HomeMy WebLinkAbout9/3/2008 - STAFF REPORTS - 2.B. City Council Minutes
July 30, 2008
Page 18
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. 1745,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO EVENT HOUSES;"amending the ordinance to provide for
the posting of signage during the event, or mail notification to properties
Ch�nyL 300 feet from the event house, amend the application for permit to 60-
-�arrr ADD days, and remove the maximum number of events at the discretion of the
`JD C.ayl-td- City Manager. Motion Councilmember Weigel, seconded by
Councilmember Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: Mayor Pro Tem Foat.
3.C. PROPOSED ORDINANCE RELATING TO VACANT AND BOARDED
BUILDINGS:
City Attorney Holland provided background information as outlined in the
staff report dated July 30, 2008.
Councilmember Mills commented on the posting of signage.
Councilmember Hutcheson questioned if an inspection is required, the
dressing up of windows, and recommended the monitoring fee on a
monthly or quarterly basis.
Mayor Pro Tern Foat requested clarification on who is responsible for
inspection on foreclosed properties-
Councilmember Mills expressed concern with the posting requirement.
Councilmember Weigel stated this is a training issue for all City
Departments and staff.
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. 1746,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF VACANT
AND BOARDED BUILDINGS AS PUBLIC NUISANCES." Motion
Councilmember Weigel, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
The City Council recessed at 11:13 p.m.
The City Council reconvened at 11:18 p.m.
ag/o3/Zo��
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
(a
MINUTES
WEDNESDAY, JULY 30, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:08 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge.
ROLL, CALL:
PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
City Manager Ready presented the traffic calming enhancements on Toledo Avenue.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the
meeting was called to order and the City Council recessed into Closed Session to
discuss Items on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Item RA2. be withdrawn from the Agenda.
Councilmember Hutcheson requested Item 2.D. be removed from the Consent Calendar
for separate discussion.
Councilmember Mills requested Item 2.N. and 2.0. be removed from the Consent
Calendar for separate discussion.
Mayor Pro Tern Foat noted her abstention on the July 16, 2008, Minutes Item 2.B.,
stated her abstention to Item RA1., and requested Item 2.K. be removed from the
Consent Calendar for separate discussion.
Councilmember Weigel noted his abstention on the July 9, 2008, Minutes Item 2.B.
Item No. 2 • B •
City Council Minutes
July 30, 2008
Page 2
Mayor Pougnet noted his abstention on the July 9, 2008, Minutes Item 2-B., and
requested Items 2.K. and 21. be removed from the Consent Calendar for separate
discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING
STANDARDS FOR PORTABLE "OPEN' SIGNS IN COMMERCIAL
ZONES:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing and the following speakers
addressed the City Council.
LARRY DEITZ, commented on sign design and characteristics that would
enhance the Downtown area, and stated his opposition to free-standing A-
frame signs.
DARRON DAHLE, stated his support for A-frame signs in the Downtown
area.
RODOLFO CASTILLO, stated his support for the use of A-frame signs in
the Downtown area.
TIM CLARK, stated his support for the use of A-frame signs in the
Downtown area.
BONNIE REISS, stated her support for the use of A-frame signs in the
Downtown area-
JOY MEREDITH, Palm Springs, stated her support for the use of free-
standing signs in the Downtown area.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson recommended the City Council adopt the
Ordinance as proposed by the Planning Commission.
Councilmember Weigel stated the City needs to be flexible toward the
business community in the Downtown area, but the City needs to maintain
the high standards, stated his support for the use of free-standing signs in
the Downtown area with limitations, requested the City Attorney address
City Council Minutes
July 30, 2008
Page 3
liability issues with free-standing signs, and the waiver of the current sign
regulations in the Downtown area.
Councilmember Mills commented on the standards in the Downtown area,
stated allowing free-standing signs in the Downtown area will change the
look, feel and image of the City, commented on the historical regulations
for the use of free-standing signs in the Downtown area, stated the
Ordinance needs to further explain where the signs are allowed.
Mayor Pro Tern Foat stated neither of these Ordinances addresses some
of the concerns she would like if free-standing signs are permitted,
requested staff address if two signs were allowed, an A-frame and a two-
dimensional sign.
Mayor Pougnet stated his support for allowing A-frame signs with
standards and regulations for placement.
Councilmember Hutcheson stated the merchants should be able make the
marketing decision for the best type of sign, the regulations require a high-
quality sign, and stated he would be open to additional restrictions with
respect to placement.
Councilmember Mills commented on the design review of the signs, the
need to regulate the advertising, and requested the signs go through
some type of approval process to ensure quality, and reiterated the
importance of the image of Downtown Palm Springs.
Councilmember Weigel stated lowering of the standards will not help
business in the City of Palm Springs, requested criteria be set if this
program is successful, and requested some design review of the signs if
the City allows them.
Mayor Pougnet requested staff address if an approval and/or design
process could be developed if the free-standing signs are allowed.
Mayor Pro Tem Foat stated the need for design standards and an
approval process, and recommended some type of criteria to measure the
success of the program.
Councilmember Hutcheson stated the regulations would require permit
approval and to direct staff to develop standards.
Councilmember Mills stated his concerns with Section 2 [Item 59(b)]
regarding placement as only in front of the business and near the curb,
and requested the Ordinance stop at Tachevah Drive, and limit certain
businesses.
City Council Minutes
July 30, 2008
Page h
Mayor Pro Tern Foat requested any business currently displaying signs
are not cited and fined.
Councilmember Mills commented on signs for side streets.
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. 1744,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 93.20.03 AND 93.20.09 OF THE PALM
SPRINGS ZONING CODE RELATING TO PORTABLE OPEN SIGNS;"
amending Subsection B.5 of Section 93.20.09 to provide that a sign may
be placed no less that 3 feet from any street or parking curb, and adding a
provision to the ordinance that the Director of Planning Services shall
prepare and implement administrative rules and regulations. Motion
Councilmember Hutcheson, seconded by Mayor Pougnet and carried
3-2 on a roll call vote.
AYES: Councilmember Hutcheson, Mayor Pro Tem Foat, and
Mayor Pougnet.
NOES: Councilmember Mills and Councilmember Weigel.
Mayor Pougnet stated he has a business related conflict of interest with respect
to Item 1.B., would not participate in the discussion or the vote, and left Council
Chamber. Mayor Pro Tern Foat conducted this portion of the meeting.
1.B. APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING OF THE
PLANNING COMMISSION'S ACTION OF MAY 28, 2008, APPROVING
CASE NO. 3.3216-SFR, AN APPLICATION FOR ARCHITECTURAL
REVIEW OF A 4,000 SQUARE FOOT HILLSIDE SINGLE FAMILY
RESIDENCE LOCATED AT 844 PANORAMA ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated July 30, 2008.
ACTION: Reopen the public testimony portion of the public hearing and
accept further public testimony. Motion Councilmember Weigel,
seconded by Councilmember Mills and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tern Foat, and Councilmember Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
Mayor Pro Tern Foat opened the public hearing, and the following speaker
addressed the City Council.
City Council Minutes
July 30, 2008
Page 5
FELIX BARTHELEMY, stated this is a poorly planned project.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills stated the project meets all the requirements of the
ordinance and is designed for the hillside lot.
Mayor Pro Tern Foat requested the City Attorney address if the City
Council could restrict further lot divisions to protect the neighborhood.
Councilmember Weigel stated he reviewed the meeting DVD and minutes
of the previous portion of the public hearing, and the project meets the
criteria of the zoning code.
ACTION: Adopt Resolution No. 22316, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
THE APPEAL BY FELIX BARTHELEMY AND RICHARD SAVING AND
UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO
APPROVE CASE NO. 3.3216-SFR;" amending the Conditions of Approval
to limit the development and property for one single family house. Motion
Councilmember Mills, seconded by Councilmember Hutcheson and
carried 3-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, and
Councilmember Weigel.
NOES: Mayor Pro Tern Foat.
ABSENT: Mayor Pougnet.
Mayor Pougnet returned to dais.
1.C. REQUEST BY J. H. FARRELL PARTNERS, LLC TO APPROVE
PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE
SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY
24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE
ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE
NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL
DRIVE:
David Newell, Associate Planner, provided background information as
outlined in the staff report dated July 30, 2008.
Councilmember Hutcheson requested staff address any complaints
received from the neighborhood.
Mayor Pro Tern Foat requested staff address the liquefaction in the
Negative Declaration and impact to the habitat.
City Council Minutes
July 30, 2008
Page 6
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ALAN SANBORN, Representing Applicant, provided background
information on the project and the setback issue.
H. GORDON BLOUNT, Palm Springs, stated his opposition to the change
in zone and the change in uses, and commented on the traffic study.
ALAN SANBORN, Rebuttal, commented on the drop off at the building,
and commented on similar projects recently completed.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the setback of the
surrounding properties, the setback for this property and other M-1 without
a residential boundary, commented on condition MM XI-1, 17, 19, and the
site plan requirements for conditions 30, 31, and 32.
Councilmember Weigel requested a condition be added for grading if the
project stalls that the surface is glued or maintained, stated the design is
preferable to hide the parking.
Mayor Pro Tern Foat requested the Developer outline the sustainability
aspects of the project and requested staff address when energy saving
and sustainability requirements will be required for commercial projects
coming forward.
Councilmember Hutcheson requested the City Manager bring forward a
discussion of public benefits and sustainability features as public benefits,
and suggested the developer meet with the surrounding residents with
respect to any impacts due to the setback.
Councilmember Mills commented on the setback issues and the
realignment of Farrell, and requested staff address temporary fencing.
ACTION: Adopt Resolution No. 22317, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PLANNED DEVELOPMENT DISTRICT 347 TO
CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF
APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL
OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED
AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH
FARRELL DRIVE, ZONED M-1-P, SECTION 12;" amending Condition of
Approval No. 17 to require a non-reflective matte finish, Condition No. 19
City Council Minutes
July 30, 2008
Page 7
to exclude screening from above, remove Condition No. MM X14,
regarding interior noise, if it does not apply to commercial development,
and adding a condition toward grading and sail stability if the project stalls.
Motion Councilmember Weigel, seconded by Councilmember Mills
and carried 4-1 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, Councilmember
Weigel, and Mayor Pougnet.
NOES: Councilmember Hutcheson.
The City Council recessed at 8:13 p.m.
The City Council reconvened at 8:24 p.m.
I.D. LAWRENCE RAEL, PALM SPRINGS LLC, AMENDMENT OF VESTING
TENTATIVE TRACT MAP 34190 TO RE-DESIGNATE CLOVELLY
STREET FROM A PRIVATE STREET TO A PUBLIC STREET, A
PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT LOCATED AT
THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND
ALEJO ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
GENE ROGERS, Representing Applicant, requested the City Council
approve the amendment.
JAN CAMPBELL, Palm Springs, stated her support for the street to
become a public street.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested the City Engineer address the plan with
respect to City standards, and requested custom street signs.
ACTION: Adopt Resolution No. 22318, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A REQUEST TO AMEND VESTING TENTATIVE TRACT
MAP 34190 TO RE-DESIGNATE CLOVELLY STREET FROM A
PRIVATE STREET TO A PUBLIC STREET FOR PALM SPRINGS LLC,
ON A PREVIOUSLY APPROVED CONDOMINIUM MAP FOR PLANNED
DEVELOPMENT DISTRICT 324; A MIXED USE DEVELOPMENT OF UP
TO A 118-UNIT CONDOMINIUM PROJECT WITH 25,000 FEET OF
RETAIL COMMERCIAL DEVELOPMENT ON A 4.1-ACRE S1TE
LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON
- 6
City Council Minutes
July 30, 2008
Page 8
DRIVE AND ALEJO ROAD." Motion Mayor Pro Tem Foat, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
The Palm Springs Community Redevelopment Agency convened at 8:32 p.m.,
and the City Council continued for a Joint Meeting.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 1.E., would not participate in the discussion or the vote, and left
Council Chamber.
I.E. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF
AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT
AGREEMENT NO. A0527C WITH RE: LOFT PARTNERS PALM
SPRINGS, LLC, ON A 7.8 ACRE AGENCY-OWNED PARCEL AT THE
NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD,
AMENDING THE SCHEDULE OF PERFORMANCE, APPROVING A
LEASE IN FURTHERANCE OF CONVEYANCE, AND ACCEPTING A
NOTE FROM THE DEVELOPER FOR THE AMOUNT OF THE
DEVELOPMENT FEES FOR THE DEVELOPMENT OF THE MONDRIAN
HOTEL, MERGED REDEVELOPMENT PROJECT AREA NO. 2:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Mayor Pro Tem Foat stated this is another example of the City moving
important projects forward.
ACTION: (Community Redevelopment Agency) Adopt Resolution No.
1363, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 1 TO DISPOSITION AND
DEVELOPMENT AGREEMENT NO. A0527C WITH RE: LOFT
PARTNERS PALM SPRINGS, LLC FOR A FOR A 7.8 ACRE AGENCY-
OWNED PARCEL AT THE NORTHEAST CORNER OF CALLS
ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT
PROJECT AREA NO. 2, AMENDING THE SCHEDULE OF
PERFORMANCE, APPROVING A LEASE IN FURTHERANCE OF
CONVEYANCE, AND ACCEPTING A NOTE FROM THE DEVELOPER
FOR THE AMOUNT OF THE DEVELOPMENT FEES, FOR THE
DEVELOPMENT OF THE MONDRIAN HOTEL WITH 200 HOTEL
ROOMS, 50 CONDOMINIUM-HOTEL UNITS, AND 150 CONDOMINIUM
UNITS;" and 2) Authorize the Executive Director to execute all necessary
documents. A0527C. (City Council) Adopt Resolution No. 22319, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
City Council Minutes
July 30, 2008
Page 9
SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY
REDEVELOPMENT AGENCY'S APPROVAL OF AMENDMENT NO. 1 TO
DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0527C WITH
RE: LOFT PARTNERS PALM SPRINGS, LLC, FOR A 7.8 ACRE
AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF CALLE
ALVARADO AND AMADO ROAD, MERGED REDEVELOPMENT
PROJECT AREA NO. 2, FOR THE DEVELOPMENT OF THE
MONDRIAN HOTEL WITH 200 HOTEL ROOMS, 50 CONDOMINIUM-
HOTEL UNITS, AND 150 CONDOMINIUM UNITS." Motion Mayor Pro
Tern Foat, seconded by Councilmember Hutcheson and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Mayor Pro Tern Foat,
Councilmember Weigel, and Mayor Pougnet,
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
I.F. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF A
DISPOSITION AND DEVELOPMENT AGREEMENT WITH O & M HR,
LLC, FOR AN APPROXIMATE 5.7 ACRE AGENCY-OWNED SITE AT
THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS
ROAD, FOR THE DEVELOPMENT OF THE HARD ROCK HOTEL,
MERGED REDEVELOPMENT PROJECT AREA NO. 2:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated July 30, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: (Community Redevelopment Agency) 1) Adopt Resolution No.
1364, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT
WITH O & M HR, LLC, FOR THE DEVELOPMENT OF A 490-ROOM
HARD ROCK HOTEL ON A 5.7± ACRE AGENCY-OWNED PARCEL AT
THE SOUTHEAST CORNER OF CALLE EL SEGUNDO AND ANDREAS
ROAD, MERGED REDEVELOPMENT PROJECT AREA NO, 2;" and 2)
Authorize the Executive Director to execute all necessary documents.
(City Council) Adopt Resolution No. 22320, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONCURRING WITH THE AGENCY'S APPROVAL OF A DISPOSITION
AND DEVELOPMENT AGREEMENT WITH O & M HR, LLC, FOR THE
DEVELOPMENT OF A 490-ROOM HARD ROCK HOTEL ON A 5.7±
ACRE AGENCY OWNED PARCEL AT THE SOUTHEAST CORNER OF
. - NEE
City Council Minutes
July 30, 2008
Page 10
CALLE EL SEGUNDO AND ANDREAS ROAD, MERGED
REDEVELOPMENT PROJECT AREA NO. 2." A5705. Motion
Councilmember Hutcheson, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
PUBLIC COMMENT;
SCOTT HINES, commented a new public service website desertelections.com.
ANDY SANDS, spoke on Item 5.D. regarding the ALTA Flood Control Improvements.
JIM FRANKLIN, spoke in support of Item 3.A. and 3.B., with the exceptions of the
installation of signs, and spoke in support of Item 3.C.
BOB MAHLOWITZ, Palm Springs, Office of Neighborhood Involvement, spoke
regarding Item 3.A., requested fees and fines be increased, and recommended the City
Council take action on the Ordinance.
CHARLES SACHS, commented on the removal of trees in his condominium complex
without permits.
WILLIAM GRAVESMILL, commented on Item 3.A. with respect to vacation rentals, and
stated noise is a problem at vacation rentals.
RON FROEMMING, commented on Item 3.A. vacation rental properties, and stated his
support of the regulation of vacation rental properties.
BILL DUNN, Palm Springs, commented on Item 3.A. vacation rentals, and outlined his
problems with an adjoining property as a vacation rental.
RON SIEGEL, commented on Item 3.A vacation rentals, and stated his support for the
regulations.
FRED BELL, BIA, commented on Item 2.D., and local construction industry recovery
measures.
BONNIE RUTTAN, Palm Springs, commented on Item 3.A. vacation rentals.
ANTHONY TOIA, Palm Springs, commented on Item 3.A. vacation rentals, and the use
of residential property as a commercial hotel.
PETER BROOKS, Palm Springs, commented on Item 3.A., spoke in opposition of the
installation of signs on vacation rentals.
DENNI RUSSELL, commented on Item 3.A., and the installation of signs on vacation
rental properties.
Colo
City Council Minutes
July 30, 2008
Page 11
KAREN TABBAH, Palm Springs, commented on Item 3.A., vacation rentals and the
posting of signs in windows, spoke regarding the possible prohibition of plastic bags in
the City.
LILA SOSSA, Palm Springs, commented on the median island that was installed on
Vista Chino.
JOY MEREDITH, Palm Springs, commented on current development projects and
thanked the City Council and City Staff for their attention to various matters.
JIM DOWLER, commented on Item &A. vacation rentals, stated his concern with the
posting of the signs, and the prohibition of outdoor speakers.
ROXANN PLOSS, commented on Item 3.A. vacation rentals, and Item 2.D.
consideration of fee deferral to the residential building industry.
COUNCILMEMBER COMMENTS:
Mayor Pougnet provided comments on the timing of the vacation rental ordinance.
Mayor Pro Tern Foat requested staff set-up a meeting with the City Council Business
Retention Subcommittee with respect to the jewelry business in the Downtown area and
body piercing.
Councilmember Hutcheson requested staff provide an update to the installation of the
median on Vista Chino, and the removal of access from Vista Chino to Sossa's.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.M.,
2.P., 2.Q., 2.R., 2.S., and 2.T. Motion Councilmember Hutcheson, seconded
by Councilmember Mills and unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the July 30, 2008, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of July 9, 2008, and July 16,
2008. Approved as part of the Consent Calendar, noting the
abstention Mayor Pougnet and Councilmember Weigel on the
Minutes of July 9, 2008 and of Mayor Pro Tom Foat on the Minutes of
July 16, 2008.
��il �
City Council Minutes
July 30, 2008
Page 12
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22321, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1029342 THROUGH 1029478 IN THE AGGREGATE
AMOUNT OF $1,111,064.72 DRAWN ON BANK OF AMERICA` and 2)
Adopt Resolution No. 22322, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1029479 THROUGH 1029617 IN THE AGGREGATE AMOUNT OF
$2,011,672.94 DRAWN ON BANK OF AMERICA;'" and 3) Adopt
Resolution No. 22323, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 7-12-08 BY
WARRANTS NUMBERED 413600 THROUGH 413656 TOTALING
$118,932.67, LIABILITY CHECKS NUMBERED 1029618 THROUGH
1029639 TOTALING $147,77329, FOUR WIRE TRANSFERS FOR
$200,478.38, AND THREE ELECTRONIC ACH DEBITS OF
$1,696,674.24, IN THE AGGREGATE AMOUNT OF $2,163,858.58
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.E. PURCHASE ONE E-SERIES ADVANCED LIFE SUPPORT (ACLS)
DEFIBRILLATOR AND 14 FULLY AUTOMATIC AED'S WITH
WARRANTIES AND RELATED EQUIPMENT FROM ZOLL MEDICAL
CORPORATION:
ACTION: Approve the purchase of one E-Series advanced life support
(ACLS) defibrillator, related equipment, one-year extended warranty, one-
year of preventative maintenance, and 14 fully automatic AED's with five-
year limited warranties and related equipment from ZOLL Medical
Corporation in the amount of $48,883,27. Approved as part of the
Consent Calendar.
2.F. AMENDMENT NO. 2 TO AGREEMENT NO. A5525 WITH WEC
CORPORATION FOR THE GENE AUTRY TRAIL WIDENING PROJECT
FROM VISTA CHINO TO THE UNION PACIFIC RAILROAD, CP 02-03:
ACTION: 1) Approve Amendment No. 2 to Agreement No. A5525 with
WEC Corporation in an amount of $34,580 for a revised total contract
amount of $450,506 for the Gene Autry Trail Widening Project, CID 02-03;
and 2) Authorize the City Manager to execute all necessary documents.
A5525. Approved as part of the Consent Calendar.
2.G. APPROVAL OF MASTER AGREEMENT, ADMINISTERING AGENCY -
STATE AGREEMENT FOR STATE FUNDED PROJECTS, WITH THE
STATE OF CALIFORNIA, STATE AGREEMENT NO. 001645:
6G12
City Council Minutes
July 30, 2008
Page 13
ACTION: 1) Adopt Resolution No. 22324, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE MASTER AGREEMENT, ADMINISTERING AGENCY -
STATE AGREEMENT FOR STATE FUNDED PROJECTS, STATE
AGREEMENT NO. 001645, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM
SPRINGS;" and 2) Authorize the City Manager to execute all necessary
documents. A5708. Approved as part of the Consent Calendar.
2.H. AWARD or CONTRACT FOR THE TRAFFIC SIGNAL LOOP REPAIR
PROJECT (CP 07-11), SUNRISE WAY AT ALEJO ROAD TRAFFIC
SIGNAL MODIFICATION (CP 07-12), SUNRISE WAY AT MESQUITE
AVENUE TRAFFIC SIGNAL MODIFICATION (CP 07-14), AND FISCAL
YEAR 2007-08 PROTECTED-PERMISSIVE TRAFFIC SIGNAL
CONVERSION PROJECT, (CP 07-19):
ACTION: 1) Approve an agreement with Steiny and Company, Inc. in the
amount of $621,199.00, for Bid Schedules A through F, inclusive, for the
Traffic Signal Loop Repair Project (CP 07-11), Sunrise Way at Alejo Road
Traffic Signal Modification (CP 07-12), Sunrise Way at Mesquite Avenue
Traffic Signal Modification (CP 07-14), and Fiscal Year 2007-08 Protected-
Permissive Traffic Signal Conversion Project, (CP 07-19); and 2)
Authorize the City Manager to execute all necessary documents. A5709.
Approved as part of the Consent Calendar,
2.1. PROGRAM SUPPLEMENT AGREEMENT NO. E81, WITH THE STATE
OF CALIFORNIA, FOR USE OF SAFE ROUTE TO SCHOOL PROGRAM
(SR2S) STATE FUNDS FOR THE SAFE ROUTES TO SCHOOL
PROJECT, STATE PROJECT NO. SR2SL 5282 (029), CP 08-06:
ACTION: 1) Adopt Resolution No. 22325, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. E81 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED
PROJECT NO. 00164S WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $366,000 ($329,400 STATE FUNDS/$36,600 LOCAL
MEASURE A FUNDS), FOR THE. SAFE ROUTES TO SCHOOL
PROJECT, CP 08-06, STATE PROJECT NO. SR2SL 5282 (029), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the
City Manager to execute all necessary documents. A5710. Approved as
part of the Consent Calendar.
2.J. ACCEPT $104,355 IN GRANT FUNDING FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY (OTS) FOR A DUI ENFORCEMENT AND
AWARENESS PROJECT:
ACTION: 1) Accept $104,355 in grant funding from the California Office of
Traffic Safety for a DUI Enforcement and Awareness Project to be used to
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July 30, 2008
Page 14
enforce, educate, and bring awareness to the public; and 2) Authorize the
City Manager to execute all necessary documents. A5521. Approved as
part of the Consent Calendar.
2.M. APPROVE AN ADVERTISING CONTRACT ADDENDUM TO CITY
AGREEMENT NO. A5109 WITH THE DESERT SUN MODIFYING AND
EXTENDING THE AGREEMENT TO JULY 31, 2009:
ACTION: 1) Approve the Advertising Contract Addendum with The Desert
Sun to extend the Agreement to July 31, 2009, and modifying terms of the
Agreement; and 2) Authorize the City Manager to execute the Advertising
Contract Addendum. A5109. Approved as part of the Consent
Calendar.
2.P. ASSIGNMENT OF FMC TECHNOLOGIES, AIRPORT SERVICES
PASSENGER LOADING BRIDGE MAINTENANCE AGREEMENT TO
JBT CORPORATION:
ACTION: 1) Authorize assignment of Agreement No. A5239 with FMC
Technologies to JBT Corporation, without change to the terms and
conditions of the agreement; and 2) Authorize the City Manager to
execute all necessary documents. A5239. Approved as part of the
Consent Calendar.
2.Q. ACCEPT AN ADDITIONAL $25,000 GRANT FUNDING, FROM THE
OFFICE OF TRAFFIC SAFETY FOR THE DUI ENFORCEMENT AND
AWARENESS PROGRAM, THE NEW GRANT TOTAL WILL BE
$135,000:
ACTION: 1) Accept an additional $25,000 in funding to the existing
$110,000 Office of Traffic Safety DUI Enforcement and Awareness
Program Grant, the new grant total will be $135,000; and 2) Authorize the
City Manager to execute all necessary documents. A5521. Approved as
part of the Consent Calendar.
2.R. VACATING, RESCINDING, REPEALING, AND OTHERWISE SETTING
ASIDE APPROVAL OF RESOLUTION NO. 21714, RELATING TO THE
PALM HOTEL:
ACTION: Adopt Resolution No. 22326, "A RESOLUTION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, VACATING, RESCINDING, AND
OTHERWISE SETTING ASIDE APPROVAL OF RESOLUTION NO,
21714, RELATING TO A 51 UNIT BOUTIQUE HOTEL AT THE
SOUTHWEST CORNER OF TAHOUITZ CANYON WAY AND CAHUILLA
ROAD (PALM HOTEL)." Approved as part of the Consent Calendar.
2,5. AMENDMENT NO. 3 TO THE SOLID WASTE MANAGEMENT
AGREEMENT NO. A4727 WITH PALM SPRINGS DISPOSAL
SERVICES:
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July 30, 2008
Page 15
ACTION: 1) Approve Amendment No. 3 to Agreement No. A4727 with
Palm Springs Disposal Services for solid waste management; and 2)
Authorize the City Manager to execute all necessary documents. A4727.
Approved as part of the Consent Calendar.
2.T. SOLE SOURCE PURCHASE OF CRIMEVIEW WEB SOFTWARE
PROGRAM FROM THE OMEGA GROUP, INC. IN THE AMOUNT OF
$42,935;
ACTION: 1) Waive the competitive requirements of the Municipal Code
and approve an agreement with The Omega Group, Inc. for the sale
source purchase of CrimeView Web in the amount of $42,935; and 2)
Authorize the City Manager to execute all necessary documents. A5712.
Approved as part of the Consent Calendar,
EXCLUDED CONSENT CALENDAR:
2.D. REQUESTS OF THE BUILDING INDUSTRY OF AMERICA, DESERT
CHAPTER, WITH RESPECT TO LOCAL CONSTRUCTION INDUSTRY
RECOVERY MEASURES:
Councilmember Hutcheson requested a study session as soon as possible.
Councilmember Mills requested staff to review the issues list and have
comments prior to Council consideration.
ACTION: Direct staff to schedule a discussion of the requests at a future Study
Session_ Motion Councilmember Hutcheson, seconded by Councilmember
Weigel and unanimously carried on a roll call vote.
2.K. PURCHASE OF TEN BIG BILLY SOLAR POWERED TRASH COMPACTORS
FROM BIG BELLY SOLAR INC., IN THE AMOUNT OF $43,057:
ACTION: Approve the sole source purchase of ten Big Belly Solar Powered
Trash Compactors from Big Belly Solar Inc., in the amount of $43,057. Motion
Councilmember Weigel, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
2.L. AGREEMENT RENEWAL WITH THE DRUG ENFORCEMENT AGENCY TO
PARTICIPATE IN THE TASK FORCE:
ACTION: 1) Approve the agreement renewal with the Drug Enforcement Agency
for participation in the Task Force for a five-year period, through August 1, 2013;
and 2) Authorize the City Manager to execute all necessary documents. A5711.
Motion Mayor Pougnet, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.N. STATUS LETTER FROM THE FEDERAL AVIATION ADMINISTRATION (FAA)
REGARDING THE AIRPORT CONTROL TOWER:
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July 30, 2008
Page 16
ACTION: Receive and file. Motion Councilmember Mills, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
2.0. AMENDMENT NO. 2 TO AGREEMENT NO, A4159 WITH PARADIES SHOPS,
LLC FOR CONCESSIONS AT THE PALM SPRINGS INTERNATIONAL
AIRPORT:
ACTION: 1) Approve Amendment No. 2 to Agreement No. A4159 with Paradies
Shops, LLC; and 2) Authorize the City Manager to execute all necessary
documents. A4159. Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call vote.
3. LEGISLATIVE:
Councilmember Hutcheson stated he has a business related conflict of interest
with respect to Item 3.A., would not participate in the discussion or the vote, and
left Council Chamber.
3.A. PROPOSED ORDINANCE RELATING TO VACATION RENTALS:
City Attorney Holland provided background information as outlined in the
staff report dated July 30, 2008.
Councilmember Weigel expressed his concerns for the sign requirement
and recommended mailed notifications, requested the City Attorney
address the noise prohibitions specifically for vacation rentals, requested
staff address enforcement, questioned the maximum occupancy, and the
violation provisions of the ordinance.
ACTION: Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro
Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Mayor Pro Tem Foat requested the City Attorney address the restrictions
of the City to be able to regulate the private property of individuals,
requested staff address who may be subject to the violation penalties,
insurance requirements, and expressed concerns with respect to the
signs, trash, and the property owner notification of a violation.
Councilmember Mills recommended the trash requirement be titled walk-in
service, commented on the sign requirements v. a mailing requirement,
daytime occupants, and the prohibition of outside noise and amplification.
City Council Minutes
July 30, 2008
Page 17
Mayor Pougnet commented on the sign requirement, fines and fees, and a
"trigger" to notify the City of problem properties.
ACTION: Direct staff to incorporate the City Council discussion points
[eliminate the sign requirement and replace with a mail notification which
includes a copy of the ordinance with the mailing, allowing a maximum
occupancy of 4 in a studio unit, adding insurance requirements, require a
"good neighbor" be distributed to renters in addition to the posting of rules
and regulations at the property, require City notification of change of
address and of the Agency if they lose a contract, replace highest trash
service as "walk-in" service, and include a "trigger" that requires the
Agency to notify the City of consistent problems and/or calls with a
property] and return with a revised ordinance. Motion Councilmember
Weigel, seconded by Councilmember Mills and unanimously carried
4-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tem Foat, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
3.B. PROPOSED ORDINANCE RELATING TO EVENT HOUSES:
City Attorney Holland provided background information as outlined in the
staff report dated July 30, 2008.
Mayor Pro Tem Foat commented on the definition of an event, and limiting
the definition of an event.
Councilmember Weigel commented on the signs, and the necessity of the
sign since a responsible person must be present, and requested
clarification on the notice.
Councilmember Hutcheson commented on the time required to submit an
application for an event, the sign requirements with respect to the event
house, and on a waiver for three events with no complaints.
Mayor Pougnet expressed his concern with the maximum number of
events, and the signage requirements.
Councilmember Mills expressed concern with the maximum number of
permits, with the amount of time to submit an event application, and with
the sign requirements.
Mayor Pro Tem Foat commented on the maximum number of allowable
events.
City Council Minutes
July 30, 2008
Page 18
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. 1745,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO EVENT HOUSES," amending the ordinance to provide for
the posting of signage during the event, or mail notification to properties
500 feet from the event house, amend the application for permit to 60-
days, and remove the maximum number of events at the discretion of the
City Manager. Motion Councilmember Weigel, seconded by
Councilmember Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: Mayor Pro Tern Foat.
3.C. PROPOSED ORDINANCE RELATING TO VACANT AND BOARDED
BUILDINGS:
City Attorney Holland provided background information as outlined in the
staff report dated July 30, 2008.
Councilmember Mills commented on the posting of signage_
Councilmember Hutcheson questioned if an inspection is required, the
dressing up of windows, and recommended the monitoring fee on a
monthly or quarterly basis.
Mayor Pro Tern Foat requested clarification on who is responsible for
inspection on foreclosed properties.
Councilmember Mills expressed concern with the posting requirement.
Councilmember Weigel stated this is a training issue for all City
Departments and staff.
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. 1746,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING CHAPTER 8.80 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF VACANT
AND BOARDED BUILDINGS AS PUBLIC NUISANCES." Motion
Councilmember Weigel, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
The City Council recessed at 11:13 p.m.
The City Council reconvened at 11:18 p.m.
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July 30, 2008
Page 19
4, UNFINISHED BUSINESS:
4.A. UPDATE ON SPECIFIC PLAN FOR MUSEUM MARKET PLAZA:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated July 30, 2008.
Councilmember Hutcheson requested the Park component of the project
be considered an equally important component of the project.
Councilmember Weigel requested staff address the purpose of the
alternatives based on the EIR.
Mayor Pro Tem Foat requested staff address the preferred alternative as
opposed to the less impact alternative.
No action taken.
5. NEW BUSINESS:
S.A. ADOPTION OF A RESOLUTION CONSENTING TO THE CREATION OF
A MULTI-JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT
DISTRICT:
City Manager Ready provided background information as outlined in the
staff report dated July 30, 2008.
ACTION: 1) Adopt Resolution No. 22327, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONSENTING TO THE OPERATION OF A MULTI-JURISDICTIONAL
TOURISM BUSINESS IMPROVEMENT DISTRICT;" and 2) Authorize the
City Manager to execute all necessary documents. Motion Mayor Pro
Tem Foat, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
Councilmember Hutcheson, Mayor Pro Tem Foat, and Mayor Pougnet stated
they have a property ownership conflict of interest with respect to Item 5.B.
Invoking the rule of necessity to reach a quorum, lots were drawn, and it was
determined Mayor Pougnet would hear the Item. Councilmember Hutcheson and
Mayor Pro Tem Foat left Council Chamber.
5.13. CHANGE ORDER NO. 1 TO AGREEMENT NO. A5700 WITH GRANITE
CONSTRUCTION COMPANY, FOR THE FISCAL YEAR 2007-08
ANNUAL ARHM OVERLAY, CP 07-17:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated July 30, 2008.
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July 30, 2008
Page 20
Councilmember Mills stated the revised change order is now over the
original Engineers Report to maximize the benefit and the number of
streets to be rehabilitated.
ACTION: 1) Approve Change Order No. 1 to Agreement No. A5700 with
Granite Construction Company, in the amount of $445,684. for a revised
total contract amount of $1,444,544. for the Fiscal Year 2007-08 Annual
ARHM Overlay, CP 07-17; and 2) Authorize the City Manager to execute
all necessary documents. A5700. Motion Councilmember Mills,
seconded by Councilmember Weigel and unanimously carried 3-0 on
a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, and Mayor
Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Mayor Pro Tern
Foat.Councilmember Hutcheson and Mayor Pro Tem Foat returned to the
dais.
5.C. AWARD BID IFB 08-05 FOR PALM TREE TRIMMING AT VARIOUS
LOCATIONS IN THE CITY:
Sharon Heider, Director of Parks and Recreation, provided background
information as outlined in the staff report dated July 30, 2008.
Mayor Pougnet stated the City Council should award the bid for the
Schedule A, as the City Council continues the discussion on the overall
policy.
ACTION: 1) Award Bid 08-05 to Orozco Landscaping & Tree Inc.,
Schedule A, the base bid per existing practice for palm tree trimming at
various locations in the City of Palm Springs based on unit prices per tree
for an amount not-to-exceed $57,417; and 2) Direct staff to prepare a
resolution for City Council consideration modifying the current Palm Tree
Trimming Policy. Motion Councilmember Weigel, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
Councilmember Weigel stated he has a property ownership conflict of interest
with respect to Item 5.D., stated he would not participate in the discussion or the
vote, and left Council Chamber.
5.D. AUTHORIZE STAFF TO PREPARE AMENDMENT NO. 1 TO
SUBDIVISION IMPROVEMENT AGREEMENT NO. A4955 WITH IRP EL
PORTAL ASSOCIATES, LLC, FOR TRACT MAP 30050 (ALTA)
RELIEVING THE CITY, COMMUNITY REDEVELOPMENT AGENCY,
AND DEVELOPER FROM THE OBLIGATION TO FUND AND
CONSTRUCT CERTAIN FLOOD CONTROL IMPROVEMENTS ON
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July 30, 2008
Page 21
SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED
LOTS IN THE TRACT FOR SALE AND DEVELOPMENT:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated July 30, 2008.
ACTION: Authorize staff to prepare Amendment No. 1 to Subdivision
Improvement Agreement No. A4955 with IRP El Portal Associates, LLC
for Tract Map 30050 (Alta) relieving the City, Community Redevelopment
Agency, and developer from the obligation to fund and construct flood
control improvements on South Palm Canyon Drive and releasing nine
restricted lots in the tract for sale and development. A4955. Motion Mayor
Pro Tom Foat, seconded by Councilmember Mills and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Weigel.
Councilmember Weigel returned to the dais.
5.E. APPROVE JOINING THE EASTERN RIVERSIDE COUNTY
INTEROPERABILITY REGIONAL AUTHORITY (ERICA); APPOINT ONE
MEMBER OF THE CITY COUNCIL AS THE CITY'S REPRESENTATIVE;
WAIVE CODE REQUIREMENTS TO ALLOW SOLE SOURCE FOR
PROCUREMENT OF MOTOROLA RADIO SYSTEM; INTRODUCE 911
EMERGENCY COMMUNICATIONS OPT OUT FEE; AND SET FEE
PUBLIC HEARING DATE FOR SEPTEMBER 3, 2008:
City Manager Ready provided background information as outlined in the
staff report dated July 30, 2008.
ACTION: 1) Approve the Joint Powers Authority (JPA) agreement
authorizing the formation of a JPA with the cities of Palm Springs,
Cathedral City, Indio, Desert Hot Springs, and Beaumont in a regional
communications system known as Eastern Riverside County
Interoperability Communications Authority (ERICA); 2) Appoint
Councilmember Weigel to serve as the City's representative on the JPA;
3) Waive the appropriate competitive requirements of the Municipal Code
and authorize staff to negotiate a contract with Motorola, to be approved
by the City Council, based upon their proposal for a cost of approximately
$4 million to purchase equipment and integration services for the
interoperable P-25 radio system, in conjunction with a contract for the
backbone system with the City of Indio or ERICA for a cost not-to-exceed
$1,444,000; 4) Waive the reading of the ordinance text in its entirety and
read by title only, and introduce on first reading Ordinance No. 1747, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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City Council Minutes
July 30, 2008
Page 22
AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE
ORDINANCE AND EMERGENCY RESPONSE FEE;" 5) Schedule a
Public Hearing for September 3, 2008, to adopt a 911 Emergency
Communications Opt Out Fee; 6) Authorize staff to explore funding
alternatives for the Motorola proposal and the ERICA JPA and report back
to the City Council for consideration; 7) Authorize the City Manager to
execute all necessary JPA documents. A5713. Motion Councilmember
Hutcheson, seconded by Councilmember Weigel and unanimously
carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills commented on the voting system results displaying early, and
requested staff notify Casa de Oro HOA with respect to approvals required to modify
their landscape plan as discussed by Charles Saks in Public Comment.
Mayor Pougnet stated the City needs to invest additional funds for Code Enforcement,
and requested the City Manager review the funding and organization, and requested
staff address the role of AAC, and directed staff to provide a reminder to the AAC and
the code requirements for their purview.
ADJOURNMENT: The City Council adjourned at 11:59 p.m. to a Regular Meeting,
Wednesday, September 3, 2008, at 6:00 P.M. in the Council Chamber, City Hall,
preceded by a Closed Session at 4:00 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
3Ro DAY OF SEPTEMBER, 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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