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Home My WebLink About11/19/2003 - STAFF REPORTS (4) CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 5, 2003 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 5, 2003, at 5:30 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: Councilmernbers Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Hodges The meeting was opened with the Salute to the Flag, and an invocation by Pastor David Pelletier— Metropolitan Community Church REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 31, 2003. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY- No Business PUBLIC COMMENTS: Sergio Santo, representing the Taxicab operators, expressed appreciation for past work with the City and added that it is hoped the cooperation will continue. Dawn Mills, Palm Springs, expressed appreciation for the service given to the City by Mayor Kleindienst and added that campaign signs should be picked up within 5 days of the election. Wendy Busig-Kohn, Palm Springs, concurred with Ms. Mills. Marvin Roos, Palm Springs, submitted a letter dated July 22, 1998 regarding sewer hookup fees. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Hodges absent, that items 1 through 12, excluding item 9 and 11, be adopted. Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes October 15, 2003. 2. MO 7388 approving a lease agreement with Paradies Shops, LLC for the operation of retail merchandise unit cart at the Palm Springs International Airport Council Minutes 11-05-03, Page 2 for a percentage rental payment based on sales. Term through November 15, 2009 with one-five year renewal option. A4792. 3. MO 7389 approving a lease agreement with Sierra Aviation Group for porter services for the airlines and space rental at the Palm Springs International Airport on a month to month basis term ending November 15, 2007 for an annual rate of $11,283.75. A4793. 4. MO 7390 approving Change Order 1 to A4674 with Yeager Skanska for additional equipment related to the southerly airport terminal access roadway security reconfiguration for$432,837.01. Total contract $8,229,076.01. CP2002- 20, AIP 3-35. 5. MO 7391 approving the plans, specifications and working details and authorize the advertisement for construction bids for the Residential Sound Insulation Program (RSIP) Phase IV. CP2003-10. Mills abstain. 6. MO 7392 approving settlement agreement, copy on file in Office of the City Clerk, with Carol Sue Taian and Samir Taian related to claim of April 1, 2000. A4794. 7. MO 7393 approving an agreement for legal services with Sulmeyer Kupetz for $40,000 regarding PERMA. A4795. 8. MO 7394 approving purchase of water treatment chemicals with volume discount pricing per the CMAS contract with Ondeo-Nalco Company for a total of$65,000 for the term of 2003-04 fiscal year. 9. MO ------ approving contract with Sierra Pacific Electrical Contracting for the Tachevah Drive Flashing Crosswalk Project for $45,083. CP02-10. A-----. Cont'd to 11-19-03. 10, Res 20770 approving Final Map 31256 for Fomotor Engineering representing Alejo Caballeros LLC, to subdivide property located at 977 E. Alejo Road, Section 14, T4S, R4E. A4796. Hodges absent, Reller-Spurgin abstain due to proximity of residence. 11. SEE EXTENDED CONSENT AGENDA 12. Res 20771, 20772, and 20773 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 992245 Spurgin Family related Council Minutes 11-05-03, Page 3 EXTENDED CONSENT AGENDA: 11. FM 30968 - MOUNTAIN GATE PALM SPRINGS VENTURES Recommendation: That the Council approve Final Map 30963 for Mainiero, Smith and Associates representing Mountain Gate Palm Springs Ventures to subdivide property located at 3100 N. Palm Canyon Drive and 900 Gateway Drive, Section 34. T3S, R4E. A4797. Mayor Kleindienst and Councilmember Mills declared conflict of interest due to business relationship and proximity of residence. City Clerk requalified Mayor Kleindienst through drawing of lots. Councilmember Mills exited the Chamber. Resolution 20774 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and carried by the following vote, that R20774 be adopted. AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst NO: None ABSENT: Members Hodges and Mills. Councilmember Mills reentered the Chamber. PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: 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: 13. ANIMAL CONTROL OFFICER CITATION AUTHORITY Recommendation: That the Council revise Resolution 12967 to allow animal control personnel to enforce State Laws that are located in Codes other than the Penal and Municipal Codes that relate to animal control laws. City Manager reviewed the staff report. Resolution 20775 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that R20775 be adopted. Council Minutes 11-05-03, Page 4 14. MICROCHIPS FOR IDENTIFICATION OF ANIMALS COMPREHENSIVE FEE SCHEDULE AMENDMENT - MICROCHIPS Recommendation: That the Council approve the use of microchips for the purpose of animal identification; and amend the Comprehensive Fee Schedule to add the fee of$15.00 for implant. City Manager reviewed the staff report. Minute Order 7395 and Resolution 20776 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, Hodges absent, that M07395 and R20776 be adopted. 15. COMPREHENSIVE FEE SCHEDULE AMENDMENT — ANIMAL CONTROL FEES Recommendation: That the Council approve amending the Comprehensive Fee Schedule to add and increase fees related to Animal Control fees. City Manager reviewed the staff report. Resolution 20777 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Hodges absent, that R20777 be adopted. 16. ORDINANCES FOR SECOND READING &ADOPTION City Clerk read Title of Ordinance 1638 (Intro 10-1-03) as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS And City Clerk read Title of Ordinance 1639 (Intro 10-15-03) as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING EXISTING CHAPTER 8.50 IN ITS ENTIRETY AND ADDING CHAPTER 8.50 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO FUGITIVE DUST CONTROL after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that further reading be waived and Ordinances 1638 and 1639 be adopted. Council Minutes 11-05-03, Page 5 17. SEWER SERVICE CONNECTION CHARGES Recommendation: That the Council consider continuation of the reduction in Sewer Connection Fees effective July 1, 2003. City Manager reviewed the staff report. Councilmember Mills stated that when this item was originally approved a fee study was to be done to determine the accurate charges and questioned the outcome of the study. Executive Director—Airports stated that the fee study was not performed, due to negotiations for the sale of the Wastewater Treatment Plant. Council consensus that the before the recommended resolution sunsets that a master plan study in relation to fee be completed. Resolution 20778 as revised was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that R20778 be adopted. 18. ORDINANCE FOR INTRODUCTION & FIRST READING — TRANSIENT OCCUPANCY TAX Recommendation: That the Council introduce for first reading Ballot Measure I, if passed by the voters at the November 4, 2003 election for codification purposes. Should the Measure be defeated, the item will be withdrawn. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 3.24.030, 3.24.035, 3.24.036, 3.24.037 AND 3.24.037(A) OF THE PALM SPRIGNS MUNICIPAL CODE AND AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING A NEW SECTION 3.24.030 TO IMPOSE TAX ON HOTEL GUESTS AND ADDING A NEW SECTION 3.24.035 TO IMPOSE TAX ON GROUP MEETING HOTEL GUESTS after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that further reading be waived and the Ordinance be introduced for first reading. ADDITIONAL LEGISLATIVE ITEMS: 19. COMPREHENSIVE FEE SCHEDULE AMENDMENT— SKATE PARK Recommendation: That the Council approve amending the Comprehensive Fee Schedule to establish a yearly membership and daily admission fees for use of the Palm Springs Skate Park. City Manager withdrew the item. Council Minutes 11-05-03, Page 6 ADDED STARTERS: Motion to consider adding an item was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges absent, that the need for action rose subsequent to the posTing of the agenda and the item be discussed. AS1. Recommendation: That the Council approve a material change for the wall behind the Visitor Center desks. Executive Director—Airports reviewed the staff report. Minute Order 7396 as recommended was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, Hodges absent, that MO7396 be adopted. REPORTS & REQUESTS: CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk