Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Items 2.E. and 2.F. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested Items 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Consent Calendar Item 2.L.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. O & M TAHQUITZ, LLC, MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 ROOMS AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, CASE 5.1160, PD 341, TENTATIVE PARCEL MAP 35989, TAHQUITZ/HERMOSA HOTELS, SECTION 14:
Staff Report Item 1.A.
ACTION:
1) Continue the Public Hearing to September 17, 2008, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
By consensus of the City Council.
PUBLIC COMMENT:
DARRON DAHLE, commented on Item 2.E., and requested the City Council amend the ordinance to allow for directional arrows and lights.
RODOLFO CASTILLO, commented on Item 2.E., and requested the City Council amend the ordinance to allow directional arrows and lights.
MIKE MCLEAN, commented on Item 3.A., Vacation Rental Ordinance, requested the City Council amend the ordinance with respect to outdoor amplified music, and the local contact person notification.
JOHN WILLIAMS, Palm Springs, stated his support for the Vacation Rental Ordinance and Event House Ordinance, without further modifications.
RENO FONTANA, commented on Item 2.F., with respect to Event Houses, and protection of the surrounding neighborhood.
LAURA FONTANA, commented on Item 2.F., with respect to Event Houses, and protection of the surrounding neighborhood.
The City Council recessed at 6:51 p.m.
The City Council reconvened at 6:55 p.m.
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., and 2.S. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., and 2.S. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. STAFF AUTHORIZED AGREEMENTS FOR JULY 2008:
Staff Report Item 2.D.
2.I. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2008:
Staff Report Item 2.I.
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5546 WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ADDITIONAL FOCUSED ENTITLEMENT AND PLANNING SERVICES TO COMPLETE "THE TRAILS" PROJECT, CASE 5.1165-PD-344, IN THE AMOUNT OF $34,450.00:
Staff Report Item 2.J.
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A5400 WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR THE WATER SUPPLY STUDY FOR THE SECTION 14 MASTER DEVELOPMENT PLAN SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT:
Staff Report Item 2.K.
2.L. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS:
Staff Report Item 2.L.
2.M. ACCEPTANCE OF $27,000 AND $12,206 IN GRANT FUNDING FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM TO PARTIALLY FUND THE EQUIPPING OF A POLICE PATROL VEHICLE WITH AN AUTOMATIC LICENSE PLATE RECOGNITION DEVICE AND UPDATE THE ACCESS SYSTEM OF THE POLICE TRAINING CENTER:
Staff Report Item 2.M.
2.N. ACCEPTANCE OF AN ADDITIONAL $29,000 IN FUNDING TO THE EXISTING $110,000 OFFICE OF TRAFFIC SAFETY DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT AND AUTHORIZE THE PURCHASE OF A LICENSE PLATE READER SYSTEM:
Staff Report Item 2.N.
2.O. AMENDMENT NO. 16 TO AGREEMENT NO. A4382 WITH GENSLER ARCHITECTURAL DESIGN SERVICES FOR ADDITIONAL SERVICES RELATED TO THE AIRPORT IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT, FOR AN ADDITIONAL AMOUNT OF $50,000, CP 07-09:
Staff Report Item 2.O.
2.P. AGREEMENT WITH HNTB CORP. TO PREPARE THE AIRPORT MASTER PLAN IN THE AMOUNT OF $581,647:
Staff Report Item 2.P.
2.Q. APPROVE PARCEL MAP 35235 FOR PROPERTY LOCATED AT 1717 VISTA CHINO:
Staff Report Item 2.Q.
2.R. RENEW THE MEMORANDUM OF UNDERSTANDING, AGREEMENT NO. A4722, WITH THE COACHELLA VALLEY NARCOTIC TASK FORCE:
Staff Report Item 2.R.
2.S. DEMOLITION OF BATTING CAGES AT DEMUTH PARK:
Staff Report Item 2.S.
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1744, RELATING TO PORTABLE OPEN SIGNS:
Staff Report Item 2.E.
Councilmember Weigel stated the Ordinance was well written and a good compromise, and noted his support for the Ordinance.
Mayor Pro Tem Foat requested staff address the prohibition of arrows.
Councilmember Mills noted restrictions of the placement of signs and requested staff address the limitations.
Mayor Pougnet requested staff address the preparation of administrative rules and regulations.
Motion to Waive further reading and adopt 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." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to Waive further reading and adopt 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." (Approved)
Mayor Pro Tem Foat requested a periodic review of the portable sign ordinance.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1745, RELATING TO EVENT HOUSES:
Staff Report Item 2.F.
City Attorney Holland provided background information as outlined in the staff report dated September 3, 2008.
Mayor Pro Tem Foat requested the City Attorney review the insurance requirements of the City, requested the definition of "remuneration" be modified to exclude services such as cleaning services for charity events, and commented on the number of events by the same person within a 24-hour period.
Councilmember Weigel requested staff address flexibility with respect to Section 5.75.075(k), to provide guidelines and impose conditions on certain events and certain locations.
Councilmember Mills noted his concerns with the flexibility provided by staff in the Ordinance, and recommended multi-day events without set-up.
Councilmember Weigel suggested the City Council adopt the Ordinance, and the City Council adopt procedures for City Staff to implement the provisions of the Code.
Mayor Pro Tem Foat requested a periodic review in six or eight months with respect to the regulations, and requested staff review the suggestions by Reno Fontana.
Motion to Re-introduce for 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 Section 5.75.020 the definition of Event to read "Event means an occurrence or social occasion or other activity that involves a gathering of persons including, without limitation, a reception or party;" and append the definition of Remuneration to include "but does not include reimbursement for actual clean up costs."
Moved by Councilmember Weigel, seconded by Mayor Pro Tem Foat.
Vote to Re-introduce for 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 Section 5.75.020 the definition of Event to read "Event means an occurrence or social occasion or other activity that involves a gathering of persons including, without limitation, a reception or party;" and append the definition of Remuneration to include "but does not include reimbursement for actual clean up costs."
(Approved)
2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1746, RELATING TO VACANT AND BOARDED BUILDINGS:
Staff Report Item 2.G.
Mayor Pro Tem Foat requested staff address the timing of the remedies through a foreclosure process, and requested the timing be moved up procedurally.
Councilmember Hutcheson commented on the definition of "evidence of vacancy," and requested staff address the proposed fees.
Councilmember Weigel stated the Ordinance is reactive and not proactive, suggested the ordinance be used to educate the banks and trustees, requested staff address if the Ordinance would encompass homes under construction, the posting of a sign on foreclosed properties, and requested the removal of the sign provision.
Councilmember Mills stated his opposition to the posting of a sign as required by the Ordinance.
Motion to Reintroduce for 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,"
amending the Ordinance to remove the sign posting provisions
. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to Reintroduce for 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,"
amending the Ordinance to remove the sign posting provisions
. (Approved)
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1747, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE:
Staff Report Item 2.H.
Motion to Waive further reading and adopt Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Waive further reading and adopt Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE." (Approved)
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:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated September 3, 2008.
Councilmember Mills recommended the City develop the form to be used, requested a modification to mailing within 300 feet per residence, commented on the "good neighbor" brochure, the problems of fairness with the prohibition of outdoor amplified music, and stated his support for a central call in telephone.
Mayor Pro Tem Foat commented on the proposal for a central telephone number, and stated such could be contracted out to an answering service, commented on the "good neighbor" brochure, requested staff address the business license requirements, and requested the deletion of the requirement to publish on the City’s website.
Mayor Pro Tem Foat requested staff address when a violation occurs and who gets fined.
Councilmember Mills commented on the "good neighbor" brochure.
The City Council discussed and/or commented on the first responders and the importance of Code Enforcement.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1748, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS,"
amending the Ordinance Section 5.25.060(c) by deleting the provision to name the City as an additional insured, deleting Section 5.25.060(f), amending Section 5.25.070(c) prefixed to read "During the term each vacation rental unit is rented . . .," amending Section 5.25.070(f) to provide for a "good neighbor brochure."
Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1748, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS,"
amending the Ordinance Section 5.25.060(c) by deleting the provision to name the City as an additional insured, deleting Section 5.25.060(f), amending Section 5.25.070(c) prefixed to read "During the term each vacation rental unit is rented . . .," amending Section 5.25.070(f) to provide for a "good neighbor brochure."
(Approved)
Councilmember Hutcheson returned to the dais.
3.B. PROPOSED SKATE PARK ORDINANCE:
Staff Report Item 3.B.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 3, 2008.
Councilmember Weigel requested staff address the walk through and log requirements, and the operations and patrol of the skate park facility.
Mayor Pro Tem Foat requested staff address the responsibility just to post the signs and the City is not required to enforce the equipment requirements.
Councilmember Hutcheson requested staff address any problems since the park is now free of charge.
Councilmember Weigel requested staff address excluding persons who are not following the rules.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1749, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1749, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS." (Approved)
4. UNFINISHED BUSINESS:
4.A. TEMPORARY WAIVER TO THE PALM SPRINGS STADIUM CONCERT POLICY BY ALLOWING YOUTH CONCERTS:
Staff Report Item 4.A.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 3, 2008.
Councilmember Mills requested staff address the attendance restrictions.
Motion to approve Waive Minute Order No. 5540 prohibiting band concerts at the Palm Springs Stadium for a one-year period and allow up to three youth concerts, with attendance limited to 500 per event and ending at 8:00 p.m. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to approve Waive Minute Order No. 5540 prohibiting band concerts at the Palm Springs Stadium for a one-year period and allow up to three youth concerts, with attendance limited to 500 per event and ending at 8:00 p.m. (Approved) (Recorded at 02:13:26)
4.B. CONSIDERATION OF CHANGES TO PALM TREE TRIMMING POLICY:
Staff Report Item 4.B.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 3, 2008.
The City Council discussed and/or commented on the following with respect to the Palm Tree trimming policy: leaving the Filifera in their natural state, skinning and the removal of skirts for Robusta, the removal of seed pods, and ensuring any skirts are trimmed to a level of 12 feet from the ground.
Motion to 1) Direct staff to prepare a Resolution to approve a Palm Tree Trimming Policy that provides for unskinned trunks and skirts for Filifera Palm Trees, skinned trunks and the removal of skirts for Robusta Palm Trees; and 2) Direct staff to develop an implementation and phase-in policy for Council consideration. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Direct staff to prepare a Resolution to approve a Palm Tree Trimming Policy that provides for unskinned trunks and skirts for Filifera Palm Trees, skinned trunks and the removal of skirts for Robusta Palm Trees; and 2) Direct staff to develop an implementation and phase-in policy for Council consideration. (Approved)
5. NEW BUSINESS:
5.A. APPOINT A MEMBER TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2011:
Motion to Appoint Tim Albert to the Palm Springs International Airport Commission for the term ending June 30, 2011. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Appoint Tim Albert to the Palm Springs International Airport Commission for the term ending June 30, 2011. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested an update on the Budget and outline the revenue side of the budget, a time table to implement AB811, and requested an update on the City’s website.
Mayor Pougnet requested staff place on the September 17, 2008, agenda a proposal to address the implementation of AB811, and requested staff place on the next agenda a proposed resolution in opposition of Proposition 7.
Mayor Pro Tem Foat requested staff place on the September 17, 2008, agenda a proposed resolution in opposition of Proposition 8.
ADJOURNMENT:
Sep 03, 2008 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Items 2.E. and 2.F. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested Items 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Consent Calendar Item 2.L.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. O & M TAHQUITZ, LLC, MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 ROOMS AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, CASE 5.1160, PD 341, TENTATIVE PARCEL MAP 35989, TAHQUITZ/HERMOSA HOTELS, SECTION 14:
Staff Report Item 1.A.
ACTION:
1) Continue the Public Hearing to September 17, 2008, without public testimony; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing.
By consensus of the City Council.
PUBLIC COMMENT:
DARRON DAHLE, commented on Item 2.E., and requested the City Council amend the ordinance to allow for directional arrows and lights.
RODOLFO CASTILLO, commented on Item 2.E., and requested the City Council amend the ordinance to allow directional arrows and lights.
MIKE MCLEAN, commented on Item 3.A., Vacation Rental Ordinance, requested the City Council amend the ordinance with respect to outdoor amplified music, and the local contact person notification.
JOHN WILLIAMS, Palm Springs, stated his support for the Vacation Rental Ordinance and Event House Ordinance, without further modifications.
RENO FONTANA, commented on Item 2.F., with respect to Event Houses, and protection of the surrounding neighborhood.
LAURA FONTANA, commented on Item 2.F., with respect to Event Houses, and protection of the surrounding neighborhood.
The City Council recessed at 6:51 p.m.
The City Council reconvened at 6:55 p.m.
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., and 2.S. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.I., 2.J., 2.K., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., and 2.S. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. STAFF AUTHORIZED AGREEMENTS FOR JULY 2008:
Staff Report Item 2.D.
2.I. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2008:
Staff Report Item 2.I.
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5546 WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ADDITIONAL FOCUSED ENTITLEMENT AND PLANNING SERVICES TO COMPLETE "THE TRAILS" PROJECT, CASE 5.1165-PD-344, IN THE AMOUNT OF $34,450.00:
Staff Report Item 2.J.
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A5400 WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR THE WATER SUPPLY STUDY FOR THE SECTION 14 MASTER DEVELOPMENT PLAN SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT:
Staff Report Item 2.K.
2.L. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS:
Staff Report Item 2.L.
2.M. ACCEPTANCE OF $27,000 AND $12,206 IN GRANT FUNDING FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM TO PARTIALLY FUND THE EQUIPPING OF A POLICE PATROL VEHICLE WITH AN AUTOMATIC LICENSE PLATE RECOGNITION DEVICE AND UPDATE THE ACCESS SYSTEM OF THE POLICE TRAINING CENTER:
Staff Report Item 2.M.
2.N. ACCEPTANCE OF AN ADDITIONAL $29,000 IN FUNDING TO THE EXISTING $110,000 OFFICE OF TRAFFIC SAFETY DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT AND AUTHORIZE THE PURCHASE OF A LICENSE PLATE READER SYSTEM:
Staff Report Item 2.N.
2.O. AMENDMENT NO. 16 TO AGREEMENT NO. A4382 WITH GENSLER ARCHITECTURAL DESIGN SERVICES FOR ADDITIONAL SERVICES RELATED TO THE AIRPORT IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT, FOR AN ADDITIONAL AMOUNT OF $50,000, CP 07-09:
Staff Report Item 2.O.
2.P. AGREEMENT WITH HNTB CORP. TO PREPARE THE AIRPORT MASTER PLAN IN THE AMOUNT OF $581,647:
Staff Report Item 2.P.
2.Q. APPROVE PARCEL MAP 35235 FOR PROPERTY LOCATED AT 1717 VISTA CHINO:
Staff Report Item 2.Q.
2.R. RENEW THE MEMORANDUM OF UNDERSTANDING, AGREEMENT NO. A4722, WITH THE COACHELLA VALLEY NARCOTIC TASK FORCE:
Staff Report Item 2.R.
2.S. DEMOLITION OF BATTING CAGES AT DEMUTH PARK:
Staff Report Item 2.S.
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1744, RELATING TO PORTABLE OPEN SIGNS:
Staff Report Item 2.E.
Councilmember Weigel stated the Ordinance was well written and a good compromise, and noted his support for the Ordinance.
Mayor Pro Tem Foat requested staff address the prohibition of arrows.
Councilmember Mills noted restrictions of the placement of signs and requested staff address the limitations.
Mayor Pougnet requested staff address the preparation of administrative rules and regulations.
Motion to Waive further reading and adopt 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." Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to Waive further reading and adopt 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." (Approved)
Mayor Pro Tem Foat requested a periodic review of the portable sign ordinance.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1745, RELATING TO EVENT HOUSES:
Staff Report Item 2.F.
City Attorney Holland provided background information as outlined in the staff report dated September 3, 2008.
Mayor Pro Tem Foat requested the City Attorney review the insurance requirements of the City, requested the definition of "remuneration" be modified to exclude services such as cleaning services for charity events, and commented on the number of events by the same person within a 24-hour period.
Councilmember Weigel requested staff address flexibility with respect to Section 5.75.075(k), to provide guidelines and impose conditions on certain events and certain locations.
Councilmember Mills noted his concerns with the flexibility provided by staff in the Ordinance, and recommended multi-day events without set-up.
Councilmember Weigel suggested the City Council adopt the Ordinance, and the City Council adopt procedures for City Staff to implement the provisions of the Code.
Mayor Pro Tem Foat requested a periodic review in six or eight months with respect to the regulations, and requested staff review the suggestions by Reno Fontana.
Motion to Re-introduce for 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 Section 5.75.020 the definition of Event to read "Event means an occurrence or social occasion or other activity that involves a gathering of persons including, without limitation, a reception or party;" and append the definition of Remuneration to include "but does not include reimbursement for actual clean up costs."
Moved by Councilmember Weigel, seconded by Mayor Pro Tem Foat.
Vote to Re-introduce for 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 Section 5.75.020 the definition of Event to read "Event means an occurrence or social occasion or other activity that involves a gathering of persons including, without limitation, a reception or party;" and append the definition of Remuneration to include "but does not include reimbursement for actual clean up costs."
(Approved)
2.G. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1746, RELATING TO VACANT AND BOARDED BUILDINGS:
Staff Report Item 2.G.
Mayor Pro Tem Foat requested staff address the timing of the remedies through a foreclosure process, and requested the timing be moved up procedurally.
Councilmember Hutcheson commented on the definition of "evidence of vacancy," and requested staff address the proposed fees.
Councilmember Weigel stated the Ordinance is reactive and not proactive, suggested the ordinance be used to educate the banks and trustees, requested staff address if the Ordinance would encompass homes under construction, the posting of a sign on foreclosed properties, and requested the removal of the sign provision.
Councilmember Mills stated his opposition to the posting of a sign as required by the Ordinance.
Motion to Reintroduce for 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,"
amending the Ordinance to remove the sign posting provisions
. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to Reintroduce for 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,"
amending the Ordinance to remove the sign posting provisions
. (Approved)
2.H. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1747, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE:
Staff Report Item 2.H.
Motion to Waive further reading and adopt Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Waive further reading and adopt Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE." (Approved)
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:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated September 3, 2008.
Councilmember Mills recommended the City develop the form to be used, requested a modification to mailing within 300 feet per residence, commented on the "good neighbor" brochure, the problems of fairness with the prohibition of outdoor amplified music, and stated his support for a central call in telephone.
Mayor Pro Tem Foat commented on the proposal for a central telephone number, and stated such could be contracted out to an answering service, commented on the "good neighbor" brochure, requested staff address the business license requirements, and requested the deletion of the requirement to publish on the City’s website.
Mayor Pro Tem Foat requested staff address when a violation occurs and who gets fined.
Councilmember Mills commented on the "good neighbor" brochure.
The City Council discussed and/or commented on the first responders and the importance of Code Enforcement.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1748, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS,"
amending the Ordinance Section 5.25.060(c) by deleting the provision to name the City as an additional insured, deleting Section 5.25.060(f), amending Section 5.25.070(c) prefixed to read "During the term each vacation rental unit is rented . . .," amending Section 5.25.070(f) to provide for a "good neighbor brochure."
Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1748, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.25 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO VACATION RENTALS,"
amending the Ordinance Section 5.25.060(c) by deleting the provision to name the City as an additional insured, deleting Section 5.25.060(f), amending Section 5.25.070(c) prefixed to read "During the term each vacation rental unit is rented . . .," amending Section 5.25.070(f) to provide for a "good neighbor brochure."
(Approved)
Councilmember Hutcheson returned to the dais.
3.B. PROPOSED SKATE PARK ORDINANCE:
Staff Report Item 3.B.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 3, 2008.
Councilmember Weigel requested staff address the walk through and log requirements, and the operations and patrol of the skate park facility.
Mayor Pro Tem Foat requested staff address the responsibility just to post the signs and the City is not required to enforce the equipment requirements.
Councilmember Hutcheson requested staff address any problems since the park is now free of charge.
Councilmember Weigel requested staff address excluding persons who are not following the rules.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1749, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1749, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS." (Approved)
4. UNFINISHED BUSINESS:
4.A. TEMPORARY WAIVER TO THE PALM SPRINGS STADIUM CONCERT POLICY BY ALLOWING YOUTH CONCERTS:
Staff Report Item 4.A.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 3, 2008.
Councilmember Mills requested staff address the attendance restrictions.
Motion to approve Waive Minute Order No. 5540 prohibiting band concerts at the Palm Springs Stadium for a one-year period and allow up to three youth concerts, with attendance limited to 500 per event and ending at 8:00 p.m. Moved by Mayor Pro Tem Foat, seconded by Councilmember Weigel.
Vote to approve Waive Minute Order No. 5540 prohibiting band concerts at the Palm Springs Stadium for a one-year period and allow up to three youth concerts, with attendance limited to 500 per event and ending at 8:00 p.m. (Approved) (Recorded at 02:13:26)
4.B. CONSIDERATION OF CHANGES TO PALM TREE TRIMMING POLICY:
Staff Report Item 4.B.
Sharon Heider, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 3, 2008.
The City Council discussed and/or commented on the following with respect to the Palm Tree trimming policy: leaving the Filifera in their natural state, skinning and the removal of skirts for Robusta, the removal of seed pods, and ensuring any skirts are trimmed to a level of 12 feet from the ground.
Motion to 1) Direct staff to prepare a Resolution to approve a Palm Tree Trimming Policy that provides for unskinned trunks and skirts for Filifera Palm Trees, skinned trunks and the removal of skirts for Robusta Palm Trees; and 2) Direct staff to develop an implementation and phase-in policy for Council consideration. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to 1) Direct staff to prepare a Resolution to approve a Palm Tree Trimming Policy that provides for unskinned trunks and skirts for Filifera Palm Trees, skinned trunks and the removal of skirts for Robusta Palm Trees; and 2) Direct staff to develop an implementation and phase-in policy for Council consideration. (Approved)
5. NEW BUSINESS:
5.A. APPOINT A MEMBER TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2011:
Motion to Appoint Tim Albert to the Palm Springs International Airport Commission for the term ending June 30, 2011. Moved by Councilmember Weigel, seconded by Councilmember Mills.
Vote to Appoint Tim Albert to the Palm Springs International Airport Commission for the term ending June 30, 2011. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested an update on the Budget and outline the revenue side of the budget, a time table to implement AB811, and requested an update on the City’s website.
Mayor Pougnet requested staff place on the September 17, 2008, agenda a proposal to address the implementation of AB811, and requested staff place on the next agenda a proposed resolution in opposition of Proposition 7.
Mayor Pro Tem Foat requested staff place on the September 17, 2008, agenda a proposed resolution in opposition of Proposition 8.
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