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Home My WebLink About10/3/2007 - STAFF REPORTS - 2.F.O�QALM S,a q(1;:a70¢e RN� DATE: October 3, 2007 City Council Staff Report CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1722, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1722. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1722, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE." STAFF ANALYSIS: At its September 19, 2007, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. � mes Thompson David H. Rea Ph.D. ity Clerk City Manager Attachment: Ordinance No. 1722 Item 2. F. PROPOSED ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE Citv Attornev's Summary This Ordinance requires the installation of 800 MHZ and 150 MHz communications systems or approved amplification systems in new development or retrofitted buildings to ensure effective and continuous public safety radio communication for emergency service operators. The City Council of the City of Palm Springs ordains: SECTION 1. The Palm Springs Municipal Code is amended to add Chapter 11.03, to read as follows: Chapter 11.03 PUBLIC SAFETY RADIO SYSTEM COVERAGE Sec. 11.03.010. Intent and purpose. The intent of this Chapter is to provide a regulatory framework for the purpose of providing effective public safety coverage throughout the City of Palm Springs for police and fire emergency services. Sec. 11.03.020. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a differing meaning: "Certified Technician" means an individual who is qualified/Certified with a General Radiotelephone Operator License (GROL/PG); or Journeyman Wireless C.E.T.; or NARTE EMC Technician; or NARTE EMC Engineer; or equivalent, to review design plans and perform tests in affected structures to measure City of Palm Springs Public Safety Radio System Coverage Specifications. "City of Palm Springs Public Safety Radio System Coverage Specifications" means those specifications designed to provide optimum coverage and radio effectiveness within buildings and structures under the Palm Springs Communication System, approved and amended from time to time by the Fire Chief and on file in the Fire Department. "Fire Chief' means the Fire Chief of the City of Palm Springs or the Fire Chief's designee. "Fire Department" means the City of Palm Springs Fire Department. KKR 1 000062 "Palm Springs Communication System" means the radio system used by local law enforcement, fire, and public works departments within the City of Palm Springs for emergency and non -emergency radio communications. "Special Inspector" means a certified technician who is approved by the City of Palm Springs to conduct acceptance testing. Sec. 11.03.030. Use and occupancy. A. Except as otherwise provided, each building or structure for which a building permit is issued on or after November 5, 2007, or any part thereof, shall be erected, constructed, and occupied in a manner consistent with the Palm Springs Public Safety Radio System Coverage Specifications. B. Owners shall maintain reliable radio communication within their buildings and structures in compliance with Palm Springs Public Safety Radio System Coverage Specifications. C. The provisions of this Chapter shall not apply to any building or structure erected or built and occupied pursuant to a building permit issued on or before November 5, 2007, provided that any addition, alteration, or enlargement of twenty percent (20%) or more in total floor area of such building or structure, then such building or structure shall be retrofitted or otherwise modified to comply with the requirements of Subsection A above. Sec. 11.03.040. Testing procedures. Test of radio coverage will be conducted pursuant to those specifications in the City of Palm Springs Public Safety Radio System Coverage Specifications as provided in this Section. A. Acceptance testing. Acceptance testing will be performed by a Special Inspector in accordance with test standards as listed in the City of Palm Springs Public Safety Radio System Coverage Specifications. A Certificate of Occupancy shall not be issued if said structure, or any part thereof, fails to comply with these test standards. Complete documentation of acceptance testing conducted and the results shall be forwarded to the Fire Department. B. Annual tests. Annual tests will be administered by the Fire Chief in accordance with the test standards as listed in the City of Palm Springs Public Safety Radio System Coverage Specifications. Sec. 11.03.050, Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with an amplification system as specified in the City of Palm Springs Public Safety Radio System Coverage Specifications. 52HO11 2 009003 Sec. 11.03.060. Exemptions. This Chapter shall not apply to the following: A. Elevators and elevator shafts. B. Structures that are three stories or less without subterranean storage or parking. C. Wood -constructed residential structures three stories or less without subterranean storage or parking. Should construction that is three stories or less include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. Sec. 11.03.070. Costs. The owner and property developer shall be responsible to hire and pay all costs for the certified technician who will be the Special Inspector. Any company or individual hired to perform special inspection work for the project may not be part of the construction or installation process. The certified technician may not be employed by or have a vested interest in the general contracting company, any subcontracting companies, building management, building ownership or any portion of structure construction. Payment of the Special Inspector's fee and costs shall not be made contingent upon the passage of the acceptance test. Sec. 11.03.080, Noncompliance. After discovery of noncompliance, the building owner is provided three months to remedy the deficiency and gain compliance. Notwithstanding the foregoing, no Certificate of Occupancy shall be issued after discovery of noncompliance until the deficiency is corrected and the acceptance test is passed. It shall be unlawful for any person, firm or corporation to violate any provision or fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of an infraction, punishable by a fine not exceeding One Thousand Dollars ($1,000.00) per day the violation continues. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor. SECTION 2. In support of the adoption of this Ordinance, the City Council of the City of Palm Springs finds: A. The City of Palm Springs provides public safety services through the Fire Department (PSFD) and Palm Springs Police Department (PSPD). B. Both existing and increased development throughout the City have caused interference to the 800 MHz and 150 MHz communications systems used by the PSFD and the PSPD. 928120 0 s 000004 C. Said radio degradation has caused a lack of coverage, quality and intelligibility for essential public safety emergency radio communication and, as a result, is a potential threat to the safety of emergency workers and to the public. D. In order to minimize the danger to life caused by ineffective communication, all new buildings will be required to provide for communications systems such that effective and continuous public safety radio communication will be maintained, and existing non-exempt buildings that do not support the minimum radio coverage for City emergency service workers will be required to install an amplification or other system to ensure adequate public safety radio communications- E. This ordinance constitutes a 'local security standard" regulating the erection, construction, or alteration of buildings pursuant to California Penal Code Section 14051. SECTION 3. The City of Palm Springs Public Safety Radio System Coverage Specifications shall be applied to the non-exempt buildings and structures specified in this Ordinance. SECTION 4. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. SECTION 5, The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 2007. AYES: NOES: ABSTAIN: ABSENT: PON ODEN, MAYOR ATTEST: James Thompson, City Clerk 4 sssisa 006055 i PROOF OF PUBLICATION This is space for County Clerks filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springy, No. 2070 CITY OF PALM SPRINGS County of Riverside, and which newspaper has been PROPOSED ORDINANCE NO, net adjudged a newspaper of general circulation by the AN ORDINANCE OF THE CITY PALM Superior Court of the County of Riverside, State of SPRINGS, CALIFORNIA APPROVINiN G AND ADOPTING THE COmmbNITY REDEVELOP- California under the date of March 24, 19$$. CASC MENT AGENCY'S PROGRAM TO ACQUIRE Number 191236; that the notic of which the COMMERCIAL REAL PROPERTY 6Y EMINENT DOMAIN IN THE MERGED AREA NO. 1 AND annexed is a printed copy (set in type not smaller MERGED AREA NO.2 REDEVELOPMENT PRO- than non pariel, has been published in each regular JECTS and entire issue of said newspaper and not in all y City A Scribe's Summary y Rade- This Ordinance da5endes the Commune su lement thereof on the following dates, to wit: PP g vclopmoor Agency of Palm Springs omsnn , p - gram for the• •9equlsidon of real property throupp eminent domain a5 provided in the ddq�rad He- Inc September Z6°h, 2607 devolopment Plans of the Agency, uding all limitations on fhte use of eminent domain con- ' taineY in such Redevelopment Plans. — ��--_- PROPOSED ORDINANCE NO. 1722 All in the year 2007 AN QRDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA. ADDING CHAPTER 11.D3 TO THE PALM SPRINGS MUNICIPAL I certify (or declare) under penalty of perjury that the SYSTEM OVERAGE PUBLIC SAFETY RADIO foregoing is true and correct. Ctry Attom.y's summery This Ordinance requires the mstall3don of 800 Dated at Palm Springs, California this---26t", -- jay MMZ and 150 MHz rw.+munlcanons Systems or .approved amplification aystnms In nety domfep- mant or retrofitted dwldngs to ensure effectrvo and continuous public satery radio pommunlcanon of-- Septemb +----------, 2007 for emergency service Opemtors. ' f C1I I r Thompson, City Clerk of the Cityy m 11122 CIO lm S nanceSNos. 17vv21 and mwereOmlrotlucedf grdia � -----„^--------"� of tho Ca 19tn day of Suptem at, 2007, by the followin vah ,w� +C Signature AYES: Counmlmomhars Feat, McCuWtth, Mills, -rem ?mtl / Mauo-r Pro PcugneL Mayor Odene None OIL LLJ N :�� (Zi �17'�'O� ABSENT JAMES THTOMPS N his- RK CA "rC Publinheee 0/26/2007 .s grid L a — - PROOF OF PUBLICATION This is space for County Clcl'k's Filing Stamp (2015.5.C.C.P) STATL OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen ---------- years, and not a party to or interested in the above -entitled matter. I am the principal clerk of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside, and which newspaper has been No. 3159 CITY OF PALM SPRINGS adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of ORDINANCE NO. 1721 California under the date of March 24, 1988. Case AN ORDINANCE OF THE CITY OF PALM SPflINGS, CALIFaRNIA APPROVING AND Number I9I23G; that the notice, oflvhich the ADOPTINO THE COMMLNIYY REDEVELOP- MENT AGENCY'S PROGRAM TO ACoolRE annexed is x printed copy (set in type not smaller COMMERCIAL REAL PROPERTY BY EMINENT (, DOMAIN IN THE MERGED AREA NO. 1 AND {V�I than non eriel, has been published in Cffeh regular p P g MERGED AREA NO. 2 REDEVELOPMENT PRO entire issue of said newspaper and not in any JEGTS supplement thereof on the following dates, to wit: city Attomey's summary ThIs Ordinance dosaribas the Commundy, d' (]CtObeY I0 , 2007 pRuds- 0 41iYoughg p anm %or IhaganC ucou'sironalof real prop60 9minenr domain as provrdad In lea Rc- _.--.-.----W-..—___ devOlopmunt Rlans of the Apcncy, ire ludIng all Jimltehons on thu use Of eminent domain con- tained In such_Rodovciapment Plans. All in the year 2007 ORDINANCE NO, 1722 AN ORDINANCE OF THE CITY OF PALM T eerrify (or declare) under penalty of perjury that the SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL foregoing is true and correct. CODE R ELATINGCOVERAT PUBLIC SAFETY RADIO Dated of palm Springs, California this —10m , ---day City Attaroey's Summary This Ordinance. requims the. installation of 800 " MPIZ pnd-150 MR_ communrcatlens systems -or appromd ampl,ncat/on s stems In new develop - bwioyngvs to ensum c•rrrcnve of October -- -, 2007 ^' menr or retrofttod and continuous public salary radio communication for omurgBncy service opemtars ;pn I James Thompson, City Clerk of the Cl tyy al LC ry. F Palm Springs, California h2 wer certify they at a nonce Nos 1721 and City were Introduced at a CL N sn 7- --�------._---�-__— •' � d' reggular 7. a d of the PrY Council on September 19, aCou, adopted of a toqqular meeting of thn � aZ i �C Sig lure CiN�Coanal On October 3, _007, by the following Council October La N � - �W vote: McCulloch, Mills, CC MapEnr prouTorn Pougnet, and Moyer NOES: None �U N ABSENT: None Ud f—} JAMES TI•IOMPSON �O• �U Published: 70/70/2007 CITY CLERK_ � } o C W q CITY OF PALM SPRINGS ORDINANCE NO, 1721 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE. COMMERCIAL REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED AREA NO. 1 AND MERGED AREA NO. 2 REDEVELOPMENT PROJECTS CitvAttornev's Summary This Ordinance describes the Community Redevelopment Agency of Palm Springs existing program for the acquisition of real property through eminent domain as provided in the adopted Redevelopment Plans of the Agency, including all limitations on the use of eminent domain contained in such Redevelopment Plans. ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE Citv Attornev's 5ummary This Ordinance requires the installation of 800 MHZ and 150 MHz communications systems or approved amplification systems in new development or retrofitted buildings to ensure effective and continuous public safety radio communication for emergency service operators. I, James Thompson, City Cleric of the City of Palm Springs, California, hereby certify that Ordinance Nos. 1721 and 1722 were introduced at a regular meeting of the City Council on September 19, 2007, and adopted at a regular meeting of the City Council on October 3, 2007, by the following vote: AYES: Councilmembers Foat, McCulloch, Mills, Mayor Pro Tern Pougnet, and Mayor Oden NOES: None ABSENT: None �OMES THOMPSON - CITY CLERK y - T �F ?ALAI sp e _ City of Palm Springs io " Office of the City Clerk °°'°ems^ 32UU l T,ahyuia Canvon Wny • Palm Springs, California 92363 Cg41FO�P Tel (760) 32,-R]O i ' Fix, (700) 32'-F332 • Web: www.palmsprings-ca.gov PROPOSED ORDINANCE NO. 1721 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE COMMERCIAL REAL PROPERTY BY EMINENT DOMAIN IN THE MERGED AREA NO. 1 AND MERGED AREA NO. 2 REDEVELOPMENT PROJECTS Citv Attornev's Summary This Ordinance describes the Community Redevelopment Agency of Palm Springs existing program for the acquisition of real property through eminent domain as provided in the adopted Redevelopment Plans of the Agency, including all limitations on the use of eminent domain contained in such Redevelopment flans. PROPOSED ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE Citv Attornev's Summary This Ordinance requires the installation of 800 MHZ and 150 MHz communications systems or approved amplification systems in new development or retrofitted buildings to ensure effective and continuous public safety radio communication for emergency service operators - I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Ordinance Nos. 1721 and 1722 were introduced at a regular meeting of the City Council on the 19)h day of September, 2007, by the following vote: AYES: Councilmembers Foat, McCulloch, Mills, Mayor Pro Tem Pougnet, and-- Mayor Oden NOES: None ABSENT: None MES THOMPSON ITY CLERK PusL Office 13ux 2743 0 Palm Springs, Califurnia 92263-2743