HomeMy WebLinkAbout2006-12-06 CC MINUTES PALM SPRINGS CITY COUNCIL
' MINUTES
WEDNESDAY, DECEMBER 6, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the salute to the Flag.
i INVOCATION: Rev. Devon@ Cox, Retired Religious Science Ministries led the
' invocation.
ROLL CALL:
PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tem Foat, and Mayor Oden,
ABSENT: None.
ALSO David H. Ready, City Manager, Douglas Holland, City Attorney, and
PRESENT: Kathie Hart, Chief Deputy City Clerk.
PRESENTATIONS:
Mayor and City Council presented a Certificate of Recognition to Cadet Michael Webb
' for achieving the Billy Mitchell Award.
Mayor and City Council presented a Certificate of Appreciation to members of the Civil
Air Patrol, Squadron 11.
Drug Prevention Program Toy Run, Chris Copeland, and Fred Noble of Wintec.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 p.m. the
City Council called the meeting to order and recessed into Closed Session to discuss
matters on the posted Closed Session Agenda_ No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Attorney Holland requested the City Council consider adding Item No. 2.W.,
APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO
BUSNESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED
CONDOMINIUMS CORPORATION FORA 1.77 ACRE PARCEL AT THE
SOUTHWEST CORNER OF AMADO ROAD AND CALLE ALVARADO FOR THE
PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING
TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE
AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW, to the Consent Calendar,
stating the need to take action arose after the posting of the agenda. It was noted
' Councilmember Mills will not be participating to approve adding this item to the agenda
due to a business related conflict of interest.
City Council Minutes
December 6, 2006
Page 2
ACTION: Add an item to the Consent Calendar as Item 2.W_, APPROVAL OF TWO '
BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSINESS LEASE
PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS
CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF
AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF FUTURE
CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF
AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF
THE MOUNTAIN VIEW. Motion Councilmember Pougnet, seconded by Mayor
Pro Tern Foat, and carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tern Pougnet,
and Mayor Oden.
NOES: None,
ABSTAIN: Councilmember Mills.
Mayor Pro Tern Foat requested Items 2.1., 2.R., and 2.5. be removed from the Consent
Calendar for separate discussion.
Councilmember Pougnet requested Items 2.G., 2.H., and 2.Q. be removed from the
Consent Calendar for separate discussion.
Councilmember McCulloch requested Items 2.C. and 2.D_ be removed from the '
Consent Calendar for separate discussion.
Councilmember Mills stated he will be abstaining from Consent Calendar Items 2.B. due
to his absence from that meeting 2.E. Warrant No. 1017379, 2.G., and 2.W. due to
business related conflicts; and requested Items 2.K. and 21. be removed from the
Consent Calendar for separate discussion.
ACTION: The Agenda was approved with Items 2.C., 2.D., 2.G., 2.H., 2.1., 2.K., 21.,
2.Q., 2.R., and 2.S. removed from the Consent Calendar for separate discussion_
Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and
unanimously carried on a roll call vote.
SPECIAL CITY COUNCIL ITEM: APPOINTMENT OF MAYOR PRO TEMPORE:
ACTION: Appoint Steve Pougnet as Mayor Pro Tempore. Motion Mayor Pro Tern
Foat, seconded by Councilmember Mills, and unanimously carried on a roll call
vote.
1. PUBLIC HEARINGS:
1.A. CONSIDERATION OF AN AMENDMENT TO THE ENVIRONMENTALLY
SENSITIVE AREA-SPECIFIC PLAN (ESA-SP) ZONE (SECTION 92.21 '
ET SEQ): 1) USE Or COMPLETION BONDS FOR PROJECTS WITHIN
THE ESA-SP ZONE; 2) ENFORCEMENT ACTIONS AGAINST
City Council Minutes
December 6, 2006
Page 3
' UNAUTHORIZED WORK WITHIN THE ESA-SP ZONE; AND 3)
TRANSFER OF DENSITY OUTSIDE THE ESA-SP ZONE.
Craig Ewing, Director of Planning Services, presented the staff report
dated December 6, 2006.
Mayor Oden opened the Public Hearing.
FRANK GAYDOS, Palm Springs, spoke in support of the proposed
ordinance amendment.
GREG DAY, Palm Springs, spoke in opposition to the proposed ordinance
amendment_
No further speakers came forth; therefore, Mayor Oden closed the public
hearing.
Director Ewing noted the letter attached to the staff report from Best Best
& Krieger, legal counsel for Century Vintage Homes, is part of the public
i record and testimony; additionally, City Attorney Holland stated a letter
received after the posting of the agenda was received from the law firm
Jeffer, Mangels, Butler & Marmaro, representing Shadowrock Real Estate
Development, LLC, has been provided to the City Council and shall be
part of the public record.
Councilmember Mills requested clarification to the staff report, "_ although
we believe that the project-specific performance agreements would
provide a more tailored approach to addressing what happens should a
project be abandoned." Additionally, he made reference to the letter
received from Best Best and Krieger and asked for additional information
regarding grading completion bonds.
Councilmember Mills requested that the motion to include amending the
language in Section 1, Subsection J to read "... any property within the
ESA-SP zone without prior City approval..." and Section 2, Subsection C
to read "... and reducing the expenditures for public services to
the development planning area and to the impacts on the receiving site or
vicinity."
Councilmember McCulloch requested additional information regarding
grading completion bond s/renaturalization security, and the transfer of
density.
' Mayor Pro Tern Pougnet spoke regarding the density transfer.
Councilmember Mills commented on the transfer of density.
City Council Minutes
December 6, 2006
Page 4
Councilmember Foat spoke in support of the item. '
Mayor Oden thanked the community and staff for their diligent work on this
ordinance.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
introduce by title only, Ordinance No. 1707, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE,
RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE
DEVELOPMENT AREAS, INCLUDING THE CHINO CONE" amending
the language in Section 1, Subsection J to read "... any property within the
ESA-SP zone without prior City approval..." and Section 2, Subsection C
to read "... and reducing the expenditures for public services to
the planning area and to the impacts on the receiving site or vicinity."
Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet,
and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch. '
I.B. RESOLUTION INCREASING THE FRINGE-TOED LI7_ARD HABITAT
MITIGATION FEE:
Troy Butzlaff, Assistant City Manager - Administration, presented the staff
report dated December 6, 2006.
Councilmember Mills inquired as to the length of the agreement and
voiced concerns regarding a consumer price index as part of the
agreement. (timeframe)
Councilmember McCulloch inquired as to the amount of acreage/area.
Mayor Oden opened the Public Hearing,
Marvin Roos, a representative from MSA, provided background
information regarding the fees.
No further speakers came forth; therefore, Mayor Oden closed the public
hearing.
ACTION: 1) Open the public hearing and receive public testimony; 2) '
Adopt Resolution No. 21774, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCREASING THE
City Council Minutes
December 6, 2006
Page 5
' FRINGE-TOED LIZARD MITIGATION FEE FOR DEVELOPMENT
WITHIN HISTORICAL HABITAT AS IDENTIFIED IN THE COACHELLA
VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN;"
and 3) Authorize the City Manager to execute all documents necessary.
Motion Mayor Pro Tern Pougnet, seconded by Councilmember Foat
and unanimously carried on a roll call vote.
PUBLIC COMMENT:
WENDIE BUSIG-KOHN, Palm Springs, spoke regarding "Hate Free City".
RICK HUTCHESON, Palm Springs, spoke in support of the Cirque Dreams production.
PAULA AUBURN, Palm Springs, thanked the Mayor, Council and staff for their many
services.
ROBERT SNEE, stated he has been a pastor in Palm Springs for four years and stated
i his availability to the community for assistance.
COUNCILMEMBER COMMENTS AND REQUESTS:
' Mayor Oden reported on his trip to France.
CITY MANAGER'S REPORT:
City Manager Ready provided a visual presentation on the recent Code Enforcement
activities within the City.
The City Council recessed at 7:35 p.m. and convened as the Community
Redevelopment Agency. The Community Redevelopment Agency adjourned at 8:33
P.M. and reconvened as the City Council.
Mayor Oden exited the Council Chamber briefly and Mayor Pro Tern Pougnet chaired
the meeting during his absence, 8:33 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.E., 2.F., 2,J., 2.M., 2.N., 2.O., 2.P., 2.T., 2.T., 2.1_1.,
2.V., and 2.W. Motion Councilmember Mills, seconded by Councilmember
McCulloch and unanimously carried 4-0 on a roll call vote,
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, and
Mayor Pro Tom Pougnet.
NOES: None.
ABSENT: Mayor Oden.
City Council Minutes
December 6, 2006
Page 6
2.A. REPORT ON POSTING OF THE AGENDA: '
ACTION: Receive and file Report on the Posting of the December 6,
2006, City Council Agenda. Approved as part of the Consent Calendar.
2.6. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of November 15, 2006.
Approved as part of the Consent Calendar, noting the abstention of
Councilmember Mills due to his excused absence from that meeting.
2,E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21775, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-04-06 BY WARRANTS NUMBERED 411122 THROUGH
411175 TOTALING $81,813.50, LIABILITY CHECKS NUMBERED
1017068 THROUGH 1017100 TOTALING $136,031.28, AND THREE
WIRE TRANSFERS FOR $54,156.74 AND THREE ELECTRONIC ACH
DEBITS OF $1,125,096.03 IN THE AGGREGATE AMOUNT OF
$1,397,097.55 DRAWN ON BANK OF AMERICA;" and 2) Adopt
Resolution No. 21776, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1017101 '
THROUGH 1017406 IN THE AGGREGATE AMOUNT OF $2,883,065.07
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar, noting the abstention of Councilmember Mills on Warrant
No. 1017379 due to a business related conflict.
2.F. REQUEST BY DORE REYES FOR A RESOLUTION OF PUBLIC
CONVENIENCE (CASE: 5.1131 - PCN) IN ORDER TO SELL BEER AND
WINE (TYPE 20 ABC LIQUOR LICENSE) AT SANTA MARIA MEAT
MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE
C1, SECTION 10:
ACTION: Adopt Resolution No. 21777, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL
BEER AND WINE AT SANTA MARIA MEAT MARKET LOCATED AT
1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10."
Approved as part of the Consent Calendar,
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A4429 WITH THE STATE
OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION:
ACTION: 1) Adopt Minute Order No. 7967, Approving Amendment No. 1
to Agreement No. A4429 (District No. 8-1165) with the State of California,
Department of Transportation (CalTrans) a cooperative agreement for the
design of the Indian Avenue/Interstate 10 interchange; and 2) Authorize
City Council Minutes
December 6, 2006
Page 7
' the City Manager to execute all necessary documents. A4429. Approved
as part of the Consent Calendar.
2.M, ADOPTION OF A CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974:
ACTION: Adopt Resolution No. 21779, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A CONFLICT OF INTEREST CODE AND SUPERSEDING PREVIOUS
RESOLUTIONS AND MINUTE ORDERS WITH RESPECT TO THE
CONFLICT OF INTEREST CODE." Approved as part of the Consent
Calendar.
2.N. AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07 TO
FUND AGREEMENT WITH REYNOLDS SMITH & HILL, APPROVED BY
THE CITY COUNCIL ON OCTOBER 4, 2006, MINUTE ORDER NO.
7923, FOR AVIATION CONSULTING SERVICES FOR A FIVE YEAR
PERIOD IN THE AMOUNT OF $1,140,783:
ACTION. Adopt Resolution No. 21780, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006-07." Approved as part of the
Consent Calendar.
2.0. STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER 2006:
ACTION: Receive and file Staff Authorized Agreements covering the
period November 1 through November 30, 2006. Approved as part of
the Consent Calendar.
2.P. MODIFICATION NO. 7 TO LAW ENFORCEMENT REIMBURSABLE
AGREEMENT WITH TRANSPORTATION SECURITY
ADMINISTRATION - TSA:
ACTION: 1) Adopt Minute Order No. 7970, Authorizing Amendment No. 7
to the Reimbursable Agreement between the Transportation Security
Administration (TSA) and the City of Palm Springs for law enforcement
officer (LEO) services for the period of October 1, 2006, through
September 30, 2007; and 2) Authorize the City Manager to execute all
necessary documents. A5397. Approved as part of the Consent
Calendar.
23. PURCHASE OF FIVE (5) NEW FORD VEHICLES FOR THE
WASTEWATER TREATMENT PLANT PER AGREEMENT WITH
VEOLIA WATER NORTH AMERICA-WEST, LLC:
ACTION: 1) Adopt Minute Order No. 7973, Approving the purchase of five
(5) new Ford vehicles for the Wastewater Treatment Plant in the amount
of $94,706,44 from Burch Ford of La Habra, California; 2) Adopt
Resolution No. 21782, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
City Council Minutes
December 6, 2006
Page 8
BUDGET FOR FISCAL YEAR 2006-07;" and 3) Authorize the City '
Manager to execute all documents necessary to effectuate this action.
Approved as part of the Consent Calendar.
2.U. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT
FOR FISCAL YEAR 2005.06:
ACTION: Receive and file the Development Project Fee Report for Fiscal
Year 2005-06. Approved as part of the Consent Calendar.
2.V. AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PALM
SPRINGS AND THE PLANNING CENTER, ENCUMBRANCE
REALLOCATION RELATING TO THE COMPREHENSIVE GENERAL
PLAN UPDATE, AND AMENDING THE BUDGET FOR THE
COMMUNITY REDEVELOPMENT AGENCY!
ACTION: CITY COUNCIL: Adopt Minute Order No. 7974, Approving
Amendment No. 1 to Agreement No. A5023 with The Planning Center, in
the amount of $50,896, for additional services related to the
Comprehensive General Plan Update. A5023. Approved as part of the
Consent Calendar.
2.W. APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A
SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE '
RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION,
FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF
AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF
FUTURE CONVENTION CENTER EXPANSION, INCLUDING
TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND
SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN
VIEW:
ACTION: 1) Adopt Resolution No_ 21783, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006 07;" and 2) Adopt Resolution
No. 21784A, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
FISCAL YEAR 2006-07." Approved as part of the Consent Calendar,
noting the abstention of Councilmember Mills due to a business
related conflict
i
City Council Minutes
December 6, 2006
Page 9
EXCLUDED CONSENT CALENDAR:
2.C. SECOND RFADING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1705, ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2:
ACTION: Waive further reading and adopt Ordinance No. 1705,
"ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM
SPRINGS COMMUNITY FACILITIES DISTRICT NO, 2005-1 (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 2." Motion Councilmember
Foat, seconded by Councilmember McCulloch and carried 3-1 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro
Tem Pougnet.
NOES: Councilmember McCulloch.
ABSENT: Mayor Oden,
Mayor Oden returned to the Council Chamber, 8:36 p.m.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1706, ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2.16.010, 2.16.020, AND
2,16.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE MEMBERSHIP OF THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION
ACTION. Waive further reading and adopt Ordinance No. 1706,
"ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.16.010, 2.16.020, AND 2,16.030 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP
OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION."
Motion Councilmember Mills, seconded by Councilmember Foat and
carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
Mayor Oden called for a brief recess at 8:44 p.m., and reconvened at 8A7 p.m.
' At 8:47 p.m. Councilmember Mills left the Council Chamber due to a business related
conflict of interest.
City Council Minutes
December 6, 2006
Page 10
2.G. FINAL MAP 31848-1 AND A SUBDIVISION IMPROVEMENT i
AGREEMENT WITH SUNCAL PSV LLC, FOR 397 SINGLE FAMILY
HOME LOTS, 1 MULTI-FAMILY RESIDENTIAL LOT, AND 22 OPEN
SPACE LOTS, INCLUDING A GOLF COURSE, LOCATED EAST OF
INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN
SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST:
Mayor Pro Tern Pougnet stated the project was approved by the City
Council with a vote of 3-2, he and Councilmember Foat voted noe. Due to
the abstention of Mills, he stated the final map and subdivision agreement
may not be approved. He stated he does not know how Councilmember
Foat will vote, but will vote for it because he feels that is the Council's
intent.
ACTION: 1) Adopt Resolution No. 21778, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 31848-1 FOR PROPERTY LOCATED EAST
OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN
SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH
SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and '
2) Authorize the City Manager to execute all necessary documents.
A5393. Motion Mayor Pro Tern Pougnet, seconded by
Councilmember McCulloch, and carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Pougnet, and
Mayor Oden_
NOES: Councilmember Foat.
ABSENT: Councilmember Mills.
At 8: 48 p.m. Councilmember Mills returned to the Council Chamber.
2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A5252 WITH SPEER CIVIL
FOR PROFESSIONAL ENGINEERING SERVICES:
Mayor Pro Tern Pougnet requested detailed information regarding staff
time and savings.
ACTION: 1) Adopt Minute Order No. 7965, Approving Amendment No. 2
to Agreement No. A5252 with Speer Civil in the amount of $39,264 for a
total contract amount not to exceed $113,264 for professional engineering
staff services to assist the Department of Public Works & Engineering with
the development and capital project workloads through June 30, 2007; '
and 2) Authorize the City Manager to execute all necessary documents.
City Council Minutes
December 6, 2006
Page 11
' A5252. Motion Councilmember Foat, seconded by Councilmember
McCulloch, and unanimously carried on a roll call vote.
2.1. AWARD OF CONTRACT FOR THE STP PAVEMENT
REHABILITATION, CITY PROJECT 05-13, FEDERAL AID PROJECT
NO. STPL 5282 (024);
Councilmember Foat voiced concerns relating to the significant difference
between the engineer's estimate and the actual low bid received, and
requested additional information.
ACTION: Adopt Minute Order No. 7966, Approving an agreement with
Granite Construction Company, for Bid Schedules A and B, for the STP
Pavement Rehabilitation, City Project 05-13, Federal Aid Project No.
STPL 5282 (024) in the amount of $452,551.00; and 2) Authorize the City
Manager to execute all necessary documents. A5394. Motion
Councilmember McCulloch, seconded by Mayor Pro Tern Pougnet
and unanimously carried on a roll call vote.
2.K. CONTRACT SERVICES AGREEMENT WITH DAVID EVANS AND
ASSOCIATES, INC., FOR THE GENE AUTRY TRAIL GATEWAY
' LANDSCAPING IMPROVEMENT, CITY PROJECT 06-03:
Councilmember Mills requested clarification regarding the proposed
agreement, attached to the staff report.
ACTION: 1) Adopt Minute Order No. 7968, Approving an agreement with
David Evans and Associates, Inc. for the Gene Autry Trail Gateway
Landscaping Improvement in the amount of $231,745, City Project 06-03;
and 2) Authorize the City Manager to execute all necessary documents.
A5395. Motion Mayor Pro Tem Pougnet, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
21, AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHERN
CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES:
Councilmember Mills inquired why the Interstate 10 and Gateway corridor
was not included.
ACTION: 1) Adopt Minute Order No. 7969, Approving an agreement with
Goodwill Industries of Southern California for roadside maintenance
services in an estimated monthly amount of $6,50927, not to exceed
$78,111.20 per year for three years with two one-year extensions upon
' mutual consent of the Director of Public Works and Goodwill Industries; 2)
Authorize the City Manager to execute all necessary documents. A5396.
City Council Minutes
December 6, 2006
Page 12
Motion Councilmember McCulloch, seconded by Mayor Pro Tern '
Pougnet and unanimously carried on a roll call vote.
2.Q. PURCHASE OF NEW AIRPORT BAGGAGE CART SYSTEM AND
AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07:
Mayor Pro tern Pougnet requested clarification.
Councilmember Mills stated typically the information included in the staff
report are amounts of all bids received and staffs estimate, and requested
this information be provided in the future.
ACTION: 1) Adopt Resolution No. 21781, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006-07;" 2) Adopt Minute Order No.
7971, Approving the purchase of a new airport passenger baggage cart
system from Flight Services & Systems Inc., in the amount of $94,786.50;
and 3) Authorize the City Manager to execute all necessary documents.
Motion Councilmember McCulloch, seconded by Mayor Pro Tern
Pougnet and unanimously carried on a roll call vote.
2.R. ACCEPT WITH REGRET THE RESIGNATION OF GUDRUN '
FRUEHLING FROM THE PUBLIC ARTS COMMISSION:
Councilmember Foat provided background on her appointment and her
invaluable contributions to the Public Arts Commission, and inquired if she
may be an ex-officio member. She added that if she were an ex-officio
member she would be able to participate and provide her contributions to
the Public Arts Commission and would not be a voting member.
Councilmember McCulloch requested clarification, stating that as a
member of the public she would not be able to participate openly except
during the public comment period.
Councilmember Mills stated he would not support this type of
appointment, adding this would allow other Boards and Commissions to
have ex-officio members.
Councilmember McCulloch requested the City Attorney provide the
definition of residents with respect to qualifying to serve on a City Board or
Commission.
Councilmember Pougnet inquired about the Ms. Fruehling's voter
registration status. '
City Council Minutes
December 6, 2006
Page 13
' Mayor Oden stated she has been an asset as a Commissioner and
thanked her for her invaluable service to the City.
ACTION: 1) Accept with regret the resignation of Gudrun Fruehling from
the Public Arts Commission. Motion Councilmember McCulloch,
seconded by Mayor Pro Tern Pougnet, and unanimously carried on a
roll call vote.
2.S. AMENDING THE LEASE AGREEMENT WITH THE COUNTY OF
' RIVERSIDE, CALIFORNIA, FOR REAL PROPERTY LOCATED AT 3111
EAST TAHQUITZ CANYON WAY, EXTENDING THE TERM OF THE
LEASE TO DECEMBER 31, 2007:
Councilmember Foat requested an update on the City's future plans
relating to this property.
ACTION: 1) Adopt Minute Order No. 7972, Approving Amendment No. 1
to a lease agreement with the County of Riverside, for real property
located at 3111 East Tahquitz Canyon Way, occupied by Department of
Health, extending the term of the lease to December 31, 2007; and 2)
Authorize the City Manager to execute all necessary documents. A23$9.
' Motion Councilmember Foat, seconded by Councilmember
McCulloch, and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. AGREEMENT WITH FLUID IMAGES, INC. FOR VIDEO ADVERTISING
IN THE AIRPORT PASSENGER TERMINAL:
Richard Walsh, Director of Aviation, presented the staff report dated
December 6, 2006, and a visual presentation.
Mayor Pro Tern Pougnet requested additional information.
Councilmember Mills requested clarification on the proposed agreement
attached to the staff report; and inquired about the screen sizes, screen
locations, additional screens, questioned the message being relayed to
the travelers/visitors, and would like to ensure this will be intergrated
' effectively.
City Council Minutes
December 6, 2006
Page 14
Mayor Oden suggested that prior to the placement of the screens, that it '
be presented to Council for input and review.
Councilmember Foat stated the City has a competent staff and
suggested authorizing an agreement with Fluid Images, Inc.
City Manager Ready stated the Council's concerns will be addressed prior
to the execution of the agreement; 1) Include in the agreement the
percentage the City will receive in advertising, 2) Address the sensitivity of
the placement of the screens; 3) Address the structural concerns; and 4)
Will provide a report to Council.
Councilmember McCulloch stated if for any reason the Council is not
satisfied with the agreement it may be cancelled with a 30-day notice.
ACTION: 1) Adopt Minute Order No. 7975, Authorizing an agreement with
Fluid Images, Inc. to provide specialized video advertising services in the
Airport Terminal term ending December 31, 2009; and 2) Authorize the
City Manager to execute all necessary documents. A5398. Motion
Councilmember McCulloch, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
The meeting was continued after 10:00 p.m. by a unanimous vote of the '
City Council.
5.13. AIRPORT COURTYARD LANDSCAPING - HARBOR CONSTRUCTION
CHANGE ORDER NO. 2 TO AGREEMENT NO. A5257:
AI Smoot, Aviation Consultant, presented the staff report dated December
6, 2006.
ACTION: 1) Adopt Resolution No. 21784-B, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY CONSTRUCTION PROJECT
ADMINISTRATOR TO FINALIZE NEGOTIATIONS WITH HARBOR
CONSTRUCTION AND APPROVE CHANGE ORDER NO. 2 TO
AGREEMENT NO. A5257 FOR DEMOLITION/SECURITY
WALL/GRADING IMPROVEMENTS AT THE AIRPORT NEW
HOLDROOM COURTYARD AND CONNECTOR WALKWAY IN AN
AMOUNT NOT TO EXCEED $750,000, AND TO REPORT BACK TO THE
CITY COUNCIL AT A REGULAR MEETING;" and 2) Authorize the City
Manager and City Construction Project Administrator to execute all
necessary documents. A5257. Motion Councilmember Mills,
seconded by Councilmember McCulloch, and unanimously carried '
on a roll call vote.
City Council Minutes
December 6, 2006
Page 15
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Pro Tern Pougnet inquired about the status of the letter to the Registrar of
Voters.
Councilmember Foat requested that the TREND Neighborhood Association be afforded
time for a presentation at the December 13th City Council Meeting.
Mayor Oden provided an overview of the recent activities of the Mayor's Office-
ADJOURNMENT: At 10:13 p.m. the City Council adjourned to a Joint Meeting with the
Human Rights Commission, a Study Session, and an Adjourned Regular Meeting,
Wednesday, December 13, 2006, at 6:00 p.m. in the Council Chamber, City Hall,
preceded by a Closed Session at 5:00 p.m., in the Small Conference Room, at City Hall,
3200 East Tahquitz Canyon Way, Palm Springs.
i
J�
A OR
ATTEST:
y Clerk