HomeMy WebLinkAbout2006-10-04 CC MINUTESPALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, OCTOBER 4, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 and Brownies Troop 056 led the
Pledge.
INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries, led the Invocation.
ROLL CALL:
PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Oden and the City Council announced the grand opening and road
improvements on Mesquite Avenue,
Mayor Oden and the City Council announced the unveiling of the Whirlwind Sculpture at
Ruth Hardy Park.
Mayor Oden and the City Council announced the pedestrian upgrades to signal lights
and crossings that assist the visually impaired.
Mayor Oden and the City Council announced the funding and the new Explosive
Detection Dog at the Palm Springs International Airport.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. the
meeting was called to order and the City Council recessed into Closed Session to
discuss matters on the posted Closed Session Agenda. No reportable actions were
taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Item 2.J. be removed from the Consent
Calendar for an update and separate discussion.
Councilmember Pougnet requested Items 2.E. and 2.K. be removed from the Consent
Calendar for separate discussion.
City Council Minutes
October 4, 2006
Page 2
Mayor Oden requested Item 2.K. be removed from the Consent Calendar for separate
discussion.
Councilmember McCulloch noted his business related abstention to Item No. 2.C.,
Warrant No. 1015908.
Councilmember Mills requested Items 21. and 2.G. be removed from the Consent
Calendar for separate discussion, and noted his business related abstention on Item
2.E.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tern Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. AMENDMENT TO THE COMPREHENSIVE FEE SCHEDULE
INCREASING THE TAXICAB STANDARD PICK-UP FEE AT THE PALM
SPRINGS INTERNATIONAL AIRPORT:
City Manager Ready provided background information as outlined in the
staff report dated October 4, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: Adopt Resolution No. 21720, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
INCREASING THE TAXICAB STANDARD PICK-UP FEE AND
AMENDING THE COMPREHENSIVE FEE SCHEDULE. ADOPTED BY
RESOLUTION NO. 21578." Motion Mayor Pro Tern Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
I.B. CASE HSPB-49 PROPOSED DESIGNATION OF 640 NORTH INDIAN
CANYON DRIVE (SPANISH INN) AS A CLASS 1 HISTORIC SITE
APPLICATION BY NEJAT KOHAN AND HORMOZ RAMY:
ACTION: 1) Continue the Public Hearing to Wednesday, October 18,
2006; 2) Direct the City Clerk to post a Notice of Continued Public
Hearing. Motion Councilmember Mills, seconded by Councilmember
Pougnet and unanimously carried on a roll call vote.
1.C. OMNIPOINT COMMUNICATIONS (T-MOBILE), CASE NO. 5.1121,
CONDITIONAL USE PERMIT TO INSTALL A SIXTY FOOT HIGH
COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A
MONOPALM AND FOUR EQUIPMENT CABINETS WITHIN A 540
City Council Minutes
October 4, 2006
Page 3
SQUARE FOOT LEASE AREA AT 3455 NORTH INDIAN CANYON
DRIVE, ZONE C-M / M-1:
David Newell, Assistant Planner, provided background information as
outlined in the staff report dated October 4, 2006.
Mayor Pro Tern Foat requested staff address the questions outlined by the
Planning Commission with respect to sharing of towers, and providing a
map of all existing cell -towers in the City.
Mayor Oden requested staff address the term of the lease, and expressed
concern with respect to the General Plan Designation for this area due to
the number of poles.
Mayor Oden opened the public hearing and the following speaker
addressed the City Council.
B.P. HANRATH, T-Mobile, addressed the issue of sharing cell towers,
commented on the term of the lease, and the view of the site from the
street, and requested the City Council support the installation of the cell
tower.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the project: use of monopalms, landscaping and use of palm
trees in conjunction with monopalms, access, view from the street, and
fencing surrounding the project.
ACTION: Adopt Resolution No. 21721, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.1121 CONDITIONAL USE PERMIT TO
INSTALL A SIXTY FOOT HIGH COMMERCIAL COMMUNICATION
ANTENNA AND FOUR EQUIPMENT CABINETS WITHIN A 540
SQUARE FOOT LEASE AREA AT 3455 NORTH INDIAN CANYON
DRIVE, C-M / M-1 ZONE, SECTION 34, T3S, R4E," amending the
Conditions of Approval to provide for a masonry wall from building to
building. Motion Councilmember Mills, seconded by Councilmember
Pougnet and carried 4-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tern Foat, and Mayor Oden.
NOES: Councilmember McCulloch.
Councilmember Pougnet noted a business related conflict of interest with respect
to Item 1.D_ and left Council Chamber.
City Council Minutes
October 4, 2006
Page 4
1.D. CASA VERONA CHANGE OF ZONE FROM 0-5 TO R-1-D AND '
TENTATIVE TRACT" MAP 33282 TO SUBDIVIDE AN APPROXIMATE
6.1 ACRE PARCEL INTO 25 SINGLE-FAMILY RESIDENTIAL LOTS,
LOCATED ALONG THE NORTH SIDE OF VERONA ROAD AND WEST
OF WHITEWATER RIVER:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated October 4, 2006.
Councilmember Mills requested staff address the required right -of -way -
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
MARK TEMPLE, Representing Applicant, requested the City Council
approve the project and commented on the cooperative agreement with
the adjacent property owner with respect to the right-of-way.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested the Applicant address the proposed HOA
and common areas.
Mayor Pro Tern Foat requested staff address the existing zoning '
designation and the reclassification with respect to the General Plan
designation.
Councilmember Mills requested staff address the installation of a planter
on the common area cul-de-sacs.
ACTION: 1) Adopt Resolution No. 21722 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 33282, FOR THE SUBDIVISION
OF AN APPROXIMATE 6.1 ACRE PARCEL INTO 25 SINGLE-FAMILY
RESIDENTIAL LOTS, LOCATED ON THE NORTH SIDE OF CASA
VERONA AND WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION
6;" amending Engineering Condition No. 6 to require an additional right-of-
way of 18 feet across the adjacent property, and requiring planters at the
two cul-de-sacs of which size, location, and plant materials to be
determined by the Engineering Department, Planning Department and the
Fire Department and requiring a maintenance agreement with the
Homeowners Association; and 2) Waive the reading of the Ordinance text
in its entirety and introduce by title only; and 3) Introduce on first reading
Ordinance No. 1702 "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY '
APPROVING CASE NO. 5.1035, CHANGE OF ZONE FROM 0-5 (OPEN
LAND ZONE) TO R-1-D (SINGLE FAMILY RESIDENTIAL) FOR THE
City Council Minutes
October 4, 2006
Page 5
1 PROPERTY LOCATED ALONG THE NORTH SIDE OF VERONA ROAD
AND WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION 6." Motion
Councilmember Mills, seconded by Mayor Oden, and carried 4-0 on a
roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, Mayor Pro
Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Pougnet.
Councilmember Pougnet returned to the dais.
1.E. APPLICATION BY MOUNTAIN TERRACE, 02, LLC, (MARSHALL
ININNS DESIGN GROUP) FOR A TENTATIVE TRACT MAP, (TTM
32736) A CONDOMINIUM MAP AND A MAJOR ARCHITECTURAL
APPLICATION (5.1112), FOR THE CONSTRUCTION OF A 41 UNIT
CONDOMINIUM COMPLEX, LOCATED ALONG THE NORTH SIDE OF
34TH AVENUE AT LAWRENCE STREET AND WEST OF THE DINAH
SHORE DRIVE BRIDGE:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated October 4, 2006.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
MARSHALL ININNS, Representing Applicant, stated this is a
redevelopment area, the developer agrees with the Conditions of
Approval, and requested the City Council approve the project.
No further speakers coming forward, the public hearing was closed_
Councilmember Mills requested staff address the relationship of the
project to the bridge in terms of height, and further explain top plate and
maximum building height; commented on Building D and the distance
between buildings, and that the two-story buildings are not in the middle of
the complex which would allow views.
Mayor Pro Tern Foat requested staff address continuing the home
improvement funds for the Crossley Tract.
Councilmember Mills requested staff address internal walls within the
complex and private backyard space for units.
City Engineer Barakian requested the City Council append Engineering
Condition No. 11 with the verbiage "or obtain said easement from the
Coachella Valley Water District."
City Council Minutes
October 4, 2006
Page 6
ACTION: Adopt Resolution No. 21723 "A RESOLUTION OF THE CITY '
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT
MAP 32736, ARCHITECTURAL APPROVAL NO. 5.1112-MAJ
APPROVING THE CONSTRUCTION OF 41 CONDOMINIUM UNITS ON
AN APPROXIMATE 7.6 ACRE PARCEL LOCATED ALONG THE NORTH
SIDE OF 34TH AVENUE AT LAWRENCE STREET AND WEST OF THE
DINAH SHORE DRIVE BRIDGE, ZONE R-G-A(6), SECTION 20"
appending Engineering Condition No. 11 with the verbiage "or obtain said
easement from the Coachella Valley Water District." Motion Mayor Pro
Tern Foat, seconded by Councilmember McCulloch and carried 4-1
on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor
Pro Tern Foat, and Mayor Oden.
NOES: Councilmember Mills.
1.F. PALM SPRINGS LLC (LAWRENCE RAEL) CASE NO. 5.1091
PLANNED DEVELOPMENT DISTRICT 324, AND CASE NO 3.2933,
VFSTING TENTATIVE TRACT MAP NO. 34190 FOR THE.
DEVELOPMENT OF 118 CONDOMINIUM UNITS AND 25,000 SQUARE
FEET OF COMMERCIAL SPACE ON 4.1 ACRES LOCATED AT THE
SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND
ALEJO ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated October 4, 2006.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
LAWRENCE RAEL, Applicant, provided background information on the
proposed project.
KEITH MCCORMICK, Palm Springs, spoke in support of the proposed
project, and requested the City Council approve the project.
VIC GAINER, Palm Springs, commented on the cooperation of the
developer, and requested the City Council approve the project.
ROB HERVEY, Mortgage Banker representing Applicant, commented on
the success of the developer, and requested the City Council approve the
project.
JOHN WILLIAMS, Palm Springs, stated his support of the project, and I
commented on the cooperation of the developer.
City Council Minutes
October 4, 2006
Page 7
SAM SPINELLO, Palm Springs, stated his support of the project, and
requested the City Council approve the project.
R. PLOSS, Palm Springs, spoke in support of the project, the cooperation
of the developer, and commented on the promenade and the solar
aspects of the project.
DR. BART APFELBAUM, Palm Springs, spoke in support of the design
and requested the City Council approve the project.
SHARON APFELBAUM, Palm Springs, stated her support for the project
and requested the City Council approve the project.
JONO HILDNER, Palm Springs, stated he has followed this project from
the beginning, stated his support, and requested the City Council approve
the project.
ED TORRES, PSEDC, read a statement from the PSEDC in support of
the proposed project.
JOY MEREDITH, Palm Springs, stated her support for the project.
WESLEY COLE, Palm Springs, stated his support for the proposed project
and commented on the solar energy component of the project.
BILL COCHRAN, Palm Springs, stated his support of the proposed project
and commented on the developer.
HADDON LIBBY, Palm Springs, stated his support of the proposed
project.
CLAIRE JORDAN GRANT, stated her support of the proposed project
SCOTT LYLE, Palm Springs, commented on the cooperative efforts of the
developer, and stated his support of the proposed project.
TAMARA STEVENS, Palm Springs, provided positive comments on the
developer, and stated her support of the project.
FRANK TYSEN, Palm Springs, commented on the cooperative nature of
the developer and stated his support of the project.
Councilmember Pougnet requested the developer address the
preferences with local merchants.
City Council Minutes
October 4, 2006
Page 8
Councilmember Mills commented on a materials board and requested the '
selection of final materials be returned to the City Council, commented on
the background information on the proposed project and the history, and
stated his support of the project.
Councilmember McCulloch commented on similar aspects of historic
properties being rendered in this project, and the quality of the project.
Mayor Pro Tern Foat stated this project is the perfect way to start the
revitalization of Palm Springs and the developer has set a new -standard.
Councilmember Pougnet requested the Applicant comment on the
anticipated date to start construction, and commented on the revitalization
of Downtown.
Councilmember McCulloch requested the City Attorney address if the City
Council could appoint a sub -committee to address proposed materials.
Mayor Oden commented on the visual impacts on Indian Canyon,
commented on the parking and housing components of the proposed
project, and the use of solar in the project.
ACTION: 1) Adopt Resolution No. 21724, "A RESOLUTION OF THE CITY
'
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 5.1091, PLANNED DEVELOPMENT
DISTRICT 324, CASE NUMBER 32933, VESTING TENTATIVE TRACT
MAP 34190, AND ARCHITECTURAL DESIGN FOR PALM SPRINGS LLC
(LAWRENCE RAEL), 118 CONDOMINIUM UNITS WITH 25,000
SQUARE FEET OF COMMERCIAL SPACE ON 4.1 ACRES LOCATED
AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE
AND ALEJO ROAD;" and 2) Adopt Resolution No. 21725, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FOR
PLANNED DEVELOPMENT DISTRICT 324 FOR THE 4.1 ACRE
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALEJO ROAD," subject to final City Council
approval of the materials and color palette. Motion Mayor Pro Tern Foat,
seconded by Councilmember Pougnet and unanimously carried on a
roll call vote.
The City Council recessed at 8:30 P.M.
The City Council reconvened at 8:48 P.M.
7
City Council Minutes
October 4, 2006
Page 9
IPUBLIC COMMENT:
ANDI BEARMAN, thanked the City Council for their support of the 2006 Pride Festival
and Parade and the support of the sponsorship agreement.
JOSEPH LAYNE, Palm Springs, announced the activities of the Palm Canyon Theatre
and stated his support for Item 5.C., amendment to the lease agreement for the
Theatre.
WESLEY COLE, Palm Springs, commented on green issues in the City of Palm
Springs.
BOB HELBLING, Palm Springs, commented on the proposed project by Lawrence Rael,
Item 1.F., and requested higher penalties for graffiti.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: City Manager Ready commented on Code Enforcement
activities in the City and the Airport Holdroom Construction project.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.H., 2-L, 21., 2.M., 2.N., and 2.0.
Motion Councilmember Mills, seconded by Councilmember McCulloch 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 October 4, 2006,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of September 13, 2006, and
September 20, 2006. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1. Adopt Resolution No. 21726, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 08-26-06 BY WARRANTS NUMBERED 410822
THROUGH 410892 TOTALING $84,275.04, LIABILITY CHECKS
NUMBERED 1015588 THROUGH 1015620 TOTALING
$135,925.46, THREE WIRE TRANSFERS FOR $53,931.40 AND
THREE ELECTRONIC ACH DEBITS OF $939,690.50 IN THE
AGGREGATE AMOUNT OF $1,213,822.40 DRAWN ON BANK OF
AMERICA."
City Council Minutes
October 4, 2006
Page 10
2. Adopt Resolution No. 21727, "A RESOLUTION OF THE CITY '
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 09-09-06 BY WARRANTS NUMBERED 410893
THROUGH 410953 TOTALING $74,693.17, LIABILITY CHECKS
NUMBERED 1015817 THROUGH 1015851 TOTALING
$135,977.60, THREE WIRE TRANSFERS FOR $52,956.40 AND
THREE ELECTRONIC ACH DEBITS OF $931,734.48 IN THE
AGGREGATE AMOUNT OF $1,195,361.65 DRAWN ON BANK OF
AMERICA."
3. Adopt Resolution No. 21728, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1015324 THROUGH 1015587 IN THE
AGGREGATE AMOUNT OF $3,057,793.49 DRAWN ON BANK OF
AMERICA."
4 Adopt Resolution No. 21729, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1016621 THROUGH 1015816 IN THE
AGGREGATE AMOUNT OF $2,102,503.57 DRAWN ON BANK OF
5. Adapt Resolution No. 21730, "A RESOLUTION OF THE CIiY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1015852 THROUGH 1016140 IN THE
AGGREGATE AMOUNT OF $2,486,286.50 DRAWN ON BANK OF
AMERICA."
6. Adopt Resolution No. 21731, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1016141 THROUGH 1016147 IN THE
AGGREGATE AMOUNT OF $802,676.91 DRAWN ON BANK OF
AMERICA."
7. Adopt Resolution No. 21732, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 9-23-06 BY WARRANTS NUMBERED 410954
THROUGH 411010 TOTALING $86,880.67, LIABILITY CHECKS
NUMBERED 1016148 THROUGH 1016153 TOTALING $3,460,92,
AND THREE ELECTRONIC ACH DEBITS OF $1,102,328.59 IN
THE AGGREGATE AMOUNT OF $1,192,670.18 DRAWN ON
BANK OF AMERICA." Approved as part of the Consent
Calendar. 1
City Council Minutes
October 4, 2006
Page 11
2.D. AMENDMENT NO. 1 TO AGREEMENT NO, A5058 WITH ASBURY
ENVIRONMENTAL SERVICES:
ACTION: 1) Adopt Minute Order No. 7920, Approving Amendment No. 1
to Agreement No. A5058 with Asbury Environmental Services,
incorporating the Airport Scope of Services, Schedule of Compensation,
Schedule of Performance, and increasing the total contract amount not -to -
exceed $50,000.; and 2) Authorize the City Manager to execute all
necessary documents. A5058. Approved as part of the Consent
Calendar.
2.H. AWARD CONTRACT FOR AVIATION CONSULTING SERVICES TO
JOHN F. BROWN COMPANY, INC.:
ACTION: 1) Adopt Minute Order No. 7924, Approving an agreement with
John F. Brown Company, Inc. to provide Aviation Financial Consulting
Services at the Airport for a five-year period, that includes consulting costs
for Fiscal Year 2006-07 financial consulting projects in the amount of
$47,210.; and 2) Authorize the City Manager to execute all necessary
documents. A5349. Approved as part of the Consent Calendar.
2.1. AWARD CONTRACT FOR AIR SERVICE DEVELOPMENT
CONSULTING SERVICES:
ACTION: 1) Adopt Minute Order No. 7925, Approving an agreement with
Simat, Helliesen and Eichner, Inc. (SH&E) to provide Air Service
Development Consulting Services at the Airport for a five-year period that
includes consultant costs for air service development projects in an
amount not -to -exceed $125,000. annually; and 2) Authorize the City
Manager to execute all necessary documents. A5350. Approved as part
of the Consent Calendar.
21. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(RCFC) RELATED TO CONSTRUCTION OF THE PALM CANYON
WASH FLOODWALLS, CITY PROJECT NO. 90-06, RCFC PROJECT
NO. 6-0-00040:
ACTION: Adopt Minute Order No. 7928, Approving a Cooperative
Agreement with the Riverside County Flood Control and Water
Conservation District, associated with the construction, operation, and
maintenance of flood control improvements identified as "Palm Canyon
Wash Floodwalls" Project No. 6-0-00040; and 2) Authorize the City
Manager to execute all necessary documents. A5351. Approved as part
of the Consent Calendar.
2.M. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE STP PAVEMENT
City Council Minutes
October 4, 2006
Page 12
REHABILITATION PROJECT, CITY PROJECT 05-13, FEDERAL AID '
PROJECT NO. STPL 5282 (024):
ACTION: Adopt Minute Order No. 7929, Approving the plans,
specifications, and working details for the STP Pavement Rehabilitation
Project, City Project 05-13, Federal Aid Project No. STPL 5282 (024), and
authorizing staff to advertise and solicit bids. Approved as part of the
Consent Calendar.
2.N. SPONSORSHIP AGREEMENT WITH GREATER PALM SPRINGS
PRIDE FOR THE 2006 PRIDE FESTIVAL AND PARADE:
ACTION: 1) Adopt Minute Order No. 7930, Approving an Event
Sponsorship Agreement with Greater Palm Springs Pride, Incorporated for
the 2006 Greater Palm Springs Pride Festival and Parade and authorizing
up to $10,000. of in -kind support in a form acceptable to the City Attorney;
and 2) Authorize the City Manager to execute all necessary documents.
A5352. Approved as part of the Consent Calendar,
2.0. AWARD CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION
FOR THE REHABILITATION OF TAXIWAYS "A," "B," AND "C,"" CITY
PROJECT NO. CP 2006-09 (AIP 3-06-0181-40):
ACTION: Adopt Minute Order No. 7931, Approving a construction contract
with Granite Construction in the amount of $6,295,550.00 for rehabilitation '
of taxiways "A," "B," and "C," City Project No. CP2006-09 (AIP 3-06-0181-
40), in a form acceptable to the City Attorney and subject to FAA approval.
A5353. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
Councilmember Mills noted a business related conflict of interest and left Council
Chamber.
2.E. CHANGE ORDER NO. 2 WITH DOUG WALL CONSTRUCTION, INC. FOR
THE CONVENTION CENTER PROJECT RESTROOM REMODEL:
Councilmember Pougnet requested staff address if the project was bid, and
commented on the overall cost of the project.
ACTION: Adopt Minute Order No, 7921, Approving Change Order No. 2 to
Agreement No. A5253 with Doug Wall Construction, Inc. for the remodel of the
two main restrooms at the Convention Center in the amount of $156,763.78.
A5253. Motion Councilmember McCulloch, seconded by Mayor Oden and
carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat, and Mayor
Oden. '
NOES: Councilmember Pougnet.
ABSENT: Councilmember Mills.
City Council Minutes
October 4, 2006
Page 13
1 Councilmember Mills returned to the dais.
2.F. APPROVE AMENDMENT NO. 9 TO AGREEMENT NO. A4487 WITH VSA
AIRPORTS, INC. FOR AIRPORT DESIGN AND ENGINEERING SERVICES:
Councilmember Mills requested staff address if the proposed system was
incorporated into the original design and the ramifications of the adding the new
system.
ACTION: Adopt Minute Order No. 7922, Approving Amendment No. 9 to
Agreement No. A4487 with VSA Airports, Inc. in the amount of $47,000, to
provide design and engineering services for security and public information
display enhancements for the new Regional Jet Terminal, FAA AIP Project No. 3-
06-0181-37. A4487. Motion Councilmember Mills, seconded by
Councilmember McCulloch and unanimously carried on a roll call vote.
2.G. AWARD CONTRACT FOR AVIATION CONSULTING SERVICES TO
REYNOLDS SMITH AND HILL:
Councilmember Mills requested staff clarify whether this contract was for
construction or just for engineering.
ACTION: 1) Adopt Minute Order No. 7923, Approving an agreement with
Reynolds Smith and Hill to provide Aviation Consulting Services at the Airport for
a five-year period, that includes initial design and engineering costs for Fiscal
Year 2007 airfield overlay and construction projects in the amount of $1,140,783,
subject to FAA approval; and 2) Authorize the City Manager to execute all
necessary documents. A5348. Motion Councilmember Mills, seconded by
Mayor Oden and unanimously carried on a roll call vote.
2.J. APPROVE PURCHASE OF FIVE (5) NEW FORD 500 SEDANS AND ONE (1)
NEW FORD E 250 CARGO VAN:
City Manager Ready provided background information as outlined in the staff
report and requested the City Council amend the purchase by eliminating the
purchase of the cargo van to enable staff to locate a CNG cargo van_
ACTION: Adopt Minute Order No. 7926, Approving the purchase of five (5) new
2007 Ford 500 Sedans in an amount not -to -exceed $105,000,00 from Fritts Ford
of Riverside, California. Motion Councilmember Mills, seconded by
Councilmember McCulloch and unanimously carried on a roll call vote.
2.K. AMENDMENT NO, 2 TO AGREEMENT WITH DOKKEN ENGINEERING FOR
THE INDIAN AVENUEIINTERSTATE 10 INTERCHANGE
(CP #00-14):
Councilmember Pougnet requested staff address the fiscal impact and the
offsetting budget adjustment.
City Council Minutes
October 4, 2006
Page 14
Mayor Oden commented on the approval by CVAG. ,
ACTION: 1) Adopt Minute Order No. 7927, Approving Amendment No. 2 to
Agreement No. A4318 with Dokken Engineering in the amount of $340,720. for a
revised contract amount of $1,334,562. for new engineering tasks and a
prolonged project schedule in the Project Approval (PA/ED) phase of the Indian
Avenue/Interstate 10 Interchange, City Project No. 00-14; and 2) Authorize the
City Manager to execute all necessary documents. A4318. Motion
Councilmember Pougnet, seconded by Councilmember McCulloch and
unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE AMENDING TITLE 12, CHAPTER 12.56 OF
THE PALM SPRINGS MUNICIPAL CODE REGARDING RESTRICTED
USE OF CERTAIN STREETS:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated October 4, 2006_
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.
1703, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.56.042 OF THE PALM
SPRINGS MUNICIPAL CODE ADDING LIVMOR AVENUE TO THE LIST
OF STREETS WHERE COMMERCIAL VEHICLES EXCEEDING
CERTAIN DESIGNATED WEIGHTS ARE PROHIBITED." Motion Mayor
Pro Tern Foat, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
Councilmember Mills noted a business related conflict of interest with respect to
Item 3.B. and left Council Chamber.
3.B. RESOLUTION OF INTENT TO ANNEX TERRITORY INTO COMMUNITY
FACILITIES DISTRICT FOR PUBLIC SAFETY SERVICES (CFD NO.
2005-1 PUBLIC SAFETY SERVICES ANNEXATION NO. 2):
Troy Butzlaff, Assistant City Manager -Administration, provided
background information as outlined in the staff report dated October 4,
2006.
Councilmember McCulloch noted his opposition to the Community
Facilities District, as the formation of the district is not within the spirit of
California Law_
ACTION: 1) Accept and File the Petition for Annexation and the Waiver of I
Certain Election Procedures; 2) Adopt Resolution No. 21733, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
City Council Minutes
October 4, 2006
Page 15
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE
THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);" 3) Adopt
Resolution No. 21734, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE
ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT
NO. 2005-01 (PUBLIC SAFETY SERVICES);" and 4) Order the public
hearing for 6:00 P.M. on November 15, 2006 to receive and consider
public testimony, for the filing of written protests by property owners
regarding the annexation of territory into Community Facilities District No.
2005-01, and the levy of a special tax; if no "majority protest," a special
landowner election will be called for immediately thereafter. Motion Mayor
Pro Tom Foat, seconded by Mayor Oden and carried 3-1 on a roll call
vote.
AYES: Councilmember Pougnet, Mayor Pro Tem Foat,
and Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
�t. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2006-07:
Troy Butzlaff, Assistant City Manager -Administration, provided
background information as outlined in the staff report dated October 4,
2006.
Councilmember Pougnet requested staff address whether an individual
has been identified for the TOT audit program.
ACTION: Adopt Resolution No. 21735, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 21612."
Motion Councilmember Pougnet, seconded by Councilmember Mills
and unanimously carried on a roll call vote.
City Council Minutes
October 4, 2006
Page 16
5.13. PROPOSED SCALPING ALTERNATIVES; TURF BUY-BACK ,
PROGRAM AND WATER SMART LANDSCAPING PROGRAM:
Troy Butzlaff, Assistant City Manager -Administration, provided
background information as outlined in the staff report dated October 4,
2006.
Councilmember Mills requested staff address the scope of the two -
programs as Single Family Residential only, long-term studies addressing
the effects of the simulated grass; and expressed concerns with the Turf
Buy -Back Program.
Mayor Oden commented on the proposed programs and suggested staff
perform additional research on the Turf Buy -Back Program.
Councilmember McCulloch requested the City Attorney address if the City
could require a "waiver of liability' as a requirement to participation in the
programs.
ACTION: Receive and file the two proposed scalping alternatives; and 2)
Direct staff to continue development of the Turf Buy -Back program and the
Water Smart Landscaping Program. By consensus of the City Council. '
The City Council convened at 9:17 P.M. as a Joint Meeting of the City Council
and the City of Palm Springs Community Redevelopment Agency.
5.C. APPROVAL OF AMENDMENT NO. 4 TO A LEASE AGREEMENT WITH
THE PALM CANYON THEATER FOR THE PURPOSE OF
INCORPORATING AND COORDINATING TENANT IMPROVEMENTS
WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL INTO
THE FACILITY, MAKING A $200,000. TENANT IMPROVEMENT
ALLOWANCE FOR THE CITY OWNED PROPERTY AT FRANCES
STEVENS PARK LOCATED AT 538 NORTH PALM CANYON DRIVE:
ACTION: CITY COUNCIL ACTION: 1) Adopt Resolution No. 21736, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO A LEASE
AGREEMENT WITH PALM CANYON THEATER FOR THE PURPOSE
OF INCORPORATING AND COORDINATING THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL INTO THE FACILITY, MAKING A
TENANT IMPROVEMENT CONTRIBUTION IN THE AMOUNT OF
$200,000. FOR A CITY OWNED PROPERTY LOCATED AT 538 NORTH
PALM CANYON DRIVE;" and 2) Adopt Resolution No. 21737, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR '
2006-07." A3785. Motion Mayor Pro Tern Foat, seconded by Mayor
Oden and unanimously carried on a roll call vote.
City Council Minutes
October 4, 2006
Page 17
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Pro Tem Foat commented on the police activity with respect to the Medical
Marijuana Dispensary on Palm Canyon in the North end of the City and requested
Police Chief Jeandron address the activity and records of patients.
Councilmember Pougnet asked staff for the report on code violations at the Fashion
Plaza, and requested staff follow-up with the developer of the Palm Hotel as to the
estimated construction start date.
Mayor Oden outlined the activities and events attended by the Mayor's office.
ADJOURNMENT: The City Council adjourned at 9:32 P.M. to a Joint Meeting of the
Palm Springs City Council and the Tribal Council of the Agua Caliente Band of Cahuilla
Indians, Wednesday, October 11, 2006, at 6:00 P.M. at the Palm Springs Convention
Center, Smoketree Room A-C, 277 North Avenida Caballeros, Palm Springs, preceded
by a City Council Closed Session at 5:00 P.M. at the Convention Center.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
25th DAY OF OCTOBER, 2006.
MAY k
ATTEST:
Clerk