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HomeMy WebLinkAbout2004 - MINUTES - 7/21/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 21, 2004 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 21, 2004, at 5:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Foat, McCulloch, Mills, Pougnet and Mayor Oden Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend Hank L. Bates — Desert Cities Community Church of Religious Science. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 16, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 8 of agenda this date. PRESENTATIONS: Swear-in Police Officer Alberto Cantu. ' HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: Joel Douglas, requested approval of Item 12 and read letter from Sidney Sheldon in support of Item 12, copy on file in Office of the City Clerk. Woman, Palm Springs, stated that the Spa Casino does not offer its employees health benefits and that the City should be supportive of the employees. Robert ?, Redlands, requested approval of item 26 with a multi-year contract. Nancy Stuart, Palm Springs Tramway, reviewed a quarterly update on events and marketing of the Tramway. The following persons spoke in opposition to Item 21: Dick Satland, Palm Springs Carol Seckman, Palm Springs The following person spoke in support of Item 21: Jon Caffrey, Palm Springs Economic Development Corporation APPROVAL OF CONSENT AGENDA: It was moved by Mills, seconded by McCulloch and unanimously carried, that Items 1 thru 15, except 1, 9, 10 and 12, be adopted. Council Minutes 07-21-04, Page 2 Review by City Manager of Consent Items to be clarified. 1. See Extended Consent Agenda. 2. MO 7518 approving agreement with Duane Knapp, Brand Strategy, to provide training under the "one of a kind" experience program for$30,000. A4923. 3. MO 7519 authorizing the City Manager to accept Federal Airport Improvement Program (AIP) Grant 3-06-0181-37 up to a total of$7 million. 4. MO 7520 approving agreement with Dewey Pest Control for providing pest extermination and control services at the Palm Springs International Airport for a term of three years, total contract $14,040. A4924. 5. MO 7521 approving Change Order 1 to A4733 W.B. Allen Construction for revisions and modifications related to the airport baggage area canopy for ($32,082.50). Total contract $187,664.50. Mills abstain, business related. 6. MO 7522 approving agreement with Antar-Com/Systems Integration for security access control system (SCAS) and Publish Display System (PIDS) at the Palm Springs International Airport for$2,496,500, subject to receipt of Federal Funding AIP Project 3-06-0181-37, CP2003-17. A4925. 7. MO ---- approving settlement agreement of all claims related to Destination Ramon, (Wal-Mart). A-----. Continued to 7-28-04. 8. MO 7523 approving Amendment 1 to A4862 with Keith Companies for additional survey work at the Palm Springs Convention Center for $34,530. Total contract $110,000. 9. See Extended Consent Agenda. 10. See Extended Consent Agenda. 11. Res 21008 approving Final Map 31887 prepared by Hunsaker and Associates Irvine Inc, representing Baristo Group LLC for property located at 284 Cahuilla Road, Section 15 T4S, R4E. A4927. 12. See Extended Consent Agenda. 13. MO 7524 approving Amendment 1 to A4009 with Carrier Building Services for maintenance service for HVAC building systems for the Municipal & Sunrise Cogeneration plants and the Palm Springs International Airport for a period of five years for a total contract of $140,000. 14. MO 7525 approving the purchase from Ondeo-Nalco Company for water treatment chemicals in accordance with CMAS terms and conditions for fiscal year 2004-05 for $70,000. Council Minutes 07-21-04, Page 3 ' 15. Res 21009, 21010, 21011 and 21012 approving Payroll Warrants and Claims & Demands. EXTENDED CONSENT AGENDA: 1. AIRPORT MARKETING CONSULTANT— SH & E Recommendation: That the Council approve agreement with Simat, Helliesen & Eichner (SH & E) to provide Airport Marketing consulting services for a term ending July 20, 2005 for$200,000. A4922. Aviation Director reviewed staff report. Minute Order 7526 as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that MO7526 be adopted. 9. POLICE AND FIRE RADIO COMMUNICATIONS - MOTOROLA Recommendation: That the Council approve Amendment 1 to A4605 with Motorola Communications and Electronics for maintenance support of the Motorola 800 MHz Radio System for Police and Fire and other local departments for $75,002 for a term ending June 30, 2005. City Manager clarified that the recommendation was for annual maintenance. Minute Order 7527 as recommended was presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that MO7527 be adopted. 10. PALM SPRINGS ENTRYWAY SIGNAGE Recommendation: That the Council approve construction specifications and plans related to the Palm Springs entryway signage. Final construction contract to be approved by City Council prior to construction. City Manager withdrew the item. 12. AIRPORT LOOP ROAD — KIRK DOUGLAS WAY Recommendation: That the Council consider naming the Airport Loop Road Kirk Douglas Way. Resolution 21013 as recommended was presented; after which, it was moved by Pougnet, seconded by Foat and carried by the following vote that R21013 be adopted. AYES: Members Foat, McCulloch, Mills and Pougnet NO: Mayor Oden. PUBLIC HEARINGS: Council Minutes 07-21-04, Page 4 16. CASE 5.0999 — PD 296 —TTM 31230— DESERT BUILDERS , Recommendation: That the Council approve Planned Development District 296 and Tentative Tract Map 31230 for the construction of 7 cluster residential units for property located at the northwest corner of the intersection of Zanjero and Via Olivera Roads, Zone R-2, Section 3. Applicant: Desert Builders. 43 Notices Mailed. Director of Planning Services reviewed staff report and visual site plans on display in the Chamber; and added that the Condition directed by Council to include the formation of a Community Services District was added to the Conditions of Approval. Mayor declared the Hearing open. Don Martin, Palm Springs, stated that as the owner of the property across the street the visual impact of the project colors are too much. Mark Davis, President of Desert Builders, requested approval of the project and added that the condition of assessments levied on the project would be acceptable, but may cause a burden on individual owners. There being no further appearances the Hearing was closed. ' Resolution 21014 as revised, w/color restudy, Architectural Advisory review and sun control was presented; after which it was moved by Mills, seconded by Pougnet and unanimously carried, that R21014 be adopted. 17. CASE 5.1016 ZTA—TAXI SIGNAGE SECTION 93-20 MUNICIPAL CODE AMENDMENT—TAXICABS — CHAPTER 5.40 Recommendation: That the Council consider amendment to the Palm Springs Municipal Code and the Palm Springs Zoning Ordinance to allow advertising material on taxicabs. Director of Strategic Planning reviewed the staff report. Mayor declared the Hearing open, Sergio Santo, Coachella Valley Taxi Owner Association, requested approval of the item. There being no further appearances, the Hearing was closed. Councilmember Mills requested that the Ordinance include provisions to allow either/or rear window or topper advertising and that all topper advertising have mandatory bandit lights. City Clerk read Titles of Ordinances as follows: Council Minutes 07-21-04, Page 5 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING CODE IN REGARD TO SECTION 93.20.10 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS and AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER 5.40 SO AS TO ALLOW ADVERTISING MATERIAL ON TAXICABS after which, it was moved by Foat, seconded by Pougnet and unanimously carried to waive further reading and it was further moved by Foat, seconded by Pougnet and carried by the following vote that the Ordinance be introduced for first reading. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. 18. ABATEMENT OF PUBLIC NUISANCES CITY WIDE Recommendation: That the Council confirm the report of proceedings and accounting for 14 public nuisance abatements and recordation of liens against ' the title of each property. Building and Safety Manager reviewed the staff report. Mayor declared the Hearing; there being no appearances the Hearing was closed. Resolutions 21015 - 21028 (14) as recommended was presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried, that R21015- R21028 be adopted. 19. ANNUAL MAINTENANCE DISTRICTS - 2004-05 ASSESSMENTS Recommendation: That the Council approve annual maintenance costs for the following districts: Street Lighting Maintenance District (SLMD) 3; Parkways Maintenance Districts 6A, 7, 9 and 10; and approve the Fixed Charges Report for same. This is time set for public hearing. Director of Public Works & City Engineer reviewed the staff report. Mayor declared the Hearing open for SLMD 3, & PMD 6A, 7, 9 and 10); there being no appearances, the Hearing was closed. Resolutions 21029 - 21038 (10) as recommended was presented; after which, it was moved by Foat, seconded by Pougnet and unanimously carried, that R21029- R21038 be adopted. Council Minutes 07-21-04, Page 6 20. ANNUAL MAINTENANCE DISTRICTS — PROPERTY OWNER BALLOTS ' Recommendation: That the Council declare the results of property owner protest ballot proceedings; certify the approval; and approve the final Engineer's Annual Levy Report regarding the proposed assessment increase to include the levying and collection of the increased assessments for fiscal year 2004-05; or declare the results of the property owner protest ballot proceedings, certify its denial; and amend the final Engineer's Annual Levy report for reducing the total assessment to the maximum level previously established; or, provide direction regarding the dissolution of Street Lighting Maintenance Districts 1, 2 and 4; Parkway Maintenance Districts 613, 6C, and 8. Director of Public Works/City Engineer reviewed the staff report. Mayor declared the Hearing open. Mrs. O'Connor, Palm Springs, stated that the assessment should not be raised and added when the Palm Trees reached a height of 12 feet the maintenance workers would no longer trim the trees and the homeowners had to hire additional service maintenance. Mr. Robert Jenkins, Palm Springs, stated that the cost accounting is incorrect; that the landscaping is over 30 years old; that the Council should work with the ' homeowners to change the landscaping to drought tolerant plants and requested denial of the assessment. There being no further appearances the Hearing was closed. Mayor declared a recess for counting of Ballots; after which the item will be resumed for declaration of election and discussion. City Clerk reported in all districts the vote failed. In response to questions by Council, City Engineer stated that the costs exceed the assessment; that the City does subsidize the districts at approximately $50,000; and with the failure of the election the same assessment would be levied on the homeowners. Resolutions 21039 - 21056 (18) as recommended and denying a raise in assessment were presented; after which, it was moved by Mills, seconded by Pougnet and unanimously carried that R21039— R21056 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular ' meeting, and announced upcoming events of community interest. Council Minutes 07-21-04, Page 7 LEGISLATIVE ACTION: 21. ORDINANCES FOR SECOND READING & ADOPTION — PALM HILLS City Clerk read Title of Ordinance 1657 and Ordinance 1658 as follows: ORDINANCE 1657: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM U-R TO PD 258, FOR THE PROPERTY LOCATED SOUTH OF EAST PALM CANYON DRIVE, WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTION 31 AND 32, T4S, RSE, SBBM and ORDINANCE 1658: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM HILLS LAND CORPORATION FOR THE PALM HILL SPECIFIC PLAN LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTIONS 31 AND 32, T4S, RSE, SBBM. A4926. After which, it was moved by Mills, seconded by McCulloch and unanimously carried that further reading be waived; and it was further moved by Mills, seconded by McCulloch and carried by the following vote, that Ordinance 1657 and 1658 be adopted. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NO: Member Foat. 22. ASSESSMENT DISTRICT 164— MOUNTAIN GATE II Recommendation: That the Council approve the application for further processing of formation of Assessment District 164, submitted by Century Crowell Communities; and authorize staff to enter into agreements for an assessment engineer's report, appraisal and market absorption study; and collect necessary deposits from the applicant to fund consultant contract. A-----, A-----. Director of Public Works/City Engineer reviewed the staff report. City Manager withdrew and continued the item to July 28, 2004. 23. ASSESSMENT DISTRICT 162—THE VILLAS & 48 @ BARISTO Councilmember Pougnet declared Conflict of Interest due to financial interest and exited the Chamber. Council Minutes 07-21-04, Page 8 Recommendation: That the Council approve formation of a 1913 Act Assessment District, using 1915 Act Bonds for certain eligible public improvements for two development projects; The Villas, Tract 20977, located on the south side of Tahquitz Canyon Way, west of Cahuilla Road and 48 @ Baristo, Tract 30941, located on Baristo Road, west of Sunrise Way. Director of Public Works/City Engineer reviewed the staff report. Resolutions 21057, 21058, 21059 and 21060 (4) as recommended were presented; after which, it was moved by Foat, seconded by McCulloch and carried by the following vote, that R21057- R21060 be adopted. AYES: Members Foat, McCulloch and Mills NO: Mayor Oden ABSENT: Member Pougnet. Councilmember Pougnet reentered the Chamber. 24. 2004-05 COMPREHENSIVE FEE SCHEDULE REVISIONS Recommendation: That the Council amend the 2004-05 Comprehensive Fee Schedule as related to various fees at the Palm Springs International Airport. Director of Aviation reviewed the staff report. Resolution 21061 as recommended was presented; after which, it was moved by Foat, seconded by McCulloch and unanimously carried, that R21061 be adopted. 25. 2003-04 VEHICLE REPLACEMENT CYCLE Recommendation: That the Council approve the purchase of 10 vehicles as follows: six vehicles from Ramsey Street Ford for $146,499.96; two vehicles from Fiesta Ford for $56,745.77 and two vehicles from Municipal Maintenance Equipment for $57,248.65. Total purchase amount $260,494.38. Director of Procurement & Contracting reviewed the staff report. Minute Orders 7528, 7529 and 7530 (3) as revised, to delete Vehicle 10-Crown Victoria was presented; after which, it was moved by Foat, seconded by McCulloch and carried by the following vote that MO7528, MO7529 and MO7530 be adopted. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NO: Member Mills. Note: Motion to enact continuance of the meeting was presented; after which, it was moved by Pougnet, seconded by McCulloch and unanimously carried, that the meeting continue. Council Minutes 07-21-04, Page 9 ' 26. 2004 AMERICAN HEAT — PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND Recommendation: That the Council approve suspending certain regulatory ordinances to allow the 2004 American Heat, Palm Springs Motorcycle & Hot Road Weekend event to occur on and around adjoining street of the Prairie Schooner Parking Lot from October 8 through 10, 2004. Director of Parks and Recreation reviewed the staff report. Resolution 21062 as recommended was presented; after which, it was moved by Pougnet, seconded by Mills and unanimously carried, that R21062 be adopted. 27. NOVEMBER 2, 2004 SPECIAL MUNICIPAL ELECTION Recommendation: That the Council call and give Notice of holding a Special Municipal Election to add certain ballot measures related to the Admissions Tax and the Utility User Tax to the ballot; and designate authors for arguments regarding same for the November 2, 2004 election. City Attorney reviewed the measure. ' Resolution 21063 as revised (UUT), to 3% for 3 years; Section 2 to reflect multi- year costs was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, that R21063 be adopted. City Manager stated consideration of Ballot Arguments would be continued to July 28, 2004. 28. EARLY VOTING SITE 2004-05 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council consider participation with Riverside County Register of Voters in an early voting site to be located at the Palm Springs Mall; and amend the Fiscal Year 2004-05 budget for $40,000. City Manager reviewed the staff report and added that meetings had been held with the Registrar. Resolution 21064 as revised to $30,000 and Minute Order 7531 as recommended were presented; after which, it was moved by Foat, seconded by Pougnet and carried by the following vote that R21064 and MO7531 be adopted. AYES: Members Foat, Pougnet and Mayor Oden NO: Members McCulloch and Mills. 29. MUNICIPAL CODE AMENDMENT 9-1-1 ORDINANCE INTRODUCTION & FIRST READING Recommendation: That the Council approve the establishment of a 9-1-1 fee regarding 9-1-1 emergency calls. Council Minutes 07-21-04, Page 10 City Manager requested approval of the Ordinance. , City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 3.39 TO THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO 911 EMERGENCY COMMUNICATION SYSTEM RESPONSE FEES after which; it was moved by Mills, seconded by Foat and unanimously carried, that further reading be waived and the Ordinance be introduced for first reading. 30. ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: CITY COUNCIL reports or requests 31. Court Liaison Services — Hegranes — received &filed. 32. Treasurer's Investment Report as of May 31, 2004 — received & filed. , 33. Villagefest appointments/interviews — Direction to the City Attorney to draft Ordinance Amendment to add up to three new Board Members for Sept, 2004. 34. Planning Commission appointments — (2) Terms end 6-30-07. 35. Airport Commission appointment—Appointed A.D. Kessler-Term ends 6-30-05. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business Mayor declared the,meeting adjourned. PATRICIA A. SANDERS City Clerk r