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Home My WebLink About2004 - MINUTES - 12/15/2004 CITY OF PALM SPRINGS CITY COUNCIL MINUTES December 15, 2004 ' A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Oden, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 15, 2004, at 5:00 p.m. The City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers McCulloch, Mills, Pougnet and Mayor Oden Absent: Councilmember Foat The meeting was opened with the Salute to the Flag lead by Mayor Pro Tem Mills, and an invocation by Father Miguel Ceja, Our Lady of Solitude Catholic Church. PRESENTATIONS: a) American Public Works Association 2004 Project of the Year, Traffic Calming Program b) Operation SafeHouse National Runaway Prevention Month REPORT OF POSTING OF AGENDA: Acting City Clerk reported that the agenda was posted in accordance with Council procedures on December 10, 2004. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All ' Entities) - See items on Page 5 of agenda this date. APPOINTMENT OF MAYOR PRO TEM On motion by Mayor Pro Tem Mills, seconded by Councilmember Pougnet, and carried by a majority (4-0-1, Foat absent) Councilmember McCulloch was appointed as Mayor Pro Tem. COMMUNITY REDEVELOPMENT AGENCY: HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: No Business PUBLIC COMMENTS The following spoke in opposition of the Hillside (Mountain Region) Initiative: Earnest Vincent, Palm Springs, and read parts of a letter from Marvin Roos (letter submitted for the record before the meeting) Ziva Hillinger, Palm Springs David Viney, Palm Springs Nick DiBari, Palm Springs Roger Horswill, Palm Springs Jerry Herman, North Palm Springs Wesley Cole, Palm Springs Steve Lyle, Palm Springs , Robert Evans, Palm Springs Joy Meredith, Palm Springs Mario Gonzales, Palm Springs Sam Spinello, no resident address provided Council Minutes 12-15-04, Page 2 ' The following spoke in support of the Hillside (Mountain Region) Initiative: Jane Smith, Palm Springs Frank Tyson, Palm Springs Charles Sack, Palm Springs Vic Gainer, Palm Springs Dana Stewart, Palm Springs Frank Gaydos, Palm Springs Ran Wyosr, Indian Wells, spoke in support of the Palm Hills development. APPROVAL OF CONSENT AGENDA: Items 1 thru 15. CONSENT AGENDA: Councilmember Pougnet declared conflict of interest, business client related, relating to Consent Agenda Item 8, and stated he shall abstain from voting on that item. On motion by Mayor Pro Tem McCulloch, seconded by Councilmember Mills, and carried by a majority (4-0-1, Foat absent) Consent Agenda Items 1, 3, 7, 8, 9, 10, 11, 12, and 15 were approved as presented. Review by City Manager of Consent Items to be clarified. ' 1. Approval of Minutes, October 20, 2004, Regular 2. MO ---- approving Amendment 1 to A4043 with Airport Displays LTD, extending the term through December 2009, for advertising at the airport. A4043 Withdrawn by City Manager 3. Res 21157 declaring the results of the Special Municipal Election held November 2, 2004. 4. SEE EXTENDED CONSENT AGENDA 5. SEE EXTENDED CONSENT AGENDA 6. SEE EXTENDED CONSENT AGENDA 7. MO 7593 approving the issuance of a Purchase Order to The SoCo Group Inc, for bulk gas and diesel fuel, not to exceed the budgeted amount for each fiscal year. 8. Res 21158 approving Parcel Map 32639 prepared by Sanborn A/E, representing Allen Ravert, Glen Dobbs, and Bernadett O'Rourke to subdivide property located at 215 Via Lola, Section 10, Township 4S, Range 4E. Councilmember Pougnet abstained due to conflict of interest, business client. ' 9. Res 21159 approving Amendment 2 to A2535 with Warner Cable Communications for an additional term of one year. 10. Res 21160 approving Amendment 1 to A2792 with Palmer Cablevision for an additional term of one year. Council Minutes 12-15-04, Page 3 11. Res 21161 supporting the exploration of a Sister City Program relationship with ' the People's Republic of China and designating Arthur Block to represent the City during his upcoming visit to Shenghen, China. 12. MO 7594 approving an agreement with Bartle Wells, to prepare a Wastewater cost service study, in an amount not-to-exceed $24,800, and authorizing the City Attorney to prepare a contract services agreement. A5009 13. SEE EXTENDED CONSENT AGENDA 14. SEE EXTENDED CONSENT AGENDA 15. Res 21162 and 21163 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Item 8: Councilmember Pougnet declared Conflict of Interest due to business client. Councilmember Warrant# Payee Particular Nature of Conflict Mills 1001810 Animal Medical Hospital Bus Related EXTENDED CONSENT AGENDA: 4. MO 7595 approving Amendment 4 to A4577 with Turner Construction, for ' additional supervisory staffing, in the amount of$96,000. A4577 On motion by Councilmember Mills, seconded by Mayor Pro Tem McCulloch, and carried by a majority (4-0-1, Foat absent) MO 7595 was adopted approving Amendment 4 to A4577 with Turner Construction, for additional supervisory staffing, in the amount of$96,000. 5. Res 21164 ratifying all Convention Center Expansion Project change orders authorized by the Project Administrator through December 15, 2004, and authorizing an additional $500,000 in change orders to the Project Administrator. On motion by Councilmember Mills, seconded by Mayor Pro Tem McCulloch, and carried by a majority (4-0-1, Foat absent) Res 21164 was adopted to ratify all Convention Center Expansion Project change orders authorized by the Project Administrator through December 15, 2004, and authorizing an additional $500,000 in change orders to the Project Administrator. 6. MO 7596 approving an agreement with Impact General Inc, for as-needed health, safety, and risk management services, in the amount of$70,000. A4941 On motion by Councilmember Pougnet, seconded by Mayor Pro Tem McCulloch, and carried by a majority (3-1-1; Mills no, Foat absent) MO 7596 was adopted approving an agreement with Impact General Inc:, for as-needed health, safety, ' and risk management services, in the amount of$70,000. 13. MO 7597 rescinding Minute Order 7592 which approved a Contract Services Agreement with Willdan for temporary planning .services, in an amount not-to- exceed $40,000. A4979 Council Minutes 12-15-04, Page 4 ' On motion by Councilmember Pougnet, seconded by Councilmember Mills, and carried by a majority (4-0-1, Foat absent) MO 7597 was adopted rescinding Minute Order 7592 which approved a Contract Services Agreement with Willdan for temporary planning services, in an amount not-to-exceed $40,000. 14. MO 7598 approving and authorizing the City Attorney to prepare a Contract Services Agreement with Willdan for temporary planning services from September 1, 2004 through February 28, 2005, in an amount not-to-exceed $106,000. A5010 On motion by Councilmember Pougnet, seconded by Councilmember Mills, and carried by a majority (4-0-1, Foat absent) MO 7598 was adopted approving and authorizing the City Attorney to prepare a Contract Services Agreement with Willdan for temporary planning services from September 1, 2004 through February 28, 2005, in an amount not-to-exceed $106,000. 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: 16. ESTABLISHMENT OF A 401 PLAN FOR DEPARTMENT HEADS Recommendation: That the City Council approve the establishment of a 401 Plan for the purpose of creating a benefit to Department Heads at no cost to the City. City Manager and Director of Finance presented the staff report, adding the fact that four (4) of the City's bargaining units, Palm Springs Police Officers Association, Palm Springs Police Management Association, Palm Springs Fire Management Association, and Management Association of Palm Springs, have voluntarily come forward requesting their bargaining units be included and eligible to participate in the 401 Plan. On motion by Councilmember Pougnet, seconded by Councilmember Mills, and carried by a majority vote (4-0-1, Foat absent) Res 21165 was adopted approving the establishment of a 401 Plan for the purpose of creating a benefit to Department Heads, Palm Springs Police Officers Association, Palm Springs Police Management Association, Palm Springs Fire Management Association, and Management Association of Palm Springs at no cost to the City. 17. ESTABLISHMENT OF RETIREMENT HEALTH SAVINGS PLAN FOR ' DEPARTMENT HEADS Recommendation: That the City Council approves the establishment of a Retirement Health Savings (RHS) Plan for Department Heads administered by ICMA Retirement Corporation at no cost to the City. Council Minutes 12-15-04, Page 5 City Manager and Director of Finance presented the staff report, adding the fact ' that four (4) of the City's bargaining units, Palm Springs Police Officers Association, Palm Springs Police Management Association, Palm Springs Fire Management Association, and Management Association of Palm Springs, have voluntarily come forward requesting their bargaining units be included and eligible to participate in the RHS Plan. On motion by Councilmember Pougnet, seconded by Councilmember Mills, and carried by a majority vote (4-6-1, Foat absent) Res 21166 was adopted approving the establishment of a RHS Plan for Department Heads, Palm Springs Police Officers Association, Palm Springs Police Management Association, Palm Springs Fire Management Association, and Management Association of Palm Springs at no cost to the City. 18. OPPOSING THE MOUNTAIN REGION INITIATIVE Recommendation: That the Council consider adopting the resolution opposing the Mountain Region Initiative. Withdrawn by City Manager 19. SUPPORTING THE PALM HILLS REFERENDUM Recommendation: That the Council consider adopting the resolution supporting ' the Palm Hills Referendum. Withdrawn by City Manager ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor Pro Tern McCulloch: Requested a review of the purchasing and contracting process at a future study session. Councilmember Mills: Requested a status report of all projects/applications including the planner assigned. Requested a report on the take home vehicle policy. Council Minutes 12-15-04, Page 6 ' PUBLIC reports or requests Dana Stewart, Palm Springs, spoke in support of the Hillside (Mountain Region) Initiative. Robert Evans, Palm Springs, spoke in opposition of the Hillside (Mountain Region) Initiative. STAFF reports or requests 20. Director of Finance Fiscal Year 2003-04 City of Palm Springs Development Project Fee Report Received & Filed 21. Director of Finance Treasurer's Investment Report as of October 31, 2004 Received & Filed ADJOURNMENT: There being no further business, Mayor Oden declared the meeting adjourned at 9:35 p.m., ' Respectfully submitted, v�40,� Kathie Hart, CIVIC Acting City Clerk