Palm Springs City Council
May 9, 2024

Auditors' Responsibilities for the Audit oft11e Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion.

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
• exercise professional judgment and maintain professional skepticism throughout the audit. • identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, no such opinion is expressed. • evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Supplementary I11formatio11
Our audit was conducted for the purpose of forming opinion on the financial statements that collectively comprise the Fund's basic financial statements. The Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual is presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual is fair!)' stated, in all material respects, in relation to the basic financial statements as a whole.
2 Item 3A - Page 8
To the Honorable Mayor and Members of the City Council
of the City of Palm Springs
Palm Springs, California
Page3
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 30, 2023, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance.

Santa Ana, California
December 30, 2023
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4 Item 3A - Page 10
200 E. Sandpointe Avenue, Suite 600 ~
Santa Ana, Califomia92707 \?.ia
www.pungroup .cpa g

REPORT ON I TERN AL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIAN CE AND

OTHER MATTERS BASED O A AUDIT OF FI ANCIAL ST ATE ME TS PERFORM ED IN

ACCORDA CE WITH GOVERNMENT A UDITING STANDARDS
Independent Auditors ' Report
To the Honorable Mayo r and Member s of the City Council of the City of Palm Spr ings
Palm Springs, California
We have audited , in accordance with the aud iting s tanda rds genera lly accepted in the United States of America a nd the standa rds applicable to finan cial audits conta ined in Government Auditing Standards issue d by the Comptroller General of the United State s, the finan cial statement s of the Measure J Capita l Projects Fund (the "Fund ") of the City of Palm Spring s ( the " City"), and for the year e nded Jun e 30, 2023 , and the related notes to the fina ncial state ments and have issued our repor t thereon dated Dece mber 30, 2023.

Repo rt on Internal Control Over Financial Reporting
In planni ng and perform ing our audit of the finan cial statement s, we cons idered the City's internal contro l over financial reportin g ("internal control ") as a basis for designin g audit procedure s that are app ropriate in the circu msta nces for the purpose of exp ress ing our opinion on the financ ial statement s, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. According ly, we do not expre ss an opinion on the effectiven ess of the City's internal control.

A deficiency in internal control ex ists w hen the design or operation of a contro l d oes not allow manage ment or emp loyees , in the norma l course of perfor ming their ass igned functions, to prevent , or detec t and correc t, misstate ments on a t imely basis. A material weakness is a deficiency , or a combi nation of deficienc ies, in internal control such that there is a reasonab le possibility that a material misstatement of the entity's financial statement s will not be prevented, or detec ted and corrected on a timely basis. A significant deficiency is a deficienc y, or a com bination of deficiencies, in internal contro l that i s less seve re than a material weak ness, yet important enough to merit atte ntion by those charge d with governance.

Our cons iderat ion of internal control was for the limite d purpo se desc ribed in the first paragra ph of this section and was not designed to ident ify all deficiencie s in internal control that might be material weaknesses or significant deficie ncies. Gi ven these limitation s, during our audit we did not identify any defic iencies in internal control that we consider to be material weakn ess. Howeve r, mater ial weaknesses or defic iencies may exist that were not identified.

ORANGE COUNTY • SAN DIEGO • SACRAMENTO • WALNUT CREEK • LAS VEGAS • PHOENIX 000 Item 3A - Page 11
To the Honorable Mayor and Members of the City Council
of the City of Palm Springs
Palm Springs, California

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the financial statements of the Fund of the City are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.

However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Santa Ana, California
December 30, 2023
6 Item 3A - Page 12

FUND FINANCIAL STATEMENTS
. 7
Item 3A - Page 13
Measure J Capital Projects Fund of the City of Palm Springs Balance Sheet
Assets
Cash and investments
June 30, 2023
Due from State of California Department of Tax and Fee Administration Interest receivable
Total assets
Liabilities and Fund Balances
Liabilities:

Accounts payable
Accrued payroll
Total liabilities
Fund Balance:

Assigned
Total fund balance
Total liabilities and fund balance
See accompanying Notes to Financial Statements.
9 $
$
$
$
36,272,918
3,527,055
95,027
39,895,000
821,628
3,047
824,675
39,070,325
39,070,325
39,895,000
Item 3A - Page 14
Measure J Capital Projects Fund of the City of Palm Springs Statement of Revenues, Expenditures, and Change in Fund Balance For the Year Ended June 30, 2023
Revenues:

Taxes
Use of money and property
Total revenues
Expenditures:

Current:

Public works
Capital outlay
Total expenditures

EXCESS OF REVENUES OVER EXPENDITURES
Other financing (uses):

Transfers out
Total other financing (uses)

NET CHANGE IN FUND BALANCE
Fund Balance:

Beginning of year
End of year
See accompanying Notes to Financial Statements.

IO
$ 21,942,491
348,226
22,290,717
607,726
10,218,967
10,826,693
11,464,024
(5,138,500)
(5,138,500)
6,325,524
32,744,801
$ 39,070,325
Item 3A - Page 15

NOTES TO THE FINANCIAL STATEMENTS
II
Item 3A - Page 16
Measure J Capital Projects Fund of the City of Palm Springs Notes to the Financial Statements
For the Year Ended June 30, 2023
Note 1 - Summary of Significant Accounting Policies
Reporti11g E11tity
The Measure J Capital Projects Fund (the "Fund") of the City of Palm Springs, California (''the City") is used to account for the activities of Measure J. Measure J is a local revenue measure passed on November 8, 2011, to maintain local community services and economically revitalize the downtown area. These funds are general purpose revenues that have no restrictions placed upon them. A majority of voters must approve the decision to impose, increase or extend a general tax. Measure J includes a "sunset provision", causing the tax to expire at the end of its twenty-five (25) years.

The Fund is a governmental fund of the City of Palm Springs, California, and the accompanying financial statements are included in the City of Palm Springs, California's basic financial statements.

The accompanying financial statements are for the Measure J Capital Projects Fund only and are not intended to fairly present the financial position of the City of Palm Springs, California or the results of its operations.

Basis of Prese11tation
The accompanying financial statements present only information pertain to the Fund and are not intended to present the financial position, changes in financial position, or cash flows of the City in conformity with accounting principles generally accepted in the United States of America ("U.S. GAAP").

The financial statement presentation follows the recommendations promulgated by the Governmental Accounting Standards Board ("GASB") commonly referred to as U.S. GAAP. GASB is the accepted standard-setting body for establishing governmental accounting and financial reporting standards.

Measureme11t Focus and Basis of Accounting
In the accompanying financial statements, the Fund is presented using the "current financial resources" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheet. The statement of revenues, expenditures, and change in fund balance present increases (revenues) and decrease (expenditures) in net current assets.

The activities of the Fund are recorded in a capital projects fund and accounted for using the modified accrual basis of accounting. Capital projects funds are used to account for the financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. Under the modified accrual basis of accounting, revenues are recognized when they become susceptible to accrual (i.e. both measurable and available). Measurable means that the amount of the transaction can be estimated, or otherwise determined. Available means the funds are collectible within 60 days after year-end. Expenditures are generally recognized when the related liability is incurred.

Cash a11d I11vestme11ts
The Fund's cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average quarter-end cash balances to the total of the pooled cash and investments.
13 Item 3A - Page 17
Measure J Capital Projects Fund of the City of Palm Springs Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2023
Note 1- Summary of Significant Accounting Policies (Continued) Receivables a11d Payables
All receivables are shown net of an allowance for uncollectible.

Classijicatio11 of F1111d Balance
All fund balance in the Fund is assigned.

Assigned - amounts that are constrained by the City's intent to be used for specific purposes, but are neither restricted nor committed. The governing council has authorized the City Manager to assign fund balance. The City Council may also assign fund balance as it does when appropriating fund balance to cover a gap between estimated revenue and appropriations in the subsequent year's appropriated budget. Unlike commitments, assignments generally do not exist temporarily. In other words, an additional action does not normally have to be taken for the removal of the assignment. The authority for assigning fund balance is expressed by the City Manager or the appointed designee based on the City's approved policies.

Budget a11d Budgetary Accou11ti11g
The City Council establishes budgets for capital projects funds, which are budgeted on a project-length basis. The City Council approves budget submitted by the City Manager prior to the beginning of the new fiscal year. Public hearings are conducted prior to its adoption by the City Council. All supplemental appropriations, where required during the period, are also approved by the City Council. Intradepartmental budget transfers are approved by the City Manager. Encumbrances are estimates of costs related to unperformed contracts for goods and services. These commitments are recorded for budgetary control purposes-in governmental funds. Encumbrances are closed out at the end of each fiscal year.

Use of Estimates
The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.

Note 2 - Cash and Investments
The Fund's cash and investments are pooled with the City of Palm Springs in the amount of$36,272,918. Each fund's share of the pooled cash account is separately accounted for, and investment income is allocated to all participating funds based on the relationship of their month-end cash balances to the total of the pooled cash and investments.

Information regarding the authorized types of deposits and investments, the type of risks (i.e. credit, interest rate, custodial, etc.) and other disclosures associated with the Fund's pooled cash and investments is included in the City of Palm Springs' basic financial statements, which are available at 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 or on the City's website.

Note 3 - Commitments and Contingencies
The Fund is subject to litigation arising in the normal course of business. In the opinion of legal counsel there is no pending litigation, which is likely to have a material adverse effect on the financial position of the Fund. 14 Item 3A - Page 18
Measure J Capital Projects Fund of the City of Palm Springs Notes to the Financial Statements (Continued)
For the Year Ended Jnne 30, 2023
Note 4 - Risk Management
The Fund is covered under the City of Palm Springs' insurance policies. Therefore, the limitations and self-insured retentions applicable to the City also apply to the Fund. Additional information on coverage and self-insured retentions can be obtained by contacting the City of Palm Springs.

Note 5 -Transfers
The Fund transferred $3,138,500 to the City's Debt Service Fund to provide funding for debt service payments, $1,000,000 to the City's General Fund for the Plaza Theatre, and $1,000,000 to the City's Capital Projects fund to fund the Police Radios.
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16 Item 3A - Page 20

SUPPLEMENTARY INFORMATION
17 Item 3A - Page 21
Measure J Capital Projects Fund of the City of Palm Springs Statement of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual For the Year Ended June 30, 2023
Variance with
Final Budget
Buds;eted Amounts Positive
Original Final Actual (Negative)
Revenues:

Taxes $ 20,352,400 $ 20,352,400 $ 21,942,491 $ 1,590,091 Use of money and prope~ 348,226 348,226
Total revenues 20,352,400 20,352,400 22,290,717 1,938,317 Expenditures:

Current:

Public works 1,099,735 1,248,825 607,726 641,099
Capital outlay 26,596,150 43,721,050 10,218,967 33,502,083 Total expenditures 27,695,885 44,969,875 10,826,693 34,143,182

EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES (7,343,485) (24,617,475) ll,464,024 36,081,499 Other Financing (Uses):

Transfers out (5,138,500) (5,138,500) (5,138,500)
Total other financing (uses) (5,138,500) (5,138,500) (5,138,500) NET CHANGE IN FUND BALANCE $ (12,481,985) $ (29,755,975) 6,325,524 $ 36,081,499 Fund Balance:

Beginning of year 32,744,801
End of year $ 39,070,325
19 Item 3A - Page 22
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20 ATTACHMENT B

Item 3A - Page 23
Item 3A - Page 24
City of Palm Springs
Palm Springs, California
Single Audit and
Independent Auditors' Reports
For the Year Ended June 30, 2023
THE II PUNGR.OUP
/\CCOUN l ANTS & ADVISORS
Item 3A - Page 25
City of Palm Springs
Single Audit and Independent Auditors' Reports
For the Year Ended June 30, 2023
Table of Contents
Independent Auditors' Reports:

Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Govemment Auditing Standards ............................................................ 1 Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance .............................................................................. 3 Schedule of Expenditures of Federal Awards ............................................................................................................ 7 Notes to the Schedul~ of Expenditures of Federal Awards ........................................................................................ 8 Schedule of Findings and Questioned Costs .............................................................................................................. 9 Item 3A - Page 26
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Item 3A - Page 27
200 E. Sandpointe Avenue, Suite 600
Santa Ana , California 92707
www.pungroup.cpa

REPORT ON INTERNAL CONTROL OVER FINANC IAL REPORTI NG AND ON C OMPLIA NCE AND

OTHER MATIERS BASE DO A A UDITO FFI A C IAL STATEME TS PERFORM ED IN

ACC ORDAN CE WITH GOVERNMEN T AUDITING STANDARDS
Independent Auditor s' Report
To the Honorabl e Mayor and the Membe rs of City Coun cil of the City Palm Spr ings
Palm Springs, Californi a
We have audited , in accor dance with the auditin g s tand ards generally acc epted in the Un ited States of America and the s tanda rds appli cable to financial audi ts contained in Government Auditing Standards issued b y the Comptroller General o f the United States ("Government Auditing Standards" ), the financia l state ments of the governmental activities, the business-type act ivities, each majo r fund , and the aggregate remaining fund informati on of the City of Palm Springs, California (the "City"), as of and for the year ended June 30, 2023, and the related notes to the financial statemen ts, which colle ctive ly compr ise the C ity's basic financ ial statements, and have issued our report thereo n dated December 30, 2023.

Report on Intern al Contro l Over Financia l Reporting
In plannin g and performin g our audit of the financia l statements, we considered the City 's internal contro l over financial reporting ("internal control") as a basis for des ign ing audi t procedure s that are appropriate in the circums tances for the purpose of exp ress ing our opi nions on the financial statement s, but not for the purpo se of express ing an opinion on the effectiveness of the C ity's internal contro l. Accordingly , we do not express an opinion on the effec tiveness of the City's internal control.

A deficiency in internal control exist s when the design or operat ion of a control does not allow manage ment or emplo yees, in the normal course of performing their assigne d functions, to preve nt, or detect and correct , misstate ments on a timely basis. A material weakness is a defici ency , or a combinatio n of deficienc ies, in interna l contro l, s uch that there is a reasonab le possibi lity that a material misstatement of the City 's financial state ments will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a defi ciency, or a combina tion of deficienc ies, in intern al control that is less seve re than a material weakne ss, yet import ant enough to merit attention by those charged with governance .

Our cons ideration of interna l control was for the limited purpose described in the first paragra ph of this sectio n and was not designed to identify all deficiencies in internal contro l that might be materia l weaknesses or significa nt deficienc ies and therefo re, material weaknesses or signi ficant deficiencie s may exist that were not identifi ed. We identified certain defici encies in intern al control , desc ribed in the accompanying schedule of findin gs and que stioned costs as item 2023-00 I that we consider to be material weakne sses.

ORANGE COUNTY • SAN DIEGO • SACRAMENTO • WALNUT CREEK • LAS VEGAS • PHOENIX 000 Item 3A - Page 28
To the Honorable Mayor and Members of City Council
of the City of Palm Springs
Palm Springs, California
Page2
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and questioned costs as item 2023-00 I.

The City's Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City's response to the findings identified in our audit and described in the accompanying schedule of findings and questioned costs. The City's response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Santa Ana, California
December 30, 2023
2 Item 3A - Page 29
200 E. Sandpointe Avenue, Suite 600
Santa Ana, Califomla92707
www.pungroup .cpa
REPORT ON COMPLIA NCE FOR EAC H MAJOR FED ERAL PROGR AM; REPORT O INTER AL CO TROL OVER COMPLI ANCE ; AND REPORT O THE

CHEDULE OF EXPE DITURES OF FEDERAL AWARD S REQUI RE D BY THE UN IFORM GU IDA CE Independent Auditors' Report
To the Honorable Mayor and the Members of City Council
of the C ity of Palm S prings
Palm Springs, California
Report on Compli ance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of P alm Sprin gs, California's (the " City") c ompliance with the ty pes of co mpliance requirements identified a s s ubje ct to audi t in the 0MB Compliance Supplement that c ou ld have a direct and material effect on each of the City 's major federal program s for the year ended June 30, 2023. The City 's major federal progra ms are identified in the s ummary of the a uditors' res ults section of the acco mpany ing S chedul e of Findi ngs and Ques tioned Costs.

In our opinion, the C ity c omplied, in all material respects, with the compliance requir ement s referred t o abo ve that cou ld have a dir ect and material effec t on each of its major federal prog rams for the year ended June 30, 2023.

Basis for Opinion 0 11 Each Major Federal Program
We condu cted our audit o f compli ance in accordance w ith auditi ng s tandards generally acce pted in the Unit ed States of Ame rica ("GAAS "); the s tand ards app licable to financial audits contained i n Government Auditing Standards, issued b y t he Comptro ller General of the U nited State s ("Govern ment Auditing Standards"), and the a udit req uirem ents of Tit le 2 U.S. Code of Federal Regulations Part 200, Uniform Adminis trative Requiremen ts, Cost Principles, and Audit Requirements for Federal Awards (" Uniform Guidan ce"). Our responsibili ties under those standards and the Uniform Gui dance are furthe r describ ed in the A uditors' Responsibiliti es for the Aud it of Comp liance section of o ur report.

We a re required t o be independent of the City and t o meet our other ethical res ponsibilities, in acco rdance w ith relevant ethical require me nts relating to o ur a udit. We believe that the audit evi dence we have obtain ed is sufficient and appropri ate to pro vide a basis for our opi nion on compl iance for each m ajo r federal prog ram. O ur audit does not provi de a legal determ ination of City's comp liance with the compliance req uirements referre d to above.

Responsibilities of Management for Compli ance
Mana gement is res ponsible for complian ce w ith the requir ements refe rred to above and for the design, imp lementation, and mainte nance of effe ctive interna l control over comp liance with the r equirements of laws, statutes, regulations, rules, and provisio ns of contract s or grant agree ments a pplicab le to City 's federal program s.

ORANGE COUNTY • SAN DIEGO • SACRAMENTO • WALNUT CREEK • LAS VEGAS • PHOENIX OOCD Item 3A - Page 30
To the Honorable Mayor and Members of City Council
of the City of Palm Springs
Palm Springs, California

Auditors' Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
• exercise professional judgment and maintain professional skepticism throughout the audit. • identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City's compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • obtain an understanding of the City's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Other Matters
The results of our auditing procedures disclosed instances of noncompliance which are required to be reported in accordance with the Uniform Guidance and which are described in the accompanying schedule of findings and questioned costs !IS item 2023-002. Our opinion on each major federal program is not modified with respect to these matters.

Government Auditing Standards requires the auditor to perform limited procedures on the City's response to the noncompliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. The City's response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

Report on Internal Control Over Compliance
Our consideration of internal control over compliance was for the limited purpose described in the Auditors' Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified.

However, as discussed below, we did identify certain deficiencies in internal control over compliance that we consider to be material weaknesses.
4 Item 3A - Page 31
To the Honorable Mayor and Members of City Council
of the City of Palm Springs
Palm Springs, California

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiencies in internal control over compliance described in the accompanying schedule of findings and questioned costs as item 2023-002 to be material weaknesses.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

Government Auditing Standards requires the auditor to perform limited procedures on City's response to the internal control over compliance findings identified in our compliance audit described in the accompanying schedule of findings and questioµed costs. City's response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance.

Accordingly, this report is not suitable for any other purpose.

Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. We issued our report thereon dated December 30, 2023, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by Uniform Guidance and is not a required part of the basic financial statements.

Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the Schedule of Expenditure of Federal Awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Santa Ana, California
March 28, 2024, except for the Schedule of Expenditures of Federal Awards, which is as of December 30, 2023 5 Item 3A - Page 32
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6 Item 3A - Page 33
City of Palm Springs
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2023
Federal Grantor/Pass -Through
Grantor/Program Title
U.S. Department of Housing and Urban Development
CDBG - Entitlement Grants Cluster
Direct Programs:

CommWiity Deve!opment Block Grant/Entitlement Grants
Community Development Block Grant/Entitlement Grants
Community Development Block Grant/Entitlement Grants
Community Development Block Grant/Entitlement Grants
Total CDBG- Entitlement Grants Cluster
Assitance
listing
Number

14.218

14.218

14.218

14.218
Grant
Ide ntifi.cation
Number
B-19-MC06-0561
B-20-MC06-0561
B-19-MC06-0561
B-22-MC06-0561
Total U.S. Department of Housing and Urban Development
U.S. Department of Justice
Direct Program·
COVID-19-Coro~virus Emergency Supplemental Funding Program 16.034 2020-VD-BX-1332 Total U.S. Department of Justice
U.S. Department ofTransportation
Airport lmprovem~nt Program:

Direct Programs: 1
Airport Improvement Program
Airport Improvement Program
COVID-19-Airport Improvement Program
COVID-19 - Airport Improvement Program
Airport Improvement Program
Airport Improveflient Program
Airport Improvement Program
Airport Improvement Program
Airport Improvement Program
Total Airport ~mprovement Program
Passed through the California Department of Transportation:

Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Coru.truction (Federal-Aid Highway Program) Highway Planning and Coru.truction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program) Highway Planning and Construction (Federal-Aid Highway Program)

20.106

20.106

20.106

20.106

20.106

20.106

20.106

20.106

20.106

20.205

20.205

20.205

20.205

20.205

20.205

20.205

20.205

20.205

20.205
Total
Highwa~· Planning and Construction (Federal-Aid Highway Program) Highway Safety C~uster:

Passed through <:;alifornia Office of Traffic Safety:

State and Community Highway Safety 20.600
Total Highway Safety Cluster
Passed through C~lifornia Office of Traffic Safety:

Minimwn Penalties for Repeat Offenders for Driving While Intoxicated 20.608 3-06-0181-056-2019
3-06-0181-058-2020
3-06-0181-060-2021
3-06-0181-061-2021
3-06-0181-064-2022
3-06-0181-065-2022
3-06-0181-066-2022
3-06-0181-067-2023
3-06-0181-058-2020
BR-NBIL(513)
BRLS-5282(042)
HSlPL-5282(046)
HSIPLN-5282(047)
BRLO-5282(017)
BHLS-5282(041)
HSIP-5282(049)
HSIPL-5282(048)
BHLS-5282(040)
BR-NBIL(502)
PT22052
PT22052
$
Federal
Expenditures
146,057
46,327
4,378
127366
324,128
324,128
3,021
3,021
89,581
736,732
10,791,632
3,377,513
300,200
77,383
55,274
530,437
55,446
16,014 198
170,398
16,014
2,181,681
74,169
754,672
106,925
21,054
392,032
156,652
11,254
3,884851
500
500
12,636
Total Minimum Penalties for Repeat Offenders for Driving While Intoxicated 12,636 Total U.S. Department ofTransportation 19912,185
See accompanying Notes to the Schedule of Expenditures of Federal Awards. 7 Total Expenditures of Federal Awards _$_-'2"'0"',23=9,a,3;;34aaa Item 3A - Page 34
City of Palm Springs
Notes to the Schedule of Expenditures of Federal Awards For the Year Ended June 30, 2023
Note 1- Reporting Entity
The financial reporting entity, as defined by the Governmental Accounting Standards Board ("GASB") Codification, consists of the primary government, which is the City of Palm Springs, California (the "City"), organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the City's financial statements to be misleading or incomplete.

Note 2 - Summary of Significant Accounting Policies
Basis of Acc01111ti11g
Funds received under the various grant programs have been recorded within the General Fund, special revenue funds and enterprise fund of the City. The City utilizes the modified accrual basis of accounting for the General Fund and special revenue funds and the accrual basis of accounting for the enterprise funds. The accompanying Schedule of Expenditures of Federal Awards (the "Schedule") is presented in accordance with the requirements of Title 2 U.S.

Code of Federal Regulatio11s ("CFR '') Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the "Uniform Guidance"). Therefore, some amounts presented in the Schedule may differ from amounts presented in, or used in, the preparation of City's basic financial statements.

Schedule of Expe11ditures of Federal Awards
The accompanying Schedule presents the activity of all federal financial assistance programs of the City. Federal financial assistance received directly from federal agencies, as well as federal financial assistance passed through the State of California Department of Transportation and the State of California Department of Traffic Safety. The Schedule was prepared from only the accounts of various grant programs and, therefore, does not present the financial position or results ofoperations of the City.

Indirect Cost Rate
The City did not elect to use the 10% de minimis cost rate. 8 Item 3A - Page 35
City of Palm Springs
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2023
Section I- Summary of Auditor's Results
Financial Statements
Types of report the auditors issued on whether the financial statements audited were prepared in accordance with GAAP:

Internal control over financial reporting:
• Material weakness(es) identified?
• Significant deficiency(ies) identified?
Noncompliance material to financial statements noted?
Federal Awards
Internal control over major federal programs:
• Material weakness(es) identified?
• Significant deficiency(ies) identified?
Type of auditors' report issued on compliance for major federal programs:

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)?
Identification of major federal programs:
\ssistance Listing~Numbers Name of Federal Program or Cluster

14.218 CDBG-Entitlement Grants Cluster

20.106 Airport Improvement Program
Total Expenditures of All Major Federal Programs
Total Expenditures ofFederal Awards
Percentage ofTotal Expenditures ofFederal Awards
Dollar threshold used to distinguish between type A and type B programs Auditee qualified as:low-risk auditee in accordance with 2 CFR 200.520? 9 Unmodified
2023-001
None Reported
No
2023-002
None Reported
Unmodified
Yes
Ex2:;nditures
$750,000
No
$
$
$
324,128
16,014,198
16,338,326
20,239,334

80.73%
Item 3A - Page 36
City of Palm Springs
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2023
Section II- Financial Statement Findings
A. Current Year Findings - Financial Statement
Finding 2023-001 Internal Control and Compliance over Year-End Closing, Bank Reconciliation, and Investment Reports
Criteria:

Management is responsible for the preparation and fair presentation as well as the accuracy of its financial statements including disclosures in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. As part of satisfying that responsibility, management should ensure complete year-end closing and diligently produce reliable and accurate financial information.

Generally accepted auditing standards defined internal control as a process - affected by the Members of City Council, management, and other personnel - designed to provide reasonable assurance regarding the achievement of objectives in the following categories:
• Reliability of financial reporting
• Effectiveness and efficiency of operations, and
• Compliance with applicable laws and regulations
In essences, accounting policies and procedures would aid the Finance Department in providing training for accounting personnel, communicating and providing a source of reference to approved policies, and maintaining consistency of recording financial transactions.

In accordance with the City's annually adopted investment policy, the monthly investment report shall be submitted to the City Council following the end of each month.

Condition:

Since the commencement of the audit, 44 adjusting journal entries were provided by the City and 16 audit adjustments were proposed,
In addition, during our testing of September 2022 and December 2022 bank reconciliations, we noted that variance exceeds the allowable variance of 1-2% for the general checking account. Moreover, there was no evidence of review of the bank reconciliation for the general checking and general store museum accounts for December 2022.

We also noted that the monthly investment report for the months of August 2022 to June 2023 were not submitted to the City Council as required for monitoring compliance with all Federal, State, and local laws governing the investment of public funds and City's investment policy. 10 Item 3A - Page 37
City of Palm Springs
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2023
Section II - Financial Statement Findings (Continued)
A. Current Year Findings-Financial Statement (Continued) Finding 2023-001 Internal Control and Compliance over Year-End Closing, Bank Reconciliation, and Investment Reports (Continued)
Cause:

The City has experienced staff turnover within the Finance Department that attributes to the non-submission of monthly investment reports and challenges in handling the year end closing process. The City is still being in the process of training the newly hired accountants and temporary employees.

Context and Effect:

The 16 proposed audit adjustments and 44 adjusting journal entries indicated that the year-end closing and reconciliation ofsubledger were not completed before the commencement of the audit. The number of proposed audit adjustments indicates that the City's financial reporting processes require improvement. In addition, without monthly reconciliation and review of bank reconciliations, error could go undetected and result in misstatement of the financial statements. Furthermore, the investment reports for months of August 2022 to June 2023 were not submitted to the City Council and resulted in noncompliance with City's adopted investment policy.

Recommendation:

We recommend the City implement policies and procedures to complete year-end closing activities and subledger reconciliations in a timely manner to minimize the need for material correcting entries during audits and implement a formal review process for bank reconciliations to ensure thoroughness and accuracy, thereby mitigating the risk of errors and variances exceeding allowable limits. We further recommend the City enhance its monitoring controls and follow its investment policy to timely submit the monthly investment reports to ensure compliance with the City's investment policy.

Views of Responsible Officials:

The City's Finance Department experienced heavy turnover in the fall/winter of 2023. Typically, there is a team of 4 that handles the Accounting for the City, 2 Accountants, an Accounting Manager, and the Asst. Director of Finance. The Finance Director has final oversight and review. The Accounting Manager, I Accountant, and the Finance Director all terminated with the City between November and December of 2022. The Asst. Director of Finance became the Acting Finance Director, which left 1 Accountant to do the work of 4 for almost 7 months.

As of November, 2023 the Accounting team is fully staffed. • Year-End Closing - The City has implemented procedures, such as reconciling all balance sheet accounts, to ensure the amount of adjusting journal entries will be limited. Additionally, we have staff to spread the amount of work to ensure accuracy and completion of audit schedules and related journal entries timely.
• Bank Reconciliations - The City has performed bank reconciliations manually in prior years. Staff is in the process ofreconciling cash within the City's ERP system, Tyler Munis, to more automate the process which will provide greater accuracy and lower unreconciled differences. Currently, there are enough staff to have a separation of duties to ensure the reconciliations are timely reviewed. The review is the responsibility of the Asst. Director of Finance.

II
Item 3A - Page 38
City of Palm Springs
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2023
Section II - Financial Statement Findings (Continued)
A. Current Year Findings - Financial Statement (Continued) Finding 2023-001 Internal Control and Compliance over Year-End Closing, Bank Reconciliation, and Investment Reports (Continued)
Views of Responsible Officials: (Continued)
• Investment Reports (Treasurer's Reports) - A Treasurer's Report hasn't been prepared since July of 2022. City Staff have been working with Chandler Asset Management, the City's Asset Manager, on a more efficient process that meets both the City's Investment Policy requirement and the California Government Code. City Staff began adding Treasurer's Reports on the Council Consent Calendar in February of2024 and will currently have a report for each month and/or quarter going forward.

B. Prior Year Findings - Financial Statement
No prior year findings were reported.
12 Item 3A - Page 39
City of Palm Springs
Schedule of Findings and Questioned Costs (Coutiuued)
For the Year Ended June 30, 2023
Section III - Federal Award Findings and Questioned Costs A. Current Year Findings and Questioned Costs-Major Federal Award Program Audit Finding: 2023-002 Reporting -Internal Control and Compliance over Reporting Identification of the Federal Program:

Assistance Listing Number:

Assistance Listing Title:

Federal Agency:

Pass-Through Entity:

14.218
Community Development Block Grants/Entitlement Grants
U.S. Department of Housing and Urban Development
NIA
Federal Award Identification Number: B-19-MC06-0561, B-20-MC06-0561, B-22-MC06-0561 Assistance Listing Number:

Assistance Listing Title:

Federal Agency:

Pass-Through Entity:

20.106
Airport Improvement Program
U.S. Department of Transportation
NIA
Federal Award Identification Number: 3-06-0181-060-2021, 3-06-0181-061-2021, 3-06-0181-062-202 l, 3-06-0181-063-2022
Criteria or Specific Requirement (Including Statutory, Regulatory, or Other Citation):

PR29, Cash on Hand Quarterly Reports - PR29 in the Integrated Disbursement and Information System (!DIS) reports the financial status of the grants and cooperative agreement funds and cash transactions using those funds.

These reports are required to be submitted to HUD on a quarterly basis, 30 days after the reporting period end date. The due dates of each quarterly report is noted below:

Reporting Period
(End Date)
September 30, 2022
December 31, 2022
March 31, 2023
June 30, 2023
Grantee Submission
Deadlines
October 30, 2022
January 30, 2023
April 30, 2023
July 30, 2023
SF-425 (0MB No. 0348-0061), Federal Financial Report (FFR) - Recipients use the FFR as a standardized format to report expenditures under federal awards, as well as, when applicable, cash status (Lines 10.a, 1 0.b, and !Oc ). References to this report include its applicability as both an expenditure and a cash status report unless otherwise indicated. Until the grant is completed and closed, this is report is required to be submitted annually, due 90 days after the end of each federal fiscal year in which the grant is open which is December 31. 13 Item 3A - Page 40
City of Palm Springs
Schedule of Findings aud Questioned Costs (Continued)
For the Year Ended June 30, 2023
Section III - Federal Award Findings and Questioned Costs (Continued) A. Current Year Findings and Questioned Costs -Major Federal Award Program Audit (Continued) Finding: 2023-002 Reporting - Internal Control and Compliance over Reporting (Continued) Condition:

During the audit, we noticed that three out of four quarters of PR29 for CDBG and one out of four quarters of PR29 for CDBG-CV were not filed within the deadline and noted below:

Reporting Period Grantee Submission
PR29 Report (End Date) Deadlines
CDBG September 30, 2022 October 30, 2022
CDBG December 31, 2022 January 30, 2023
CDBG March 31, 2023 April 30, 2023
CDBG-CV Sep !ember 30, 2022 October 30, 2022
Additionally, we noticed that the following SF-45 were not filed timely:

Reporting Period Gmntec Submission
Grant Number (End Date) Deadline
3-06-0181-060-2021 September 30, 2022 December 31, 2022 3-06-0181-061-2021 September 30, 2022 December 31, 2022 3-06-0181-062-2021 September 30, 2022 December 3 I, 2022 3-06-0181-063-2021 September 30, 2022 December 31, 2022 Cause:

Filed Date
November 3, 2023
July 27, 2023
July 24, 2023
November 3, 2022
Filed Date
June 27, 2023
June 27, 2023
June 27, 2023
June 27, 2023
The City does not have policies and procedures to ensure that the City understands the requirements of the grants.

There was a miscommunication between the City Staff and the Consultant, resulting in the delay of the reports submission of the CDBG and CDBG-CV. Furthermore, the City was unaware that the submission ofSF-425 was necessary until the grant was completed and closed, irrespective of whether grant funds were utilized or not.

Effect or Potential Effect:

The City was not in compliance with the programs' reporting requirements.

Questioned Costs:

None noted.

Context:

See condition above for the context of the finding.

Identification as a Repeat Finding, If Applicable:
2022-001.
14 Item 3A - Page 41
City of Palm Springs
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2023
Section III- Federal Award Findings and Questioned Costs (Continued) A. Current Year Findings and Questioned Costs -Major Federal Award Program Audit (Continued) Finding: 2023-002 Reporting - Internal Control and Compliance over Reporting (Continued) Recommendation:

We recommended the City improve its communication and monitoring controls to ensure all required reports are prepared and submitted timely. Furthermore, we recommend the City to review and update internal policies and procedures to ensure awareness of federal grant reporting requirements and ensure timely compliance with reporting obligations throughout the grant lifecycle.

Views of Responsible Officials:

Management concurs with the finding.
15 Item 3A - Page 42
City of Palm Springs
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2023
Section III - Federal Award Findings and Questioned Costs (Continued} B. Prior Year Findings and Questioned Costs -Major Federal Award Program Audit Finding: 2022-001 Reporting - Internal Control and Compliance over Reporting Identification of the Federal Program:

Assistance Listing Number:

Assistance Listing Title:

Federal Agency:

20.106
Airport Improvement Program
U.S. Department of Transportation
Federal Award Identification Number: 3-06-0181-056-2019, 3-06-0181-057-2019, 3-06-0181-058-2020 Condition:

During the audit, we noticed that the City did not prepare the forms FAA 5100-126 and FAA 5100-127. We further noticed that the City did not submit the forms SF-425 and SF-271 within the required timeframe. • SF-425 was submitted after the required due date or internally mandated due date • SF-271 was submitted 41 days after the reporting period During the audit, we noted the following reports were not filed timely:
# Grant# Report Quarter Ended Due Date Date Submitted
1 3-06-0181-056-2019 SF-425 12/31/2021 1/30/2022 2/7/2022 2 3-06-0181-056-2019 SF-425 3/31/2022 4/30/2022 5/2/2022 3 3-06-0181-056-2019 SF-425 6/30/2022 7/30/2022 8/10/2022 4 3-06-0181-057-2019 SF-425 12/31/2021 1/30/2022 2n12022 5 3-06-0181-057-2019 SF-425 3/31/2022 4/30/2022 5/2/2022 6 3-06-0181-058-2020 ·sF-425 12/31/2021 1/30/2022 2n12022 7 3-06-0181-058-2020 SF-425 3/31/2022 4/30/2022 5/2/2022 8 3-06-0181-058-2020 SF-425 6/30/2022 7/30/2022 9/1/2022 9 3-06-0181-056-2019 SF-271 6/30/2022 NIA* 8/10/2022
• Due date is after 30 days based on the reportmg penod.

Recommendation:

We recommended the City develop policies and procedures to monitor timeliness of report filing. We also recommend the City creates a new mapping schedule based on new general ledger accounts in order to prepare the required Forms 5100-126 and 5100-127.

Status:

Not implemented. See finding 2023-002.
16 CITY COUNCIL STAFF REPORT

DATE: MAY 9, 2024 BUSINESS & LEGISLATIVE

SUBJECT: APPROVAL OF THE AIRPORT MASTER PLAN AIRSIDE AND LANDSIDE

CONCEPTUAL DEVELOPMENT PLAN FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve the Airport Master Plan airside and landside conceptual development plan for the Palm Springs International Airport (Airport).

RECOMMENDATION:

Approve the Airport Master Plan airside and landside conceptual development plan for the Palm Springs International Airport including the associated terminal plan and onsite Consolidated Rental Car Facility (CONRAC).

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

On July 28, 2022, the City Council approved the Airport Master Plan scope of work and directed staff to proceed with the issuance of a Request for Qualifications and Proposal.

On January 26, 2023, the City Council approved Contract Services Agreement No. A9391 with Mead & Hunt, Inc. (Mead & Hunt) for professional consulting services for a comprehensive Airport Master Plan.

In April 2023, an Airport Master Plan W orking Group was created with the following working group members:

• Chairman Aftab Dada, Airport Commission
• Vice Chairman Kevin Corcoran, Airport Commission
• Commissioner Scott Miller, Airport Commission *
Item 3B - Page 1
City Council Staff Report
May 9, 2024-- Page 2
Approval of Airport Master Plan Airside and Landside Conceptual Development Plan

• Ken Hedrick, Former Airport Commissioner
• Harry Barrett, Jr., Airport Executive Director
• Jeremy Keating, Assistant Airport Director
• Daniel Meier, Deputy Director of Aviation, Marketing and Air Service • Victoria Carpenter, Airport Administration Manager
• Lindsey-Paige McCloy, Director of Sustainability
• Larry Klingaman, Director of IT
• Joel Montalvo, City Engineer
* Upon Airport Commissioner Scott Miller’s resignation, Airport Commissioner Kevin Wiseman filled the vacancy.

Mead & Hunt and the Airport Master Plan Working Group have held four meetings over the course of 12 months to review materials and discuss the Airport Master Plan recommendations and concepts.

On September 19, 2023, a public open house Airport Master Plan event was held at the Palm Springs Convention Center , to present four terminal concept alternatives to the community and to gather the community’s feedback. Approximately 160 members of the community attended the open house event and the feedback received from the community did not indicate a strong preference for any one terminal concept alternative.

However, a significant number of public comments expressed appreciation for the alternatives preserving and maintaining the iconic Wexler terminal building.

On January 25, 2024, the City Council approved Airport Master Plan terminal concept 1A with the direction to staff to bring back an alternative site evaluation for the Consolidated Rental Car Facility (CONRAC), a description of the ground transportation and access to the airport terminal and facilities, and land acquisition recommendations to accommodate the Airport Master Plan facilities, if necessary.

On March 20, 2024, the Airport Commission received a presentation from Mead & Hunt regarding the Airport Master Plan airside and landside conceptual development plan and voted unanimously (12-0) in favor to recommend to the City Council the approval of the Airport Master Plan airside and landside conceptual development plan.

On April 17, 2024, the Airport Commission received a presentation from Mead & Hunt regarding the Airport Master Plan airside and landside conceptual development plan and voted unanimously (13-0) in favor to recommend to the City Council the approval of the onsite CONRAC located east of El Cielo Road and north of East Tahquitz Canyon Way (Site 1).

On April 18, 2024, the Airport staff presented the CONRAC alternatives to the current Airport car rental companies listed below, and the rental car companies were unanimously Item 3B - Page 2
City Council Staff Report
May 9, 2024-- Page 3
Approval of Airport Master Plan Airside and Landside Conceptual Development Plan

in favor of the onsite CONRAC located east of El Cielo Road and north of East Tahquitz Canyon Way (Site 1).

• Alamo Rent A Car and National Car Rental
• Avis Budget Car Rental
• Dollar Rent A Car and Thrifty Car Rental
• Enterprise Rent A Car
• Hertz Rental Car

STAFF ANALYSIS:

Mead & Hunt prepared an alternatives analysis of airside and landside developable areas of the Airport. The airside areas of an airport are the areas that support aircraft activities which include s runways, taxiways, aprons, and ramps, and the landside areas of an airport are the areas that are utilized for all activities ex cept aircraft movement which includes terminal facilities, vehicle access roads, and parking. For the airside developable areas, Mead & Hunt’s recommendation is to maintain the primary runway and plan for a long-term extension to the east runway or general aviation runway. For the landside developable areas, Mead & Hunt’s primary recommendation is to consider the relocation of one of the two Fixed Base Operators (FBOs) to the east side of the Airport. All recommendations are illustrated in the conceptual development plan (Attachment A).

Per the City Council’s direction, Mead & Hunt also considered offsite CONRAC locations, transportation and connectivity options, and land acquisition recommendations. Mead & Hunt prepared an analysis of the following three potential CONRAC sites : Site 1 - an onsite CONRAC that would be located east of El Cielo Road and north of E ast Tahquitz Canyon Way (Attachment B); Site 2 - an offsite CONRAC that would be located north of Ramon Road and East of El Cielo Road (Attachment C); and Site 3 – an offsite CONRAC that would be located north of East Tachevah Drive and west of North Farrell Drive (Attachment D).

Site 1 (Onsite) – East of El Cielo Road and North of East Tahquitz Canyon Way

Advantages:

• Shuttle service not required. High level of service.
• No additional property acquisition or change to existing zoning. • Minimizes the need for duplicate infrastructure and additional stops for future regional transit connections.
• Greatest potential for off-peak non-car rental facility parking. • No residential land use in direct vicinity.
• Optimal building footprint to accommodate anticipated programming.

Item 3B - Page 3
City Council Staff Report
May 9, 2024-- Page 4
Approval of Airport Master Plan Airside and Landside Conceptual Development Plan

Disadvantages:

• Additional traffic generation adjacent to the terminal. • Fixed site boundaries with limited potential for future expansion outside of Passenger Activity Level (PAL) 4.

Site 2 (Offsite) – North of Ramon Road and East of El Cielo Road

Advantages:

• Some potential for off-peak non-rental car facility parking. • Traffic generation onto roadway with sufficient capacity (E Ramon Road). • Additional land available for future development and expansion outside of PAL4. • Optimal building footprint to accommodate anticipated programming.

Disadvantages:

• Shuttle service required. Average level of service.
• Additional property acquisition, existing structure demolition, and zoning change. • Residential land use conflicts, with no additional setback requirements (medium density residential).
• Need for duplicate infrastructure and additional stops for future regional transit connections.

Site 3 (Offsite)- North of East Tachevah Drive and West of North Farrell Drive

Advantages:

• Additional land available for future development and expansion outside of PAL 4.

Disadvantages:

• Shuttle service required. Poor level of service.
• Sub-optimal building footprint to accommodate anticipated programming (narrow footprint).
• Additional property acquisition and zoning change.
• Residential land use conflicts, with additional setback requirements ( low density residential).
• Need for duplicate infrastructure and additional stops for future regional transit connections.
• Not desirable for off-peak non-rental car facility parking.

Based on t he analysis, the Airport staff is recommending Site 1 (Onsite) as the most optimal location for the CONRAC, and as a result of this recommendation, land Item 3B - Page 4
City Council Staff Report
May 9, 2024-- Page 5
Approval of Airport Master Plan Airside and Landside Conceptual Development Plan

acquisition for the purposes of the CONRAC will not be required. As part of this, Mead & Hunt conducted an analysis of opportunities to improve connectivity and transportation to/from the Airport including options for multimodal connections such as rail, bus transit and bicycle access.

Upon the City Council’s approval of the Airport Master Plan airside and landside conceptual development plan for the Palm Springs International Airport , the Airport staff and Mead & Hunt, Inc. will be holding a public open house Airport Master Plan event on June 4, 2024, at 5:30 p.m. at the Palm Springs Convention Center to present the Airport Master Plan airside and landside conceptual development plan to the public.

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 environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), 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.

The Draft Airport Master Plan, expected to be complete following the June 4 th O pen
House, will be considered a “Project” pursuant to CEQA and will undergo a 12-18 month CEQA analysis as part of the Airport Master Plan scope of work . Following completion of that CEQA document, City Council will be asked to adopt the Airport Master Plan.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Strategic Priority 2 , Community Infrastructure, specifically 2A - Improve City Facilities.

FISCAL IMPACT
:

The City Council is not approving the funding of the project s at this time. A financial implementation analysis (Funding Plan) is currently being conducted to determine the most effective ways to fund each project and the Airport staff will present the recommended funding sources to the City Council for approval.

The financial implementation analysis will maximize Federal Aviation Administration (FAA) Airport Improvement Program (AIP) discretionary funding and competitive discretionary funding, Bipartisan Infrastructure Law – Airport Infrastructure Grant (BIL- AIG) funding, Transportation Security Administration (TSA) funding for security projects or baggage projects. After all the grant funding is allocated, then the plan will identify the use of Passenger Facility Charges (PFC) to fund eligible projects with the potential of new PFC bonds to the maximum of what PFCs will cover. The plan will identify the use of Item 3B - Page 5
City Council Staff Report
May 9, 2024-- Page 6
Approval of Airport Master Plan Airside and Landside Conceptual Development Plan

Customer Facility Charge (CFC) funding for the CONRAC. The Airport cash reserves will be identified in the plan to cover projects that are not AIP, PFC or CFC eligible, such as parking and portions of the terminal. There is the possibility of using bonds, such as the Transportation Infrastructure Finance and Innovation Act ( TIFIA) for a third of project costs for the terminal and CONRAC as well as general obligation bonds to help fund different phases of the project. The plan will identify any other sources of funding and will be presented to City Council at a later date.

REVIEWED BY:

Executive Director: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Conceptual Development Plan
B. Site 1 (Onsite) – East of El Cielo Road and North of East Tahquitz Canyon Way C. Site 2 (Offsite) – North of Ramon Road and East of El Cielo Road D. Site 3 (Offsite) – North of East Tachevah Drive and West of North Farrell Drive

Item 3B - Page 6

ATTACHMENT A

CONCEPTUAL DEVELOPMENT PLAN
Item 3B - Page 7
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ATTACHMENT B
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NORTH OF EAST TAHQUITZ CANYON WAY
Item 3B - Page 9

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ATTACHMENT C
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CITY COUNCIL STAFF REPORT

DATE: MAY 9, 2024 BUSINESS & LEGISLATIVE

SUBJECT: CITY BOARD S AND COMMISSIONS – DISCUSSION AND POSSIBLE

DIRECTION REGARDING ROLES AND DUTIES OF CITY
BOARDS/COMMISSIONS; POSSIBLE CODE OF CONDUCT; SUPPORT
AND GUIDANCE OF BOARDS AND COMMISSIONS; AND P ROCESS

FOR REMOVAL OF BOARD/COMMISSION MEMBERS

FROM: Scott C. Stiles, City Manager

BY: Jeffrey S. Ballinger, City Attorney

SUMMARY:

This agenda item provides the City Council with an opportunity to discuss and provide direction regarding several issues relating to City Boards/Commissions (hereinafter, “Commissions”), including Roles of Commissions; Support and Guidance for Commissions; Code of Conduct for Commissions; and Process for Removal of Commissioners.

RECOMMENDATION:

Discuss and provide direction to City staff and/or City Attorney.

BACKGROUND:

The City currently has fourteen (14) Commissions:

• Palm Springs International Airport Commission
• Parks and Recreation Commission
• VillageFest Board
• Public Arts Commission
• Sustainability Commission
• Planning Commission
• Public Library Board of Trustees
• Human Rights Commission
• Administrative Appeals Board
• Measure “J” Oversight Commission
Item 3C - Page 1
City Council Staff Report
May 9, 2024 -- Page 2
City Boards and Commissions

• Rent Review Commission
• Architectural Review Committee
• Historic Site Preservation Board
• Small Hotel Tourism BID Advisory Board

Some of these Commissions have their roles/duties spelled out by State law. For instance, State law generally spells out the roles/duties of the Planning Commission as well as the City’s Library Board of Trustees 1. However, the vast majority of the City’s Commissions have their roles/duties spelled out by City ordinance. Those ordinances are codified in several Chapters of Title 2 (Administration and Personnel) of City’s Municipal Code. (https://ecode360.com/42989427
) A listing of the various roles/duties of the City’s Commissions, as set forth in the City’s Municipal Code, is attached as Attachment 1.

STAFF ANALYSIS:

Roles of Commissions

Broadly speaking , boards and commissions serve as the eyes and ears of the City Council. Generally, Commissions act in primarily two ways. First, Commissions help the City Council formulate policy. Second, Commissioners then assist in implementing Council policy.

As one noted source has explained (in the context of a Planning Commission):

“The planning commission plays a central role in the planning process in three important ways. First, it acts as an advisory board to the main governing body on all planning and development issues. Second, the commission assures that the general plan is implemented by reviewing development applications on a case- by-case basis. Just as you build a building one brick at a time, you implement a community vision one project at a time. Third, the commission functions as the decision-making body for many proposals. However, any planning commission action can be appealed to the governing body, which can uphold the commission’s decision, overturn it, modify it, or send it back for further study. ” (The Planning Commissioner’s Role, p. 2, League of California Cities, available at
https://www.ca-ilg.org/sites/main/files/file
attachments/resources__PCH_sec1.pdf (emphasis added).)

Thus, Commissions do not set policy. They assist the City Council in making policy. And, they carry out the Council-established policy.

To be sure, some Commissions have authority to make decisions, subject to appeal to

1 “An Act to Provide for the Establishment and Maintenance of Public Libraries within Municipalities,” (Statutes 1901, p.557, as amended)
Item 3C - Page 2
City Council Staff Report
May 9, 2024 -- Page 3
City Boards and Commissions

the City Council or call -up by a Councilmember .2 Other Commissions are pur ely recommending bodies. Other Commissions have a mix of recommending and decision- making authority. For example, the Administrative Appeals Board makes final decisions regarding nuisance abatement orders, code enforcement orders, enforcement of any zoning or land use regulation, animal control orders, and similar matters. On the other hand, the Palm Springs International Airport Commission are made advisory only. (PSMC, 2.16.060 (providing “[t]he international airport commission shall be advisory to the Palm Springs city council and shall have the duty and power to advise the city council on the following matters….”) And, the Planning Commission has the authority to approve certain land use entitlements, such as tentative tract maps and conditional use permits, subject to appeal to the City Council, but is only advisory to the City Council with regard to other entitlements, such as General Plan or zoning ordinance amendments or statutory development agreements.

That said, for those Commissions that do have decision-making authority, those decisions should be made in a way that is consistent with, and carries out, the policies that have been adopted by the City Council. For example, when approving tract maps or conditional use permits, the Planning Commission is statutorily required to make findings that those entitlements are consistent with the City Council’s adopted General Plan and zoning ordinances.

Support and Guidance for Commissions

In 2023, the City Attorney and City staff have developed a Handbook for Commissioners. (Attachment 2.) Starting that year, the City Clerk and City Attorney also began providing the Handbook, along with in-person training to new Commissioners.

Additional support and guidance for Commissioners could be provided through training, either in- house or through organizations such as the League of California Cities or Institute for Local Government. There may also be organizations that provide training that is unique to each Commission and their specialties.

Appropriate staff support is also crucial to Commission success. The City Manager has recently made some adjustments to the City staff liaisons, so that the expertise of the designated staff liaison trues up with the roles/duties of each Commission.

Finally, because Commissions are meant to assist the Council in formulating policy and carrying those policies out, it is important for the Commissions to have a good understanding of the City Council’s current policies as well as the Council’s policy goals.

As such, an effective mechanism for sharing with each Commission the Council’s current policies, as well as future policy goals, is important. This can be done through City Council liaisons, City staff liaisons, and/or regular meetings among City Counc il and Commissions.

2 PSMC, §§ 2.06.030 and 94.10.00.

Item 3C - Page 3
City Council Staff Report
May 9, 2024 -- Page 4
City Boards and Commissions

Code of Conduct for Commissions

In January of 2019, the City Council adopted a Code of Conduct. ( Attachment 3. ) However, that Code of Conduct, by its terms, is applicable only to “elected” City officials.

Since Commissioners are appointed, this Code of Conduct does not apply to City Commissioners.

The City Council could decide to adopt a Code of Conduct for Commissioners, in order to supplement the roles/duties that are spelled out in the Municipal Code. As can be seen from the attached, most of the provisions of the Code of Conduct could be applicable to the City’s Commissions. Of course, some may not be as applicable as others.

Process for Removal of Commissioners

The City’s Municipal Code provides,

“Any [Commission] member may be removed from office at any time, with or without cause, by a majority vote of the members of the city council. If a member is absent without advance permission of the board or commission or of the member's appointing authority, from three consecutive regular meetings or from twenty-five percent of the duly scheduled meetings of the board or commission within any fiscal year, the chair of the board or commission shall file a certification with the City Clerk that such absences have occurred, and the member's office shall thereupon automatically become vacant and shall be filled as any other vacancy. ” (PSMC, §

2.16.010(f) (emphasis added).)

A Commissioner is also automatically suspended from service, if that Commissioner fails to file any State or locally required disclosure form. (PSMC, § 2.06.040.)

PSMC, § 2.06.040 Failure to file disclosure reports.

“Any member of a Board or Commission failing to file any public disclosure report required by State law or City ordinance by the established deadline shall have his/her service automatically suspended on the date that is five calendar days following a written certification by the city clerk that three written (including electronic communication) notifications have been provided to such Board or Commission member. A member's service shall be immediately reinstated upon the filing of the public disclosure report.”

Other than the process stated for a Commissioner’s suspension, above, there does not appear to be any process spelled out in the City’s Municipal Code or other policies for removing Commissioners.

The following is a summary of other Coachella Valley City codes , with regard to Item 3C - Page 4
City Council Staff Report
May 9, 2024 -- Page 5
City Boards and Commissions

Commissioner removal:

• Palm Desert has nearly identical language, authorizing removal of Commissioners with or without cause, but not containing any specific procedures . Notably, Palm Desert also includes “failure to comply with mandatory training requirements” as a basis for suspending Commissioners. This fills a gap that is left by State law, AB 1234, which does not expressly carry with it any “consequences” for failure to obtain training. (PDMC, § 2.34.100 (E).)

• Cathedral City has similar language, providing for removal of Commissioners, with or without cause. Cathedral City’s Municipal Code provides that if a Commissioner is absent from three (3) consecutive meetings or 25% of their meetings within a year, the m atter will be brought before the Council for consideration. (CCMC, §

2.06.010(B).)

• Rancho Mirage’s Municipal Code provides that the City Council may remove any member from the Planning Commission (apparently, the City’s only Commission) from office at any time during his/her tenure. (RMMC, § 2.28.050.) The Code does not specify whether “cause” is required or not.

• Indian Wells’ Municipal Code, like Rancho Mirage’s, provides that the City Council may remove a Planning Commissioner, by three affirmative votes of the City Council. (IWMC, § 2.12.030(c).) The Code further provides that, if a Commissioner is absent without Commission permission for 95 consecutive days, the Commissioner’s seat is deemed vacated.

• Desert Hot Springs’ Municipal Code provides that a Commissioner may be removed, with or without cause, by either: (1) the Councilmember who appointed them, if ratified by a majority of the Council; or (2) the affirmative vote of four (4) Councilmembers. (DHSMC, § 2.24.050(A) & (B).) If a Commissioner fails to attend three (3) consecutive meetings or 25% of the meetings of the Commission in any year, the Commissioner’s office is deemed vacant.(DHSMC, § 2.24.050(C).) The City’s Code also provides that if a Commissioner fails to maintain his/her status as a resident and registered voter of the City, his/her office will become vacant. (DHSMC, § 2.24.050(D).)

• La Quinta’s Municipal Code provides that a Commissioner may be removed from office with or without cause, by a majority of the City Council. (LQMC, §

2.06.090(A).) The Code goes on to state that a Commissioner who is absent from two (2) consecutive regular meetings or three (3) regular meetings within a year vacates his/her office.

• Coachella’s Municipal Code provides that a Commissioner may be removed with or without cause by a four fifths (4/5) vote of the Council. (DHSMC, § 2.26.070(A).) Item 3C - Page 5
City Council Staff Report
May 9, 2024 -- Page 6
City Boards and Commissions

The Code states that “such removal must be announced at a public meeting of the city council.” (DHSMC, § 2.26.070(A).) The City also has a three consecutive meeting absence provision. Desert Hot Springs’ Code also specifies that Commissioners will be automatically removed from office “for violating the Political Reform Act of 1974 as determined by the appropriate agency… or failing to comply with mandatory ethics training or conflict of interest filings required by the state or the city.” (DHSMC, § 2.26.070(A)(3).)

As can be seen, the Valley’s ordinances are generally similar in their level of detail with regard to the process for removing Commissioners.

In the absence of more specific guidance, the City Attorney believes that an appropriate process, should the Council wish to consider the removal of a commissioner would be as follows:

• If without cause, one or more Councilmembers could request that the subject of a vote on the removal of a Commissioner be brought back to the City Council for consideration. If a majority of the Council agree to the item being agendized, City staff would agendize it at the next available Council meeting.

• If the proposed removal is based on cause, one or more Councilmembers could request that the subject of a vote on the removal of a Commissioner be brought back to the City Council. It is recommended that the Councilmember(s) requesting the item identify what the “cause” is, that would be used to consider the removal.

This would enable the Commissioner to respond to the stated “cause”. Again, if a majority of the Counc il agree to the item being agendized, City staff would agendize it at the next available Council meeting.

The City Clerk was unable to locate any instances where a Commissioner has been removed without cause. The City Clerk did locate at least one example, in 2002, of a Parks and Recreation Commissioner, who was removed based on his missing six (6) of the ten (10) meetings in the previous fiscal year.

Although no recent examples of a Palm Springs Commissioner removal could be found, no shortage of news accounts of Commissioner removals, or councils considering removals, can be found:

• Indio to consider changing how it removes members of various commissions 3 • Desert Hot Springs city council spars over potential removal of planning commissioner
4 3 https://www.desertsun.com/story/news/local/indio/2019/04/17/indio- consider-changing-how-removes-city- commissioners/3498751002/
4 https://www.desertsun.com/story/news/local/desert-hot-springs/2021/09/07/desert-hot-springs-city-council-spars- over-planning-commissioner/5766128001/
Item 3C - Page 6
City Council Staff Report
May 9, 2024 -- Page 7
City Boards and Commissions

• Encinitas council unanimously votes to remove Bruce Ehlers from Planning Commission – Commissioner reportedly supported a court case against the city5

• Cupertino council removes controversial planning commissioner – Commissioner allegedly repeatedly belittled city workers and harassed residents who didn’t agree with him6

• Planning Commissioner Removed For “Misleading” The Council On Application – Allegedly due to a “clerical error” on the Commissioner’s voter registration prior to his appointment7

ENVIRONMENTAL ASSESSMENT
:

This agenda item has no potential for having any environmental impact, and as such, does not require further review pursuant to the California Environmental Quality Act (CEQA).

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Theme/Principle of “Optimizing basic services and facilities” in that it is intended to optimize the services of appointed Commissioners. This agenda item also aligns with the Council’s Major Theme/Principle of “forward thinking governance” by providing for processes and procedures to enhance the City’s Boards and Commissions.

FISCAL IMPACT:

It is not anticipated that any direction provided by the City Council will have a significant fiscal impact on the City.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. R oles/duties of the City’s Commissions.

B. Handbook for Commissioners
C. City Council Code of Conduct

5 https://www.sandiegouniontribune.com/communities/north-county/encinitas/story/2022-04-14/encinitas-council- unanimously-votes-to-remove-bruce-ehlers-from-planning-commission 6 https://localnewsmatters.org/2023/03/09/cupertino-council-removes-controversial-planning-commissioner/ 7 https://www.svvoice.com/planning-commissioner-removed-for-misleading-the-council-on-application/ Item 3C - Page 7

ATTACHMENT A

Item 3C - Page 8

ROLES/DUTIES OF PALM SPRINGS

BOARDS/COMMISSIONS

PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

The international airport commission shall be advisory to the Palm Springs city council and shall have the duty and power to advise the city council on the following matters:
(1) Study and consider long-range plans for ultimate development of Palm Springs international airport, including property acquisition and use, giving due regard to any master plan adopted by the city, and to federal and state regulations;

(2) Develop valley-wide strategy for implementation of full customs facilities at the airport; (3) Keep abreast of major operational programs at the airport; (4) Study and recommend on matters relating to airport improvements, including methods of financing and leasing arrangements;

(5) Review and recommend on special permits and proposals that deviate from the airport’s master plan;

(6) Keep abreast of developments in the aviation industry; study and recommend types of services to be offered at the airport;

(7) Keep respective elected bodies informed of activities at the airport and recommend to those same bodies valley-wide initiatives to assist the airport;

(8) Review, annually, a summary budget of the operation of the airport; (9) Review and assist in the development of airport marketing programs with particular emphasis in the area of air service development;

(10) Review and assist in the development of airport promotional/advertising programs with particular emphasis on getting service area citizenry to fly from Palm Springs; (11) Provide leadership as representatives of various Coachella Valley cities in the development and maintenance of an airport support group;
(12) Provide coordination with agencies or committees dealing with airport issues; (13) Review and recommend on the mix of ground transportation access to the airport; (14) Participate in valley-wide lobbying efforts, state and federal, to assist the airport; and (15) Perform other advisory duties as directed by the city council with all reports first submitted through the office of the city manager.

PARKS AND RECREATION COMMISSION

The commission shall function in an advisory role to the city council, and to the city manager and directors of the community services and promotions department and general operations department as appropriate. To fulfill this role, the commission shall have, among others which hereafter may be delegated by the city council, the following powers and duties:

(1) To make recommendations to the city council on matters relating to the creation or amendment of goals, policies, objectives and work plans in connection with existing or proposed recreational programs and facilities;

Item 3C - Page 9
(2) To make recommendations to the city council regarding park facilities and equipment and the golf course;
(3) To advise the city council on matters relating to trails and open space; (4) To advise as to programs for the use of available municipal resources to satisfy unmet human services needs and the coordination of such programs with activities of other agencies providing human services;

(5) To assist from time to time in the review of the park and recreation elements of the city’s general plan and to monitor the success of the plan’s implementation;

(6) To make recommendations regarding the sanctioning of special events; (7) To receive early information about recreational programs and special events and to be involved whenever desired in order to be able to make recommendations;

(8) To advise the city manager and the directors of the community services and promotions department and general operations department on policy matters affecting these departments associated with these powers and duties.

DISASTER COUNCIL

It shall be the duty of the disaster council, and it is empowered to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman or, in the absence from the city or inability to call such meeting, upon call of the designated replacement as per the order of succession.

VILLAGEFEST BOARD

The board shall serve in an advisory and administrative capacity to the city council as follows:
(1) To review vendor applications and to interview vendor applicants in regard to their possible future participation as vendors in VillageFest;

(2) To interpret and apply the VillageFest rules and regulations, as established and approved by city council, in the review, interview and selection of VillageFest vendors;

(3) To vote on the selection of individual vendor applicants for future inclusion as vendors in VillageFest, based upon applicant eligibility as interpreted from the VillageFest rules and regulations, and to advise the VillageFest manager of the results of vote of the board for each vendor applicant;

(4) To review representative samples, including selling price, of each item intended to be sold, for quality, workmanship, appropriateness and compatibility with VillageFest goals and purposes;

(5) To determine, after adequate notice and a hearing, whether to suspend or revoke a VillageFest participant’s VillageFest permit based on violation of the VillageFest rules and regulations; and

(6) To advise the city council on matters relating to VillageFest, and to assist from time to time in the review of the administration and operation of VillageFest.

Item 3C - Page 10

PUBLIC ARTS COMMISSION

Within the limitations provided by law, the public arts commission shall have the following powers and duties:
(1) Establish a schedule of regular meeting times;
(2) Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection;

(3) Unless otherwise directed by the city council, give approvals or consents required hereunder where actions requiring expenditures from the public arts fund do not exceed twenty- five thousand dollars. Expenditures in excess of twenty-five thousand dollars shall require council approval;

(4) Obtain council approval for all contracts for commission of, and maintenance for, works of art in any amount. Under the direction of the council, the commission will act to see that the terms of any agreements are carried out;

(5) Identify and resolve fundamental issues for successful implementation of the arts program such as, but not limited to: selection process of artworks; handling of public controversy; public involvement; economic impact; on-going maintenance of artwork; removal of public art; relationship of program to other city programs;

(6) Establish a review mechanism for acquisitions by commission, purchase, gift or extended loan;

(7) Approve all art acquired through the public arts fund, either on city or private property, whether on loan, as a gift or purchase;

(8) Designate proposed or eligible public arts locations and sites on either publicly or privately owned property;

(9) Determine the type of artwork or medium desired for a particular site; (10) Encourage collaboration with artist(s), architects and planners in the early design phase of a project to ensure a totally integrated solution where public art is proposed for a new project;

(11) Establish management policies for documentation, registration, maintenance and conservation of all artwork;

(12) Development a public information program;
(13) Provide grants or loans to fund public education concerning art, but funded solely through private donations or endowments, and not from any funds collected pursuant to Section 3.37.070 of this code;

(14) Act in an advisory capacity to the planning commission for review of works of art that are privately funded in private property that can be seen from the public right-of-way.

SUSTAINABILITY COMMISSION

Within the limitations provided by law, the Sustainability Commission shall have the following powers and duties:

(1) Establish a schedule of regular meeting times;
(2) Advise, assist, and make recommendations to the City Council regarding:
(a) Efforts to make City operations more sustainable; (b) Efforts to educate and inform the citizenry of the efforts to make the City more sustainable; Item 3C - Page 11
(c) Progress of the creation, maintenance, and promotion of regular sustainability indicators, and a monitoring and reporting program;
(d) City policies and plans to enhance the sustainability of the City as a whole including, but not limited to, water and energy efficiency, renewable sources, climate change strategies, air quality, waste management and recycling, water resources, building and infrastructure, transportation, and natural resource conservation;

(e) Sustainability project finance options.
(3) Perform such other duties as the City Council may assign or designate.

PLANNING COMMISSION

It shall have the powers, functions and duties prescribed in the Planning and Zoning Law and in the Palm Springs zoning ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 65007 of the planning and zoning law.

PUBLIC LIBRARY

The board of library trustees shall have the powers, duties and authorities now or hereafter from time to time provided for by [“An Act to Provide for the Establishment and Maintenance of Public Libraries within Municipalities,” (Statutes 1901, p.557, as amended)].

HUMAN RIGHTS COMMISSION

Within the limitations provided by law, the human rights commission shall:
(1) Conduct programs designed to bring groups together to close gaps resulting from past discriminatory practices and to address proactively current or ongoing intergroup tensions;

(2) Mediate disagreements among individuals, groups and organizations which result from discriminatory practices within the scope of this chapter;

(3) Process complaints which cannot be resolved through mediation as provided in the procedures which follow;

(4) Render a semiannual written report of its activities to the mayor and council. Such report shall include:

(A) Case histories of conciliation or mediation settlements made under this chapter, the disclosure of which, in the judgment of the commission, will further its objectives,

(B) Recommendations to the mayor and council of additional actions, policies, procedures or legislation deemed by the commission to be necessary to carry out the purposes of this chapter;

(5) Maintain data on practices, activities, hate crimes, and other problems which are the subject of this chapter;

(6) In addition to the other powers and duties set forth in this chapter, the commission shall have the power and duty to:

Item 3C - Page 12
(A) Prepare and disseminate educational and informational material relating to prejudice and discrimination and recommended ways and means of eliminating such prejudice and discrimination,

(B) Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination,

(C) Consult and maintain contact with human relations agencies, other public agencies, and representatives of employers, labor unions, property owners’ associations, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations, and such other private organizations and institutions as the commission shall deem advisable, to further the objectives of this chapter,

(D) Advise and make written recommendations to the mayor, city council and city manager concerning the development and implementation of programs and practices for the purpose of furthering the objectives of this chapter. If necessary, the commission and an agency, board or officer which the commission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the mayor or council. The commission shall not have jurisdiction over matters within the authority of other city boards and commissions, except under specific direction from the city council,

(E) Investigate, and with the assent of the concerned parties, conciliate or mediate all incidents of discrimination within the scope of this chapter to the extent such functions are not within the responsibilities of the California Fair Employment Practices Commission or any federal, county, state, city or other established agency, and make specific and detailed recommendations to the interested parties as to the method of eliminating such discrimination,

(F) Prepare, encourage and coordinate programs based on established laws, regulations, policies or goals to eliminate or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices,

(G) Refer for appropriate action any matters not resolved through conciliation or mediation to the appropriate prosecutorial or regulatory entity pursuant to Section 2.45.040,

(H) Request through the city manager information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter,

(I) Appoint subcommittees of members of the commission as may be required to address specific human relations problems, and/or advisory committees of members drawn from various segments of the Palm Springs population,

(J) Support and participate in activities which bring together various factions and viewpoints on emerging issues in a way that will help the community to resolve the issues which arise with change.

ADMINISTRATIVE APPEALS BOARD

(a) As provided by Section 2.50.020, the board shall hear all appeals in accordance with the procedures contained in Section 2.50.090.
(b) The board is authorized to adopt resolutions and take all actions necessary and proper to carry out the functions of the board pursuant to this section and this chapter.

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(c) The board may request through the city manager information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter.

MEASURE “J” OVERSIGHT COMMISSION

A. To the extent permitted by law, the Measure “J” Oversight Commission shall review all projected revenues and recommended expenditures for the funds generated by Chapter 3.22 of this Code and shall make recommendations to the City Council within time limitations as may be established by the City Council. The Commission shall have the following powers and duties:
(1) Establish a schedule of regular meeting times;
(2) Hold meetings and make recommendations to the City Council regarding:
(a) Programs and projects proposed to be funded in whole or in part by Measure “J” revenues and priorities;
(b) Oversee and monitor expenditures of all Measure “J” funds, after the City Council has approved any program or project with Measure “J” funds;

(c) Review the annual independent audit of revenues received by and expenditures from Measure “J” funds prior to the audit’s presentation to the Council; (d) Review the Director of Finance’s estimate of Measure “J” revenues for each fiscal year prior to Council adoption of the annual General Fund Budget;

(e) Request public hearings with the City Council;
(f) Implement a CDBG or other reasonable application review processes, to review proposed expenditures of Measure “J” revenues and make recommendations to the City Council.

(3) Perform such other duties as the City Council may assign.

B. The actions and recommendations of the Measure “J” Commission shall be reported through appropriate city communication devices and methods provided or maintained by the City Manager for the dissemination of information to the residents of the City.

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ATTACHMENT B

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1 Handbook of
City of Palm Springs
Boards and Commissions

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2 [Table of Contents]

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3 I. How City Government Works

A. City Charter
Palm Springs is a “Charter” City as contrasted to a “General Law” City. Under California law, the authority of a general law City is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter City’s power is not defined or limited by the State’s general laws. Instead, with respect to municipal affairs, a charter City’s powers are defined by the City’s own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the City’s “constitution” and may only be amended by a vote of the people. The City’s Charter may be viewed at palmspringsca.gov.

Palm Springs’ Charter became effective in 1994. Pursuant to Section 400 of the Charter, the City follows a Council-City Manager form of government. The City’s organizational structure is outlined in the chart on page 3.

B. City Council
The City Charter provides for an elected, five-member City Council as the governing body of the City. There is one Council Member elected from each of the five City districts. The current Council district map was adopted in 2018 and updated in 2021. The map may be viewed at https://mappalmsprings.org/wp-content/uploads/2022/06/Map-Option-L-Maps-and-Census- Data.pdf

City Council elections are held the first Tuesdays in November of even-numbered years. Regular Council meetings are generally held on the second and fourth Thursdays of each month in the Council Chamber at City Hall. In addition, special meetings and study sessions are held from time-to-time as the need arises.

The City Council has the power to make and enforce all laws and regulations relating to municipal affairs, subject to the limitations of the City Charter, the United States and California Constitutions, and certain State statutes.

C. Boards and Commissions
Boards and Commissions serve an important role in City governance and serve as the City Council’s advisory bodies, or in some instances as decision-makers. Some advisory bodies are Item 3C - Page 18
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4 created by the City Charter, while others are created by Resolution, Ordinance, or other City Council action.

Unless otherwise stated in the enabling documentation of the Board or Commission, members of an advisory body are appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in City government. (City Charter, Section 602).

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5 [INSERT CITY ORGANIZATIONAL CHART]

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6 II. Summary of Applicable Laws

A. The Ralph M. Brown Act (“Brown Act”)
What is the Brown Act?

The Ralph M. Brown Act is a California sunshine law that ensures that all meetings of local legislative bodies are open and public, and that all members of the public have the opportunity to attend such meetings. (Cal. Gov. Code § 54950.)

When does the Brown Act apply?

The Brown Act applies to meetings of local legislative bodies, such as the City Council, boards and commissions (Cal. Gov. Code § 54952.) A meeting is any discussion among a majority of the members of a board or commission (e.g., 3 out of 5 members) of any topic within the board’s or commission’s jurisdiction. (Cal. Gov. Code § 54952.2(a).) A meeting can take place face-to-face, over the phone, in a chat room, or even by e-mail.

Here are two forms of communication that may result in a meeting:

1. Chain: If a board member A contacts board member B, and board member B contacts board member C, and board member C contacts board member D, and so on until a majority of the BOARD members have been contacted and a collective concurrence has been formed, then a meeting has taken place.

A — B — C — D

2. Hub-and-spoke: If an intermediary, such as a staff member, contacts a majority of the board members about their positions on a matter within the board’s jurisdiction, in order to form a collective concurrence, then a meeting has taken place.

A
׀
D — 1 — B
׀
C
(Cal. Gov. Code §§ 54952.2(b)(1),(2).)

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7 Helpful Tip: To avoid an accidental meeting, please use “bcc” when sending e-mails to multiple board members, and do not hit “Reply All” in e-mail threads with other board members.

What is not a meeting?

There are six exceptions to the Brown Act’s definition of a meeting:

1. Individual contacts or conversations;

2. Seminars or conferences that are open to the public;

3. Community meetings that are open and publicized;

4. Attending a meeting of a different legislative body;

5. Social or ceremonial occasions; and

6. Attending a board’s standing committee solely as an observer ( e.g., no comments or questions).
(Cal. Gov. Code § 54952.2(c).)

Are there exceptions to the Brown Act’s requirements?

Yes, but it is likely that the exceptions would not apply to a board’s or commission’s activities. (Cal. Gov. Code § 54956.7 et seq.) Please contact the City Attorney’s Office if you have questions about relying upon an exception to the Brown Act.

What can be discussed at a meeting?

The only topics that may be discussed at a meeting are those that have been described in a properly posted and publicized agenda. (Cal. Gov. Code § 54954.2(a)(1).)

How far in advance must the agenda be posted?

1. Regular Meeting: 72 hours (Cal. Gov. Code § 54954.2(a)(1).)

2. Special Meeting: 24 hours (Cal. Gov. Code § 54956(a).)

3. Emergency Meeting: There is no specific notice requirement, but the board or commission should do everything it can to give the public at least one hour notice. (Cal.

Gov. Code § 4956.5(b)(1).)

The public’s place on the agenda.

A meeting agenda must allow an opportunity for members of the public to speak on any item of interest that is within the board’s or commission’s jurisdiction. In addition, the public must be allowed to speak on a specific item of business before or during the board’s or commission’s consideration of the item. (Cal. Gov. Code § 54954.3(a).) Item 3C - Page 22
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8 Addressing the public at a meeting.

Board or commission members may give a limited response to items raised by the public during a meeting, but no topic should be discussed in detail unless it appears on a properly noticed agenda. (Cal. Gov. Code § 54954.2(a)(2).) If an important issue is raised that is not on the agenda, the board or commission may direct staff to place the issue on the next meeting’s agenda.

When may items be added to the current meeting’s agenda?

In rare instances, if two-thirds of the members vote that there is a need to take immediate action on an item that came to their attention after the current meeting’s agenda had already been made, that item may be added to the current meeting’s agenda instead of waiting to put it on the agenda for the next meeting. In such circumstances, the item must be publicly identified, and the public must have a reasonable opportunity to speak on it. (Cal. Gov. Code § 54954.2(b).) **This exception is only available in very limited situations.**

What happens if the Brown Act is violated?

If a board or commission member violates the Brown Act, the District Attorney or any other interested party may issue a written demand that the board or commission correct the violation. If the board or commission does not correct the violation on its own, the interested party may sue for a court order correcting the violation. (Cal. Gov. Code § 54960.)

In addition, if the District Attorney determines that the board or commission intended to deprive the public of information, then the violating members may be criminally prosecuted. (Cal. Gov. Code § 54959.)

B. Due Process Requirements
Due process is a legal requirement that protects the rights of members of the public by providing notice and an opportunity to be heard prior to taking a governmental action.

Why is due process relevant to boards and commissions?

Boards and commissions sometimes act in a role similar to that of judges when they administer City business, such as code and zoning enforcement, permitting, and fee assessment. When a board or commission acts in a quasi-judicial role, they are required to provide due process to the members of the public whom their decisions affect. (Mohilef v. Janovici (1996) 51 Cal.App.4th 267, 276.)
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9 What does due process require?

At the minimum, due process requires two things:

1. Notice: Notification that is reasonably calculated to apprise interested parties of the action and afford them the right to be heard. (D & M Fin. Corp. v. City of Long Beach (2006) 136 Cal.App.4th 165,174.)

2. Hearing: A fair opportunity for the affected parties to hear the evidence against them and a chance to controvert that evidence with evidence of their own before an impartial decision-maker. (Haas v. County of San Bernardino (2002) 27 Cal.4th 1017, 1025.)

What due process rules should you keep in mind?

1. The City has the burden to prove the alleged violation is more likely than not to have taken place. (Leppo v. City of Petaluma (1971) 20 Cal.App.3d 711, 718.)

2. The same notice that is due to a property owner is due to the property owner’s tenant, if any. DO NOT rely on the property owner to provide notice to the tenant.

The City is responsible for providing such notice.

3. After a party has exhausted all of the options provided by municipal procedure, they have ninety days to seek judicial review of their case from a court. (Cal. Code Civ. Proc. § 1094.6(b).) The City is responsible for notifying the party of this right and the time limit for exercising it. (Cal. Code Civ. Proc. § 1094.6(f).) The ninety-day time limit does not begin until the City provides the required notice. (Donnellan v. City of Novato (2001) 86 Cal.App.4th 1097, 1102.)

C. The Political Reform Act
What is the Political Reform Act?

The Political Reform Act is a body of law that prohibits public officials from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a conflict. (Cal.

Gov. Code § 87100.)

Who is a public official?

Generally, a person is a public official if he or she is an elected or appointed City official, a Item 3C - Page 24
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10 member of a board or commission, or an employee or consultant who manages public investments. (2 Cal. Code Regs. § 18701.)

What is a conflict?

A public official has a conflict if it is reasonably foreseeable that a decision they make will have a material financial effect, distinguishable from its effect on the public generally, on the public official, a member of their immediate family, or on certain other financial interests. (2 Cal.

Code Regs. § 18700(a).)

How do you know if you have a conflict?

The first step in determining whether an official has a disqualifying conflict of interest under the Political Reform Act is identifying the official’s financial interests with respect to the decision at issue. Please see the summary of financial interests on page 4 of the “Overview of Conflicts of Interest Under the Political Reform Act,” attached as Appendix A.

Special rule for appointed board and commission members.

Appointed public officials may not accept, solicit, or direct a contribution of more than $250 from anyone who is applying for a license, permit, or other entitlement from the City.

Appointed officials also may not accept, solicit, or direct a contribution of more than $250 from anyone who has received a license, permit, or other entitlement from the City in the last three months. (Cal. Gov. Code § 84308(b).)

IMPORTANT: If an applicant comes before an appointed public official’s board or commission who has already made a donation of more than $250 to the appointed public official, the public official must publicly disclose the donation and then recuse themself from the proceeding.

However, the public official may avoid recusal by returning the gift to the applicant within thirty days of learning of the conflict. (Cal. Gov. Code § 84308(c).) Are there exceptions to the Political Reform Act?

There are two exceptions:

Public Generally: Even if a governmental decision will have a reasonably foreseeable material effect on the public official’s economic interests, the public official does not have a disqualifying conflict if the effect is indistinguishable from the effect that the decision will have on the public generally. (2 Cal. Code Regs. § 18707(a).)

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11 are not disqualified from participating, despite their conflict of interest. (Cal. Gov. Code § 87101.)

IMPORTANT: The fact that the public official’s vote is needed to break a tie does not qualify their participation as legally required. (Cal. Gov. Code § 87101; 2 Cal. Code Regs. § 18708(c)(1).) In addition, the necessity exception may not be invoked if a quorum can be convened of other members who are not disqualified from voting, regardless of whether such other members are actually present at the time of the disqualification. (2 Cal. Code Regs. § 18708(c)(2).)

What do you do if you have a conflict and no exception applies?

When a public official determines that he or she has a conflict that necessitates disqualification under the PRA, the public official must publicly announce the specific financial interest that is the source of the disqualification. (Cal. Gov. Code § 87105(a); 2 Cal. Code Regs. § 18702.5(b)(1).)

After announcing the conflict, the public official must leave the room during any discussion or deliberations on the matter in question, and the public official may not participate in the decision or be counted for purposes of a quorum. (Cal. Gov. Code § 87105; 2 Cal. Code Regs. § 18702.5(b)(3).)

Who can help you determine if you have a conflict?
The FPPC has a full-time staff and several resources available to assist public officials on the Political Reform Act. The FPPC may be contacted via its website, www.fppc.ca.gov, or by phone at 1-866-ASK-FPPC.

IMPORTANT: The City Attorney’s Office cannot provide immunity from Political Reform Act violations. Only formal written advice from the FPPC can provide such immunity. (Cal. Gov.

Code § 83114(b).)

D. Robert’s Rules of Order
How is City business conducted?

In general, City business is conducted according to Robert’s Rules of Order. (Palm Springs Charter Section 603). Each board or commission may, however, adopt other rules of order by resolution so long as the rules of order are consistent with the City’s Charter. Failure to strictly follow Robert’s Rules of Order does not affect a board’s or commission’s jurisdiction or invalidate any otherwise proper action that the board or commission takes.

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12 What are Robert’s Rules of Order?

Robert’s Rules of Order are traditional rules of parliamentary procedure used by governments and private organizations throughout the world.

What is the purpose of Robert’s Rules of Order?

The purpose of Robert’s Rules of Order is to establish a process so that meetings and hearings can be conducted in a clear, open, and fair manner. In addition, Robert’s Rules of Order are designed to ensure that the will of the majority is enforced, while still protecting the rights of the minority.

What is the basic format for a discussion under Robert’s Rules of Order?

Meetings conducted under Robert’s Rules of Order generally follow this basic format:

1. The meeting is governed by a published agenda.

2. Topics are addressed in the order in which they appear on the agenda.

3. Discussion is taken on topics that receive a motion and a second.

NOTE: Seconding the motion does not necessarily mean that the BOARD member supports the motion; it means that the BOARD member wants the motion to be considered.

4. The Chairperson should clarify the motion to make sure that the motion is understood by the BOARD members and anyone else who wishes to participate in the discussion.

5. Following discussion and public comment, if any, the BOARD members may vote on the motion.

6. The result of the vote should be announced by the Chairperson. The announcement should state the number of votes on each side, as well as the ultimate outcome (e.g., “The motion passes by a vote of 3-2. We have passed the motion to require ten days’ notice for all future meetings of this BOARD.”)

What are the basic types of motions?

There are three basic types of motions:

1. Basic Motion: A basic motion is a motion that initially puts forward a decision for consideration by the BOARD (e.g., “I move to consider item ‘X.’”)

2. Motion to Amend: A motion to amend is a motion to change a basic motion that is under consideration without doing away with the original motion in its entirety (e.g., “I Item 3C - Page 27
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13 move to consider items ‘X’ and ‘Y.’”)

3. Motion to Substitute: A motion to substitute is a motion to completely do away with the motion currently under discussion and put an entirely new motion before the BOARD (e.g., “I move to consider item ‘12.’”)

NOTE: Motions are considered from last to first (e.g., a motion to amend is considered before the basic motion that it is amending).

NOTE: A BOARD may not have more than three motions before it at the same time. After three, the BOARD should vote on the motions before it prior to permitting further motions to be raised.

What types of motions require super-majority votes?

Most motions are decided by a simple majority vote (e.g., three votes of a five-member board or commission). However, some motions require a super-majority vote.

For example, in rare instances, if two-thirds of the board or commission members vote that there is a need to take immediate action on an item that came to their attention after the current meeting’s agenda had already been made, that item may be added to the current meeting’s agenda instead of waiting to put it on the agenda for the next meeting. In such circumstances, the item must be publicly identified, and the public must have a reasonable opportunity to speak on it. (Cal. Gov. Code § 54954.2(b).)

What happens if there is a tie vote?

In general, motions can only pass if the majority (or a super-majority, if that is required) votes in favor of them. A tie vote means that the motion fails.

NOTE: Check the bylaws for your board or commission, because some boards or commissions have their own rules regarding tie votes.

Can a past motion be reconsidered?

Past motions may be reconsidered in certain circumstances. A motion to reconsider can be raised by any member who voted in the majority on the original motion (e.g., if a motion passed on a 3-2 vote, only one of the three members who voted in favor of the motion may bring a motion to reconsider). (Robert’s Rules of Order § 36(a).) Also, the motion to reconsider may only be raised at the same meeting during which the original motion was voted upon or at the very next meeting. (Robert’s Rules of Order § 36(b).) If the motion to reconsider is Item 3C - Page 28
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14 passed, then the body may reconsider the past motion and take a new vote on it.

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15 III. BOARDS AND COMMISSIONS 101

A. Enabling Legislation or Documents
The enabling legislation that created the board or commission (e.g., City Charter, Ordinance, or Resolution) discusses the qualifications, term of office, and responsibilities of the body. The City’s Charter and the ordinances governing Boards and Commissions generally (Chapter 2.06 Boards and Commissions – General Provisions) as well as specific Boards/Commissions (Chapters 2.16 through 2.50), can be found on the City Attorney’s webpage:
https://www.palmspringsca.gov/government/city-manager/city-attorney

B. Oath of Office
Following appointment, the City Clerk will administer the Oath of Office in the City Clerk’s Office, which states:

C. Eligibility Requirements
Unless otherwise states in a board’s or commission’s enabling legislation, applicants for boards and commissions must either: live, work, or go to school within the City of Palm Springs. The City Council may also consider unique knowledge, skill, or experience in appointing a member to a board or commission.

An appointment to a board or commission is for a term of three years; however, existing

I, , do solemnly
affirm that I will support and defend the
Constitution of the United States and the
Constitution of the State of California against
all enemies, foreign and domestic; that I will
bear true faith and allegiance to the
Constitution of the United States and the
Constitution of the State of California ; that I
take this obligation freely, without any mental
reservation or purpose of evasion; and that I
will well and faithfully discharge the duties
upon which I am about to enter.

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16 commissioners are eligible for an additional term, provided that the total number of years on such board or commission may not exceed seven years.

D. Types of Meetings, Agendas, Minutes and Procedures
Regular Meetings: Boards and commissions should establish meetings as required for the purpose of the body. Most meetings shall be open to the public and are generally held at City Hall. Agendas and minutes must be prepared, posted and maintained in accordance with all laws and policies of the State of California and the City (See “Brown Act,” page 5).

Adjourned Meetings: If for any reason, the business to be considered at a regular meeting cannot be completed, the body may designate a time and date for an adjourned meeting. Any matter to have been considered at the regular meeting may be processed at an adjourned meeting. But in order to so adjourn, it is necessary that this be announced to the public present at the time of adjournment and so recorded in the minutes. A notice of an adjourned meeting shall be prepared and posted as required by law.

Special Meetings: A special meeting may be called by the Chairperson or a majority of the members. Care must always be taken when this is done so that adequate advance notice is given. Such notice requires that all interested parties be notified and a notice be posted at least 24 hours in advance of the special meeting. The notice must contain the time and place for such a meeting and the specific subject matter(s) to be considered. Introduction of other items at a special meeting is prohibited.

Subcommittees: The Chairperson may appoint special subcommittees of less than a quorum of the body who meet at the convenience of the subcommittee members to carry out the purpose of the subcommittee. Subcommittees may meet without public notice or input. However, any recommendation of a subcommittee shall be presented for discussion and vote at a public meeting of the body.

Agendas and Agenda Packets: Each board or commission has an assigned staff person serving as secretary. The secretary is responsible for the preparation and distribution of an agenda and supporting documents prior to each meeting. All open meetings must have an agenda. The agenda must be posted 72 hours before a regular meeting. Check with the board’s or commission’s secretary relative to agenda packet deadlines. Only those items appearing on the agenda should be considered at each meeting.

Minutes: Minutes are the board’s or commission’s official document of record and are permanent records. They are taken at all meetings, transcribed, and usually included with the next meeting agenda packet. At a minimum, the minutes should be summary minutes. More detailed minutes can be provided at the discretion of the body and subject to available Item 3C - Page 31
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17 resources. The approved minutes are the vehicle through which the board or commission as a whole or its individual members express their interests or opinions.

Public Records Laws: With limited exception, the Government Code of the State of California provides that all official records of the City are open to inspection to any interested citizen at reasonable times. All agendas, minutes and supporting documents are public records and must be available for public review with the body’s secretary.

E. Attendance and Absences
Attendance: If a board or commission member fails to attend three consecutive regular meetings or 25% of the duly scheduled meetings of the board or commission within any fiscal year, without permission, that member may be considered for removal by the City Council. (City Charter, Section 605). The Chairperson of the advisory body shall inform their staff liaison and/or the City Clerk of such a situation.

Absences: Because of quorum requirements, when an absence is anticipated, the individual board or commission member is responsible for notifying the Chairperson or the staff liaison in advance.

F. Removal, Vacancies

Any member of a board or commission may be removed at any time by a vote of a majority of the membership of the city council. The issue of whether to declare the office of a board or commission member vacant shall be brought before the city council as follows:

1. Upon the resignation of the board or commission member;

2. Upon the request of any member of the city council;

3. Upon excessive absenteeism, to be defined as absence from three consecutive meetings of such board or commissio n or for twenty five percent (25%) of the duly scheduled meetings of the board or commission within any fiscal year, unless by permission of such board or commission expressed in its official minutes;

4. Upon conviction of any felony or crime of moral turpitude;

5. If the member of the board or commission ceases to be a qualified elector of the City;

6. Failure of the board or commission member to file a financial disclosure statement as may be required by State law or city ordinance; or

7. Such other cause as city council may provide by ordinance.

The city council may declare the office of any board or commission member vacant, and the vacancy shall be effective from the date of the declarant unless otherwise specified in the declaration.

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18 Any vacancies in any board or commission shall be filled by appointment by the mayor, with the approval of the city council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. (Charter, Section 605).

G. Disclosure of Financial Interests
The City’s Conflict of Interest Code was adopted in 2018 pursuant to Resolution No. 24829. The City’s Conflict of Interest Code consists of two basic parts:

1. Part A lists the disclosure categories (i.e., types of economic interests) that the designated position must disclose; and

2. Part B lists the designated positions within the agency.

A copy of the Conflict of Interest Code is attached as Appendix B.

Public officers disclose their financial interests on a form entitled “Statement of Economic Interests” (“SEI”) or “Form 700” issued by the FPPC. SEIs are filed annually, and also within 30 days of taking office or leaving office. SEIs submitted by public officers are public record and are made available for public inspection upon request.

The City makes every effort to designate all boards and commissions that make governmental decisions in the local conflict of interest code. Members whose positions are not designated in the local conflict of interest code who believe their positions do involve making or participating in a governmental decision should contact their staff liaison. The City Clerk maintains the SEIs filed by the public officers pursuant to the local conflict of interest code. It must be emphasized that, regardless of whether an individual is required to file an SEI, every governmental officer or employee must refrain from making or participating in a governmental decision that has a reasonably foreseeable material financial effect on their personal financial interests.

H. Role of Members
After appointment by the Council, the City Clerk will present new members with information about their board or commission, which includes this Handbook. In addition, the City staff member designated to serve in support of your board or commission will schedule an orientation appointment. This is the member’s chance to learn more about City government and the scope of responsibility of the body to which they have been appointed. In addition to reading this Handbook (which will answer many of your questions), new members should start preparing for their role by:

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19 1. Reviewing the City’s Mission Statement, Organizational Values, and the body’s bylaws, if any.

2. Reading the information provided during the orientation.

3. Getting to know fellow members and staff. Learn the history and “language” of your board or commission. Ask about upcoming issues.

4. Considering meeting with the Chairperson of your board or commission and/or a Council Liaison to learn more about your role and to understand expectations. This will help you focus on the big picture and how you fit in.

5. Becoming familiar with basic meeting management and diplomatic decision-making procedures.

6. Attending training programs and workshops offered by the City.

I. Role of the Chairperson
In addition to their role as a member, the Chairperson has specific responsibilities:

1. A good meeting is one that runs on time, completes the agenda, and moves forward using a thoughtful, informed decision-making process. The role of the Chairperson is critical to making this happen.

2. The Chairperson is a position of confidence and needs to be informed and prepared.

The Chair’s role is as a guide that leads and facilitates the discussion and decision- making process in a way where the pros and cons are voiced, the majority prevails, and the minority opinion feels heard.

3. The Chairperson manages the time of the meeting and keeps things moving. The Chairperson sets the tone for the discussion and creates the structure of that discussion by seeking new information, allowing for a robust airing of opinions, summarizing, checking for readiness to vote, and drawing the discussion to a close in an efficient and fair manner. See “Special Tips for the Chairperson” (page 31) for more guidance on this role.

J. Role of City Staff Members
Staff support and assistance is provided, but boards and commissions do not have supervisory authority over City employees. While they may work closely with boards and commissions, staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The board and commission members are responsible for the functions of the body and the Chairperson is responsible for the body’s compliance with the policies outlined in this Handbook.

Staff support includes preparation of a summary agenda subject to approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list Item 3C - Page 34
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20 of alternatives, recommendations and appropriate backup material, as necessary. Staff will assist boards and commissions in the conduct of public meetings and ensure that the business listed on the agenda is addressed. Members should have sufficient information to reach decisions based upon a clear explanation of the issues involved. The assigned staff person often serves as secretary, insuring that minutes are taken as needed.

It is important that recommendations that the boards or commissions wish to communicate to the City Council are made through adopted or approved Council agenda procedures. Staff members will assist the Chairperson to ensure appropriate legal review, or City and State legislation is complied with.

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21 IV. Being an Effective Member

A. Preparing Ahead for the Meeting
Most volunteers understand when they apply to serve on a board or commission that they will be making a commitment of time to attend meetings, but many are often surprised by the amount of time it takes to prepare properly for a meeting. Being prepared is key to making good decisions and will strengthen the value of your board’s or commission’s recommendations.

• Doing your homework and coming ready to participate is critical. This involves setting enough time aside to review thoroughly and consider the entire agenda packet.

• When you receive your agenda packet, read it carefully. Be prepared to discuss fully, evaluate, and act on all matters scheduled for consideration.

• Think about:
o The number of items and the amount of time necessary to fully consider each item.
o Those items that may be controversial and what questions are likely to be asked.
o Difficult procedural items.
o Issues you know little about.

• Write a list of questions for staff.

• Consider calling or meeting with staff before the meeting to learn more, if need be.

Getting more information ahead of time may make your decision-making easier and help move the meeting. Your questions may also alert staff to issues that others may also be pondering. Advance knowledge assists staff with preparing oral reports and adequately addressing the issues during the meeting.

• Show up on time and be ready to work.

B. Developing Collegial Relationships
Being selected by the City Council to serve on a board or commission is an honor and provides a unique opportunity for genuine public service. Open, honest, and supportive relationships with the City Council, with City staff and fellow members will ensure your success and Item 3C - Page 36
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22 effectiveness.

• The proper channel to contact City staff on items of consideration is through the designated City staff member.

• Your attendance at meetings is vital. Recognizing that a scheduling conflict may come up from time to time, commit to attending all the meetings of your board or commission. If you are unable to attend, contact the Chairperson and/or staff liaison as soon as possible prior to the meeting. Advance notice of your absence will prevent an unexpected lack of a quorum and may also avoid delays in project or program approvals. (See “Absences,” above)

• If time permits, attend meetings of other boards or commissions or the City Council to stay abreast of current City issues.

• Volunteer to lead the group or serve on a subcommittee.

• The City Council looks to its boards and commissions t o be their eyes and ears in Palm Springs. Talk to members of the community about your role, get their input and invite public participation.

• If there are differences that cannot be resolved through the regular meeting process, consider consulting with the appropriate individual(s) next in line in the “chain of command”: 1) Staff Liaison or Chairperson, 2) the Department Head, 3) City Manager or Council Liaison.

C. Managing How You Communicate
Members serve as a communications link between the community, staff, and City Council. You provide a channel for citizen expression. The way in which you communicate matters.

• Balance advocacy and inquiry. Say what you think and why you think it. Seek to understand others. Listen carefully, actively asking questions of inquiry. Know when to dialogue and when to debate.

• Put your stake in the ground so others know where you stand and be willing to move your stake when others influence your position.

• Be succinct, get to the point, share the “air time.”

• Study and understand Robert’s Rules of Order (page 12) so that you know how to move Item 3C - Page 37
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23 an item forward with a motion, how to amend a motion, what motions take precedence over others, etc.

• When speaking to the public and/or press, be sure you are honoring any agreements your board or commission has about speaking with the press and/or are representing the majority views of your individual board or commission. Personal opinions should be clearly identified as such.

• When necessary, agree to disagree. When disagreeing, do so in an agreeable fashion.

• Speak clearly, moving the microphone closer to your mouth so you are sure the public or fellow members can hear you.

• If you communicate using e-mail, do so wisely understanding the Brown Act and the requirements of this Act. It is easy to unintentionally violate The Brown Act if you are not familiar with it.

D. Encouraging and Honoring Public Participation
Some board and commission meetings are well attended by the public and others are not.

Nevertheless, it’s important to remember that everyone is entitled to their own opinions.

Some members of the public are quite used to speaking before a public body, but most are not.

Individuals may address the board or commission to either present an issue or concern, or to speak for or against an item. This may be the first time they have ever done this, and they may find the experience intimidating. Anxiety can be expressed in a variety of ways, including aggressiveness or forgetfulness. This requires your patience and keeping in mind the following:

• Be fair and consistent. Set reasonable time limits for participation and apply them equally.

• Pay attention to all speakers and actively listen to what they are saying.

• Ask questions for clarification only, avoid ing debate or “cross-examining.” If there is discussion or debate, it should be among members. Being respectful at all times is a key.

• Think about your body language and what message you may be sending. Disapproving facial expressions, crossed arms, and a slumped posture may communicate a message you do not intend to send.

• Provide reasonable follow-up when it is appropriate.

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24 E. Special Tips for the Chairperson
The Chairperson’s main role is to provide the board or commission with group direction and to set the tone for meetings. The Chairperson must balance being strong enough to move the meeting along and democratic enough to involve all members in the meeting. It is a challenge to manage the agenda and the time, utilize parliamentary procedure where appropriate, guide the discussion and process, summarize key decisions and actions, and bring the meeting to an efficient close. The tips below may be a helpful summary and reminder for seasoned Chairs. For more information, please see “Understanding the Role of Chair” in Appendix C.

Moving the Agenda:

• Remember to explain the public participation process to the audience. (For example:
“The commission (or board) will hear first from staff who will present the staff report.

Commission (or board) questions to staff will follow and then the floor will be open to the public who may comment on the matter. Following public comment, the matter will come back to the commission (or board) for deliberation and action.”)

• Announce each item before discussion begins.
o Be clear about the purpose of the agenda item.
o Know the rules of procedure yourself.

• Announce and observe specified time limits for each agenda item and/or for the meeting. Honor whatever ground rules the body already has in place regarding time for discussion or decide on this yourself.

o Solicit opinions, feelings, and positions from members. ▪ Encourage questions of clarification before a full discussion. ▪ Invite a motion to get the discussion going
▪ Summarize points and identify areas of common ground and consensus. ▪ Seek new information by using the “round robin” approach. ▪ Encourage the generation of alternative solutions.
▪ Make sure “pros” and “cons” are heard so evaluation is fair. ▪ Get full participation without everyone feeling the need to speak. ▪ Keep the discussion focused on the issue.

o Ensure public involvement as appropriate.
▪ Honor time allocations; inquire about how many people want to speak in order to gauge time allocations.
▪ Be respectful and thank even the most difficult person. ▪ Show interest and concern.

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25 ▪ Provide reasonable follow-up.

o Discourage finger pointing and blame-orientated statements or questions. ▪ Protect BOARD members and staff from verbal attacks, within the limits of the Brown Act.

• Arriving at Efficient Decisions:

o Make sure everyone knows what action is being requested and what action is being discussed.
▪ Restate motions.
▪ Weigh in near the end of the discussion. The Chairperson should play a less active role in the debate, usually speaking last.

o Seek consensus when possible and identify areas of common ground.

o Voting is the business. Be complete. Seek voting readiness.

• In closing voting, remind the majority of the minority’s concerns. Announce the vote by stating what decision just got made and what the vote was.

Using Parliamentary Procedure:

• Use basic elements: principal motions, amendments to a motion, etc.

• View the video, “Parliamentary Procedure Simplified” at https://www.ca- ilg.org/document/parliamentary-procedure-simplified for a review of procedures and how to chair a meeting.

More on How to Manage Member Participation:

• If a member talks too much:
o Pause to say, “In the interest of time…”
o Offer to summarize.
o Deflect to another participant.
o Ask that before the member speaks, you want to hear from those who have not spoken yet.

• If a member does not talk enough:
o Ask direct, open-ended questions.

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26 o Poll the entire body one-by-one.

• When language is confrontational:
o Paraphrase.
o Make neutral observations.
o Call a recess.

F. Managing Difficult Public Meetings
Here are some additional tips for managing any meeting, but particularly the difficult ones:

• Encourage the designation of a spokesperson for groups.

• Ask staff to make sure there are plenty of extra agendas and staff reports.

• Establish and announce rules before the meeting begins.

• Introduce each item and possible actions.

• Try not to waste time on routine items.

• Encourage speakers to address the board or commission and not the audience.

• Discourage clapping and shouting.

• Use recesses to help diffuse hostility. Do not seek to avoid, bury, or deny conflict. Strive to contain it.

• Adhere to speaker time limits. Use speaker cards.

• Make sure that all members are addressing each other, through you, and not the audience.

• Consider continuing an item for further discussion if it appears consensus may not be reached.

• Know the difference between visionaries, primary leaders, thoughtful leaders, bandwagoners, and naysayers.

• Stay out of the fray - rise above the situation.

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27 Item 3C - Page 42
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28 Appendix A – FPPC Overview of Conflicts of Interest

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29 Appendix B – City’s Conflict of Interest Code

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30 Appendix C – ILG’s Understanding the Role of Chair

Item 3C - Page 45

ATTACHMENT C

Item 3C - Page 46
Item 3C - Page 47
RESOLUTION NO. 24554

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING A CODE OF
CONDUCT FOR ELECTED OFFICIALS.

WHEREAS, the City Counci l formed the Code of Conduct ad hoc Subcommittee to develop and bring forward a proposed Code of Conduct for Councilmembers ("Code"); and
WHEREAS, the Subcommitt ee met and held meetings with staff to develop such a Code; and
WHEREAS , the Subcommittee presented a d raft Code to the City Council on December 19, 2018 for discussion, and received Counci l input; and WHEREAS , the Subcommitt ee drafted revisions to the Code based upon furthe r reflection and Counci l input and presented the revised Code to the Counci l for adoption on January 23, 2019; and
WHEREAS , the City Counc il has considered a staff report , along with any verba l and/or written testimony subm itted in this matter, and finds that the adoption of a Code is consistent with the best interests of this City.

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

A. The true and correct recitals above are hereby incorporated in this Resolutio n by this reference as the findings and authority in support hereof.

B. Pursuant to the authority vested in the City Counc il by City Charter Section 300, t he Counc il hereby adopts a Code of Conduct in the form a ttached to and incorporated in this Resolution as Exhibit A, subject to amendment by resolution of the City Counc il

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 23rd DAY OF JANUARY , 2019 .

ATTEST :
-~ :::?-;--
DAVID H. READY, ~

CITY MANAGER
Item 3C - Page 48
Resolution No. 24554

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS)

CERTIFICATION
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24554 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 the 23rd day of January, 2019, by the following vote:

AYES:

NOES:

ABSENT :

ABSTAIN:

Councilmembers Holstege, Middleton, Roberts, and Mayor Moon None
Mayor Pro Tern Kors
None
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 2 ot,,- day of Ka:v: c... V'I , -Z.C,\ <'.:
a,~

CITY CLE
Item 3C - Page 49

CITY OF PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS
I. Introduction
The purpose of this Code of Conduct ("Code") is to define the role of elected officials in the governance of the City. This Code consists of policies and implementing rules intended to advance the City's goals of providing efficient and responsive services to its residents and providing a safe and productive work environment for its employees.

II. Background
Palm Springs is a charter city governed by the council/manager form of government. The City Council (refers to five members; Mayor, Mayor Pro Tempore and Councilmembers) is the legislative body of local government and with the assistance of its advisory commissions and boards makes policies and fundamental governmental decisions. The City Manager carries out the executive responsibility and is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her/their staff. The City Council has direct authority over the City Manager and the City Attorney. All other employees of the City are under the direct authority of the City Manager. This Code establishes rules that contribute to the success of this basic structure and to maintaining positive and effective working relationships between Councilmembers and employees.

Ill. Limitations
This Code addresses selective aspects of the governance of the City and supplements, but does not supplant, other laws and rules that prescribe the legal responsibilities of City Councilmembers.

Those include, among others, the California Constitution, various provisions of the California Government Code (including the Brown Act and the Political Reform Act) and Labor Code, the city's Charter, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code.

It is not possible for a Code of this kind to anticipate and provide a rule of conduct for all situations.

It is expected that Councilmembers will treat each other, City employees, residents, and business-people with courtesy and respect in a manner that reflects well on the City.

IV. Policies and Rules
What follows are general policies governing the conduct of City Councilmembers, and in some instances, rules that illustrate application.

2.19.19 CITY OF PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS

Item 3C - Page 50
Policy 1. City Councilmembers shall deal with the City's administrative services solely through the City Manager or their designee.

Rules:

1.1 Councilmembers shall not direct, order or make demands on any City employee, apart from the City Manager and City Attorney who work directly for the City Council, and any administrative staff assigned to work directly with Councilmembers. This prohibition does not restrict or limit Councilmember inquiries that can be answered routinely and without research, or Councilmember support requested in accordance with a protocol established by the City Manager. Nothing in this rule precludes a Councilmember from forwarding complaints and/or concerns to the City Manager, with a copy to the appropriate department head so as to secure the swiftest City response practicable.

City staff is organized in a hierarchical structure, and City employees work under the direction and control of several layers of management culminating with the City Manager. Individual Councilmembers are not part of that management structure and have no authority to direct employees.

1.2 With the exception of the City Manager and City Attorney who work directly for the City Council, Councilmembers shall not attempt to reorganize an employee's priorities or influence the manner by which City staff perform their assigned functions or duties. City employees are directed in their everyday tasks by their immediate supervisor in accordance with approved work plans.

All requests for work or research should be directed to the City Manager, and in instances when reasonably appropriate to secure a timely response, copied to a department director. Routine requests for information may be directed to a Department Manager; but all requests should be copied to the City Manager to the extent practicable.

1.3 Councilmembers shall not retaliate or threaten to retaliate against employees as a result of disagreements over policy recommendations.

1.4 Councilmembers shall not threaten a City employee with disciplinary action.

Policy 2. City Councilmembers shall act collectively in a properly noticed and constituted meeting; Councilmembers have no authority to make decisions or take actions on behalf of the body unless expressly authorized to do so.

Rules:

2.1 Councilmembers shall not make representations or promises to any third party regarding the future actions of the City or of the body of which they are a member, unless such representation or promise has been duly authorized by the appropriate body.

2.19.19 CITY OF PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS

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City Councilmembers have a fundamental responsibility to communicate with the public and to aid in the resolution of individual and collective public policy and constituent service matters.

When Council members engage in conversations with residents, applicants, developers, lobbyists and officials of other governmental agencies, they should be cautious not to make representations or promises that they cannot legally make or keep. Future actions of a legislative body cannot be promised or predicted with certainty. Individual Councilmembers do not have authority to make commitments on behalf of the City unless expressly authorized to do so by the body of which they are a member.

2.2 When making public statements, whether verbally or in writing, Council members shall make it clear whether they are authorized to speak in an official capacity on behalf of the body of which they are a member, or whether they are presenting their own views.

2.3 Councilmembers shall not interfere with the manner by which the City Manager or the City Attorney performs his or her duties as directed by the Council acting as a body or by a duly appointed subcommittee or liaison.

2.4 City Councilmembers shall not interfere with the implementation by City staff of approved projects and programs, as the City Manager is charged with the implementation of approved projects or programs.

2.5 Council members representing the City on regional and multi-agency bodies shall vote in a manner that is consistent with Council direction and/or policy, or within a previously articulated City policy or program. In cases when the Council has not provided a basis for action, a Council member shall use their best judgment in voting on the City's behalf,

2.6 Proclamations should generally be issued on behalf of the entire City Council and signed by each member of the City Council. Individual City Councilmembers may opt out of signing a proclamation or ceremonial statement by the City The City Manager shall establish a uniform system for processing any proclamation that ensures that each Councilmember has timely notice of pending proclamations with an opportunity to opt out of jointly issued proclamation.

Notwithstanding that proclamations are generally issued on behalf of the entire City Council, individual City Councilmembers may issue a proclamation individually. As a matter of courtesy, when an individual Councilmember issues a proclamation, they should provide advance notification and reasoning to their colleagues, with a copy of such notification to the City Manager.

Proclamations and ceremonial statements shall not address ballot measures or relate to campaign activity. City resources may not be used for advocacy in these contexts, but only for

2.19.19 CITY Of PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS

Item 3C - Page 52
informational purposes.

2.7 When the City receives a request for a Councilmember appearance at an event or gathering, the City Manager will share a copy of the request with all Councilmembers. A Councilmember who directly receives a request for an appearance shall share that request with the City Manager so that all Councilmembers may be informed of the request.

2.8 A Councilmember should refrain from making statements as to an "official" City position, and from directing staff regarding an issue within the purview of a subcommittee of which they are not a member.

2.9 When a Councilmember receives a formal request for an official policy position, they shall forward that request to the City Manager for a response, and for sharing with all Councilmembers.

Policy 3. The City Council as a whole or an authorized subcommittee or liaison shall provide direction and guidance to its subsidiary bodies
Policy 4. City resources shall be used solely for proper governmental purposes, and only with proper authorization.

Rules:

4.1 City letterhead must be used thoughtfully by City Councilmembers in conformance with this Code of Conduct.

City letterhead should be used in instances when it reflects the support of the majority of the City Council. It may be used to communicate official City policy or actions. All correspondence issued by a Councilmember on City letterhead shall be copied to the entire City Council and the City Manager.

4.2 City Councilmembers may have staff-prepared personal letterhead for use in their day-to-day performance of their duties.

City Council members may use their personal letter head to express a personal point of view.

However, when using personal letterhead to express a personal opinion, City Councilmembers must be clear that they are expressing a personal and not a collective opinion. Personal letterhead may never be used for any mass mailing or political purpose.

Examples of a "political purpose" as used here include ballot measure advocacy, support of a political candidate, etc., and this prohibition is intended to match applicable State law and regulations. Councilmembers with questions about the use of personal letterhead should consult with the City Attorney ..

2.19.19 CITY OF PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS
Page4of6
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4.3 City Councilmembers shall not ask or direct employees to spend time on non-City business.

4.4 When traveling on City business, Council members shall adhere to the City's AB 1234 Policy, last approved as Resolution Nos. 21691 and 21962, as that policy may be amended from time to time.

4.5 Councilmembers shall not use or disclose confidential information obtained through City service for any purpose apart from City business.

Policy 5. When representing the City, Councilmembers shall conduct themselves in a dignified manner and in accordance with all legal requirements.

Rules:

5.1 When representing the City on official business, Councilmembers shall behave in a manner as to project a positive image for the City and shall not disparage the City or another Councilmember.

5.2 Councilmembers shall exercise best efforts to avoid the appearance of impropriety in the performance of their official duties.

5.3 Councilmembers shall identify themselves by their titles only when acting in an official City Councilmember capacity, or when it is directly relevant.

Policy 6. Council members should conduct themselves in a professional and businesslike manner in the performance of their duties, during the meetings of the bodies of which they are members.

Rules:

6.1 Councilmembers shall treat each other, members of the public and staff with respect.

Policy 7. Each City Councilmember shall at all times conduct themselves in accordance with the principle that the oath of office administered to each of the City's elected officials creates a duty to serve and represent the best interests of all of the City as a whole.

7.1 Every effort should be made by each City Councilmember to direct constituent service questions and concerns to the Councilmember elected from the district of the resident or business.

2.19.19 CITY OF PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS

Item 3C - Page 54
V. Enforcement
The City is committed to maintaining a healthy, fulfilling and humane workplace. To that end, every City official is expected to observe the foregoing policies and rules when engaged in City business.

Complaints alleging a violation of this Code of Conduct by a City official should be directed to the City Manager or the City Attorney. Upon receipt of a complaint of a minor nature, the City Manager and the City Attorney shall together determine a course of action. The City Manager and the City Attorney shall, should they fail to resolve the complaint or should the complaint be of a serious nature, consult with the Mayor (unless the Mayor is the subject of the complaint, in which event they shall consult with the Mayor Pro Tern or other Councilmember, in order of seniority, as is appropriate under the circumstances) in order to determine an appropriate course of action.

The goal of enforcement of this Code of Conduct is corrective, rather than penal, and a progressive approach to curing violations shall be employed, beginning with informal methods and proceeding to more formal methods as necessary. If appropriate, informal counseling and instruction (including referral to the Employee Assistance Program if appropriate) shall be utilized to correct the official's behavior prior to recommending imposition of sanctions.

Should less drastic measures fail the City Council may in a public meeting impose one or more of the following sanctions:

2.19.19 • Reprimand
• Censure
• Travelor expense reimbursement restrictions
• Loss of committee or liaison assignments
• Removal from an appointed commission or board
• Loss of staff support or use of City resources
• Restrictions on access to City facilities
• Other penalties as may be applicable under the circumstances

CITY OF PALM SPRINGS

CODE OF CONDUCT FOR ELECTED OFFICIALS