HomeMy WebLinkAbout2006-11-01 CC MINUTESPALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, NOVEMBER 1, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M.
(PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor Bill Johnson, Palm Springs Presbyterian Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
ABSENT: Councilmember McCulloch and Councilmember Mills.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Oden and the City Council presented Assistant Chief Steve Lykins and Lt. John
Marinez, California Highway Patrol, with a Certificate of Recognition for their assistance
with the Palm Springs American Heat Motorcycle Weekend,
Mayor Oden and the City Council presented a Certificate of Recognition to the
California Highway Patrol for their assistance with the Palm Springs American Heat
Motorcycle Weekend.
Fire Chief Blake Goetz acknowledged Desert Fire Extinguisher Co. Inc. for their many
contributions to fire safety to the City and community of Palm Springs.
Mayor Oden and the City Council presented Maxwell Security Officer Geofrey [meson
with a Certificate of Recognition for his courage and action while assisting the Police
Department in the recovery of stolen property.
Mayor Oden announced the grand opening of the new building at the James O. Jessie
Desert Highland Unity Center.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 P.M. the
City Council called the meeting to order and recessed into Closed Session to discuss
matters on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Item 2.5. be removed from the Consent
Calendar for separate discussion, and Item 5.F. be tabled to the meeting of December
6, 2006.
City Council Minutes
November 1, 2006
Page 2
Councilmember Pougnet requested Item 2.5. be removed from the Consent Calendar
for separate discussion.
Mayor Pro Tern Foat requested Items 2.C. and 2.1-1, be removed from the Consent
Calendar for separate discussion, and noted her property ownership abstention on Item
2.R.
City Attorney Holland stated Item 2.R. requires three votes and requested the City
Council table the Item to November 15, 2006,
Mayor Oden requested Items 2.C., 2.F., 2.G., and 2.H. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tem Foat, seconded
by Councilmember Pougnet and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
1. PUBLIC HEARINGS:
I.A. TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2006 NEXUS
STUDY REPORT AND INCREASING THE TUMF AMOUNTS
APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM
SPRINGS AND AMEND BOUNDARIES OF APPLICABLE FEES:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated November 1, 2006,
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: 1) Adopt Resolution No. 21752, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE TRANSPORTATION UNIFORM MITIGATION FEE
(TUMF) 2006 NEXUS STUDY REPORT AND INCREASING THE TUMF
AMOUNTS APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF
PALM SPRINGS;" and 2) Introduce on first reading Ordinance No. 1704,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO THE CODIFICATION AND AMENDMENT OF THE CITY'S
City Council Minutes
November 1, 2006
Page 3
ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)."
Motion Councilmember Pougnet, seconded by Mayor Pro Tom Foat
and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
I.B. AN APPLICATION BY PEGASUS FINANCIAL ENTERPRISE, LLC
AGENT FOR NEW MESQUITE GREENS HOA, DESERT
MANAGEMENT, FOR TENTATIVE PARCEL MAP 33054 TO
SUBDIVIDE LAND FOR THE CONSTRUCTION OF THREE SINGLE-
FAMILY RESIDENTIAL UNITS ON APPROXIMATELY 1.31-ACRES
LOCATED ON SOUTH SUNRISE WAY, NEAR THE INTERSECTION OF
MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated November 1, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
1 Councilmember Pougnet requested staff provide additional information
with respect to the driveways off of Sunrise Way, and the configuration of
the sidewalks.
Mayor Oden requested staff address the Planning Commission discussion
of the driveways and the access from Sunrise Way.
Mayor Pro Tem Foat commented on the driveway access directly on
Sunrise Way, and requested staff address alternatives.
Mayor Oden requested staff address the approval process for the map
and the site plan which allowing access onto Sunrise Way.
Councilmember Pougnet commented on the setbacks, requested staff
address possible access from Mesquite, or an easement over the DWA
property.
ACTION: Return back to the Applicant and staff for further review with
respect to access options. Motion Mayor Pro Tom Foat, seconded by
Councilmember Pougnet and unanimously carried 3-0 on a roll call
vote.
AYES. Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
City Council Minutes
November 1, 2006
Page 4
I.C. AN APPLICATION BY ALCOA WIRELESS SERVICES OF SPRINT ,
NEXTEL, AGENT FOR DOUGLAS C. JONES, FOR A CONDITIONAL
USE PERMIT TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS
COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND
MECHANICAL EQUIPMENT WITHIN THE EXISTING BUILDING
LOCATED AT 3500 EAST TACHEVAH DRIVE, ZONED M-1-P,
SECTION 7:
David Newell, Assistant Planner, provided background information as
outlined in the staff report dated November 1, 2006.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
TOM HANNA, representing Sprint Nextel, provided background
information and outlined the need for the cell tower.
Mayor Pro Tern Foat requested the Applicant address fencing.
Councilmember Pougnet requested staff address a wall surrounding the
monopalm.
Mayor Pro Tern Foat requested a map of all cell towers in the City. ,
WILLIAM FERRA, Palm Springs, commented on the visual aspects of cell
sites, and requested the City Council approve the tower.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 21753, "A RESOLUTION OF THE. CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 5.1109 TO INSTALL A
FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATION ANTENNA
DESIGNED AS A MONOPALM AND MECHANICAL EQUIPMENT
WITHIN THE EXISTING BUILDING LOCATED AT 3500 EAST
TACHEVAH DRIVE, ZONED M-1-P, SECTION 7." Motion
Councllmember Pougnet, seconded by Mayor Oden and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
City Council Minutes
November 1, 2006
Page 5
PUBLIC COMMENT:
MARLENE EISENBERG, Palm Springs, commented on the conditions at the Palm
Springs Animal Shelter.
BRIAN LINNEKENS, thanked the City Council for their efforts to the City.
JOHN WILLIAMS, Palm Springs, stated his support for Item 5.A. and requested City
Council support.
BOB HELBLING, Palm Springs, commented on the Palm Hotel project and the pending
litigation.
MIKE BALASA, spoke in favor of Item 5.A., and requested City Council support.
ADAM GROSSO, Palm Springs, spoke in support of Item 5.A. and requested the City
Council support a Hate Free Community.
DOUG HAIRGROVE, spoke in support of Item 5.A., the Hate Free City Resolution.
MAILE KLEIN, Palm Springs, spoke in support of Item 5.A. the Hate Free City
Campaign.
CLAIRE JORDAN GRANT, Palm Springs, spoke in support of Item 5.A. and requested
the City Council support the Hate Free City Campaign.
TOM SWANN, Rancho Mirage, requested the Veterans for Peace be allowed to
participate in the Veteran's Day Parade.
WENDY BUSIG-KOHN, Palm Springs, commented on Item 5.A. and suggested the
word "Hate" be replaced with a positive image.
PHYLLIS SILVER, Palm Springs, commented on Item S.A. and stated there is no need
for this action.
DANA STEWART, Palm Springs, commented on compacts for Indian Gaming and the
upcoming November 7, 2006, election.
CANDY CORBETT, commented on the candidates for the upcoming November 7,
2006, election.
City Council Minutes
November 1, 2006
Page 6
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Pro Tem Foat commented on a recent article in the Desert Sun regarding the
litigation of the Palm Hotel and requested staff review the request of the Veteran's for
Peace in the Veteran's Day Parade.
CITY MANAGER'S REPORT: City Manager Ready updated the City Council on Code
Enforcement Activities in the City.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.D., 2.E., 2.1., 2.J., 2.K., 2.L., 2.M., 2.N.,
2.0., 2.P., 2.Q., and 2.R. Motion Councilmember Pougnet, seconded by
Mayor pro Tern Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the November 1,
2006, City Council Agenda, Approved as part of the Consent Calendar.
2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21754, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 10-07-06 BY WARRANTS NUMBERED 411011 THROUGH
411061 TOTALING $73,036.49, LIABILITY CHECKS NUMBERED
1016404 THROUGH 1016454 TOTALING $137,058,09, THREE WIRE
TRANSFERS FOR $77,991.80 AND THREE ELECTRONIC ACH DEBITS
OF $1,020,053.23 IN THE AGGREGATE AMOUNT OF $1,308,139.61
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21755, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1016456 THROUGH 1016748
IN THE AGGREGATE AMOUNT OF $2,546,765.92 DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 21756, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1016749 THROUGH 1016806 IN THE AGGREGATE
AMOUNT OF $94,673.11 DRAWN ON BANK OF AMERICA." Approved
as part of the Consent Calendar.
City Council Minutes
November 1, 2006
Page 7
2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE PROTECTED -PERMISSIVE
SIGNAL CONVERSION PROJECT, CITY PROJECT 05-07:
ACTION: Adopt Minute Order No. 7944, Approving the plans,
specifications and working details for the Protected -Permissive Signal
Conversion Project, City Project 05-07, and authorizing staff to advertise
and solicit bids. Approved as part of the Consent Calendar.
2.E. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2006:
ACTION: Receive and file Treasurer's Investment Report as of August 31,
2006. Approved as part of the Consent Calendar.
2.1. EXTENSION OF RETENTION PERIOD FOR PROPERTY ACQUIRED
BY THE COMMUNITY REDEVELOPMENT AGENCY USING FUNDS
FROM LOW AND MODERATE INCOME HOUSING FUND AND
AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE
DEVELOPMENT OF THE SITE WITH MODERATE -INCOME, FOR -SALE
HOUSING:
ACTION: 1) Adopt Resolution No. 21757, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING THE PERIOD FOR RETAINING PROPERTY ACQUIRED
BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS USING FUNDS FROM LOW AND MODERATE
INCOME HOUSING FUND;" and 2) Authorize staff to finalize and issue a
request for proposals for the development of the site with moderate -
income, for -sale housing. Approved as part of the Consent Calendar.
2.J. AWARD OF CONTRACT FOR THE AVENIDA CABALLEROS
SHOULDER PAVING, CITY PROJECT 05-08:
ACTION: 1) Adopt Minute Order No. 7948, Approving an agreement with
NPG Corporation in the amount of $34,444.00 for the Avenida Caballeros
Shoulder Paving Project, City Project No. 05-08; and 2) Authorize the City
Manager to execute all necessary documents. A5362. Approved as part
of the Consent Calendar.
2.K. CONTRACT SERVICES AGREEMENT IN THE AMOUNT OF $65,270
WITH DATELAND CONSTRUCTION CO., INC. FOR VILLAGEFEST
BOLLARD PROJECT, CITY PROJECT 05-25:
ACTION: 1) Adopt Minute Order No. 7949, Approving a contract services
agreement with Dateland Construction Co., Inc., in the amount of
$65,270., for the VillageFest Bollard Project, City Project 05-25; and 2)
Authorize the City Manager to execute all necessary documents. A5363.
Approved as part of the Consent Calendar.
City Council Minutes
November 1, 2006
Page 8
2.L. MEMORANDUM OF UNDERSTANDING - PALM SPRINGS FIRE
'
SAFETY UNIT - PSFSU:
ACTION: 1) Adopt Resolution No. 21758, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE
SAFETY UNIT (PSFSU), FOR THE PERIOD JULY 1, 2006, THROUGH
JUNE 30, 2009, SUBJECT TO THE UNIT'S RATIFICATION AND
EXECUTING THE MEMORANDUM OF UNDERSTANDING;" 2) Authorize
the City Manager to execute the Memorandum of Understanding in a form
acceptable to the City Attorney; 3) Adopt Resolution No. 21769, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY
RESOLUTION NO. 21612;" and 4) Adopt Resolution No. 21760, "A
RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2006-07." A5364. Approved as part of the Consent Calendar.
2.M. SUPPLEMENTAL PREMIUM FOR EXCESS WORKERS '
COMPENSATION INSURANCE FOR FISCAL YEAR 2005-06:
ACTION: Adopt Minute Order No. 7960, Authorizing payment of the
supplemental premium for the City Of Palm Springs excess workers
compensation insurance for Fiscal Year 2005-06 to Davis and Graeber
Insurance Services Inc. Approved as part of the Consent Calendar.
2.N. AGREEMENT TO PROVIDE JAIL SERVICES TO THE CITY OF
DESERT HOT SPRINGS AT THE CITY OF PALM SPRINGS JAIL:
ACTION: 1) Adopt Minute Order No. 7951, Approving an agreement with
the City of Desert Hot Springs to provide jail services at the City of Palm
Springs Jail; and 2) Authorize the City Manager to execute all necessary
documents. A5365. Approved as part of the Consent Calendar.
2.0. MULTI -AGENCY COOPERATIVE AGREEMENT FOR THE
INTEGRATION OF A COMPUTER AIDED DISPATCH I RECORDS
MANAGEMENT AND MOBILE DATA COMMUNICATIONS SYSTEM:
ACTION: 1) Adopt Minute Order No. 7952, Approving an agreement with
the City of Cathedral City, the City of Desert Hot Springs, and the City of
Indio for CAD/RMS and MDC data sharing; and 2) Authorize the City
Manager to execute all necessary documents. A5366. Approved as part
of the Consent Calendar. 1
City Council Minutes
November 1, 2006
Page 9
2.P. ACCEPTANCE OF A DUI CHECKPOINT GRANT FROM THE
CALIFORNIA OFFICE OF TRAFFIC AND SAFETY:
ACTION: 1) Adopt Minute Order No. 7953, Authorizing the acceptance of
a DUI Checkpoint Grant from the California Office of Traffic and Safety
(OTS) in the amount of $22,519.14; and 2) Authorize the City Manager to
execute all necessary documents. A5367. Approved as part of the
Consent Calendar.
2.0. PROPOSED AGREEMENT WITH THE PALM SPRINGS AIR MUSEUM
TO PROVIDE COMMUNITY ASSISTANCE FUNDING IN THE AMOUNT
OF $30,000:
ACTION: 1) Adopt Minute Order No. 7954, Approving a Community
Assistance Funding Agreement with the Palm Springs Air Museum, not -to -
exceed $30,000, in a form acceptable to the City Attorney; and 2)
Authorize the City Manager to execute the agreement. A5368. Approved
as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.C. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM-ACDBE:
Mayor Oden requested staff address Disadvantaged Business Enterprise
Program and requested additional criteria with respect to diversity for a City wide
program.
Mayor Pro Tern Foat commented on the previous Council requests for a local
program.
ACTION: 1) Adopt Minute Order No. 7943, Approving the City of Palm Springs
International Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program, pending FAA approval; and 2) Authorize the City Manager to execute
all necessary documents. Motion Councilmember Pougnet, seconded by
Mayor Oden and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden,
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
2.F. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2006-07 CITYWIDE SEWER REPAIRS, CITY
PROJECT NO. 06-04:
Mayor Oden commented on the sewer project and warned residents of impacts
to traffic during construction,
City Council Minutes
November 1, 2006
Page 10
ACTION: Adopt Minute Order No. 7945, Approving the plans, specifications and '
working details for the 2006-07 Citywide Sewer Repairs, City Project 06-04, and
authorizing staff to advertise and solicit bids. Motion Councilmember Pougnet,
seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch, and Councilmember Mills.
2.G. EVENT SPONSORSHIP AGREEMENT WITH PALM SPRINGS ART MUSEUM
FOR THE K. D. LANG CONCERT:
Mayor Oden thanked staff and the Palm Springs Art Museum, announced and
encouraged Palm Springs residents to attend the concert.
ACTION: 1) Adopt Minute Order No. 7946, Approving an event sponsorship with
the Palm Springs Art Museum for the K. D_ Lang concert in a form acceptable to
the City Attorney; and 2) Authorize the City Manager to execute all necessary
documents. A5360. Motion Mayor Pro Tern Foat, seconded by
Councilmember Pougnet and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
2.H. NON-EXCLUSIVE OPERATING & LEASE AGREEMENT WITH USO -
GREATER LOS ANGELES AREA, INC. FOR TERMINAL SPACE TO
OPERATE A USO SERVICE CLUB AT PALM SPRINGS INTERNATIONAL,
AIRPORT:
Mayor Pro Tern Foat thanked staff for bringing this item forward and announced
the opportunities.
Mayor Oden thanked staff and the USO, and commented on the opportunities.
ACTION: 1) Adopt Minute Order No. 7947, Approving a Non -Exclusive Operating
and Lease Agreement with USO - Greater Los Angeles Area, Inc. for Terminal
Space to operate a USO Service Club effective November 1, 2006 and valid until
October 31, 2011; and 2) Authorize the City Manager to execute all necessary
documents contingent upon Federal Aviation Administration (FAA) approval.
A5361. Motion Councilmember Pougnet, seconded by Mayor Oden and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None. '
ABSENT: Councilmember McCulloch and Councilmember Mills.
City Council Minutes
November 1, 2006
Page 11
2.R. PROPOSED RESOLUTION DENYING THE APPLICATION FOR THE CLASS 1
HISTORIC DESIGNATION OF THE SPANISH INN, LOCATED AT 640 NORTH
INDIAN CANYON DRIVE AS A CLASS 1 HISTORIC SITE:
ACTION: Tabled to November 15, 2006 under Acceptance of the Agenda.
2.S. WAIVER OF THE PALM SPRINGS AIR MUSEUM $0.25 PER TICKET
ADMISSION FEE THROUGHOUT THE TERM OF AND SPECIFIC TO THE DA
VINCI PROGRAM, NOVEMBER 3, 2006 - MARCH 24, 2007:
Mayor Oden commented on the vote of the Airport Commission.
Councilmember Pougnet requested background information and who is
responsible for the payment of the .25 cents per ticket.
Mayor Oden requested staff address the discussion at the Airport Commission
meeting.
Councilmember Pougnet requested staff address the fee waiver for marketing.
Mayor Pro Tern Foat commented on the event and the importance of the
promotion of the event and the City.
Mayor Oden requested staff address the discussion of the funding by the Airport
Commission, and commented on the benefits of the Museum to the community.
ACTION: 1) Adopt Minute Order No. 7955, Approving the waiver of the Palm
Springs Air Museum $025 Per Ticket Admission Fee specific to the Da Vinci
Program effective November 3, 2006, through March 24, 2007; 2) Authorize the
City Manager to execute all necessary documents. A5369. Motion
Councilmember Pougnet, seconded by Mayor Pro Tern Foat and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
3. LEGISLATIVE:
3.A. INITIATION OF ZONE TEXT AMENDMENT TO SECTION 93.20 (SIGNS)
OF THE PALM SPRINGS ZONING CODE RELATED TO TEMPORARY
CONSTRUCTION SIGNS:
Craig Ewing, Director of Planning Services, provided background
1 information as outlined in the staff report dated November 1, 2006.
ACTION: Initiate an amendment to the Zoning Code, pursuant to Palm
Springs Zoning Code Section 94.07.01.A.1.b, to revise regulations for
City Council Minutes
November 1, 2006
Page 12
temporary construction signs contained in Section 93.20 (Signs) and '
submit the matter to the Planning Commission for public hearing and
recommendation. Motion Councilmember Pougnet, seconded by
Mayor Pro Tom Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None,
ABSENT: Councilmember McCulloch and Councilmember Mills.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
S.A. PROPOSED RESOLUTION AUTHORIZING THE PALM SPRINGS
HUMAN RIGHTS COMMISSION TO EMBARK ON A "HATE -FREE
CITY" CAMPAIGN:
Barbara Barrett, Human Rights Commission, provided background
information as outlined in the staff report dated November 1, 2006.
Councilmember Pougnet requested staff address the 60% target rate,
other communities that have adopted a Hate Free City Campaign, and
comment on the possible effects on Tourism. '
Mayor Oden recommended the Commission meet with the full City
Council, affording the full Council an opportunity to express their ideas and
concerns.
Mayor Pro Tern Foat requested the first paragraph be removed from the
Resolution, and recommended that the City Council move forward with the
Resolution as amended.
Councilmember Pougnet requested staff address that no action to declare
a Hate Free City is being taken with this action.
Mayor Pro Tern Foat recommended a Study Session with the City Council
at about half -way through the process.
Mayor Oden recommended a Joint Meeting of the City Council and the
Human Rights Commission.
ACTION: Adopt Resolution, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE
ESTABLISHMENT OF A PROGRAM FOR THE. DEVELOPMENT OF A '
"HATE -FREE CITY" CAMPAIGN" as amended by deleting the first
City Council Minutes
November 1, 2006
Page 13
paragraph. Motion Mayor Pro Tern Foat, seconded by Councilmember
Pougnet and failed 2-1 on a roll call vote.
AYES: Councilmember Pougnet, and Mayor Pro Tem Foat.
NOES: Mayor Oden.
ABSENT: Councilmember McCulloch and Councilmember Mills.
Direct staff to schedule a Joint Meeting of the City Council and the Human
Rights Commission at the first available date to allow the entire City
Council to participate in the policy discussion. By consensus of the City
Council.
S.B. GREASE CONTROL DEVICE INCENTIVE PROGRAM:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated November 1, 2006.
Councilmember Pougnet commented on the initial direction of the City
Council with regard to this program.
Mayor Oden stated the businesses not in compliance should be cited, and
requested staff address several components of the program.
Mayor Pro Tern Foat requested staff address the involvement of the
restaurateurs and Main Street, and commented the program should be by
priority zone, as opposed to a first come, first -serve basis.
ACTION: Adopt Minute Order No. 7956, Approving the City of Palm
Springs Grease Control Device Incentive Program. Motion
Councilmember Pougnet, seconded by Mayor Pro Tern Foat and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
5.C, REQUEST FOR EVENT SPONSORSHIP FOR THE 3rd ANNUAL
TASTE OF PALM SPRINGS:
Troy Butzlaff, Assistant City Manager, Administration, provided
background information as outlined in the staff report dated November 1,
2006.
Mayor Oden stated he attended the meeting with the Bureau of Tourism
and the restaurants of Palm Springs who were not in favor of this event
across the board.
City Council Minutes
November 1, 2006
Page 14
Mayor Pro Tem Foat commented on the response from restaurant owners
and the lack of benefits to the City from the event.
ACTION: 1) Receive and file request for event sponsorship. Motion
Councilmember Pougnet, seconded by Mayor Oden and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
5,D, AWARD OF CONTRACT FOR THE 2006-07 ANNUAL SLURRY SEAL
CITY PROJECT 06-13:
City Manager Ready provided background information as outlined in the
staff report dated November 1, 2006.
Mayor Pro Tem Foat commented on the past performance of the
contractor, stated she requested an MDB program for these types of
projects, and expressed her concerns with the contractor but indicated she
would support the approval only to keep the project moving.
ACTION: 1) Adopt Minute Order No. 7957, Approving an agreement with
Bond Blacktop, Inc., in the amount of $689,434.47 for Bid Schedules A
through E (inclusive), for the 2006-07 Annual Slurry Seal City Project No.
06-13; and 2) Authorize the City Manager to execute all necessary
documents. A5370. Motion Councilmember Pougnet, seconded by
Mayor Oden and unanimously carried 3-0 on a roll call vote,
AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden.
NOES: None.
ABSENT: Councilmember McCulloch and Councilmember Mills.
5.E. AUTHORIZATION TO SUBMIT AN APPLICATION TO CALIFORNIA
COMMUNITIES FINANCING PROGRAM TO ISSUE PENSION
OBLIGATION BONDS:
Troy Butzlaff, Assistant City Manager, Administration, provided
background information as outlined in the staff report dated November 1,
2006.
ACTION: 1) Adopt Minute Order No, 7958, Authorizing staff to submit an
application to the California Communities Financing Program to issue
Pension Obligation Bonds in its next available pool; and 2) Direct staff to
return to the City Council with the necessary Resolutions and Agreements '
to begin the validation process. Motion Mayor Pro Tem Foat, seconded
by Mayor Oden and unanimously carried 3-0 on a roll call vote.
City Council Minutes
November 1, 2006
Page 15
AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden.
NOES: None,
ABSENT, Councilmember McCulloch and Councilmember Mills.
5.1=. 2006 FIREFIGHTER STAFFING FEDERAL GRANT - SAFER:
ACTION: Tabled to December 6, 2006, under Acceptance of the Agenda.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Pougnet announced the upcoming RSVP event and Senior Citizen
Volunteering for agencies.
Mayor Oden announced the upcoming activities and events attended by the Mayor's
Office.
,ADJOURNMENT: The City Council adjourned at 8:41 P.M. to a Study Session,
Wednesday, November 8, 2006, at 6:00 P.M. in the Council Chamber, City Hall,
preceded by a Closed Session at 5:00 P.M., Small Conference Room, City Hall, 3200
East Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
I5th DAY OF NOVEMBER, 2006.
MAYOR
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/Ity Clerk