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Home My WebLink About1/19/2005 - STAFF REPORTS CITY OF PALM SPRINGS CITY COUNCIL MINUTES November 3, 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, November 3, 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 The meeting was opened with the Salute to the flag and posting of colors by Boy Scout Troop 262, and an invocation by Reverend Fred Myers. REPORT OF POSTING OF AGENDA: The Acting City Clerk reported the agenda was posted in accordance with established policies and procedures on Friday, October 29, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. City Attorney stated no reportable action was taken in Closed Session. PRESENTATIONS: None COMMUNITY REDEVELOPMENT AGENCY/HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business PUBLIC COMMENTS: Robin Burns, Palm Springs, thanked the Mayor and Council for allowing taxi cab advertising. Jim Stewart, Palm Springs, complained about the political signs that have not been removed, relating to the election held November 2, 2004. Lobo Vadensccarce, Palm Springs, spoke against Hillside and Palm Hills development. Harold Stone, Palm Springs, spoke about the prompt medical emergency service received from the Fire Department. Robert Evans, Palm Springs, commented on the paving of streets in the Movie Colony and thank the City Council. Reed Brown, Palm Springs, spoke of the First Friday event. Ernest Vincent, Palm Springs, spoke in support of Item 11. �. C City Council Minutes November 3, 2004 The following persons spoke in support of Item 12: Frank Gaydos, Palm Springs Dana Stewart, Palm Springs Joan Taylor, Palm Springs Nickie McLaughlin, Palm Springs Joan Martin, no speaker card submitted, spoke in support of Items 12 and 13. Matilda Jones, Palm Springs, spoke in support of Items 12 and 13. Jerry Best, no speaker card submitted, spoke of the budget shortfall. APPROVAL OF CONSENT AGENDA: Items 1 thru 8. CONSENT AGENDA: On motion by Councilmember McCulloch, seconded by Mayor Pro Tern Mills, and carried unanimously (5-0-0), Consent Agenda Items 1, 2, 3, 5, and 8 were approved as presented. Review by City Manager of Consent Items to be clarified. 1. Res 21120 adopting an investment policy governing the investment of City Funds. 2. MO 7578 approving memorandum of agreement with the U.S. Department of Interior Bureau of Indian Affairs Pacific Regional Office for vehicle reimbursement for wildland fire suppression costs incurred on Indian trust lands. A4988 3. MO 7579 approving the purchase of fire safety equipment and parts of self contained breathing apparatus from Allstar Fire Equipment Inc in the amount of $51,395.78. 4. See Extended Consent Agenda. 5. MO 7580 approving the cooperative purchase of carpet tile from Inviron mental ist for the Convention Center Phase II Expansion, in the amount of$221,051.67. 6. See Extended Consent Agenda 7. MO ---- approving Change Order 2 of A4863 with Contreras Construction Co, for the Convention Center parking lot, an increase of $28,412.00. CP02-27 A4863 Withdrawn Page 2 City Council Minutes November 3, 2004 8. Res 21121 and 21122 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 1000905 Animal Medical Hospital Business Related Mills 1000906 Animal Medical Hospital Business Related McCulloch 1000950 Desert Fire Ext. Business Related EXTENDED CONSENT AGENDA: 4. Res 21123 approving the City's excess earthquake/flood insurance premium renewals effective November 20, 2004. Director of Human Resources presented the staff report. Councilmember Pougnet moved to approve excess insurance coverage in the amounts of $2.5 million first layer, $7.5 million second layer, and $32.5 million third layer, with premium costs at $95,000, $154,838, and $108,387, respectively, starting November 20, 2004 for a period of one year, seconded by Councilmember Foat. Motion did not pass at the call of roll: AYES: Councilmembers Foat and Pougnet NO: Councilmember McCulloch, Mayor Pro Tern Mills, and Mayor Oden On motion by Mayor Pro Tern Mills, seconded by Councilmember McCulloch, and carried by a majority (4-1-0, Pougnet no) Res 21123 was adopted approving the excess insurance coverage in the amounts of$2.5 million first layer and $7.5 million layer with premium costs at $95,000 and $154,838, respectively, starting November 20, 2004 for a period of one year. 6. MO 7581 approving a contract with International Pavement Solutions Inc, for bid schedules A thru G, for the 2004 Citywide ARHM Overlay Project, in the amount of$325,892.00. CP04-01 A4989 On motion by Mayor Pro Tern Mills, seconded by Councilmember Pougnet, and carried by a unanimous roll call vote (5-0-0), MO 7581 was adopted approving a contract with International Pavement Solutions Inc, for bid schedules A thru G, for the 2004 Citywide ARHM Overlay Project, in the amount of$325,892.00. PUBLIC HEARINGS: 9. TENTATIVE TRACT MAP 31905 — 190 CALLE ENCELIA SOUTH — PALM SPRINGS MARQUIS LLC Recommendation: That the Council approve Tentative Tract Map 31905 for a condominium map subdividing 1.71 acre site for 86 timeshare units, located at 190 Calle Encelia South, R4-VP-IL, Section 14. Page 3 City Council Minutes November 3, 2004 Director of Planning Services presented the staff report and stated this public hearing was continued from the meeting of October 20, 2004. There being no persons wishing to address the Council on this matter, Mayor Oden closed the public hearing. On motion by Councilmember Pougnet, seconded by Mayor Pro Tern Mills, and carried by unanimous (5-0-0) roll call vote, Res 21124 was adopted approving Tentative Tract Map 31905 for a condominium map subdividing 1.71 acre site for 86 timeshare units, located at 190 Calle Encelia South, R4-VP-IL, Section 14. 10. AIRPORT PASSENGER FACILITY CHARGE SUBORDINATE REVENUE BONDS—2004 SERIES—TEFRA HEARING Recommendation: That the Council approve and authorize issuance, sale and delivery of Airport Passenger Facility Charge Director of Finance presented the staff report, Mayor Oden declared the public hearing open, there being no persons coming forward to address the Council, Mayor Oden closed the public Hearing. On motion by Councilmember Foat, seconded by Councilmember Pougnet, and carried by a unanimous (5-0-0) roll call vote, Res 21125, as recommended, was adopted approving and authorizing issuance, sale and delivery of Airport Passenger Facility Charge. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Mayor and 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. LEGISLATIVE ACTION: 11. RECONSIDER ASSESSMENT DISTRICT 162 Recommendation: That the Council approve the formation of a 1913 Act Assessment District using 1915 Act Bonds for certain eligible public improvements for two separate development projects, `The Villas" Tract 29077 located on the south side of Tahquitz Canyon Way west of Cahuilla Road; and "48 @ Baristo" Tract 30941 located on the Baristo Road west of Sunrise Way. A4990 Councilmember Pougnet declared business client related conflict of interest and exited the Council Chamber. Director of Public Work/City Engineer presented the staff report. Mayor Oden moved to reconsider Assessment District 162, seconded by Mayor Pro Tem Mills, and carried by a majority (4-0-1, Pougnet absent), the Council shall reconsider the formation of a 1913 Act Assessment District using 1915 Act Bonds for certain eligible public improvements for two separate development projects, "The Villas" Tract 29077 located on the south side of Tahquitz Canyon Page 4 City Council Minutes November 3, 2004 Way west of Cahuilla Road; and "48 @ Baristo" Tract 30941 located on the Baristo Road west of Sunrise Way. On motion by Councilmember McCulloch, seconded by Councilmember Foat, and carried by a majority (4-0-1, Pougnet absent) roll call vote the following resolutions, as recommended, relating to the formation of Assessment District 162 were adopted: Res 21126 as recommended. (Water Facilities Agr.) Res 21127 as recommended. (Ballot results) Res 21128 as recommended (Eng rprVassessment) Res 21129 as recommended. (Ratifying all action) Res 21130 as recommended. (Bond issue). Res 21131 as recommended. (assessments) Councilmember Pougnet re-entered the Council Chamber. 12. SPECIAL MUNICIPAL ELECTION — HILLSIDE INITIATIVE Continued from 10-06-04 Recommendation: That the Council consider calling an election to be held 2005, Special Municipal Election, and the designation of authors for the ballot argument. Director of Strategic Planning, provided a visual presentation, after discussion, on motion by Mayor Pro Tern Mills, seconded by Councilmember Foat, and carried by a unanimously (5-0-0) roll call vote staff was directed to present a resolution calling a Special Municipal Election to be held March 8, 2005, explore other election possibilities to include an all mail ballot election, and costs to be presented to Council on November 10, 2004. Mayor Oden requested to be excused for personal reasons, requested Mayor Pro Tern Mills to chair the meeting temporarily, and exited the Council Chamber. 13. SPECIAL MUNICIPAL ELECTION — PALM HILLS REFERENDUM Continued from 10-20-04 Recommendation: That the Council consider calling an election to be held 2005, Special Municipal Election, and the designation of authors for the ballot argument. Continued to 11-10-04 Due to the direction to staff to present a resolution calling a Special Municipal Election to be held March 8, 2005, explore other election possibilities to include an all mail ballot election, and costs to be presented to Council on November 10, 2004, relating to the Hillside Initiative, Acting City Clerk requested action be deferred to November 10, 2004. On motion by Councilmember Foat, seconded by Councilmember Pougnet, and carried by a majority (4-0-1, Oden absent) staff was directed to present a resolution calling a Special Municipal Election to be held March 8, 2005, to be presented to Council on November 10, 2004. 14. AGREEMENT FOR TOURISM RELATED SERVICES— SMG Page 5 City Council Minutes November 3, 2004 Continued from 10-20-04 Recommendation: That the Council approve an agreement for tourism related services for a period of 4 years with SMG. City Manager presented the staff report. Mayor Oden returned to the Council Chamber, and resumed his mayoral duties. After discussion, on motion by Councilmember Foat, seconded by Councilmember Pougnet, and carried by a unanimous (5-0-0) roll call vote MO 7582 was adopted approving an agreement for tourism related services for a period of 4 years with SMG. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: Councilmember Foat requested an update relating to the regulation of taxi cabs. Councilmember McCulloch requested a report detailing items approved but have not been expended. Mayor Pro Tern Mills requested the following: • Report on the status of the Indian Manor remodel; • Report from the Building Department on the tracking system to include examples of projects and scope; and • Staff to review the signage at the new business near the corner of Sunrise and Ramon, Moe's Southwest BBQ and if two signs are allowed, requested authority approving the two signs be provided. Councilmember Pougnet requested a report on the demographics of the tourists in Palm Springs. Mayor Oden stated the flashing cross walk at Miraleste and Racquet Club stops flashing too soon and requested staff to look into it. CITY COUNCIL reports or requests 15. VillageFest Board Appointment - (1) Short Term ending: June 30, 2006 Acting City Clerk reported the receipt of VillageFest Boardmember McAuliffe's letter of resignation, the vacancy has been posted, and will bring item back to Council for action November 17, 2004. PUBLIC reports or requests Dana Stewart, Palm Springs, spoke in support of the Hillside Initiative. Page 6 City Council Minutes November 3, 2004 STAFF reports or requests: None ADJOURN: There being no further business, Mayor Oden adjourned the meeting at 10:26 p.m. Respectfully submitted, Kathie Hart, CIVIC Acting City Clerk Page 7