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Home My WebLink About2001 - MINUTES - 9/12/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 12, 2001 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 12, 2001, at 7:00 p.m. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 7, 2001. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: (3-minute limit per person on matters within the jurisdiction of the Council). a) Jim Stuart, no address given, stated that there were no words for the recent tragedy on the East Coast; and added that the City does need to review the need for a regional commission for the Airport; that the larger commission does not accomplish as much as it did when it was smaller; and that there used to be more air carriers. b) Sermonies (sp), Save-A-Pet Kennels; urged support for the Valley-wide Animal Shelter. CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried, that Items 1 thru 5, Reller-Spurgin abstaining on the Minutes of July 12, 2001, be adopted. Review by City Manager of Consent Items to be clarified. 1. Minutes of July 12 & 25, 2001. 2. MO 6922 approving Change Order#1 to A4388 with Commercial Diversified Inc., for Bridge Repairs on Ramon Road for $117,000.20, CP97-20; and MO 6923 approving Amendment #1 to A4389 with the City of Cathedral City to increase the reimbursement allowance related thereto. 3. MO 6924 approving Amendment #1 to A3776 with Texas O.A.P. for office space at the airport terminal building, Suite B-229, for a period of three years, at no additional cost. 09-12-01, Page 2 4. MO 6925 approving Consent to Assignment from Richard Heckmann and Mary Heckmann to Heckmann Enterprises Inc., for airport hanger lease located at 3200 Camino Bombero. A3978. ' 5. MO 6926 concurring with the Community Redevelopment Agency awarding purchase of forty (40) additional decorative light fixtures from Delta Lighting Systems, Inc., for$69,402. (See CRA B). EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None 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. Councilmember Oden stated a recommendation had been made to the Board of Supervisors from the Riverside Energy Task Force containing three recommendations: That the baseline be based on the inadequacies of climate zones; that the summer months be April through October; and that the tiered rate system be abolished and the baseline be increased. Councilmember Reller-Spurgin requested report concerning the installation of security cameras for the downtown area. ' Mayor stated that the recent acts of terrorism in the United States were on a scale never experienced before; that there is a lot of emotion in the Country; that all should try to remain focused; that the act perpetrated was designed to disrupt America; that if everyday America is not productive the act succeeded; and that investigations will be done and action taken to deal with the situation. LEGISLATIVE ACTION: 6. MASTER BAIL SCHEDgLE MODIFICATION — DUST CONTROL VIOLATIONS Recommendation: That the Council amend the Revised Master Bail Schedule to provide specific penalties for the violation of the City's fugitive dust and erosion control ordinance. Director of Planning & Building stated that the maximum allowed is defined in the Municipal Code; that if there is a chronic violator a misdemeanor can be cited; that the fine is $1,000 or six months in jail; that it is the violator that is cited, not the developer for the job; and that if the Ordinance is enforced it will be effective. Councilmember Hodges stated that the Municipal Code should be revised to reflect a higher fine; that the City is experiencing a lot of problems with PM10; and that the proposed changes will mean nothing to a developer. ' Councilmember Oden questioned who would be cited for violations. Director of Planning & Building stated that the violator at the job site would be cited. Councilmember Oden questioned if the severity of the situation would be determined on the second offense. 09-12-01, Page 3 Director of Planning & Building stated that at the second offense the cite could be moved to misdemeanor status; that typically when an employee is cited, compliance is the result; that this process would allow the Fines to be progressive and to move to a misdemeanor on the second offense; and that in addition AQMD is notified in which case, fines can run in the thousands of dollars. Mayor questioned if the second offense is determined by job or by year. Director of Planning & Building stated that the cites could be counted either way; that there is sufficient personnel to enforce the ordinance; and that the matter could be brought back to Council if the program does not work. Councilmember Hodges stated that the increase means nothing; that the Council should just leave the fees as they are; that from personal experience, developers do not care; that preventive costs are high; that it is cheaper to pay a fine than hire a water truck; and that the fines should start at $1,000, second offense at $5,000 and third offense at $10,000. City Attorney stated that the misdemeanor program is set up within State Law confines; that in order to avoid the misdemeanor process, it is recommended to implement the citation process; that the result is typically quicker compliance; that a $10,000 fine can not be created for an infraction of the law; that if the citation process fails in compliance, then the misdemeanor program could be used. Councilmember Oden questioned if multiple citations could be issued at the same job site. Director of Planning & Building stated that whomever is in violation could be cited; that regarding the PM10 matters, the Building Industry has requested that a AQMD inspector be placed in the Valley; that once the AQMD becomes involved, it will allow the City to be more aggressive. Minute Order 6927 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that MO6927 be adopted. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges ABSENT: None. 7. AIRPORT CITATIONS Recommendation: That the Council amend Resolution 12967 to authorize certain airport officers and employees to exercise the arrest and citation authority conferred by Section 1.08.050 of the Palm Springs Municipal Code. Interim Director of Aviation reviewed the staff report. Councilmember Oden questioned if the actions were somewhat premature in light of recent happenings. Interim Director of Aviation stated that the action should be sufficient to meet any guidelines mandated. Resolution 20170 as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried, that R20170 be adopted. 09-12-01, Page 4 8. STATE LOBBYIST Recommendation: That the Council approve an agreement with Smith, Kempton & Watts for Statewide Lobbyist efforts for $45,000.00 and a term of one year. ' A4401. City Manager reviewed the staff report, no further report was given. Minute Order 6928 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that MO6928 be adopted. 9. OCOTILLO ENERGY FACILITY-AIR QUALITY REPORT Recommendation: That the Council approve Amendment #1 to A4400 with The Keith Companies Inc., in the amount of$1,000.00, increasing the total amount of agreement to $4,500.00; and Amendment #1 to A4399 with McDaniel Lambert, Inc., in the amount of $1,200.00, increasing the total amount of agreement to $6,199.00, for independent consulting services related to the Ocotillo Energy Facility environmental impacts. City Manager reviewed the staff report, no further report was given. Minute Orders 6929 and 6930 as recommended were presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried that MO6929 and 6930 be adopted. ' 10. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Interim Director of Aviation stated that the FAA had closed all airports; that the shut down is the first time in aviation history; that the terrorist acts in New York caused the closures; that the only planes that will be flying for the next few days will be military; that there will be new rules implemented by the FAA; that each airport will need to be certified for compliance before opening; and that passengers need to be aware to go to airports early and be prepared to be patient. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declar the meeting adjourned. PATRICIA A. SANDERS City Clerk