HomeMy WebLinkAbout12/6/2006 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, NOVEMBER 15, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the
Pledge.
INVOCATION: Mayor Oden called for a moment of silence.
ROLL CALL:
PRESENT: Councilmember McCulloch Councilmember Pougnet, Mayor Pro Tern
Foat, and Mayor Oden.
ABSENT: Councilmember Mills.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
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.
PRESENTATIONS:
Video of Mizell Senior Center, provide an overview of the Meals on Wheels Nutrition
Program.
Mayor Oden commented on the Meals on Wheels Program.
Mayor Oden and the City Council presented a Certificate of Appreciation for
Distinguished Community Service to Joel Hockberg for his dedicated contributions at
the Mizell Senior Center.
Mayor Oden and the City Council presented Certificates of Recognition to Ana
Calderon, Pete Crusoe, Irma Hernandez, Serafin Opinion, Charles Boesch, and Frank
Sanchez for Distinguished Community Service Awards for their dedicated contributions
at the Mizell Senior Center.
Mayor Oden and the City Council presented Dean Lockwood, Executive Director, Mizell
Senior Center, a Certificate of Appreciation.
Chief of Police Jeandron administered the Oath of Office to Police Officers Dawayne
Cox and Rodolfo Curiel.
California Highway Patrol Lt. Steward presented Palm Springs Police Officer Chris
Duthaler, the CHP /AAA 10851 Award.
Item No. n . B .
i
City Council Minutes
November 15, 2006
Page 2
Martin Baxter, Riverside County Department of Health, presented to the City Council the
Healthy Lung Award-
Mayor Oden expressed his appreciation to City staff members, especially to the Police,
Fire, and Public Works Departments.
,ACCEPTANCE, OF THE AGENDA:
Staff requested Items 2.M. and 2.N. be removed from the Consent Calendar for
discussion, and Mayor Pro Tem Foat noted her property related abstention on Consent
Calendar Item 2.K.
ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet,
seconded by Mayor Pro Tem Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tem Foat,
and Mayor Oder.
NOES: None.
ABSENT: Councilmember Mills.
1. PUBLIC HEARINGS:
1.A. ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
2005-1, ANNEXATION NO. 2, PUBLIC SAFETY SERVICES:
Troy Butzlaff, Assistant City Manager-Administration, provided
background information as outlined in the staff report dated November 15,
2006.
Mayor Oden opened the public hearing to receive public testimony and
property owner protests for the proposed Annexation No. 2 to the
Community Facilities District 2005-1 (Public Safety Services) and the
authorization to levy a special tax within the territory proposed to be
included in the District. No one came forth to address the City Council;
therefore, Mayor Oden closed the public hearing.
James Thompson, City Clerk, provided information regarding the election
and the proceedings, and called for the submission of any written
protests. There were no written protests submitted.
Councilmember McCulloch Commented on his opposition regarding
community facilities districts.
Mayor Pro Tem Foat commented on the importance of the community
facilities assessment districts and the importance of informing potential
homeowners that the property is in an assessment district.
City Council Minutes
November 15, 2006
Page 3
ACTION: 1) Adopt Resolution No. 21761, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING THE LEVY OF THE TAX TO THE
QUALIFIED ELECTORS;" 2) Adopt Resolution No- 21762, "A
' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF ANNEXATION NO. 2 OF THE CITY
OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE
ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 TO
FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT;" 3) Direct the City Clerk to open and
tabulate and canvass all valid ballots received by the City Clerk for the
annexation of territory to Community Facilities District No. 2005-1 (Public
Safety Services) of the City of Palm Springs, and to announce the results
and execute a Certificate of Election Returns. Motion Councilmember
Pougnet, seconded by Mayor Pro Tern Foat and carried 3-1 on a roll
call vote.
AYES: Councilmember Pougnet, Mayor Pro Tem Foat, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Mills.
Upon completion of the tabulation and canvass of the election results, City
Clerk Thompson cited election results:
Proposition A
Number of eligible Votes: 83
Total Votes Cast: 61
61 YES votes cast, 0 NO votes cast.
Propsition B
Number of eligible Votes: 83
Total Votes Cast: 61
61 YES votes cast, 0 NO votes cast.
City Council Minutes
November 15, 2006
Page 4
ACTION: 4) Adopt Resolution No. 21763, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN
ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO, 2005-1, PUBLIC SAFETY SERVICES, ANNEXATION NO.
2;" 5) Waive the reading of the ordinance text in its entirety and introduce
by title only, Ordinance No. 1705, "AN ORDINANCE OF THE CITY OF
i PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A
' SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY
• FACILITIES DISTRICT NO. 2005-1, PUBLIC SAFETY SERVICES,
ANNEXATION NO. 2." Motion Councilmember Pougnet, seconded by
Mayor Pro Tern Foat and carried 3-1 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Mills.
PUBLIC COMMENT:
DANA HOBART, Mayor Pro Tem of the City of Rancho Mirage, spoke regarding
the State and Tribal Casino Compact, and referenced material distributed to the City
Council prior to the start of the meeting, and is on file in the Office of the City Clerk. He
stated the current and proposed Compact allows cities to participate in the negotiations
of a proposed casino, and requested support from the City of Palms Springs in asking
that the new compact allow cities of adjacent areas to participate in the negotiations of a
proposed casino.
WENDIE BUSIG-KOHN, Palm Springs, spoke regarding the Hate Free City campaign.
ALAN FINKLE, Palm Springs, spoke regarding the resident golf card to play golf at
Tahquitz Creek Golf Course.
LEXIE MARTONE, Palm Springs, spoke regarding the construction noise within the
community.
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Oden commented with regard to statements by other city officials at the City
Council meeting during Public Comments.
CITY MANAGER'S REPORT: None.
City Council Minutes
November 15, 2006
Page 5
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K.
and, 21. Motion Mayor Pro Tom Foat, seconded by Councilmember
McCulloch and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro
Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the November 15,
2006, City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of October 25, 2006, and
November 1, 2006. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21764, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1016807 THROUGH 1016810 IN THE AGGREGATE
AMOUNT OF $261,460.42 DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 21765, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 10-21-06 BY
WARRANTS NUMBERED 411062 THROUGH 411121 TOTALING
$79,904.94, LIABILITY CHECKS NUMBERED 1016811 THROUGH
1016842 TOTALING $137,173.46, AND THREE WIRE TRANSFERS FOR
$63,456.74 AND THREE ELECTRONIC ACH DEBITS OF $936,037.33 IN
THE AGGREGATE AMOUNT OF $1,206,572.47 DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 21766, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1016843 THROUGH 1016845 IN THE AGGREGATE
AMOUNT OF $17,926,86 DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 21767, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1016846
THROUGH 1017067 IN THE AGGREGATED AMOUNT OF
$2,036,541.39 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
' City Council Minutes
November 15, 2006
Page 6
2.1). STAFF AUTHORIZED AGREEMENTS FOR OCTOBER 2006:
ACTION: Receive and file Staff Authorized Agreements covering the
period October 1 through October 31, 2006. Approved as part of the
Consent Calendar.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1704, ADDING CHAPTER 8.90 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE CODIFICATION AND
AMENDMENT OF THE CITY'S ADOPTED TRANSPORTATION
UNIFORM MITIGATION FEE:
ACTION: Waive further reading and adopt 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
ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE."
Approved as part of the Consent Calendar.
2.F. ACCEPTANCE OF HOMELAND SECURITY GRANT:
ACTION: 1) Adopt Minute Order No. 7959, Accepting a Homeland
Security Grant in the amount of $50,000; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2.G. PURCHASE OF SPECIALIZED EQUIPMENT FOR THE WASTEWATER
TREATMENT PLANT PER AGREEMENT WITH VEOLIA WATER
NORTH AMERICA-WEST, LLC:
ACTION: 1) Adopt Minute Order No. 7960, Approving the purchase of one
new John Deere 244J loader from RDO Equipment of Riverside, CA, via
CMAS Contract No. 401380012A in the amount of $64,031.52; 2) Adopt
Minute Order No. 7961, Approving the purchase of one new GapVax
Model VHD64F200 combination vacuum/sewer jet vehicle from Plumbers
Depot of Gardena, CA, via a cooperative purchase on Inland Empire
Utilities Agency RFP-RH-05-044 in the amount of $321,223.22; 3) Adopt
Resolution No, 21768, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2006-07;" and 4) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2.H. AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
CORRECTIONS, TO USE THE PALM SPRINGS POLICE
DEPARTMENT'S FIREARM RANGE:
ACTION: 1) Adopt Minute Order No. 7962, Approving a facility use
agreement with the State of California, Department of Corrections, to use
the Palm Springs Police Department's Firearm Range, in the amount of
$9,000, revenue to the City, through June 30, 2009; and 2) Authorize the
City Council Minutes
November 15, 2006
Page 7
City Manager to execute all necessary documents. A5335. Approved as
part of the Consent Calendar.
2.1. PURCHASE TWO ZOLL E-SERIES DEFIBRILLATORS AND RELATED
EQUIPMENT:
ACTION: Adopt Minute Order No. 7963, Approving the purchase of two
ZOLL E-Series ACLS defibrillators, related equipment, one year extended
warranty, and one year preventative maintenance, from ZOLL Medical
Corporation, in the amount of $50,597.78 using Riverside County contract
pricing. Approved as part of the Consent Calendar.
2.J. PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS G&M, INC.
FOR OVERSIGHT AND TECHNICAL ASSISTANCE RELATED TO THE
WASTEWATER TREATMENT PLANT:
ACTION: 1) Adopt Minute Order No. 7964, Approving an agreement with
Arcadis G & M, Inc. for oversight and technical assistance related to the
wastewater treatment plant for a 32-week period ending June 29, 2007;
and 2) Authorize the City Manager to execute all necessary documents.
A5372. Approved as part of the Consent Calendar.
2.K. 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: Adopt Resolution No. 21769, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
AN APPLICATION FOR CLASS 1 HISTORIC DESIGNATION OF THE
SPANISH INN LOCATED AT 640 NORTH INDIAN CANYON DRIVE."
Approved as part of the Consent Calendar, noting abstention of
Mayor Pro Tern Foat due to property ownership.
21. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2006.
ACTION: Receive and file Treasurer's Investment Report as of September
30, 2006. Approved as part of the Consent Calendar,
EXCLUDED CONSENT CALENDAR:
2.M. APPROVE AN EXTENSION OF THE CABLE TELEVISION FRANCHISE
AGREEMENT WITH TIME WARNER THROUGH JANUARY 2, 2008:
City Manager Ready stated there had been recent change in the State
legislation relating to franchises.
Ms. Buske, consultant, provided information on recent State legislation
regarding franchises.
City Council Minutes
November 15, 2006
Page 8
Councilmember Pougnet commented last time this topic was discussed
there were many issues, and requested an update on the contract
negotiations.
Mayor Pro Tern Foat requested additional information regarding the City's
ability to grant franchises.
Mayor Pro Tern Foat asked if the City has the ability to ask another cable
company to provide services.
Mayor Oden stated there will now be a competitive spirit, and the
challenge will be the possible start up of a new cable tv company in our
area, noting the new company will lack the experience.
Mayor Oden stated it would be helpful for Ms. Buske to provide updated
information in the future.
ACTION. 1) Adopt Resolution No. 21770, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, EXTENDING THE CABLE
TELEVISION FRANCHISE GRANTED TO PALMER CABLEVISION
UNDER AGREEMENT NO. A2792 THROUGH JANUARY 2, 2008;" 2)
Adopt Resolution No. 21771, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS EXTENDING THE CABLE
TELEVISION FRANCHISE GRANTED TO WARNER CABLE
COMMUNICATIONS UNDER AGREEMENT NO. A2535 THROUGH
JANUARY 2, 2008;" and 3) Authorize the City Manager to sign all
documents necessary to effectuate this action. A2792. A2535. Motion
Mayor Pro Tern Foat, seconded by Councilmember Pougnet and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor
Pro Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
2.N. EXCESS EARTHQUAKE/FLOOD INSURANCE COVERAGE -
RENEWAL:
Councilmember Pougnet commented regarding the increase in property
values, and expressed concerns for adequate insurance coverage.
Assistant City Manager-Administration Butzlaff provided background
information as provided in the staff report dated November 15, 2006,
Mayor Pro Tern Foat stated her support for adequate coverage.
City Council Minutes
November 15, 2006
Page 9
Councilmember McCulloch requested information regarding the portion of
the coverage that will be paid by the airport and the wastewater treatment
plant.
Councilmember McCulloch suggested approving that amount as provided
in the Fiscal Year 2006-07 Budget, and bring back to the full City
Council to consider approving the increased insurance premium amounts.
Mayor Pro Tem Foat requested additional information with regards to
which fund the $450,000 plus amount would be from.
Councilmember McCulloch stated taking monies from the airport could
impact the airport in a negative manner, and Councilmember McCulloch
inquired about the future sewer rates if funds from the wastewater
treatment plant were used.
ACTION: 1) Adopt Resolution No. 21772, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING EXCESS EARTHQUAKE/FLOOD INSURANCE
COVERAGE IN THE AMOUNT OF $618,763; 2) Adopt Resolution No.
21773, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR FISCAL
YEAR 2006-07," and 3) Authorize the City Manager to execute all
documents necessary_ Motion Mayor Pro Tern Poat, seconded by
Councilmember Pougnet and carried 3-1 on a roll call vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Mills.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE MODIFYING THE MEMBERSHIP AND THE
NUMBER OF MEMBERS ON THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION:
City Clerk Thompson provided the background information as outlined in
the staff report dated November 15, 2006.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1706,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.16.010, 2.16.020, AND 2.16.030 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP
OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION,"
City Council Minutes
November 15, 2006
Page 10
Motion Councilmember Pougnet, seconded by Mayor Oden and
carried 3-1 on a roll call vote.
i AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Mills.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCID_MEMBER COMMENTS AND REPORTS:
Councilmember Pougnet requested information on the revenue generated regarding the
resident golf cards.
Councilmember Pougnet asked if there are state laws dictating the number of voters to
be assigned to each precinct.
Mayor Oden commented on the chaotic issues on Election Day, and requested a letter
be prepare and send to the County Board of Supervisors expressing concerns of the
issues faced on Election Day.
Councilmember McCulloch requested an update and review of the residents golf card
program.
Mayor Oden asked City Manager Ready to provide a report on the downtown violation
actions.
Mayor Oden requested that Main Street provide a preliminary report with respect to the
sign ordinance, and requested a review of the sign ordinance.
Mayor Oden provided a summary on the recent activities and upcoming events of the
Office of the Mayor.
A video of the AOPA and the Veterans Day Parade was presented.
A video of the James O. Jessie Desert Highland Unity Center was presented.
City Council Minutes
November 15, 2006
Page 11
ADJOURNMENT: The City Council adjourned at 7:59 p.m_ to the Regular Meeting,
Wednesday, December 6, 2006, at 6:00 p.m. in the Council Chamber, City Hall,
preceded by a Closed Session at 4:30 p.m., Small Conference Room, City Hall, 3200
East Tahquitz Canyon Way, Palm Springs.
i
MAYOR
ATTEST:
City Clerk