory permit in 20 18 (C-2018-036) and is located approximately 200 feet from the proposed facility, and PSA Organica received their regulatory permit in 2017 (C-2017-011) and is located approximately 300 feet from the proposed facility.

Cannabis Facilities Within 500 Feet
Permitted Facilities:

Name Address Zone Use Distance
FLWR CO. 577 E. Sunny
Dunes CM Cannabis
Dispensary 0 Ft.

Ikanik Farms 510 Industrial Pl. CM Cannabis
Dispensary/Lounge ~200 Ft.

PSA Organica 400 East Sunny
Dunes CM Cannabis
Dispensary ~300 Ft.

Project Description:

The project consists of the development of a new 3,250-square foot, single-story building proposed on an undeveloped parcel on East Sunny Dunes Road within the Commercial/Manufacturing zone (CM). The Coffeeshop Dispensary will be an adult-use cannabis dispensary and café lounge, selling cannabis and related products onsite. The dispensary area will be approximately 1,635 square feet in size and will feature a cannabis flower bar, select edibles, vape cartridges and other similar products. The lounge will occupy 1,616 square f eet and will allow up to twenty -four (24) patrons to consume cannabis-infused food and beverages. Operational hours are proposed from 10:00 AM to 12:00 AM, daily.

Item 3B - 3
City Council Staff Report
July 14, 2022 -- Page 4

7.1647 AMM

The proposed building will be situated towards the rear of the parcel, approximately 21’- 0” high and will span the width of the lot. A developed parking lot and new landscaping are also proposed. The building will have a modern appearance, which consists of a La Habra stucco exterior, with reclaimed wood siding on portions of the north and east elevations. A terra cotta breeze block will be used on the exterior north elevation. Exposed black river stone will pave the walkway near the building, and permeable pavers will fill the entire parking lot area. Desert landscape planters will surround the perimeter of the proposed project site.

FINDINGS:

Section 92.23.15(C) of the Palm Springs Zoning Code authorizes the City Council to waive distance requirements through issuance of a Minor Modification. Pursuant to Palm Springs Zoning Code Section 94.06.01(B)(3), the following findings must be met to justify approval of a Minor Modification application. Staff has analyzed the required findings as follows:

1. The requested minor modification is consistent with the general plan, applicable specific plan(s), and overall objectives of the zoning ordinance.

The General Plan designation of the subject property is MU ( Mixed Use ). The proposed use is consistent with specific uses intended in mixed-use areas which typically include community-serving commercial and service businesses, including retail and restaurant facilities. The proposed use is also consistent with the zoning code, in that the site is zoned Commercial Manufacturing (C-M), which permits the proposed dispensary/lounge use pursuant to Section 92.15.01. However, Section

93.23.15(C)(1) re quires a 500- foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts.

2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.

Businesses in the immediate area consist primarily of light industrial uses, retail uses, and other cannabis dispensaries; a residential neighborhood is located approximately 250 feet to the east of the subject site. The propose d cannabis dispensary will have operating hours (10:00 AM to 12:00 AM) that extend beyond the hours of most of the adjacent retail and industrial businesses which are closed in the evening but should not pose an impact to those uses. However, the hours of operation may impact adjacent residents due to parking lot noise from patrons leaving the facility during the late evening hours.

Item 3B - 4
City Council Staff Report
July 14, 2022 -- Page 5

7.1647 AMM

3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.

As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSM C Chapter 5.55 should reduce immediate impacts to adjacent uses and generally should not be detrimental to the health, safety or general welfare of persons working in the surrounding area.

However, a concentration of cannabis -related uses in an area can result in secondary impacts which impact public health and safety.

4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

The proposed cannabis facility will be on an undeveloped lot. The lot is not substandard in size, and does not have any environmental features or unique characteristics that would justify a minor modification application.

Pursuant to Resolution No. 24799, the City Council may also consider the following optional criteria in reviewing the distance waiver request:

5. The proposed use will be located in an existing building that is blighted.

The proposed use will not be located in an existing building. The proposed project site is currently undeveloped.

6. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.

The proposed project site is currently an undeveloped, infill lot.

7. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.

There are three other cannabis uses within 500 feet of the proposed facility, two of which are located on the same street. The closest cannabis operation, FLWR CO., is located on the abutting parcel to the west ; PSA Organica is located approximately 300 feet to the west on the same street but is not on the same block frontage. The third facility, Ikanik Farms , is located southwest of the proposed facility on East Industrial Place and is not directly visible from the proposed dispensary. Since there are three existing cannabis dispensaries within 500 feet Item 3B - 5
City Council Staff Report
July 14, 2022 -- Page 6

7.1647 AMM

of the proposed project site, a pproval of the proposed use could result in an oversaturation of the same type of cannabis uses.

8. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours.

As noted previously, the proposed use is generally compatible with adjacent commercial and industrial uses but may pose impacts to the residential area to the east. The hours of operation will extend later than most adjacent businesses but will be consistent with the other cannabis facilities and the adjacent bar.

9. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.

The applicant is not a qualified participant in the City’s C annabis Social Equity Program.

ENVIRONMENTAL ASSESSMENT:

The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”) and has been determined to be categorically exempt pursuant to Section 153 32 of the CEQA Guidelines ( Infill Development Projects.). If City Council chooses to deny the AMM request, then C EQA does not apply pursuant to Section 15270.

CONCLUSION:

The City Council may either make the determination to approve or deny the Administrative Minor Modification (Case No. 7.1647 AMM) for the distance waiver based on a consideration of the findings presented in this staff report and the testimony offered at the City Council meeting.

SUBMITTED BY:

Assistant Department Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

1. Vicinity Map

2. Separation Map

3. Draft Resolutions (Approval and Denial)

4. Justification Letter

5. Public Integrity Disclosure Form

6. Project Plans
Item 3B - 6
Attachment 1
Item 3B - 7
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
605 East Sunny Dunes
Road
Item 3B - 8
J _, : I
\
\
Legend
~ Site
c:::J 500 Ft. Radius
Parcels

CA L LE ROCA
\
I I
l
I-
•
.

W E
s
~
OL +-
0:

Hi
ii:
0 ~
"' .... .... -
l
<I
I
r
----

Attachment 2

Item 3B - 9

Department of Planning Services
Cannabis Map

CITY OF PALM SPRINGS
605 East Sunny Dunes Road

Ikanik Farms
PSA Organica
FLWR CO.

Item 3B - 10
J
r
rl7
Legend
m Site
CJ Existing Cannabis Facilities
c:::::J 500-Ft Raid us
Parcels

CALLE ROCA
I L
0 I I
_,
0: ... - z s
2 I I
T
ii
"' C
DI
l!i > ii!
•
N
W E
s
0 5
w -
C
i
I

Attachment 3

Item 3B - 11
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING AN

ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF

FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS

DISPENSARY (PALM SPRINGS COFFEESHOP)
PROPOSED AT 605 EAST SUNNY DUNES ROAD (CASE
NO. 7.1647 AMM).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Palm Springs Coffeeshop has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five- hundred (500) feet for the subject site located at 605 East Sunny Dunes Road, APN 508-163-004 (Case 7.1647 AMM).

B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five- hundred (500) feet.

C. PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relative to separation distances on a case- by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM).

D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows:

1. The requested minor modification is consistent with the general plan, applicable specific plan(s), and overall objectives of the zoning ordinance.

The General Plan designation of the subject property is MU (Mixed Use). The proposed use is consistent with specific uses intended in mixed- use areas which typically include community-serving commercial and service businesses, including retail and restaurant facilities. The proposed use is also consistent with the zoning code, in that the site is zoned Commercial Manufacturing (C-M), which permits the proposed dispensary/lounge use pursuant to Section 92.15.01.

2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.

Businesses in the immediate area consist primarily of light industrial uses, retail Item 3B - 12
Resolution No. ____

Page 2 ends

uses, and other cannabis dispensaries . The proposed cannabis dispensary will have operating hours (10:00 am to 12:00 am) that extend beyond the hours of most of the adjacent retail and industrial businesses which are closed in the evening but should not pose an impact to those uses.

3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.

As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and the use will not be detrimental to the health, safety or general welfare of persons working in the surrounding area.

4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

The proposed cannabis facility will be on an undeveloped lot ; approval of this waiver will result in the completion of the public sidewalk and curbing along the block frontage, and will contribute to the vitality of the commercial district in which it is located.

E. Resolution 24799 provides the following optional five (5) criteria in evaluating cannabis facility distance separation waiver applications stated below:

1. The proposed use will be located in an existing building that is blighted.

The proposed use will not be located in an existing building. The proposed project site is currently vacant.

2. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.

The proposed project site is currently an undeveloped, infill lot.

3. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.

While there are three other cannabis uses within 500 feet of the proposed facility, only the FLWR CO. dispensary is within the same block frontage, and it does not have a lounge facility. PSA Organica is located approximately 300 feet to the west on Sunny Dunes Road but is on the opposite side of the street, and Ikanik Farms is not directly visible or accessible from the proposed dispensary.

Item 3B - 13
Resolution No. ____

Page 3 ends

4. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours.

As noted previously, the proposed use is generally compatible with adjacent commercial and industrial uses. The hours of operation will extend later than most adjacent businesses but will be consistent with the other cannabis facilities and the adjacent bar.

5. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.

The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:

That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 7.1647 AMM, which seeks relief from the 500- foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges at 605 East Sunny Dunes Road.

ADOPTED THIS 14
TH DAY OF JULY, 2022.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 3B - 14
Resolution No. ____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 3B - 15
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DENYING AN

ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF

FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS

DISPENSARY (PALM SPRINGS COFFEESHOP, LLC )
PROPOSED AT 605 EAST SUNNY DUNES ROAD (CASE
NO. 7.1647 AMM).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

B. P alm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five-hundred (500) feet.

D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows:

1. The requested minor modification is consistent with the general plan, applicable specific plan(s), and overall objectives of the zoning ordinance.

The General Plan designation of the subject property is MU (Mixed Use). The proposed use is consistent with specific uses intended in mixed- use areas which typically include community-serving commercial and service businesses, including retail and restaurant facilities. The proposed use is also consistent with the zoning code, in that the site is zoned Commercial Manufacturing (C-M), which permits the proposed dispensary/lounge use pursuant to Section 92.15.01. However, Section

93.23.15(C)(1) requires a 500- foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts; consequently, the use is inconsistent with the zoning code.

Item 3B - 16
Resolution No. _______

Page 2 ends

2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.

Businesses in the immediate area consist primarily of light ind ustrial uses, retail uses, and other cannabis dispensaries; a residential neighborhood is located approximately 250 feet to the east of the subject site. The proposed cannabis dispensary will have operating hours (10:00 am to 12:00 am) that extend beyond the hours of most of the adjacent retail and industrial businesses which are closed in the evening but should not pose an impact to those uses. However, the hours of operation may impact adjacent residents due to parking lot noise from patrons leaving the facility during the late evening hours.

3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.

As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as c ontained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and generally should not be detrimental to the health, safety or general welfare of persons working in the surrounding area.

However, a concentration of cannabis -related uses in an area can result in secondary impacts which impact public health and safety; therefore, this finding cannot be met.

4. The approval of the minor modification is justified by environmental features, sit e conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

E. Resolution 24799 provides the following optional five (5) criteria in evaluating cannabis facility distance separation waiver applications stated below:

1. The proposed use will be located in an existing building that is blighted.

The proposed use will not be located in an existing building. The proposed project site is currently undeveloped.

2. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.

Item 3B - 17
Resolution No. _______

Page 3 ends

The proposed project site is currently an undeveloped, infill lot.

3. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.

There are three other cannabis uses within 500 feet of the proposed facility, two of which are located on the same street. The closest cannabis operation, FLWR CO., is located on the abutting parcel to the west ; PSA Organica is located approximately 300 feet to the west on the same street but is not on the same block frontage. The third facility, Ikanik Farms , is located southwest of the proposed facility on East Industrial Place and is not directly visible from the proposed dispensary. Since there are three existing cannabis dispensaries within 500 feet of the proposed project site, a pproval of the proposed use could result in an oversaturation of the same type of cannabis uses, and this finding cannot be met.

4. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours.

5. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.

The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:

That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby denies Case 7.1647 AMM, which seeks relief from the 500-foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges at 605 East Sunny Dunes Road.

Item 3B - 18
Resolution No. _______

Page 4 ends

ADOPTED THIS 14TH DAY OF JULY, 2022.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 3B - 19
Resolution No. _______

Page 5 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item 3B - 20

Attachment 4

Item 3B - 21

PALM SPRINGS

COFFEESHOP
605 East Sunny Dunes, Palm Springs, California

TO: Special Programs Compliance Department: Veronica Goedhart RE: Justification Letter - Administrative Minor Modification FOR: Palm Springs Coffeeshop, LLC
DATE: September 19, 2021

DEAR MS. GOEDHART,

I am writing this letter as principal officer of Palm Springs Coffeeshop, LLC regarding our commercial cannabis license application currently under review. I understand that our existing application will be included in the materials reviewed by the Planning Commission.

Additionally, due to recent changes to the local cannabis regulations under Ordinance 2007, we are required to submit additional information and supplemental documentation in support of our application, which was not contemplated when we initially submitted our application in October of last year.

I would also respectfully request a fee waiver, as we have not received any comments or a resolution on our currently submitted application because the recent changes now place an additional fee requirement of $1,844 USD on our initial application submission of $6,414 USD, which if submitted today would not incur that additional fee. It seems that if one additional amendment to the regulations were applied next week, we would then be responsible for two additional modification fees on top of the initial application submission fee, which seems unfair seeing as nothing has changed in terms of the City's review of our initial application submission. Kindly consider the following project justifications and our sincere requests.

Project Description:

The Coffeeshop will be an elevated adult-use cannabis dispensary and cafe lounge, selling premium cannabis and related products onsite to its local client base and seasonal Palm Springs tourists. The dispensary will be housed in an approximately 1,635 square foot space in a 3,250 square foot building, and will feature a cannabis flower bar, select edibles for purchase, vape cartridges, and other cannabis products, and related merchandise with an open reception area. You may wonder why we chose to call a cannabis cafe "Coffeeshop," and it is a nod to the Amsterdam Coffeeshops, which our project is modeled after. In Amsterdam, a "Coffee Shop" sells coffee, but a "Coffeeshop" sells cannabis products.

The onsite adult-use cafe lounge will be located directly next to the dispensary in an approximately 1,616 square foot space in the 3,250 square foot building (See Exhibit A). The cafe lounge will allow up to twenty-four (24) patrons to consume non-cannabis food and beverages purchased nearby The Coffeeshop. Guests will enjoy CBD and THC infused beverages, and consume cannabis goods purchased from the dispensary as well.

Item 3B - 22
2 We plan to engage the community by inviting local Palm Springs artists to showcase their work in our space in order to create a fun and eclectic meeting area within the Palm Springs community. The primary goal is to benefit the health and wellness of our state-authorized patrons as well as the local Palm Springs community. The Coffeeshop will bring high-quality cannabis products at competitive prices and our overall focus beyond operating an adult-use dispensary and cafe will be uplifting this area through health, financial, educational, environmental, and artistic contributions.

Information:

We are requesting this administrative minor modification because the new changes would prohibit our use due to the restrictions under PSZC §§92.23.15(C)(1-3), which cre ates a five
hundred (500) foot buffer between cannabis dispensary and lounges. There is a dispensary lounge currently under construction on Industrial Place, which is within the five hundred (500) foot buffer, and is the reason for our request that the City Council make an exception in this limited instance.

The special circumstances under which we are requesting this minor modification rests solidly within the parameters set forth under PSZC §§94.06.01(B)(6)(a-e), which allow for minor modifications of an application where:
a. The proposed site has been vacant for a period of two or more consecutive years; b. Approval will not result in an undue concentration of cannabis-related uses within the same block or along the street frontage where the cannabis facility will be located to the detriment of other permitted uses;
c. Applicant has demonstrated experience working at a licensed cannabis facility within the City or other jurisdiction;
d. Any other similar considerations;
e. Other factors as the City Council determines.

Subsection (a) mentions that the site requires a building vacant for two years. Though our site proposal includes a lot that has no existing structure, the dirt lot we plan on improving has been vacant since Palm Springs incorporated in 1938. The vacant lot is a natural blight on the city, and we are willing to enter into a formal development agreement to further beautify the ugliest lot in this blossoming commercial district. Additionally, allowing our project to proceed as planned will generate significant cannabis tax revenue for the City and develop a commercially viable retail use, which is sorely needed presently, and especially with the City standing to lose the Arenas Retail District when the Agua Caliente Tribe Lease terminates in two years.

Subsection (b) requires that approval will not create an undue concentration on the same block or along the street frontage where the facility is located. While there is a dispensary smoking lounge opening within five hundred (500) feet, that location is a horse of a different color. High End will be opening under the Ikänik retail flag with a dispensary and onsite smoking lounge; whereas, we will be opening a dispensary operating within a very contemporary coffee house concept. Patrons will go to High End to chill and smoke cannabis products with friends, while customers will come to The Palm Springs Coffeeshop to enjoy CBD infused beverages with a pastry from Townie Bagel located across the street.

Our concepts do not create an und
ue concentration of this particular use type in the area, and are in fact complimentary in nature.

Further, both dispensary lounges are located on different streets. High End is located at 508- 510 East Industrial Place. The Palm Springs Coffeeshop is located at 605 East Sunny Dunes Item 3B - 23
3 Road and no other dispensary lounge currently occupies this street frontage along East Sunny Dunes. Therefore, approving our project will not run afoul of Subsection (b).

Subsection (c) requires Applicant demonstration of experience compliantly working at a licensed cannabis facility in this or another jurisdiction. Both Palm Springs Coffeeshop partners are seasoned cannabis industry veterans in differing capacities. Both partners have been employed by licensed cannabis companies in Long Beach. Further, neither partner has been found in violation of any local or California state cannabis law or other. Lastly, no business operated by the partners has been cited for public nuisance during the tenure of their employment or since.

Yvette Sam worked as a formulary on varying CBD and THC finished topical infused products with her daughter, Dary at Deus Extracts; Long Beach's first licensed cannabis manufacturer. At Deus Extracts, Yvette developed infused lotions, creams, scrubs, and balms while working there in 2018 and 2019. Yvette is now working on formulating CBD and THC infusions for coffee, tea, and organic juice beverages, which will be featured items at The Palm Springs Coffeeshop.

Michael Freede is something of a retail mogul and restaurateur having run several successful businesses in New York City and Seal Beach, California. He has worked with One Love Dispensary in Long Beach for the past three years. Under his management, One Love has become the most profitable single dispensary location in Long Beach of 32 total Long Beach operations. One Love operates in a small 1000 square foot space and is located in the Bluff Heights area of Long Beach on Broadway, and was recently acquired by MedMen for $13 million. Michael's surgical retail management skill was instrumental in allowing One Love owners to realize these outsized results. Good business translates into solid revenue, which in turn will be well taxed under the Palm Springs cannabis regulations. Consequently, Subsection (c) is satisfied by both Yvette and Michael's cannabis experience.

Subsection (d) leaves room for other considerations the City Council might consider. Palm Springs has recently made a push for new commercial development opportunities in light of its commercial retail drought. This project will increase the Palm Springs commercial footprint by transforming a vacant dirt lot into a tax generating community center.

Moreover, our cannabis license application was submitted prior to the recent changes, and in order to submit it, we have already incurred a significant investment through the cash purchase of the vacant lot upon which we plan to operate. If we are denied approval via the changes while our application is still under review, we sta nd to lose all value based upon years
of careful planning for this project. Ultimately, if optimizing and maximizing this commercial district is good for the Palm Springs City balance sheet and the community, there is no reason the City Council should deny our request for a minor modification under the new regulatory scheme.

Subsection (e) would provide the City Council discretion where necessity dictates that a minor modification should be required. It is our hope that in its sage discretionary review, the City Council approves a minor modification where the rules were changed after an Ap
plicant submitted its application under a former regulatory regime and has proven its value to the Palm Springs community regardless. Ultimately, the City of Palm Springs needs more commercial retail development to occur, and our venture will satisfy that need and increase the City's annual projected tax revenue.

Item 3B - 24
4 Lastly, The Palm Springs Coffeeshop project will not impact adjacent properties on any issues related to:
• Parking impact;
• Odor;
• Community security and safety; or
• Create an undue concentration of similar cannabis retail uses.

Parking - Our retail operation will have fourteen (14) off-street parking spaces available onsite including required handicap access stalls in compliance with ADA standards. Street parking is not currently impacted at all and will not be further impacted by our project because we have plenty of parking onsite, therefore no adjacent properties will be impacted by our retail use.

Odor - Under the current state and local regulations, the building will feature a redundant carbon-filtered HVAC airflow system. Essentially, it is even more stringent than a clean lab system used for bioscience research facilities. The system cleans the air on the interior through a carbon filtered air scrubbing system and also carbon filters the air coming from the exterior to the interior, as well as the air moving from the interior to the exterior. This advanced air system keeps all air quality inside and outside our structure in perfect balance and eliminates all odor that might be emitted from our commercial cannabis activity within the building.

Community Security and Safety - Even our security systems in place will be redundant.

When any employee or customer is onsite at The Coffeeshop, our security professionals will be onsite to maintain the safety of everyone. Additionally, our security system will be maintained in compliance with all state and local requirements. All access points, storage area, offices, parking areas, and adjacent thoroughfares will be well lit and constantly monitored by an offsite third-party security vendor. These are necessary precautions we will take to ensure the security of our employees, patrons and the Palm Springs community at large.

Undue Concentration - As discussed above under Subsection (b), The City Council approval will not create an undue concentration on the same block or along the street frontage where the facility is located because the other dispensary lounge within 500 feet is a completely different smoking lounge concept; whereas, ours will be designed and operated as
a cafe coffee house model, which retail uses would be more complimentary than competitive.

Additionally, both cannabis dispensary lounges lie along completely different thoroughfares.

While High End is located along Industrial Place, The Palm Springs Coffeeshop will be located along Sunny Dunes Road, and neither is located within site of one another.

The minor modification requirements of PSZC §§94.06.01(B)(6)(a-e) provides five (5) separate mechanisms for the City Council to issue a minor modification approval, which means that our ability to satisfy even one of these Subsections (a) through (e) should be sufficient. We have given substantial reasoning under each subsection allowing the City Council to issue our minor modification, and we pray that The City Council finds that our position is fully justified and can make a swift determination in our favor.

Item 3B - 25
5 Findings:
• Cannabis Facilities - Separation Distance: 94.06.01(A)(12) - As discussed above under Subsection (a), our project is not within six hundred (600) feet of a school, public playground, public park, daycare / childcare, or youth center. There is another dispensary lounge within five hundred (500) feet of the location of our dispensary lounge concept; however, our property was zoned properly a the time of purchase in compliance with the former Code, and further, our application was submitted compliantly prior to the new distance rules set forth under this section, and we are now requesting this waiver under the new waiver rules promulgated by Ordinance 2007 under PSZC §§94.06.01(B)(6)(a-e).
• General Plan: 94.06.01(B)(3)(a) - The minor modification must be consistent with the General Plan because nothing in the Palm Springs Zoning Code (the "Code") prohibits us from developing a commercial retail use and operating a dispensary lounge at this location, which is zoned "CM." Only cultivation and manufacturing type 6 and 7 cannabis use types are required to operate in the "Cannabis Overlay Zone" (Green Zone) described in PSZC §92.28.00, so our use is permitted under the General Plan.
• Neighboring Properties: 94.06.01(B)(3)(b) - No neighboring properties will be adversely affected as a result of the approval of this minor modification. As discussed directly above at the bottom of page 3 and top of page 4 of this Letter, parking will not be impacted because we will have sufficient onsite parking; we will maintain any odor emissions in door and outdoor by design-building a redundant carbon filtered HVAC air system; we will maintain redundant onsite and offsite security systems to maintain the security and safety of the patrons and community we serve, and no undue concentration of similar cannabis retail concepts will result or distress our immediate dispensary lounge neighbor, High End. Therefore, no neighboring properties will be adversely affected by the City Council's approval of this minor modification.
• Detriment to Health, Safety or Welfare: 94.06.01(B)(3)(c) - The approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. As discussed above, our proposed dispensary lounge use will not have cannabis onsite until the build out is complete and our security and odor systems will provide a defense against any potential nuisances. Additionally, the project will develop a simple retail use on a flat dirt lot, so nothing by way of our construction creates any threat to the health, safety or welfare of those workers onsite or those residents in the near vicinity. • Environmental, Site, Improvement or Historic Development Justification:

94.06.01(B)(3)(d) - Historically, this commercial district operated as a manufacturing and industrial hub near the main hotel and retail shopping districts along Palm Canyon Drive. Automotive and lumber operations were the main draw; however, in recent years due to the shrinking retail footprint within the City, retailers in search of affordable operating space have been forced to repurpose industrial properties for commercial use.

Presently, you will find a number of antique stores, a hardware store, bagel cafe, a yoga studio, an antique car showroom, a pet store, a cannabis dispensary, a few automotive repair shops, a former strip club turned dispensary lounge under construction, a legacy dispensary operator, a couple of art and furniture boutiques, and our dirt lot.
o Environmental Justification - Our commercial retail use will not negatively impact the environment, because the lot will not be developed for another Item 3B - 26
6 automotive or manufacturing use; it will merely create a pleasant cafe space where the community can purchase and enjoy cannabis and related products. o Site Improvement Justification - Moreover, the site is a vacant dirt lot, which is prime for a new commercial concept, which we plan to design build and will be a massive improvement within this commercial district along East Sunny Dunes.
o Historic Justification - Finally, cannabis retail has been present within this area with the establishment of PS Organica under the former medical cannabis regime. This legacy dispensary has operated along Sunny Dunes in this formerly industrial area for over a decade, and our cannabis retail use will not disrupt the historic progression of this district into the eclectic cultural borough it has become. In fact, our project will bring further aesthetic, commercial, and artistic contributions to the neighborhood.

Additional Considerations - Separation Waivers For Cannabis Facilities • Vacancy: 94.06.01(B)(6)(a) - As discussed above under Subsection (a), this vacant lot is an undeveloped dirt lot and has been since the City incorporated in 1938, therefore, the Planning Commission should find in our favor under this Section. • No Undue Concentration: 94.06.01(B)(6)(b) - As discussed above under Subsection (b), there is no undue concentration of a similar commercial cannabis use because the other dispensary lounge is a completely different retail concept and our concept, The Palm Springs Coffeeshop dispensary cafe exists along East Sunny Dunes Road, whereas, High End dispensary and smoking lounge exists along East Industrial Place.
• Compliant Cannabis Experience: 94.06.01(B)(6)(c) - As discussed above under Subsection (c), both owners have years of expertise in the employ of compliant, licensed cannabis operations in Long Beach, California. • Other Considerations: 94.06.01(B)(6)(d) - As discussed above under Subsection (d), our retail development project will necessarily increase Palm Springs' commercial footprint and develop a blighted dirt lot within this emerging commercial district.

Additionally, Ordinance 2007 was put into effect after the vacant land we intend on dev
eloping was purchased with cash, and our initial license application was submitted to the Department of Special Program Compliance. Until the rules changed in January, both the property and our application were in absolute compliance with the previous regulatory scheme and the Planning Commission should approve our request in this limited instance.
• City Council Discretion: 94.06.01(B)(6)(e) - As discussed above in Subsection (e), in its sage discretion, the City Council should find in our favor because we are beautifying this up and coming commercial district, and are consequently increasing the City's annual tax revenue for use on other City infrastructure projects. Further, the Covid19 pandemic has upended the lives of many citizens and all but decimated the retail and hospitality industries locally and nationwide. Curiously, the cannabis industry has thrived this past year due mostly to the fact that people have been forced to work from home with no respite from constant contact with immediate family members. Cannabis as medicine has helped our communities cope with the pandemic and get through the worst of it. Allowing the Palm Springs Coffeeshop to operate will create precious well-paying jobs for community members and produce sorely needed tax revenue to fund priority municipal projects.

Item 3B - 27
7 Should you have any questions feel free to contact me directly and I will respond accordingly.

Have a wonderful week and thank you kindly for considering this request.

Sincerely,

Yvette Sam

Phone: (949) 302 3125
Email: [email protected]
Item 3B - 28

Attachment 5

Item 3B - 29
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? F Yes F No

5. Type of Entity
F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________

CA

Palm Springs Coffeeshop LLC

Michael Freede

Yvette Sam

605 East Sunny Dunes Road, Palm Springs, CA 92264

Item 3B - 30
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Page Ϯ of 2
(Revised 05/16/19)

7. Owners/Investors with a 5% beneficial intere st in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

Yvette Sam
50
50 Michael Freede
Item 3B - 31
~, ~.~
I ~ "~""'MOO,

Attachment 6

Item 3B - 32

PROPOSED SITE/FLOOR PLAN
G.N.

BATHRM
105

BREAKROOM
104
OFFICE
103

SECURED

STORAGE
102
LOUNGE
110

SECURITY
111

SECURITY
100

DISPENSARY
101
G.N.

BATHRM
106
G.N.

BATHRM
107
G.N.

BATHRM
108
OFFICE
109

PROPERTY LINE
1 2
3 4
14 13
12 11
1098765

PROPERTY LINE

PROPERTY LINE
100'-0"
100'-0"
10'-0"
5'-0" 5'-0"

ROOF PLAN
FLOOR PLAN SCALE 31/8"=1'-0"
SCALE 11/8"=1'-0"
SCALE 91/8"=1'-0"
1 P3.01
3 P3.01
7 P3.02
1 P3.02
1 P3.01
3 P3.01
7 P3.02
1 P3.02
3 P3.01
7 P3.02
1 P3.02
1 P3.0144
123
1322 132 132
4 114 1111
141
000000000000
1010100000110110101010101101011
99999999999999999999999
888888888888888
7777777777777777777777777
666666666666666666666666666666666666666
55555555555555

BREAKROOM
104
OFFICE
103

SECURED

STORAGE
102

SECURITY
100
OFFICE
109
0000000
0000000
4 11444 11
222 132 13
1 1000100 00

DISPENSARY
101 LOUNGE
110

SECURITY
111
C-34533
7-2019

RENEWAL
DATE

DANIELLA W

ILSON CARTER
* LICENSED
A
RC
HITECT *

S T ATE O
F C
A
LIFO
RNIA

ROOF PLAN, FLOOR PLAN

AND SITE PLAN
OCTOBER 19, 2021
P1.01PALM SPRINGS COFFEESHOP LLC.
605 E. SUNNY DUNES ROAD
PALM SPRINGS, CA 92264
= ACTIVE CANNABIS AREA

PROPOSED SITE/FLOOR PLAN
G.N.

BATHRM
105

BREAKROOM
104
OFFICE
103

SECURED

STORAGE
102
LOUNGE
110

SECURITY
111

SECURITY
100

DISPENSARY
101
G.N.

BATHRM
106
G.N.

BATHRM
107
G.N.

BATHRM
108
OFFICE
109

PROPERTY LINE
1 2
3 4
14 13
12 11
1098765

PROPERTY LINE

PROPERTY LINE
100'-0"
10'-0"

SEETBACK
5'-0"
SET-
BACK
5'-0"
SET-
BACK

ROOF PLAN
FLOOR PLAN SCALE 31/8"=1'-0"
SCALE 11/8"=1'-0"
SCALE 91/8"=1'-0"
1 P3.01
3 P3.01
7 P3.02
1 P3.02
1 P3.01
3 P3.01
7 P3.02
1 P3.02
3 P3.01
7 P3.02
1 P3.02
1 P3.01
CLASS A FLAT ROOFING ASSEMBLY - TYP.

POP-UP ROOF

OUTLINE OF

BREEZE BLOCK

WALL BELOW

WALKWAY

ROOF CUT-OUTS

OUTLINE OF
BUILDING BELOW - TYP.
100'-0"
29'-0"
48'-0"
18'-6"
44'-6" 55'-6"

EXISTING CURBCUT AND SIDEWALK TO REMAIN - TYP

PAVED PARKING AREA

ACESSIBLE PARKING SPACE
48'-8"5'-0"36'-5 1/2"
18'-6" 5'-6"
9'-0" TYP.
17'-0" TYP.
29'-0"14'-8"5'-0"
14'-0"
41'-4"
10'-0"

SETBACK
100'-0"
B
A
Item 3B - 33
0 EB
f
~
D
-7
0 L_j
0 0
' D D
IT]-
D 0
I
D
-, D D
I
D I
D
--'
D D
0 '
D D D D 1111
E8 e EB
C-34533
7-2019

RENEWAL
DATE

DANIELLA W

ILSON CARTER
* LICENSED
A
RC
HITECT *

S T ATE O
F C
A
LIFO
RNIA

EXTERIOR RENDERINGS
OCTOBER 19, 2021
P2.01VIEW B
VIEW A
PALM SPRINGS COFFEESHOP LLC.
605 E. SUNNY DUNES ROAD
PALM SPRINGS, CA 92264
Item 3B - 34
0 C-34533
7-2019

RENEWAL
DATE

DANIELLA W

ILSON CARTER
* LICENSED
A
RC
HITECT *

S T ATE O
F C
A
LIFO
RNIA

EXTERIOR ELEVATIONS
OCTOBER 19, 2021
P3.01PALM SPRINGS COFFEESHOP LLC.
605 E. SUNNY DUNES ROAD
PALM SPRINGS, CA 92264
PAINTED FASCIA - TYP.

CLERESTORY WINDOW - TYP.

STUCCO FINISH - TYP.

BREEZE BLOCK WALL CLADDING

RECLAIMED WOOD SIDING BEYOND

BREEZE BLOCK WALL

WOOD FRAMED DOORS BEYOND

EXPOSED AGGREGATE WALKWAY
WINDOW - TYP.

WINDOW ASSEMBLY BEHIND BREEZE BLOCK
21'-8"
6'-4" 15'-4"
PAINTED FASCIA - TYP.

STUCCO FINISH - TYP.
21'-8"
6'-4" 15'-4"
Item 3B - 35

EXTERIOR ELEVATION - NORTH
I
'
I'\.
,, - '-- -
.
0 EXTERIOR ELEVATION - SOUTH
C-34533
7-2019

RENEWAL
DATE

DANIELLA W

ILSON CARTER
* LICENSED
A
RC
HITECT *

S T ATE O
F C
A
LIFO
RNIA

EXTERIOR ELEVATIONS
OCTOBER 19, 2021
P3.02
PALM SPRINGS COFEESHOP LLC.
605 E. SUNNY DUNES ROAD
PALM SPRINGS, CA 92264
PAINTED FASCIA - TYP.

STUCCO FINISH - TYP.

BREEZE BLOCK WALL - TYP.

PAINTED FASCIA - TYP.

STUCCO FINISH - TYP.
21'-8"
15'-4"6'-4"
21'-8"
15'-4"6'-4"

RECLAIMED

WOOD SIDING

BREEZE BLOCK

WALL CLADDING

METAL FRAME

DOOR ASSEMBLY
15'-4"
21'-8"
6'-4"
Item 3B - 36
EXTERIOR ELEVATION -WEST SCALE H1,.-i',/4;;,-," ="'-"S-,-1•-=o,~, ------i 7 EXTERIOR ELEVATION - EAST

NOT USED EXTERIOR ELEVATION - EAST
SCALE
1/4" = 1'-0"
SCALE ..... 1 ..... /4,.,.." ===,,,-1 '-~0,~' -< 3
0 EXT-1
La Habra Stucco
Asheville
63152 (29)
Base 100
EXT-1B
Exterior Black paint
for F ascia and Accents
Benjamin Moore
blackjack 2133-20
LND-1
Corten Steel - planter boxes
LND-2
Decorative Ceramic Totems
By Artist Dustin Gimbel
LND-3
Decorative Ceramic Totems
By Artist Dustin Gimbel
FUR-1
Outdoor bench
Reclaimed teak
EXT-2
Reclaimed Teak Wood Siding
Subjct to availability
FLR-1
Exposed Pebble aggregate
Black river stone
FLR-2
Permeable Concrete Pavers for Parking Area
Stepstone Inc
Brick Red, Granada White
EXT-3
Terra Cotta Breeze Block
Celosia by Mutina
C-34533
7-2019

RENEWAL
DATE

DANIELLA W

ILSON CARTER
* LICENSED
A
RC
HITECT *

S T ATE O
F C
A
LIFO
RNIA

ROOF PLAN, FLOOR PLAN

AND SITE PLAN
OCTOBER 19, 2021
P5.01PALM SPRINGS COFFEESHOP LLC.
605 E. SUNNY DUNES ROAD
PALM SPRINGS, CA 92264
Item 3B - 37
- J I I ,
~ ... -~.,.-. :/ d ~.-, ✓"="" ~ :- , I
(I. '. ~'"; •/.J ·(-t ~- '•-.'> ·,- •.• •· ... : ,:j, ... ,...,,~~~. J\ '"·~ •. .J~i-· .. ' .,_,•~ •~l•- .... ~•- ,• I
f ,1_-f r I· t .-• 11
' ! ... :. .. ~, • / ' ~.
··-~,,/,;. Ii
,~.-' '.,
0 CITY COUNCIL STAFF REPORT
07/14/2022 3. C.

City Clerk -

SUBJECT
CVRA WORKING GROUP RECOMMENDATION – REDUCING BARRIERS TO

RUNNING FOR CITY COUNCIL AND WORKING ON CITY COUNCIL
RECOMMENDATION:

Provide direction to staff as appropriate.

Attachments
Item 3C

CITY COUNCIL STAFF REPORT

DATE: JULY 14, 2022 NEW BUSINESS

SUBJECT: CVRA W ORKING GROUP RECOMMENDATION – REDUCING

BARRIERS TO RUNNING FOR CITY COUNCIL AND WORKING ON CITY

COUNCIL

FROM: Justin Clifton, City Manager

SUMMARY:

City Council recently requested Staff agendize a conversation about City Council compensation, consistent with recommendations made to Council by a California Voting Rights Act (CVRA) Community Working Group (Working Group). This staff report reviews recommendations from the Working Group aimed at reducing barriers to running for City Council and working on City Council. This item is also a follow up on tasks outlined in City Council’s 2022/23 Strategic Priorities to address some of the remaining Working Gr oup recommendations.

RECOMMENDATION:

Provide direction to Staff as appropriate.

BACKGROUND:

In 2018, the City Council created a CVRA Working Group. The Working Group was tasked with advising City Council on transitioning to district -based City Council elections and other changes to policies and practices meant to better align with the CVRA. One of the areas the Working Group was tasked was to identify ways to reduce barriers to running for City Council and working on City Council.

The Working Group made several recommendations to reduce barriers including:

• Increase the salary of City Council Members to better reflect workload and enable residents to reduce their reliance on other full-time or part-time work while serving on City Council.
• Provide adequate staffing to alleviate some of the burden on Council M ember’s time. Personal Assistants or shared Legislative Analysts are examples of positions that could reduce the workload of Council Members.

Item 3C - 1
City Council Staff Report
July 14, 2022 -- Page 2
CVRA Working Group Recommendation – Removing Barriers to Running for City Council

• Provide a vehicle stipend/ allowance to help compensate Council Members for wear/ tear and other costs associated with using their own vehicles to travel to places to conduct City business.
• Provide childcare through existing service providers or at City Hall with subsidized rates. This could also provide service to City Staff.

STAFF ANALYSIS:

Some of the Working Group recommendations, such as implementing a vehicle allowance, or increasing staffing, are relatively simple. Others, including changes to City Council compensation and providing childcare, are more complex.

Some important considerations for adjusting City Council compensation include:

• How would such a decision be made – through action of the Council or by ballot measure?
• Would compensation be set to reflect full-time or part-time work? Full-time salaries may be more effective at eliminating compensation as a barrier to participation.

But full-time compensation suggests full-time work, which could present a different barrier for those who may be unwilling to leave careers in order to serve. • How would compensation be set? Compensation could be tied to a fixed formula, such as 50% of the salary for California State Legislators or a tie to area median income. Or compensation could be based on other market comparisons. • Who would set compensation? Relatively simple formulas could likely be administered by S taff. More complex market comparisons could require support through a third party. Participation by a third party could also lend objective credibility to the process of adjusting compensation over time. • What impact will a change in compensation have on how Council Members approach their position? The Palm Springs Charter prescribes a Council/ Manager form of government whereby Council Members are responsible for policy and staff are responsible for implementation. The Working Group Report identifies that this distinction is counterintuitive to many residents. And in fact, the distinction is more blurred in local government than at the state or federal level where there are clearer distinctions between legislative and executive functions. Providing full -time salaries may risk further confusion about roles and responsibilities. • Will the community support added compensation? While many communities have realized low compensation is a barrier to running for City Council, some residents where communities have proposed increasing compensation have responded negatively.
• How is compensation balanced with other tactics to reduce barriers including staffing and childcare?

While Council’s request to agendize this item focused on the matter of City Council compensation, it’s worth noting that the Working Group also recommended consideration Item 3C - 2
City Council Staff Report
July 14, 2022 -- Page 3
CVRA Working Group Recommendation – Removing Barriers to Running for City Council

of providing childcar e as a way to further reduce barriers for residents with childcare responsibilities.

Some important considerations for providing childcare include:

• H ow would services be provided – through existing service providers or through a newly established City program?
• For any City-provided childcare, what space would be provided? City facilities are not only limited but not all are well suited for childcare – especially when it comes to outdoor space.
• What would be the cost to the City and/or participating Council Members or Staff? It is not clear what childcare services would cost and what kind of subsidy would need to be provided to be effective at reducing barriers. • How would programs be scaled? This could be particularly challenging for City-run childcare if City Council Members were the primary target of childcare services as it is unknown how many residents with childcare responsibilities would run and be elected to office.

Included with this staff report is:

1. Attachment A – the CVRA Community Working Group Summary of Recommendations.

2. Attachment B – The CVRA Community Working Group Report.

ALIGNMENT WITH STRATEGIC PLANNING:

This item is consistent with Council’s St rategic Priority under the Good Governance Section. Specifically, this staff report addressed item 4.C – Reduce Barriers to Participation.

FISCAL IMPACT:

The fiscal impact depends on the specific policies and/or programs implemented.

REVIEWED BY:

City Manager: Justin Clifton

ATTACHMENTS:

A. CVRA Community Working Group Summary of Recommendations B. CVRA Community Working Group Report

Item 3C - 3

ATTACHMENT A

Item 3C - 4

CVRA COMMUNITY WORKING GROUP

SUMMARY OF RECOMMENDATIONS
(In the same order as presented in the CVRA Community Working Group Report, with amendments to the recommendations proposed by the Working Group on 02/06/2019) R 1: Fi
ve Districts vs Four District (Completed)
R 2: Even Year Elections (Completed)
R 3: Method of Selecting a Mayor and Mayor Pro Tem (Completed) R 4: District Election Process

1. Evaluate the feasibility of implementing Ranked-Choice Voting.

Update: In February 2019, the Secretary of State announced his plan to decertify legacy voting systems by March 2020. As a result, the Ri verside County Registrar of Voters has worked to upgrade its voting system and the new equipment has the capability of tabulating ranked choice ballots. The City of Palm Desert expressed interest in moving forward with ranked choice voting and has allocated an initial $350,000, although the exact cost of implementation is unknown. As a comparison, the City of Palm Springs spends approximately $100,000 per election. The additional cost is associated with software customizations and special ballot printing, as the City of Palm Desert’s contests cannot appear on the regular ballot.

R 5: Re
moving Barriers to Running for Office

1. Salary Increase for City Council:
a. Half the salary of a member of the California State Legislature ($52,500). b. The median household income for Palm Springs ($46,052). c. The current minimum salary for exempt workers in California ($49,920). d. All salaries should be indexed for inflation, with an additional salary amount for the mayor at least commensurate with the additional $12,304 the Mayor currently receives.

2. New Candidate Forum (Completed)
a. Host a forum in each of the districts on how to run for office at least one month prior to when the nomination period begins.

3. Reduce Nomination Signatures from 120 to 20 signatures.

R 6: Removing Barriers to Serving

1. Increase staffing serving the City Council:
a. Maintain the current shared Executive Assistant.
b. Add a shared legislative analyst.
c. Review the feasibility of adding a contract personal assistant for each Councilmember, if needed, and if this remains a barrier after salaries have been raised.

2. Provide a Car Stipend/Allowance of $500 per month or a per -diem of $25 per day.

3. Reimburse the child care expenses of members of the city council while on city business.

4. Review the feasibility of opening a City an on-site childcare facility for staff and Council use with subsidized rates.

Item 3C - 5
-
CVRA Community Working Group Recommendations Summary Page 2

R 7: Increasing Diversity on Boards and Commissions

1. Survey of Demographic Markers
a. Identify diversity measures including race/ethnicity, gender identity, age, sexual orientation, disability, full -time participation in the work force, and parents with children.
b. Monitor the City’s progress on diversifying the Boards and Commissions on an annual Basis. Assign responsibility for monitoring and reporting to the City Clerk and assign the Human Rights Commission the responsibility of oversight.
c. Direct the City Clerk to file an annual report to the City Council to receive and file.
d. Create a focus group composed of prominent Latino / African American / Asian leaders to aid with diversity outreach under one of the Department Heads and consider hiring a Diversity Coordinator.

2. Additional Recommendations:
a. Develop and implement a recruitment program which increases outreach to the identified diversity measure groups.
b. Develop a Citizen’s Leadership Academy – Overview of City operations, programs, and Boards and Commissions.
c. Standardize the interview process.
d. Develop a new commissioner orientation and training program.

Update: The City Clerk’s Office now meets with all incoming Board and Commission Members to review the Brown Act and Conflicts of Interest and host semi-annual trainings in March/April and October of each year. e. Modify Board and Commission meeting times to the evenings. (Completed) f. Develop an annual recognition program.
g. Consolidate existing Boards and Commissions and increase the responsibilities to remaining Boards and Commissions.
h. Reduce the number of City Council Subcommittees by increasing Council referrals to Boards and Commissions.
i. Establish a Youth Commission.
j. Reserve one seat on each Commission for someone active in the workforce.
k. Create an appointment policy recognizing unique perspectives, skills, and diverse backgrounds.

Update: On January 30, 2020, the City Council adopted an ordinance to allow anyone who resides, works, or goes to school in Palm Springs to be eligible to serve on a Board or Commission, regardless of citizenship status or age.
l. Create a welcoming environment for members with children.

Item 3C - 6
-
-

ATTACHMENT B
Item 3C - 7
Item 3C - 8
ATTACHMENT 1
California Voting Rights Act Community Working Group
Report to City Council
Submitted September 20, 2018
Aftab Dada, Ed Dube, Grace Garner, Dixie Miller,
Stephen Moses, Alexis Ortega, Kathy Weremiuk, Tobias Wolff ATTACHMENT 1
Item 3C - 9
Table of Contents

INTRODUCTION

FIVE DISTRICTS VS FOUR DISTRICTS

THE TRANSITION TO EVEN YEAR ELECTIONS

METHODS OF SELECTING A MAYOR AND MAYOR PRO TEM

RESIDENCY REQUIREMENTS

ASSIGNMENT TO DISTRICTS

DISTRICT ELECTION PROCESS

REMOVING BARRIERS
3 7
14 16
17 17
18 21
RECOMMENDATIONS FOR INCREASING DIVERSITY ON PALM SPRINGS BOARDS AND COMMISSIONS 24 CONCLUSION 26
REFERENCES 27
Item 3C - 10

INTRODUCTION
On March 5, 2018 the City of Palm Springs received a demand letter from Shenkman & Hughes on behalf of the Southwest Voter Registration Education Project.1 The letter alleges that the City is in violation of the California Voting Rights Act (CVRA} by its use of at-large elections and requested the City voluntarily move to a district-based election system or face litigation. The City does not admit that the current voting system is in violation of the CVRA but nonetheless agreed to move forward to a district-based election system in the spirit of the CVRA. An agreement was reached with Shenkman & Hughes to allow for an extension from July 19, 2018, an original time frame of 3 months, to December 31, 2018, an increase to over 5 months, to complete the transition to district elections. On April 19, 2018 the City Council passed a resolution indicating its plan to adopt a district-based election system.2 In the resolution the City resolved to "gather and study demographic data, secure the broadest and deepest community involvement ... and create CVRA-compliant districts that better serve the City as a whole." 3
On May 16, 2018, the City Council adopted a Statement of Principles to guide the process of transitioning to district elections:
• Maximize the goals of the CVRA, including civil rights, equality, and inclusion. • Prioritize the creation of majority/minority districts. • To the extent practical, keep organized neighborhoods intact. • Maintain the principle that the best interest of the City as a whole remains the first responsibility of all elected officials.

Process
• Evaluate our current structure of government and demographics, compare with and learn from other comparable cities and recommend the structure of government that best achieves the goals of the CVRA and the long-term needs of our city. • Encourage and work through communication platforms to obtain participation from as many residents and stakeholders as possible in the process. 1 2018-03-05 Letter - Southwest Voter Registration Education Project 2 Resolution No. 24406
3 Resolution No. 24406, Section 4, p. 3
Item 3C - 11
The CVRA Community Working Group
The CVRA Community Working Group was created at the request of Council to advise the City on the steps the City must take to implement the requirements of the CVRA to eliminate and prevent minority vote dilution, and as a means to gather information from the community and conduct research on district elections. In addition, the working group was broadly tasked by the City Council with conducting research and providing recommendations on the following:
• Evaluate what steps the City must take to implement the requirements of the CVRA to eliminate and prevent minority vote dilution;
• The form of government the City should adopt as it transitions to district elections;
• How to combine the transition to even year elections with the transition to district elections;
• What voting methods would work best with a transition to district elections including; plurality voting, primaries, runoffs, and ranked choice voting as potential options;
• The steps Council should consider implementing to reduce barriers to running for city council and working on city council;
• The steps Council should consider implementing to reduce barriers and increase diversity in our boards and commissions.

As part of the process the Working Group was tasked with providing this report to Council. The Working Group began regular weekly meetings on May 1, 2018. The Working Group held a total of 12 community outreach events, including a meeting in Spanish. All input provided to the Working Group from residents and community stakeholders was taken into consideration in the writing of this report. We conducted extensive research as to best practices adopted by similarly sized cities as they transitioned to district elections and contacted individuals with experience in government to solicit input about barriers to running and serving in elected positions. Specific documents used in preparing the report are listed in the footnotes and reference section at the end of this document. All other documents provided to the Working Group can be found at www.psdistricts.com.

During this process the Working Group found that many residents, ourselves included, were unaware of the vast history of communities of color in Palm Springs. This information is important not only in the context of the CVRA's purpose of addressing ongoing vote dilution and discrimination 4 but also in support of community building. 4 California Voting Rights Act (CVRA) §14025 et. seq.

Item 3C - 12
History
Communities of color - largely Latino, African American, and Filipino, - have lived and worked in Palm Springs since as early as 1910.5 The growth of these communities coincided with the growth of the City as a Hollywood destination. By the 1930s the population had increased dramatically. Communities of color worked mainly in the agricultural, service, and labor industries of the City. Many of the hotels and residents of the time provided housing for their employees. For those that did not, the communities began settling in a tract of land known as Section 14.

Section 14 is a square mile tract of land in the center of the city with borders of Alejo Road, Indian Canyon Drive, Ramon Road, and Sunrise Way. The land, owned by the Agua Caliente tribe, allowed for only short lease terms making it undesirable for wealthier residents.

Communities of color continuously populated the tract; building homes with whatever materials they could, until the 1960s. After World War II, amid rising land value and the proximity to downtown, the City began to "clean-up" Section 14. This process led to mass evictions and the forced removal of the residents. Throughout the 1950s and 60s homes in Section 14 were burned to the ground to further remove residents from the land.6 This systematic removal of communities of color from Section 14 is what led to the creation and settlement in what is now Desert Highlands, Gateway, the Veterans Tract, Demuth Park, Lawrence Crossley, and Golden Sands neighborhoods. The effects of these actions are still felt within the City.

This Report
This report is the product of several months of meetings, conversations with the community, and research conducted by a diverse cross-section of Palm Springs residents. The recommendations comply with the requirements and goals of the CVRA and Council. In this report district maps are discussed only in terms of whether four or five districts meet the goals of the CVRA and Council. The Working Group conducted its work and makes these recommendations independent of the City Council and city staff.

Further Work on Maps
The CVRA Working Group intends to review district maps submitted by the public and the demographer for compliance with the goals of the CVRA and the City Council, including 5 This date is based on available historical records and focuses on non-Native communities. Native Americans were in Palm Springs prior to 1910 and it is likely other groups, specifically Mexicans, were in Palm Springs prior to that date as well.
6 The Desert Sun, October 19, 2017, 'It was beautiful for the white people:' https ://www.desertsun.com/ story/ money/ rea I-estate/2016/09 /2 2/ pa Im-springs-segregation-section- 14/88835270/
Item 3C - 13
providing an in depth discussion of communities of interest and strengths and weaknesses of specific maps after Council's decision on whether four or five districts will be created and at the pleasure of the City Council. We are also available to assist the city with setting up meetings to obtain public input on the maps the city council selects for further consideration again at the pleasure of the City Council.

Item 3C - 14

FIVE DISTRICTS VS FOUR DISTRICTS
The Working Group unanimously concludes that the Palm Springs City Council should establish five electoral districts for councilmembers with the position of Mayor selected by the City Council from among its members, rather than four electoral districts for councilmembers and an at-large Mayor. While there are arguments in favor of both approaches, we conclude that five electoral districts will produce better government, be more consistent with the Palm Springs City Charter, and better advance the goals of the CVRA.

Background Principles
The Mayor of Palm Springs is elected as a member of the City Council and has no power or authority different from that of any other councilmember. As the City Charter explains, "The elective officers of the City shall consist of a city council of five members, one of whom shall be the Mayor" and the Mayor "may make and second motions and shall have a voice and vote in all city council proceedings." In other words, the Mayor is one of five co-equal city council members. The Mayor also has ceremonial duties, though even those are not exclusive. The charter explains: ''The mayor shall be the head of the City for all ceremonial purposes" and "shall serve as the primary, but not exclusive, spokesperson of the City."7 Managerial authority in Palm Springs is held by the City Manager, who is accountable to the City Council as a whole.8 In meetings and discussions with members of the community, we learned that many residents of Palm Springs do not realize this fact about how the city government operates and assume that the position of Mayor involves superior authority. That is understandable - many of us grew up thinking about mayors as executives who have managerial authority. That is how the position works in most large cities. But in Palm Springs, as with the majority of cities9 of our size around California, the Mayor is simply one member of City Council and stands on an equal footing with other council members except for ceremonial duties.

This fact about the Mayor of Palm Springs will not change with the establishment of districts. There is no proposal under consideration to alter or eliminate the position of City Manager or to create a new executive position of mayor with direct managerial authority in the city. No matter which option the City Council chooses when it establishes districts, the Mayor of Palm Springs will still be one of five members of the council with no greater power than other councilmembers.

The Working Group considered two options: a five-district council with a mayor selected from the council, and a four-district council with an at-large elected mayor. We did not consider expanding the size of the Palm Springs City Council beyond five members. A council of more 7 Palm Springs City Charter Article Ill,§§ 301-302.
8 Palm Springs City Charter Article IV§ 400 ("There shall be a city manager who shall be the chief administrative officer of the city .... The city manager shall serve at the pleasure of the city council."). 9 Cities CVRA Summary sheet
Item 3C - 15
than five members would put Palm Springs out of step with almost every other city of our size in California, and the City Attorney advised the Working Group that such a change would require a separate amendment to the City Charter.10 We therefore limited our work to an evaluation of the five-district and four-district options.

Good Government and the City Charter
The Working Group concludes that it is more consistent with the Palm Springs City Charter, and also more conducive to good government and principles of political accountability, to establish five districts and have the council select the mayor from among its members. Our conclusion is based on the following considerations.

Advantages to a Five-District Council with a Mayor Selected by the Council • A five-district council with a mayor selected from the council will preserve the principle that the Mayor of Palm Springs is a co-equal member of the Palm Springs City Council with no greater powers or authority than any other councilmember. A four-district council with an at-large elected mayor, in contrast, would create disparities. Mayors would be likely to claim greater authority in the Council by claiming a superior electoral mandate, since they would be elected by the city at large. The ability to say they are "speaking for the city" to a greater extent than any other member of the Council could invest Mayors with superior influence. As both a formal and a practical matter, this would be a significant departure from the foundational principle in the Charter that the Mayor of Palm Springs is a co-equal member of the council.
• A five-district council with a mayor selected from the council would also help to inform and educate the people of Palm Springs about their government. As noted above, under the current system in which all five members of the Palm Springs City Council are elected at large, there is a lack of awareness among many members of our community concerning the ceremonial nature of the position of Mayor. That situation undermines political accountability. If members of the public believe that the Mayor of Palm Springs is an executive with managerial authority, they are likely to give unearned credit to Mayors for good city management and impose unearned blame on them for managerial problems. Establishing a five-district council with a mayor selected from the council would educate the public about the ceremonial nature of the Mayor of Palm Springs. In contrast, establishing a four-district council with an at-large mayor threatens to exacerbate public confusion, reinforcing the incorrect belief that the Mayor of Palm Springs has powers different from other 10 See Memorandum dated July 17, 2018 from City Attorney Edward Kotkin to California Voting Rights Act Working Group, at 3 ("The City should not move to more districts than five (5), or to a system that included more or less Council members than five (S). Council action including a change in the number of City Council Members would necessitate a Charter amendment.").

Item 3C - 16
councilmembers. Indeed, people in Palm Springs would be right to be confused. Why would the Mayor be elected at large, and why would they be called on to vote separately for a district councilmember and for an at-large mayor, if those two positions have the same authority?
• The principle of co-equal members of city council is also important for the accountability of the Palm Springs City Manager. The City Manager exercises all administrative authority for the city. If problems arise, it is the full Palm Springs City Council that must ensure accountability. In a five-district council with a mayor selected from the council, it will be clear that the City Manager will have to answer equally to all members of the Council. In a four-district council with an at-large elected mayor, in contrast, a City Manager might find safety in a strong relationship with a Mayor who could deflect or shield problems of maladministration by claiming superior authority and a superior mandate. Conversely, a City Manager who fell out of favor with an at-large Mayor might be more vulnerable to retribution. Confusion over the powers of the Mayor could thus impact the management of the city despite the Mayor's lack of actual managerial authority.
• The danger of confusion about the authority of the Mayor also extends to the city's business and commercial dealings. Establishing a five-district council with a mayor selected from the council would help to clarify for anyone having business with the city that the Palm Springs City Council is the authoritative body that makes decisions for Palm Springs, not the Mayor as an individual. Establishing a four-district council with an at-large elected Mayor, in contrast, would create the outward appearance of authority without any of the mechanisms of accountability that go along with executive power. There would be a danger that Mayors could put themselves forward as having the power to speak for the city in business and commercial dealings but then retreat to the claim that they are just one of five votes on council if questions arose about the propriety of those dealings.

Arguments in Favor of a Four-District Council with an At-Large Mayor The Working Group also heard and considered arguments in favor of a four-district system with an at-large elected mayor.
• We heard arguments that it is more democratic to give people the chance to vote for two officials (a councilmember in their district and an at-large mayor) rather than just one - in other words, that having more positions to vote for is by definition more democratic. We find this argument unconvincing. It is a mistake to measure how democratic a system of city government is by counting the number of city council members each citizen votes for. By that reasoning, the move to district elections will make Palm Springs either 60% or 80% less democratic by reducing the number of officials each citizen can elect from five to either two or one. We believe that democratic values depend on the ability of all members of the community to Item 3C - 17
participate equally and fairly in a well-designed system of elected government, not maximizing the number of elected positions that each person can vote for. We have district-based elections in most other legislative components of our government, including both houses of the California legislature and the U.S. House of Representatives. Furthermore, this argument does not consider the impact of at large elections on different communities in Palm Springs. One of the concerns with the current system of at-large elections is that they enable candidates to win office by focusing most of their efforts on the subset of people in Palm Springs who are able to contribute more money, have time to be more politically engaged, and have historically had higher voter turnout. A major goal of moving to district elections is to democratize the election process by making it necessary for candidates to engage a more diverse population within their respective districts. While people will be voting for just one councilmember, candidates will have to reach out to the people more broadly than they have before.
• The Working Group heard arguments that district elections carry a risk of factionalism - that councilmembers elected on a district basis will care primarily about projects and issues that affect their district and will engage in horse trading of favors and votes with other councilmembers. Having an at-large mayor, the argument goes, would ensure one "adult in the room" who would promote the interests of the entire city and help to manage and prevent factionalism. We disagree. The high level of political and civic engagement in Palm Springs gives us confidence that intense factionalism is unlikely. If intense factionalism does occur, we think it just as likely that an at-large mayor would use the appearance of greater authority and a superior mandate to exploit such factionalism to his or her political advantage. Good government requires a sense of public obligation and civic duty.

That will be equally true with either a five-district or a four-district approach. • The Working Group received feedback that there is civic value in giving voting residents of Palm Springs the chance to participate in at least one citywide election.

Some residents said that they thought that kind of electoral exercise would be a unifying experience for the city, giving residents a sense of continued investment in what happens outside their districts and helping to prevent the kind of political silo effect that might result from the switch to district elections. The Working Group takes these ideas seriously and thinks they have merit. But we believe that they are significantly outweighed by the concern for promoting public understanding of how the City Council works, ensuring good government, and maintaining clear lines of political accountability.

Every system of government has tradeoffs. The Working Group views the loss of an opportunity to participate in a citywide election as a real tradeoff. If the City Council accepts our recommendation and moves to a five-district system, we recommend that the Council make it a priority to foster a shared investment in the politics and management of the entire city, both within government and in the public at large. Given the high level of civic and political Item 3C - 18
engagement among some residents of Palm Springs, including the extraordinary level of engagement from members of the community that we have seen in this process, we are confident that it will be possible to avoid political factionalism and preserve a citywide sense of purpose and cooperation in a five-district system.

The California Voting Rights Act
The Working Group concludes that a five-district system with a mayor selected from the council will better advance one of the key goals of the CVRA: to prevent dilution of minority voting blocs and increase opportunities for minorities to elect a representative of their choice. • Based on the first set of proposed maps provided by the Demographer and other maps submitted by members of the community, it is evident that the creation of five districts offers the opportunity to promote the political power of historically disadvantaged minority communities to a substantially greater extent than does the creation of four districts.11 The difference is particularly stark when looking at citizens of voting age. There are five-district options that create at least one and perhaps two districts in which historically disadvantaged minority communities have the potential to exercise significant political power. A five-district approach makes possible the creation of two districts in which historically disadvantaged minority communities are at least half the overall population and one district in which they are at least half the citizens of voting age. A five-district map with that composition would reflect the presence of those communities in the overall population. In a four district system, in contrast, the proposed maps show historically disadvantaged minority communities forming a majority of the overall population in only one district, at most, and their ability to exercise political influence is even more tenuous when considering citizens of voting age. That result would fail to reflect the presence of those communities in Palm Springs fairly.
• The election of the Mayor on an at-large basis would work at cross-purposes with this important goal of the CVRA. In a community that has exhibited racially polarized voting, designating the Mayor to be elected on an at-large basis would perpetuate racially polarized voting for that one position. The Working Group takes no position on whether Palm Springs has in fact exhibited racially polarized voting, but it is clear that making the Mayor an at-large elected position would undermine the CVRA's goal of preventing dilution of minority voting blocs. Indeed, an at-large elected Mayor would risk imposing disproportionate harm on historically disadvantaged minority communities. If, as we think likely, moving to district elections for all other members of the City Council but electing an at-large Mayor would result in the Mayor being able to exercise outsized political influence, then minority communities 11 2018-09-11 Comparison of Four Districts and Five District Maps Item 3C - 19
would suffer a structural disadvantage in electing the official with the greatest political power. This would not merely be a missed opportunity to promote equality but a step backwards for historically disadvantaged minority communities. • The options for giving fair opportunities to historically disadvantaged minority communities in a five-district approach can be accomplished at the same time that other important communities of interest are given full and equal consideration. The maps proposed by the Demographer and submitted by members of the community include options for keeping neighborhoods together, using natural features like major thoroughfares and waterways as boundaries, and having community resources like parks, schools, landmarks, the downtown commercial area, and areas of planned or projected development spread among districts and shared among multiple districts. While there is more work to do in receiving proposed maps and reviewing community input, the Working Group has a high level of confidence that there will be many options available in a five-district approach that promote the CVRA's goal of preventing dilution of minority voting blocs without any significant disadvantage to other important interests or to other residents or groups in Palm Springs.
• A four-district system, however, does create a particular risk under the CVRA. The CVRA defines a four-district system with an at-large elected mayor as an "at-large method of election." 12 Under the CVRA, an at-large method of election "may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or abridgement of the rights of voters who are members of a protected class."13 A four-district council with an at-large elected mayor would therefore have to satisfy this non-dilution requirement of the CVRA. A five-district council with a mayor selected from the council would qualify as a "district-based election" system under the CVRA and would not present that potential problem. 14 It is not the job of the Working Group to draw legal conclusions or to give legal advice to the City of Palm Springs, but we believe it is clear from the language of the CVRA that a four-district option carries legal risk. We are aware of one other city - Rancho Cucamonga - that responded to a CVRA challenge by adopting a system of district elections for city council with an at-large mayor. That approach apparently satisfied the plaintiffs in the CVRA challenge, who agreed to accept it as a settlement of the lawsuit. But that settlement does not serve as binding precedent and presumably does not even insulate Rancho Cucamonga from possible future challenges under the CVRA if a different person decides to raise a challenge. After seeking guidance from the Palm Springs City Attorney, we are aware of no legal 12 See CVRA § 14026(a)-(b) (defining that term to include an election method that combines district-based elections with at-large elections).
13 CVRA § 14027.
14 CVRA § 14026(b).

Item 3C - 20
authority holding that a district system with an at-large mayor is permissible under the CVRA in a city that has allegedly exhibited racially polarized voting. At the very least, a four-district system with an at-large mayor would present legal risks for Palm Springs, whereas a five-district system with a mayor selected by the city council appears to avoid those risks.

For all these reasons, the Working Group recommends that the Palm Springs City Council adopt a five-district council with a mayor selected from the council.

Item 3C - 21

THE TRANSITION TO EVEN YEAR ELECTIONS
The Working Group has been advised by the City Attorney 's Office, that the State of California requires Palm Springs to adopt a plan to consolidate future local elections with even year statewide elections and implement that plan no later than the November 8, 2022 statewide general election. 15 State law also requires while moving to even year elections, no term of office shall be increased or decreased by more than 12 months. 16 This means that Palm Springs must plan to move from odd year local elections to even year local elections at the same time it is planning to move from at-large elections to district elections . The City has several options that are compatible with both the California Voting Rights Act and State Law (see enclosed chart).

After reviewing the various options, the Working Group recommends the following option. Reduce terms by one year, delayed for two election cycles:

Elected Official Term Commencement Term End New Term (-1 Year) Geoff Kors November 2015 November 2019
J.R. Roberts November 2015 November 2019
Robert Moon November 2015 November 2019
Christy Holstege November 2017 November 2021
Lisa Middleton November 2017 November 2021
New Member 1 November 2019 November 2022
New Member 2 November 2019 Novembe r 2022
New Member 3 November 2019 November 2022
New Member 4 November 2021 November 2024
New Member 5 November 2021 November 2024
15 Election s Code Section 14052(b)
16 State Elections Code Section 10403.5(2)(b)
Item 3C - 22
In the opinion of the Working Group, this is the best solution. It has the following advantages:
• It starts the transition to even year elections in 2019 at the same time the City begins the transition to districts.
• It does not require the council to extend their own terms beyond the 4 years they were elected to.
• It gives advance warning to all potential candidates that during the next two election cycles, terms will only be three years instead of four years. • It accomplishes a complete transition to even year elections in 2024. In 2024 new city council terms will revert to the 4-year terms required by the City Charter.

Item 3C - 23

METHODS OF SELECTING A MAYOR AND MAYOR PRO TEM
Provided that the City Council determines to support a five-district electoral system, it is our recommendation that the Mayor be appointed from amongst the City Council. The Working Group has reviewed rules, procedures, and practices of sampled comparable cities and based on best practices, we offer the following recommendations related to the selection of the Mayor and Mayor Pro Tern.

Recommendation
• Rules and Procedures Adopt a policy and procedure related to the appointment of the Mayor and Mayor Pro Tern as a part of the City Council Rules and Procedures. This will allow the City Council maximum flexibility to modify or waive the rules of the selection process when necessary. The Working Group warns that codification of such rules may hinder the City Council in the event that such rules need immediate modification. • Method Appointment The Mayor and Mayor Pro Tern should be nominated and appointed by a majority vote of the City Council. The Committee additionally warns against establishing a formal rotation procedure based on specific criteria. This will ensure that the members whom earned the confidence of the majority of City Council will serve as Mayor and Mayor Pro Tern. Additionally, this will allow members to opt out of serving, and will avoid disputes if an individual is chosen out of rotation. • Length of Term The Mayor and Mayor Pro Tern should serve one-year terms, with the ability to serve up to one additional consecutive term if appointed by the council. At the end of their term(s), both positions should rotate to other members chosen by the council. This will allow most Councilmembers an opportunity to serve in these roles. • Appointment Date The Mayor and Mayor Pro Tern should be appointed at the first meeting in December each year.
• Qualifications for Mayor The Mayor and Mayor Pro Tern should serve at least one-year on Council before assuming the role of Mayor or Mayor Pro Tern. This will allow new city council members to have a full understanding of city council functions before assuming the role of mayor.

Alternatives
• Rotational Policy The City Council could choose to adopt a formal rotation policy aimed at giving each Councilmember an opportunity to serve as Mayor and Mayor Pro Tern, with rotations based on tenure, highest vote getter, or other measures. However, in most instances these policies should allow flexibility for the council to override the rotation when deemed necessary.
• At-Large Mayoral Term If the City Council determines to support a four-district and at large Mayor electoral system, the Working Group recommends that the Council consider a Charter amendment to provide for a two-year term for the Mayor. A two year term will allow voters an opportunity to elect the Mayor at the same time they elect district representatives, further ensuring that all voters have influence in the Mayoral election. The Working Group notes that at least 18 California cities have opted for two-year Mayoral terms. However, there are also difficulties with a two-year term.

Item 3C - 24
The foremost problem with a two-year mayoral election cycle is that it would require candidates to mount both citywide campaigns and substantial fundraising efforts biennially . This would create a substantial barrier to entry for candidates of more limited means.

RESIDENCY REQUIREMENTS
The California Government Code requires that any person who runs from a district reside in that district both at the time they pull papers, and during their entire term. Moving out of the district at any time during an office holders term make them ineligible to hold office .

The City Charter is silent on this issue, and thus the Government Code prevails.

The Working Group recommends no changes to the Charter on this issue as this is settled policy in all California elections .

ASSIGNMENT TO DISTRICTS
In the next election, the three open seats will be district seats. The two remaining council seats will remain at-large until the following election, when they will convert to district seats. Districts will be assigned to the three open seats in the 2019 election and to the remaining two seats in the 2021 election.

Districts may be assigned between the two elections in such a manner that they mirror where incumbents who are up for elect ion in that year reside, if possible and if equitable.

Elected Official Term At larcge/Distr,ict
Christy Holstege November 2017 -2021 At Large Representative Lisa Middleton November 2017 -2021 At Large Representative Distr ict Representative or At Large
New Member 1 November 2019 -2022 Mayor
New Member 2 November 2019 -2022 District Representative New Member 3 November 2019 -2022 Distr ict Representative New Member4 November 2021-2024 Distr ict Representative New Member 5 November 2021-2024 District Representative Item 3C - 25

DISTRICT ELECTION PROCESS
The Working Group reviewed four possible opt ions for future council elections and the process each method follows in an election; primary , runoff , ranked choice, and plurality . This was further narrowed to ranked choice and plurality vote (which is the current system in place).

The Working Group recommends that Council continue with the current plurality vote system as it transitions to districts and also recommends that Council take steps to begin the process of implementing ranked-choice voting . Each option will be set forth below beginning with the Working Group's recommendation.

Both plurality and ranked-choice voting support the goals of the CVRA by addressing minority vote dilution .

Plurality Election
The current election process designates the candidate with the most votes the winner .

The candidate with the most votes only requires a plurality of votes to win. In an election with multiple candidates this means that a candidate can win an election with far less than a majorfty of votes. This is the most popular form of election and the most straightforward ballot .

Maintaining this form will not require any voter education or updating of election systems.

However, any district with more than two candidates may result in a candidate with a small percentage of votes to win.

Ranked Choice Voting
Ranked choice voting allows each voter to cast up to three votes for the candidates in their district. Each vote is categori2ed as first choice, second choice, or third choice on the ballot. After the election results are in, if a candidate has a majority of the votes they win. If not, then the candidate with the fewest votes is dismissed and the second choice vote for the voters who cast a vote for the dismissed candidate are counted . This process continues until one candidate has the majority of the votes.17
This method eliminates the need for a primary or run-off election since that process is a built-in part of ranked choice voting and thus eliminates the additional cost of a run-off or primary election. Ranked-choice voting eliminates the worry that only a small number of voters in each district will determine the election . In ranked-choice, each voter has the option to cast up to three votes, resulting in a winner that has a majority of the vote . Further, it provides voters with an opportunity to choose their preferred candidate without fear that their vote will be wasted. This increases diversity of candidates and voter participation, a.s voters tend to feel they have a greater voice in the process. The ability to vote for multiple candidates also reduces negative campaigning. Candidates are incentivized to appeal to a broader group of voters, while 17 For a visual example of ranked-choice voting, watch the short video here: https://abc7news .com/politics/video heres-how-ranked-choice-vot inq-works/3457115 /
Item 3C - 26
they ultimately want to be a voter's first choice candidate; they also want to be a voter's second choice. Thus, candidates are less likely to participate in mudslinging tactics less they offend voters and lose a possible second or third choice vote.

In California, San Francisco, Oakland, Berkeley, and San Leandro currently use ranked choice voting with great success. As was seen in the San Francisco mayoral race, a diverse group of candidates ran for the open seat and 52%18 of registered voters participated in the election.

The Working Group recommends the City implement a ranked-choice voting system.

The City may implement this system on its own or it can share the cost among several participating Riverside County Charter cities. The other Charter Cities in Riverside County are Cathedral City, Desert Hot Springs, Indio, La Quinta, Indian Wells, Palm Desert, Riverside, and Norco. There may be practical questions of implementation that the City would have to consider, including costs, political consensus for the change, and any coordination with other cities or the county that would be productive. We leave it to the City Council to address those matters.

Ultimately, a ranked-choice voting system provides more opportunities to candidates and voters alike and encourages active participation in elections. The Working Group recommends the City Council follow the steps detailed below to investigate and implement a ranked-choice system.

Primary Election
Primary elections are elections that occur prior to the general election in which the top two candidates of the primary election advance to the general election. This process requires the City to hold an additional election in the spring of the election year. Not only is this an increased cost for the City, it also increases the cost to candidates as it lengthens the electoral time frame. Nominations for City Council would begin in February for a June primary and by 2020 that will shift to a nomination period beginning in December for a March primary. Further, turnout is historically low for primary elections which would result in only a small number of voters determining the top two candidates.

Runoff Election
Runoff elections are elections that occur after a general election between the top two candidates to determine the majority winner. Run-off elections require the election to be held within a certain time-frame (typically 80 to 110 days) after the general election and increase the cost to the candidates and the City in hosting an additional election. 18 San Francisco Department of Elections https://sfelections.sfgov.org/june-5-2018-election-results-summary Item 3C - 27
Recommendation
The Working Group recommends that the City maintain the plurality election process while they simultaneously begin the process of investigating and transitioning to a ranked choice election system. The ranked-choice system supports the goals of the CVRA by allowing for a greater diversity of candidates and empowering voters to participate in the electoral process and thus limiting minority vote dilution. While there is an additional cost to implementing ranked-choice voting, it is largely due to one-time costs of set-up and voter education and substantially less over time than primary or runoff elections. The process for implementing ranked-choice voting could take several years, thus the Working Group recommends that the City begin the process now instead of deferring to a future council.

The Working Group recommends that the City take the following actions:
• Contact other charter cities in Riverside County to determine if there is broader interest in moving to ranked-choice voting together. This would involve working with at least two or more interested charter cities to reduce costs and present a stronger argument to the County Board of Supervisors.
• Determine the process for submitting a request for ranked-choice voting to the County Board of Supervisors.
• Request the County determine the cost of updating the voting system including; software, new machines, voter education, and administrative costs. • Determine the cost of the City obtaining their own voting system that supports ranked- choice voting.
• Determine the cost of a ranked-choice election after the accounting of one-time costs. • Determine timeline of moving to a ranked-choice system. • Submit a request for approval of ranked-choice voting to the County Board of Supervisors or alternatively, purchase a voting system that supports ranked-choice voting for the City.

Item 3C - 28

REMOVING BARRIERS
In recent years Palm Springs has made national headlines for its impressive new social scene, excellent restaurants, charming city life, and most recently, the first all LGBTQ city government in the country. Building off this achievement and the goals of the CVRA, the Working Group recommends the following steps are taken to remove barriers from both running and serving on city council. Removing these barriers will allow for greater participation from diverse communities such as people of color, low-middle income residents, parents with young children, people with disabilities, young people, and others.

Removing Barriers to Running for Office
• Salary Increase Palm Springs is no longer the sleepy Hollywood hideaway of the 1940s.

City Council members now serve full-time roles devoting time during standard work hours and evenings to fulfill their duties to the community. This makes holding an additional full -time or part -time job while on Council difficult. However, the annual salary of Council is a mere $29,196. 19 Once rent/mortgage, utilities, food, gas, and other basic expenses are calculated there is virtually nothing left for one person not to mention a family. This largely limits the pool of candidates to those that are independently wealthy or retired.

In order to encourage more resident participation in elections and a broader array of candidates, the Working Group recommends increasing the salary of the City Council from a stipend to a subsistence level salary. Some options for consideration for council members include, half the salary of a member of the California State Legislature ($52,500)2°, the median household Income for Palm Springs ($46,052), or the current minimum salary for exempt workers in California ($45,760). 21 All salaries should be indexed for inflation, with an additional salary amount for the mayor at least commensurate with the additional $12,304 the Mayor currently receives.

Using the standard lowest tier for exempt managerial employees (which currently requires an exempt employee to be paid at minimum, $45,760 annually) would be appropriate as City Council members already receive a top managerial benefits package.22
19 The Mayor is paid $42,000 due to the addit ional responsibilities of attending events on behalf of the City . 20 http ://www.calhr .ca.gov/cccc/Pages/cccc-salaries.aspx 21 "Exempt " as defined under the California Labor Code. 22 For 2018, exempt employees must earn a fi xed monthly salary that is double the minimum wage. The current minimum wage is $11 per hour x 2 = $880 weekly and $3,813.22 monthly for a total of $45,760 annually . https://www.shrm .org/ resourcesandtools/legal-and -compliance/state -and-local-u pdates/pages/ca lifornia-new minimum-wage-2018 .aspx
Item 3C - 29
• New Candidate Forum The process of running for office can be confusing and time consuming. Information on which paperwork is needed, where to file, and in what time frame is needlessly complex. The Working Group recommends that the City hold a forum in each of the districts on how to run for office at least one month prior to when the nomination period begins. The forum should include a clear list of all required paperwork, a timeline for submission, requirements for financial reporting, and allow for a question and answer session. The City should consider the needs of each district in the creation of the forums and work with members of the community to guide the process. Consideration should be given to such things as time, location, type and manner of advertising, and childcare. The New Candidate Forums are a means of providing the necessary information to each community, instead of large-scale events that can be exclusionary and intimidating.
• Nomination Signatures The Working Group recommends that the required signatures needed to complete the nomination packet be reduced from 120 to 20 signatures. The large number of signatures currently needed to file for office is burdensome and six times the amount required by the majority of California cities. This limits the number of candidates before they even begin. There are many other barriers to running for office that may still prevent a candidate from continuing in the process. We recommend that they are at least allowed a foot in the door.

Removing Barriers to Serving
As discussed, Councilmembers are serving in full-time positions and require appropriate staffing, childcare, and car stipends.
• Staffing The Working Group recommends the City maintain the current executive assistant who is shared among the members and in addition add a personal assistant for each member and a shared legislative analyst to assist with the drafting of ordinances.

The personal assistant for each member will be hired on a contract basis and chosen by the member upon entering office. This person will act as a body double for meetings or events, assist with coordinating events and programming, and further tasks as determined by the member. The cities of Riverside and San Bernardino currently allow city council members to hire personal assistants.

The legislative analyst will conduct policy and legal research as well as draft ordinances as determined by the Council. The analyst will be under the purview of the City Manager and City Attorney but their work will be dictated by the needs of Council.

Item 3C - 30
• Car Stipend/Allowance Councilmembers are expected to attend a great deal of events and meetings. Currently, members are reimbursed for mileage. However, due to the time-consuming nature of compiling mileage forms, many members forgo the reimbursement. The Working Group recommends the City adopt a set stipend or allowance for the wear and tear, gas, mileage, and general costs of maintaining a vehicle. The Working Group suggests an allowance of $500 per month or a per-diem of $25 per day.
• Child Care at City Hall Childcare costs have skyrocketed in the United States in recent years. In Riverside County the average cost for childcare is $8,018 to $12,410 annually, roughly 20 percent of an average family income. Further, in 2016 the Center for American Progress determined the Coachella Valley to be a 'child care desert' due to the need for childcare far exceeding the availability. 23 The Working Group recommends the City open an on-site childcare facility for staff and Council use with subsidized rates. In the alternative, the Working Group recommends that a provision be made to reimburse the day care expenses of members of the city council.

These recommendations make it possible for a broader swath of residents to consider and eventually run for office and ultimately, serve as a Councilmember. The recommendations ensure that the needs and voices of all residents are considered in the City's decisions and empowers residents to build a community that truly is like no place else. 23 The Desert Sun, Looking for a daycare?, September 19, 2018 https:/ /www .d esertsu n .com/ story/life/family /2018/09 /19/ coach el la-va I ley-ch i Id-ca re-desert-lacking providers/1075135002/
Item 3C - 31

RECOMMENDATIONS FOR INCREASING DIVERSITY ON PALM SPRINGS BOARDS

AND COMMISSIONS
In order to truly represent the many interests of the City's residents, membership on the City's Boards and Commissions should reflect the diversity of the population. This will help build an applicant pool that will bring a range of perspectives and experiences needed to govern well.

For this purpose, we should strive to increase diversity on Boards and Commissions to mirror the composition of Palm Springs residents. Therefore, the Working Group recommends the following:

Annual Survey of Demographic Markers
• Identify diversity measures including race/ethnicity, gender identity, age, sexual orientation, disability, full-time participation in the work force, and parents with children.
• Monitor the City's progress on diversifying the Boards and Commissions on an annual Basis. Assign responsibility for monitoring and reporting to the City Clerk and assign the Human Rights Commission the responsibility of oversight. • Direct the City Clerk to file an annual report to the City Council to receive and file.

Additional Recommendations
• Community Outreach Develop and implement a recruitment program which increases outreach to the identified diversity measure groups.
• Citizen's Leadership Academy Establish an annual program to provide residents with a general overview of City operations, programs, and Boards and Commissions. • Interviews Establish uniform interview questionnaires and allow candidates to prepare prior to interviews.
• Orientation and Training Develop an orientation and ongoing training program for Boards and Commissions, possible courses to include:
o Diversity and Inclusion
o Subject-Matter Specific Trainings
o Conflict Management
o Communication and Interpersonal skills
• Evening Meetings Modify Board and Commission meeting times to the evenings to attract working-age candidates.
• Recognition Program Develop and implement an annual recognition program for Board and Commission members, such as outgoing commissioner plaques given at a City Council meeting or a recognition event.
• Consolidation Evaluate existing Boards and Commissions to consolidate overlapping jurisdictions or eliminate boards and commissions which no longer convene. • Council Referrals Refer matters to Boards and Commissions rather than establish additional City Council Ad Hoc Subcommittees.
• Youth Liaison Establish a youth liaison on each Board and Commission.

Item 3C - 32
• Work-Force Representative Reserve one seat on each Board and Commission for someone who is an active participant in the workforce.
• Appointment Policy Create an appointment policy which does not rely solely on traditional measures of success or insider networks, but that recognizes unique perspectives, skills, and diverse backgrounds. In evaluating and appointing members to Boards and Commissions Council should actively work towards reflecting the full breadth and scope of the residents of Palm Springs. Council should endeavor with each new appointment to achieve a cross section of diverse communities in Palm Springs, as well as representation from within the new districts.
• Members with Children Create a welcoming environment for Board and Commission Members with children which includes allowing children at meetings when practicable.

The need for daycare services is not only for members of Council and City staff as previously mentioned but also for members of the public serving the City.

Item 3C - 33

CONCLUSION
With our charge from the Palm Springs City Council, the CVRA Working Group embarked on a process to hear from as many residents as possible, particularly residents from communities that have been historically marginalized and excluded from electoral politics in Palm Springs and institutional methods of outreach and engagement. Through this process, we formed the beginnings of a broad and diverse coalition with specific communities that have contributed deeply to the history and economic success of the City, namely Latino, Filipino, and African-American communities. It is the opinion of the Working Group that this process and engagement must continue.

While the City has supported efforts to hear directly from residents through vehicles like the Neighborhood organizations, this process made it immediately clear that these efforts are not enough to uncover the voices of cultural and ethnic minorities, and others like those from renters, people with disabilities, and people with young children. Furthermore, there are neighborhoods and housing tracts that are not "organized" within the ONE-PS model, and the city must take particular effort to build trust, engage, and hear from residents in those areas.

If the City is to continue its commitment to represent all residents, it will seriously consider installing the recommendations of all sections of this report, including the last two recommendations on removing barriers. However, these recommendations are just the beginning. Indeed, there are many ways to engage and hear from diverse communities and residents outside of removing barriers to run and diversifying Boards and Commissions. We recommend that the City Council take a close look at innovative ways to encourage more political participation and engagement (e.g. campaign finance reform, "democracy vouchers").24
The City has an opportunity to deliver on its tagline, "Like no place else," by placing itself at the forefront of achieving racial equity and committing resources for a senior staff or department to explore and institute best practices in engaging communities of color, starting with the understanding that outreach is not a one-size-fits-all solution; there must be targeted ways to engage diverse communities, and trust is the foundation on which authentic engagement is built. That will take time, energy, resources, and commitment. We encourage the City to live up to this opportunity, and not make the mistakes of the past in failing to recognize the strength and value of a diverse Palm Springs. 24 The Seattle Times, Do Seattle's democracy vouchers work?, October 15, 2017 Item 3C - 34

REFERENCES
A. 2017-10-2017 The Seattle Times, Do Seattle's Democracy Vouchers Work, New Analysis says yes
B. 2017-10-19 The Desert Sun, 'It was beautiful for the white people:' 1960s still cast a shadow of distrust over Palm Springs
C. 2018-03-05 Letter - Southwest Voter Registration Education Project D. 2018-04-10 Historic Site Preservation Board Staff Report on Communities of Color E. 2018-04-19 Resolution No. 24406
F. 2018-07-09 Cities CVRA Summary Sheet and Excel Document G. 2018-07-17 City Attorney Memo to Working Group
H. 2018-09-11 Comparison of Four Districts and Five District Maps I. 2018-09-19 The Desert Sun, Looking for Daycare?
J. Secretary of State Ranked Choice Voting Guidelines
K. Compiled Public Comments on Districting (the most recent comments to be provided by the City Clerk)
L. SB 415 - the California Voter Participation Act

CITY COUNCIL STAFF REPORT
07/14/2022 3. D.

City Clerk -

SUBJECT

APPROPRIATE FUNDS FOR A FACADE IMPROVEMENT/ BUSINESS

ASSISTANCE GRANT PROGRAM FOR COMMERCIAL PROPERTY OWNERS OR

TENANTS THROUGHOUT THE CITY OF PALM SPRINGS AND APPROVE $150,000 TO FUND THE PROGRAM
RECOMMENDATION:

Appropriate funds in the amount of $150,000 to the Facade Improvements Grant Program for Commercial-Retail Businesses throughout the City of Palm Springs.

1. Provide direction to staff on the implementation of a Security Video Camera System and Vandalism Repair Grant program in the additional amount of $50,000.

2. Authorize City Manager or his designee to execute all documents.3.

Attachments
Item 3D

CITY COUNCIL STAFF REPORT

DATE: JULY 14, 2022 NEW BUSINESS

SUBJECT: APPROPRIATE FUNDS FOR A FAÇADE IMPROVEMENT/ BUSINESS

ASSISTANCE GRANT PROGRAM FOR COMMERCIAL PROPERTY

OWNERS OR TENANTS THROUGHOUT THE CITY OF PALM SPRINGS
AND APPROVE $150,000 TO FUND THE PROGRAM

FROM: Justin Clifton, City Manager

BY: Community and Economic Development Department

SUMMARY:

This action would reactivate the Façade Improvements Grant Program and proposes to add Security Video Camera System Grants and Vandalism Repair Grants for businesses throughout the City of Palm Springs. It is recommended that $150,000 be allocated to fund the Façade Improvements / Business Assistance Grant Program, and that the City Council provide direction to Staff on the funding and establishment of Security Video Camera System and Vandalism Repair Grant programs.

RECOMMENDATION:

1. Appropriate funds in the amount of $150,000 to the Façade Improvements Grant Program for Commercial-Retail Businesses throughout the City of Palm Springs.

2. Provide direction to Staff on implementation of a Security Video Camera System and Vandalism Repair Grant program in the additional amount of $50,000.

3. Authorize City Manager or his designee to execute all documents.

BACKGROUND:

Since 2008, the City has periodically offered economic assistance to encourage the improvement and investment in commercial/ retail properties that contribute to the revitalization of the City of Palm Springs.

From 2008 to 2010, the Façade Improvement Program helped over 120 businesses with exterior improvements. During this time, over $370,000 in grants was provided to projects valued at over $590,000. Th e program provided a grant of up to $5,000, with the initial $2,500 granted by the City and any amount above $2,500 , up to maximum of $7,500, offered on a dollar -for-dollar match. This was during a recessionary period where many downtown and uptown storefronts were vacant, and businesses were struggling and needed financial assistance.

Item 3D - 1
City Council Staff Report
July 14, 2022 -- Page 2
Façade Improvements Grant Program

On July 3, 2013, the City Council adopted Resolution 23413 approving the creation of two Special Economic Development Focus Incentive Areas generally located on the major corridors south of Ramon Road and north of Tachevah Drive, along the entryways into the Downtown and Uptown Areas. The Special Focus Incentive Area Program provided several City incentives established for the purpose of stimulating private investment in specific areas of the City. The incentives included were as follows:

• Exterior Improvements Façade Grant Program offering up to a $5,000 match grant
• Interior Remodel Grant offering up to a $25,000 match grant • Major Projects Grant offering up to $250,000 based on a 3:1 ratio for major projects with a minimum $500,000 investment.

The Special Focus Incentive Area Program was approved by City Council on September 4, 2014 with a budget of $1,000,000. On January 7, 2015, City Council approved an additional $300,000 funding of the Program.

The Interior Remodel Grant was granted to eleven (11) applicants with total investment of approximately $1.1 million on interior remodels and a City inv estment of matching funds of approximately $275,000. Under this grant program, the City leveraged projects valued at approximately four (4) times the grant funds.

The Major Projects Grant had four (4) approved applicants of which three (3) projects were funded. The estimated total project investment was $6.7 million with a City investment of matching funds of approximately $650,000. Under this grant program, the City leveraged projects valued at approximately ten (10) times the grant funds provided.

In N ovember 2014, City Council appropriated $250,000 for the Façade Improvement portion of the program and expanded the program to be City -wide (the 2014 Façade Program). The 2014 Façade Program featured a match grant up to $5,000 to assist in the cost of exterior improvements such as paint, awnings, parking lot improvements and landscaping made by a property owner or tenant.

The Exterior Improvements Façade Grant Program had twenty -five (25) approved applicants that completed projects at a total value of approximately $300,000 during Fiscal years 2014 through 2017, with the City funding approximately $100,000 as reimbursements to the businesses.

Most recently in 2018, the City budgeted $250,000 for a Façade Improvement Program open to all Businesses in the City. Over 55 applications were received, of which 25 projects were funded at a maximum grant value of $5,000 per application. The total project investment for the 25 funded applications was in excess of $300,000, of which the City grant contribution was just over $100,000. In the Fiscal Year 20- 21 the program was suspended due to concerns with the impacts of COVID -19 and the program fund balance of approximately $150,000 was removed from the budget.

Item 3D - 2
City Council Staff Report
July 14, 2022 -- Page 3
Façade Improvements Grant Program

It should also be noted that later in Fiscal Year 20- 21 the City allocated $1 million for COVID Business Assistance Grants of $10,000 each, assisting a total of 97 businesses.

STAFF ANALYSIS:

Staff ha s recently been approached by commercial -retail busine ss owners and/or tenants with a request for assistance with securing their property, dealing with vandalism, and reinstatement of the Façade Improvement Grant Program. Specifically, Staff has received requests for:

• Security Video Camera System Grants – Security video camera systems may help businesses by acting as a deterrent to theft and vandalism. Should crimes occur, they can aid law enforcement with investigations.

• Vandalism Repair Grants – Businesses are reporting increased incidents of vandalism. Businesses have informed S taff that increased property insurance claims tend to result in increased property insurance rates. Given this dilemma many storefronts have not been repaired and remain unsightly.

• Reactivation of the Façade Improvement Grant P rogram – The most recent Façade Improvements Grant Program offered by the City provided matching grants up to $5,000 towards investments to “storefront s” throughout the City.

Under that program allowable uses included:

o Exterior Signs (installation of new or repair or replacement of legally installed and mounted signs; including neon or halo lit signs) o Awnings, canopies, or sunshades (installation of new , or repair or replacement of fixed metal or fabric awnings), which could include perpendicular wall-mounted castle banners (without signage) o Painting or exterior surface treatment (stucco, tile, stone, or brick replacement or repair)
o Asphalt paving, replacement or repair of tiles or decorative pavers (not in the public right -of-way); sidewalk or courtyard repaving (not in the public right-of-way)
o Repair or replacement of masonry walls or footings
o Outdoor lighting (installation of new exterior lighting fixtures; repair or replacement of existing exterior lighting fixtures)
o Installation, repair, or replacement of decorative or security fencing o Replacement of plate glass windows; re- glazing of windows or change of window mullions with the approval of architectural application by the City o Installation or replacement of outdoor landscaping and fountains. o Façade must be visible from the public right of way.

At this time , Staff is recommending reactivation of the Façade Improvements Grant Program to include Security Video Camera System Grants and Vandalism Repair Grants.

Item 3D - 3
City Council Staff Report
July 14, 2022 -- Page 4
Façade Improvements Grant Program

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

FISCAL IMPACT:

The recommended amount of $150,000 would be limited to the Façade Improvement Program. Depending on direction provided by City Council, an additional $50,000 may also be allocated for the Security Video Camera System Grants and Vandalism Repair Grants program. Funding for both programs in the amount of $200,000 is available in the Fiscal Year 2023 Economic Development Budget.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

Item 3D - 4

Palm Springs City CouncilJuly 14, 2022

Palm Springs City Council
July 14, 2022