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HomeMy WebLinkAbout2005-09-21 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 21, 2005 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern McCulloch called the meeting to order at 6:04 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Mayor Pro Tern McCulloch requested a moment of silence reflection. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch. ABSENT: Mayor Oden. ALSO PRESENT: City Manager Ready, Assistant City Manager Butzlaff, Assistant City Manager Wilson, City Attorney Holland, City Clerk Thompson, City Treasurer Graves. PRESENTATIONS: Police Chief Jeandron swore-in new Police Officers: Officer Barredo, Officer Ramos, and Officer Jimenez, ACCEPTANCE OF THE AGENDA: Mayor Pro Tem McCulloch noted his abstention on Warrant No. 1007824 as business related. Councilmember Mills noted his abstention on Items 2.1., 3.A., and 4.A. as business related. Councilmember Foat requested Items 2.F. and 2.G. be removed from the Consent Calendar for separate discussion. Councilmember Pougnet requested Items 2.F., 2.G., and 2.1., be removed from the Consent Calendar for separate discussion. Councilmember Mills requested Item 2.K. be removed from the Consent Calendar for separate discussion. 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 Pro Tern McCulloch called the meeting to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. The City Council gave direction to Legal Counsel with respect to Item I.C. on the Closed Session Agenda and received reports, no reportable actions were taken. City Council Minutes September 21,2005 Page 2 1. PUBLIC HEARINGS: None. ' PUBLIC COMMENT: IRENE WATSON, Palm Springs, commented on recent activities in the Downtown area and the Hurricane Katrina relief efforts. BOB ELSNER, Palm Springs, Palm Springs Rotary Club, spoke in support of Item 2.F. regarding Visitor's Center Landscaping and stated the Rotary Club will replace the flags at the Visitor's Center for the next year. JIM DOWLER, Palm Springs, Palm Springs Rotary Club, spoke in support of Item 2.F. regarding Visitor's Center Landscaping and seating area amphitheatre. WESLEY COLE, Palm Springs, read a letter from Dennis Mason regarding the Wellness Park. JOY MEREDITH, Palm Springs, spoke in support of Item 2.K. regarding the suspension of certain parking restrictions through December 31, 2005. EDWIN ELLIS, Palm Springs, Palm Springs Rotary Club, spoke in support of Item 25. regarding Visitor's Center Landscaping and seating area amphitheatre. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready requested City Engineer David Barakian update the City Council with respect to a $2.8 million grant received for the Palm Canyon Bridge. The City Council recessed at 6:27 P.M. and convened as the City of Palm Springs Community Redevelopment Agency. The City Council reconvened at 6:33 P.M. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.H., 2.J., and 21. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote noting the absence of Mayor Oden. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the September 21, 2005, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ' ACTION: Approve the City Council Minutes of September 14, 2005. Approved as part of the Consent Calendar. City Council Minutes September 21,2005 Page 3 2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2005: ACTION: Receive and file Staff Authorized Agreements covering the period August 1 through August 31, 2005. Approved as part of the Consent Calendar. 2.1). APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21410, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007728 THROUGH 1007743 IN THE AGGREGATE AMOUNT OF $46,538.90 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21411, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1007775 THROUGH 1007984 IN THE AGGREGATE AMOUNT OF $1,969,565.48 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21412, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 08-27-05 BY WARRANTS NUMBERED 409148 THROUGH 409231 TOTALING $85,600.82, LIABILITY CHECKS NUMBERED 1007744 THROUGH 1007774 TOTALING $132,468.96, TWO WIRE TRANSFERS FOR $55,821.00 AND THREE ELECTRONIC ACH DEBITS OF $821,779.48 IN THE AGGREGATE AMOUNT OF $1,095,670.26 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tem McCulloch on Warrant No. 1007824 as business related. 2.E. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2005: ACTION: Receive and File Treasurer's Investment Report as of July 31, 2005. Approved as part of the Consent Calendar. 2.F. VISITOR'S CENTER LANDSCAPING AND SEATING AREA: Removed from the Consent Calendar for separate discussion. 2.G. APPROVE PURCHASE OF 18 POLICE VEHICLES AND 5 HONDA MOTORCYCLES FOR USE BY THE POLICE DEPARTMENT AND 3 HYBRID GAS/ELECTRIC VEHICLES FOR USE BY THE BUILDING DEPARTMENT: Removed from the Consent Calendar for separate discussion. 2.1-1. ACKNOWLEDGING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) 40 YEARS OF SERVICE: ACTION: Adopt Resolution No. 21413, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) 40 YEARS OF SERVICE TO THE city council Minutes September 21,2005 Page 4 SOUTHERN CALIFORNIA REGION." Approved as part of the Consent ' Calendar. 2.1. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR A FULL TIME POLICE OFFICER AT THE HIGH SCHOOL CAMPUS: Removed from the Consent Calendar for separate discussion. 2.J. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT: ACTION: 1) Adopt Minute Order No. 7745, Approving the expenditure plan for the Supplemental Law Enforcement Services Fund (SLESF) Grant from the State of California; and 2) Authorize the City Manager to execute all necessary documents. A5166. Approved as part of the Consent Calendar. 2.K. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD OCTOBER 1, 2005, THROUGH DECEMBER 31, 2005, FOR DOWNTOWN CITY OWNED PARKING LOTS AND PARKING GARAGE: Removed from the Consent Calendar for separate discussion. 2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5101 PLACEMENT AND ' REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC: ACTION: 1) Adopt Minute Order No. 7746, Approving Amendment No. 1 to Agreement No. A5101, placement and reimbursement of public art with Palm Springs Classic, LLC changing the fine arts insurance deductible amount to $10,000 and deleting the reference to "Three-Dimensional" reproductions on the copyright agreement; and 2) Authorize the City Manager to execute all necessary documents. A5101. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.F. VISITOR'S CENTER LANDSCAPING AND SEATING AREA: The City Council discussed and/or commented on the funding and the total cost of the project. ACTION: 1) Adopt Minute Order No. 7740, Approving the plans and specifications for the Visitor's Center landscaping, City Project No. 05-05; 2) Adopt Minute Order No. 7741, Approving an agreement, with America West Landscaping, Incorporated for the Visitor's Center landscaping, in the amount of ' $124,858.05, City Project No. 05-05; and 3) Authorize the City Manager to execute all necessary documents. A5164. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote noting the absence of Mayor Oden. City Council Minutes September 21,2005 Page 5 2.G. APPROVE PURCHASE OF 18 POLICE VEHICLES AND 5 HONDA MOTORCYCLES FOR USE BY THE POLICE DEPARTMENT AND 3 HYBRID GAS/ELECTRIC VEHICLES FOR USE BY THE BUILDING DEPARTMENT: The City Council discussed and/or commented on the following issues: trade-in value of the current vehicles, two new vehicles for use by the Police Department's Detective Bureau; thanked the Fleet Review Committee for consideration of alternative fuel vehicles. ACTION: 1) Adopt Minute Order No. 7742, Approving the purchase of 16 Crown Victoria Police Vehicles, 2 Ford Taurus for use by the Police Department, and 3 Ford Escape Hybrids gas/electric vehicles for use by the Building Department from Fritts Ford in the amount of $462,596.45; 2) Adopt Minute Order No. 7743, Approving the purchase of 5 Honda Police Motorcycles from Huntington Beach Honda in the amount of$93,460.07; and 3) Authorize the City Manager to sign all documents necessary to effectuate the purchase. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote, noting the absence of Mayor Oden. Councilmember Mills stated he has business related conflict of interest on Item 2.1., would not participate in the discussion or the vote and left Council Chamber at 6:41 P.M. 2.1. AGREEMENT WITH THE PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR A FULL TIME POLICE OFFICER AT THE HIGH SCHOOL CAMPUS: The City Council discussed and/or commented on the following issues: funding for 9 months by the District and 3 months by the City, paragraph 5 and 6 regarding indemnification, and received a report with regard to current state of security at the School. ACTION: 1) Adopt Minute Order No. 7744, Approving an agreement with the Palm Springs Unified School District to provide a full time police officer at the high school campus including the Ramon Academy, for three years expiring at the end of school year 2008; and 2) Authorize the City Manager to execute all necessary documents. A5165. Motion Councilmember Pougnet, seconded by Councilmember Foat and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None. ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Oden. Councilmember Mills returned to Council Chamber at 6:45 P.M. City Council Minutes September 21,2005 Page 6 2.K. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD ' OCTOBER 1, 2005, THROUGH DECEMBER 31, 2005, FOR DOWNTOWN CITY OWNED PARKING LOTS AND PARKING GARAGE: The City Council discussed and/or commented on the current state of suspension of parking restrictions: Mainstreet currently monitoring the program and will provide a report to the City Council with respect to the success of the temporary restrictions which will lead to a permanent disposition. ACTION: Adopt Resolution No. 21414, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING TIME LIMITS ON PARKING OF MOTOR VEHICLES ON CITY OWNED PARKING LOTS IN THE CITY BETWEEN OCTOBER 1, 2005, AND DECEMBER 31, 2005." Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried noting the absence of Mayor Oden. Councilmember Mills stated he has business related conflict of interest on Items 3.A. and 4.A., would not participate in the discussion or the vote and left Council Chamber at 6:46 P.M. 3. LEGISLATIVE: ' 3.A. MUNICIPAL CODE AMENDMENT TO TITLE 12, CHAPTER 12.56 RESTRICTED USE OF CERTAIN STREETS: David Barakian, City Engineer, provided background information as outlined in the staff report dated September 21, 2005. The City Council discussed and/or commented on providing notification to the neighborhood. ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; and 2) Introduce on first reading Ordinance No. 1671, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 12.56.042 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) ADDING TEN STREETS TO THE LIST OF STREETS WHERE COMMERCIAL VEHICLES EXCEEDING CERTAIN DESIGNATED WEIGHTS ARE PROHIBITED." Motion Councilmember Pougnet, seconded by Councilmember Foat and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None. ' ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Oden. City Council Minutes September 21,2005 Page 7 4. UNFINISHED BUSINESS: 4.A. CONVENTION CENTER PROJECT — CITY COUNCIL DIRECTION ON EXPENDITURE OF REMAINING CONTINGENCY FUNDS: Allen Smoot, Project Administrator, and City Manager Ready provided background information as outlined in the staff report dated September 21, 2005. The City Council discussed and/or commented on the prioritization of items identified by staff. ACTION: Adopt Minute Order No. 7747, Approving a prioritization of Convention Center capital improvements for which the remaining contingency funds are to be spent by authorizing O & M Projects 1 (Amado/Caballeros Improvements), 2 (Replace Chiller), 3 (re-roof Exhibit Hall), and Expansion Enhancement Projects 1 (SE Lawn ABC Enclosure) and 2 (Triangle Landscaping). Motion Councilmember Foat, seconded by Councilmember Pougnet and carried on a roll call vote. AYES: Councilmember Foat, Councilmember Pougnet and Mayor Pro Tern McCulloch. NOES: None. ABSTAIN: None. ABSENT: Councilmember Mills and Mayor Oden. Councilmember Mills returned to Council Chamber at 7:05 P.M. 5. NEW BUSINESS: 5.A. AMENDMENT NO. 3 TO AGREEMENT NO. A4922 WITH SIMAT, HELLIESEN & EICHNER, INC. (SH&E) TO PROVIDE FOR THE CREATION OF AN AIRPORT CONCESSIONS DEVELOPMENT PROGRAM: Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated September 21, 2005. The City Council discussed and/or commented on the following issues regarding the Agreement: relationship between SH&E and CAM, system to evaluate concession vendors, proposal is not inclusive of rental car concessions, type of lease, monitoring or auditing concession vendors, competitive bidding for the agreement. 1 ACTION: 1) Approve Minute Order No. 7748, Authorizing the City Attorney to prepare Amendment No. 3 to Contract Services Agreement No. 4922 with Simat, Helliesen & Eichner, Inc. to provide for the creation of an Airport Concessions Development Program at a cost not-to exceed $165,000; and 2) Authorize the City Manager to execute all necessary City Council Minutes September 21,2005 Page 8 documents. A4922. Motion Councilmember Foat, seconded by ' Councilmember Mills and unanimously carried on a roll call vote noting the absence of Mayor Oden. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat commented on the recent change of ownership for the property on Alejo (between Indian and Palm Canyon) and requested the City Manager develop a retention plan for the businesses located at that location. Councilmember Foat announced that the City Council will be discussing Disaster Emergency Preparedness on September 28, 2005, City Council Study Session. Councilmember Pougnet thanked the employees of the City of Palm Springs who donated to the Hurricane Relief efforts and Veolia Water North America West, LLC who matched the donations. Councilmember Mills commented on the recent change of ownership for the property on the North end of Downtown, the proposed development, and the status of businesses. Councilmember Mills commented on Transient Occupancy Tax (TOT) collection as it relates to Condo and short term rentals and requested staff provide some research and , investigation on compliance with TOT requirements. ADJOURNMENT: The City Council adjourned at 7:32 P.M. to a City Council Study Session at 6:00 P.M., Wednesday, September 28, 2005, Council Chamber, City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5TH DAY OF OCTOBER, 2005. MAYOR ATTEST: �y Clerk GG