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Home My WebLink About2005-04-20 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 20, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 P.M. PLEDGE OF ALLEGIANCE: Chief Deputy City Clerk Hart led the Pledge. INVOCATION: Reverend Kevin Johnson, Bloom in the Desert Ministries, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, City Attorney Holland, Chief Deputy City Clerk Hart, City Treasurer Kanarr. PRESENTATIONS: Mayor Oden and the City Council presented a plaque to the Palm Springs Noon Rotary for sponsoring and providing a donation for shirts for the Airport Navigator Volunteer Program. Mayor Oden and the City Council presented a Commendation to the Boys and Girls Club in recognition of their Push Forward Program. Mayor Oden and the City Council proclaimed the Month of April, 2005 as Sexual Assault Prevention Awareness Month in the City of Palm Springs. ACCEPTANCE OF THE AGENDA: Mayor Pro Tem McCulloch abstained on Consent Calendar Item 2.B., Warrant No. 1004560 Desert Fire Extinguisher as business related. Councilmember Mills removed Items 2.1 and 2.J from the Consent Calendar for separate discussion. Councilmember Foat removed Item 2.B. from the Consent Calendar for separate discussion. Councilmember Foat requested clarification on the construction start date for Item 2.C., and requested the neighborhood be notified. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. Mayor Oden called the meeting to order and the City Council recessed into Closed City Council Minutes April 20,2005 Page 2 Session to discuss matters on the posted Closed Session Agenda. The City Council received reports, and no reportable actions were taken. 1. PUBLIC HEARINGS: 1. A. TENTATIVE TRACT MAP 31095 — CASE NO. 5.0973 — PD 304 - THE BOULDERS — WESSMAN DEVELOPMENT - 751 WEST VIA ESCULEA APN's 504-150-002, 504-150-008, AND 504-150-009: Applicant requested the Item be withdrawn, and the Applicant will be preparing an Environmental Impact Report. No action taken. PUBLIC COMMENT: JEANNE BAER, Palm Springs, requested the City Council consider extending the parking to four hours. ROXANN PLOSS, Palm Springs, commended the Tribes for putting the Museum in Section 14, requested a vote of the people on the sale of the wastewater treatment plant. JIM STUART, Palm Springs, expressed congratulations to the Peppertree Book Store, and commented on the types of businesses in Downtown Palm Springs, complemented the Palm Springs Tourism Bureau. JOAN TAYLOR, Palm Springs, Chair, Save our Mountains Committee, stated the Committee is willing to work with the City on land use issues in the mountain areas, requested a public process with an independent facilitator. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., and 2.1-1. Motion Mayor Pro Tom McCulloch, seconded by Councilmember Foat 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 April 20, 2005 City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: Removed from the Consent Calendar for separate discussion. 2.C. 2004/2005 SB 821 SIDEWALK PROJECT (FARRELL DRIVE): ACTION: 1) Approve Minute Order No. 7654, Approving Agreement No. A5079 with D. C. Hubbs Construction, in the amount of $86,888.00 for the 2004/2005 SB821 Farrell Drive Sidewalk Project, City Project 04-09; and City Council Minutes April 20,2005 Page 3 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.D. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2005: ACTION: Receive and file Treasurer's Investment Report as of February 28, 2005. Approved as part of the Consent Calendar. 2.E. APPROVAL OF FINAL MAP 30058 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS LLC, LOCATED AT 3801 NORTH SUNRISE WAY: ACTION: 1) Adopt Resolution No. 21246 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 30058 FOR PROPERTY LOCATED AT 3801 NORTH SUNRISE WAY, SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC;" and 2) Authorize the City Manager to execute all necessary documents. A5080. Approved as part of the Consent Calendar. 2.F. PROPOSED RESOLUTION MODIFYING THE COMMENCEMENT OF CITY COUNCIL STUDY SESSIONS: ACTION: Adopt Resolution No. 21247, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING THE TIME AND MEETING DATES FOR STUDY SESSIONS AND SUPERSEDING RESOLUTION NOS. 18178 AND 20898." Approved as part of the Consent Calendar. 2.G. STAFF AUTHORIZED AGREEMENTS FOR MARCH 2O05: ACTION: Receive and file Staff Authorized Agreements covering the period March 1 through March 31, 2005. Approved as part of the Consent Calendar. 2.1-1. AMENDMENT NO. 2 TO AGREEMENT NO. A4326 WITH UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, REGARDING AIRPORT SURVEILLANCE RADAR (ASR-9) EXTENDING THE TERM THROUGH SEPTEMBER 20, 2020: ACTION: 1) Approve Minute Order No. 7655, Authorizing Amendment No. 2 of Lease Agreement No. 4326 with United States of America, Federal Aviation Administration Contract No. DTFA08-01-L-20901 regarding Airport Surveillance Radar (ASR-9) extending the term through September 30, 2020 subject to review by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.1. LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION FOR AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AND TERMINATING PRIOR City Council Minutes April 20,2005 Page 4 LEASE WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Removed from the Consent Calendar for separate discussion. 2.J. CONSTRUCTION CHANGE ORDER NO. 3 TO AGREEMENT NO. A4863 WITH CONTRERAS CONSTRUCTION INC., AMADO/ALVARADO PARKING LOT AND STREET IMPROVEMENTS, CP 02-27: Removed from the Consent Calendar for separate discussion. EXCLUDED CONSENT CALENDAR: 2.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: The City Council commented on fees for City Attorney services. ACTION: 1) Adopt Resolution No. 21244 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED MARCH 12, 2005;" and 2) Adopt Resolution No. 21245 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1003840 THROUGH 1004132." Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a Roll Call vote, noting the abstention of Mayor Pro Tern McCulloch on Warrant No. 1004560, Desert Fire Extinguisher as business related. 2.1. LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION FOR AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AND TERMINATING PRIOR LEASE WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: City Manager Ready provided background information as outlined in the staff report dated April 20, 2005. The City Council discussed the hearing and approval of the Item by the Airport Commission and review of the lease by the City Attorney. ACTION: 1) Approve Minute Order No. 7656, Approving Lease Agreement No. A5081 with the United States of America, Federal Aviation Administration Lease No. DTFA08-01-L-20887, a lease agreement between the City of Palm Springs and the United States of America for the operation of an Automated Surface Observing System (ASOS) at the Palm Springs International Airport and terminating Agreement No. 3104 with the National Oceanic Atmospheric Administration Property License No. 91-ABF-231 subject to review by the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A5081 and A3104. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. City Council Minutes April 20,2005 Page 5 2.1. CONSTRUCTION CHANGE ORDER NO, 3 TO AGREEMENT NO, A4863 WITH CONTRERAS CONSTRUCTION INC., AMADO/ALVARADO PARKING LOT AND STREET IMPROVEMENTS, CP 02-27: ACTION: 1) Approve Minute Order No. 7657, Authorizing Change Order No. 3 to Agreement No. A4863 in the amount of $20,292.79 for Amado/Alvarado parking lot and street improvements, with Contreras Construction Inc., total contract price $770,659.54; and 2) Authorize the City Manager to execute all necessary documents. CP 02-27. A4863. Motion Councilmember Mills, seconded by Mayor Pro Tern McCulloch and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. APPLICATION TO WAIVE FEES FOR THE PALM SPRINGS CHAMBER OF COMMERCE ANNUAL GOLF TOURNAMENT: City Manager Ready and Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated April 20, 2005. The City Council discussed a policy for waiving fees and the application process. ACTION: Deny the request to waive fees. Motion Councilmember Pougnet, seconded by Foat and carried on a roll call vote: AYES: Councilmember Foat, Councilmember Pougnet, and Mayor Pro Tern McCulloch. NOES: Councilmember Mills and Mayor Oden. 5.13. PROPOSED FEE WAIVER FOR FOUNDATION OF THE RETARDED: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated April 20, 2005. ACTION: Deny the request to waive fees. Motion Councilmember Pougnet, seconded by Foat and carried on a roll call vote: AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills and Mayor Pro Tern McCulloch. NOES: Mayor Oden. S.C. PROPOSED FEE WAIVER FOR EASTER BOWL TENNIS TOURNAMENT: Scott Mikesell, Director of Parks and Recreation, provided background information as outlined in the staff report dated April 20, 2005. City Council Minutes April 20,2005 Page 6 ACTION: Deny the request to waive fees. Motion Councilmember Foat, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 5.1). CONTRACT SERVICES AGREEMENT WITH ALESHIRE AND WYNDER, LLP FOR SPECIAL MEDIATION LEGAL SERVICES: City Manager Ready provided background information as outlined in the staff report dated April 20, 2005. The City Council discussed and or commented on the following issues: Outreach to the Community, confidentially of the meetings, public access to the Mediator, determination of the total amount of the contract, the lack of a recommendation by staff, no description of the services for the fees, use of public funds for a private group meeting, the lack of information on the members of the group, the qualifications of the proposed mediator, the results of the group becoming public upon completion, the goal of consensus building to bring a proposal that all parties can support MOTION: Authorize the City Attorney to prepare a contract services agreement with Aleshire and Wynder, LLP in an amount not-to-exceed $10,000 for special mediation legal services. Motion Mayor Pro Tern McCulloch, second by Mayor Oden and failed on the following vote: AYES: Mayor Pro Tern McCulloch. NOES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet and Mayor Oden. ACTION: 1) Approve Minute Order No. 7661 authorizing the City Attorney to prepare a contract services agreement with Aleshire and Wynder, LLP in an amount not-to-exceed $22,000 for special mediation legal services; 2) Adopt Resolution No. 21248, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE 2004-05 FISCAL YEAR;" 3) Authorize the City Manager to execute all necessary documents to effectuate the agreement; and 4) Direct the City Manager to monitor special mediation services. A5082. Motion Councilmember Mills, seconded by Councilmember Pougnet and carried on a roll call vote: AYES: Councilmember Pougnet, Councilmember Mills and Mayor Oden. NOES: Councilmember Foat and Mayor Pro Tern McCulloch. COUNCILMEMBER COMMENTS AND REPORTS: ' Mayor Pro Tem McCulloch commented on the Easter Bowl event in the City of Palm Springs stated he would like to see additional support from the various other tennis groups in the Valley. City Council Minutes April 20,2005 Page 7 Councilmember Foat requested a future study session or sub-committee be formed regarding downtown issues such as: merchant concerns, code enforcement and absentee landlords. Councilmember Pougnet suggested that the Chamber of Commerce, Main Street and the Economic Development Corporation meet in a symposium setting and discuss these concerns. Councilmember Mills stated Main Street is the key and the Block Captains are frustrated due to the lack of involvement of the business, stated his support of identifying issues. Mayor Oden outlined the activities and the events attended by the Mayor's Office. Mayor Oden thanked the City Council for stepping-in for appointments he was unable to attend due to family illness. Councilmember Mills requested staff review the pruning of shrubs and plants along with the Riverside Bike Path and direction provided for not sculpting the plants. Councilmember Mills requested the City Manger explore the possibility of creating an .account for the recovery of past abatements and charges paid to the City from the County of Riverside. ADJOURNMENT: The City Council adjourned at 8:04 P.M. to a City Council Study Session at 6:00 P.M., Wednesday, April 27, 2005, Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 11th DAY OF May, 2005. MAYOR` �ATTEST: Clerk