HomeMy WebLinkAbout2010-10-06 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, OCTOBER 6, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:13 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Kevin A. Johnson, Bloom in the Desert, UCC, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed October 16, 2010, as Electric Vehicle
Awareness Day in the City of Palm Springs.
City Manager Ready announced the California Downtown Associations Crystal Eagle
Award presented to the City for the programs in place in the Downtown and Uptown
areas of the City.
Mayor Pougnet announced the recent grand opening of Torme's in Palm Springs.
Mayor Pro Tern Hutcheson provided an update on the recent Johnny Costa's ribbon
cutting and opening.
Councilmember Weigel provided an update on the Carol Channing star installation on
Palm Canyon Drive, and provided an update on the City's new Dog Park.
Mayor Pougnet announced the upcoming Palm Springs Parades and the Sustainability
Summit.
Fire Chief Goetz provided an update on Fire Safety and Prevention Week and the Fire
Safety Trailer visit to St. Theresa School.
Mary Jo Ginther announced the upcoming fall tourism campaign by the Palm Springs
Bureau of Tourism.
City Council Minutes
October 6, 2010
Page 2
REPORT OF CLOSED SESSION:
The meeting was called to order at 4.00 p.m. and City Attorney Holland requested the
City Council consider adding an Item to the Closed Session Agenda pursuant to Cal.
Gov. Code Section 54856.9(a) Conference with Legal Counsel for Existing Litigation
concerning the matter of City of Palm Springs v. Parsons Construction, Case No. INC
072105, Riverside Superior Court, Indio Division.
ACTION: 1) Find that the Item came to the attention of the City after the posting of the
Agenda and there is an immediate need to hear and/or take action on the Item; and 2)
Add to the Closed Session Agenda one Item of Existing Litigation, G.C. Section
54856.9(a) City of Palm Springs v. Parsons Construction, Case No. INC 072105,
Riverside Superior Court, Indio Division. Motion Mayor Pro Tom Hutcheson,
seconded by Councilmember Weigel and unanimously carried 4-0, noting the
absence of Councilmember Mills.
City Attorney Holland stated that the City Council recessed into Closed Session to
discuss Items on the Closed Session Agenda, and reported the City Council provided
settlement authority for the City of Palm Springs v. Parsons Construction case.
ACCEPTANCE OF THE AGENDA:
Councilmember Mills noted his business related abstention on Consent Calendar Item
2.1.
Councilmember Foat requested Items 2.J. and 2.K. be removed from the Consent
Calendar for separation.
Councilmember Foat requested the City Council add an Item to the Agenda as Item
5.D. titled "PROPOSED LAND EXCHANGE BETWEEN THE BUREAU OF LAND
MANAGEMENT AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS," and
stated there is an immediate need to hear and/or take action on the Item as the public
comment period ends prior to the next meeting.
ACTION: 1) Find the Item came to the attention of the City after the posting of the
Agenda, and there is an immediate need to hear and/or take action added item; and 2)
Add the Agenda as Item 5.D., "PROPOSED LAND EXCHANGE BETWEEN THE
BUREAU OF LAND MANAGEMENT AND THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS." Motion Councilmember Foat, seconded by Mayor Pougnet
and unanimous carried.
Councilmember Weigel requested Item 2.K. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tom Hutcheson,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
City Council Minutes
October 6, 2010
Page 3
1. PUBLIC HEARINGS: None.
PUBLIC COMMENT:
DEAN LOCKWOOD, Mizel Senior Center, provided an update on the project funded by
the City CDBG program, and thanked the City Council for the grant opportunity.
PETE WASCHER, Palm Springs, commented on the BLM land exchange with the Agua
Caliente Band of Cahuilla Indians.
CHARLES SACHS, Palm Springs, commented on the upcoming November 2, 2010,
election and recent events in the City of Bell.
PAUL ABSHIRE, commented on public safety activities, and the proposed reduction in
public safety salaries.
J.T. HAYES, commented on the service provided by the Palm Springs Police
Department.
BARRON LANE, commented on public safety cuts in the City of Palm Springs.
CHRIS WITHAM, commented on the proposed land exchange between the Bureau of
Land Management and the Agua Caliente Band of Cahuilla Indians, code enforcement
activities in the Racquet Club area, and issues with Police Dispatch.
MITCH SPIKE, commented on police personnel, and a letter sent by the PSPOA to
local businesses.
THOMAS COVEY, commented on Item 2.J., and requested the City Council award the
contract.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the State of California "take" of cities funds, and
recommended a "yes" vote on Proposition 22.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., and 2.1.
Motion Councilmember Foat, seconded by Mayor Pro Tern Hutcheson 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 6, 2010,
City Council Agenda. Approved as part of the Consent Calendar.
City Council Minutes
October 6, 2010
Page ,4
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council and Community Redevelopment
Agency Minutes of September 8, 2010, and September 22, 2010.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22813, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIM AND DEMAND BY WARRANT
NUMBERED 1044250 IN THE AGGREGATE AMOUNT OF $57,580.22,
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22814, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1044251 THROUGH 1044412
IN THE AGGREGATE AMOUNT OF $1,486,577.33, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 22815, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 9-18-10 BY WARRANTS NUMBERED 416101 THROUGH
416131 TOTALING $44,987.09, LIABILITY CHECKS NUMBERED
1044413 THROUGH 1044433 TOTALING $125,523.02, FIVE WIRE
TRANSFERS FOR $53,975.70, AND THREE ELECTRONIC ACH
DEBITS OF $987,288.91, IN THE AGGREGATE AMOUNT OF
$1,211,774.72, DRAWN ON BANK OF AMERICA;" and 4) Adopt
Resolution No. 22816, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1044434
THROUGH 1044545 IN THE AGGREGATE AMOUNT OF $487,917.88,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE (MERR) AND THE MANAGEMENT
ASSOCIATION OF PALM SPRINGS (MAPS):
ACTION: 1) Approve a Side Letter of Agreement to the July 1, 2007, to
June 30, 2011, Memorandum of Understanding with the Management
Association of Palm Springs; and 2) Authorize the City Manager to
execute the Side Letter Agreement. A5573. Approved as part of the
Consent Calendar.
2.E. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2010:
ACTION: Receive and File the Treasurer's Investment Report as of
August 31, 2010. Approved as part of the Consent Calendar.
City Council Minutes
October 6, 2010
Page 5
2.F. APPROVE AN ADMINISTRATIVE SERVICES AGREEMENT WITH
RIVERSIDE COUNTY FOR COUNTY SERVICE AREA 152 NATIONAL
POLLUTANT DISCHARGE ELIMINATION PROGRAM:
ACTION: 1) Terminate Agreement No. A3349 with Riverside County; 2)
Approve an Agreement with Riverside County for Administrative Services
for CSA 152 NPDES Program; and 3) Authorize the City Manager to
execute all necessary documents. A3349. A6027. Approved as part of
the Consent Calendar.
2.G. AIR SERVICE INCENTIVE PROGRAM AGREEMENT AND FUNDING IN
THE AMOUNT OF $100,000 TO WESTJET AIRLINES FOR NEW
TORONTO SERVICE:
ACTION: 1) Approve Air Service Incentive Agreement with WestJet
Airlines in an amount not to exceed $100,000 effective February 2, 2011,
through April 30, 2011; 2) Adopt Resolution No. 22817, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11;
and 3) Authorize the City Manager to execute all necessary documents.
A6028. Approved as part of the Consent Calendar.
2.1-1. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
NO. A5720 WITH HNTB CORPORATION FOR ENVIRONMENTAL
STUDY PHASE OF AIRPORT MASTER PLAN IN THE AMOUNT OF
$666,820:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5720 with
HNTB Corporation for the Environmental Phase of the Airport Master Plan
in the amount of $666,820 effective November 1, 2010, with the
agreement term extended to September 21, 2012; and 2) Authorize the
City Manager to execute all necessary documents. A5720. Approved as
part of the Consent Calendar.
2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A4772 WITH THE DESERT
HEALTHCARE DISTRICT WITH RESPECT TO THE WELLNESS PARK:
ACTION: 1) Approve Amendment No. 1 to Lease Agreement No. A4772
with the Desert Healthcare District modifying the maintenance cost
contributions of the Wellness Park; and 2) Authorize the City Manager to
execute all necessary documents. A4772. Approved as part of the
Consent Calendar, noting the business related abstention of
Councilmember Mills.
EXCLUDED CONSENT CALENDAR:
2.J. AWARD CONTRACT FOR THE RAMON ROAD DRAINAGE IMPROVEMENTS
AT THE BARISTO CHANNEL (CP 09-10):
Councilmember Foat commented on the dollar amount of the bids, stated her
reluctance to award a contract to a firm outside the area with no local sub-
City Council Minutes
October 6, 2010
Page 6
contractors, and requested the City Council schedule a study session item to
review the current local preference for City projects.
ACTION: 1) Approve an agreement with Secondwind Engineering Construction,
Inc., for the Ramon Road Drainage Improvement at the Baristo Channel (CP 09-
10); and 2) Authorize the City Manager to execute the Agreement. A6029.
Motion Councilmember Weigel, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
2.K. SUPPORT OF SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS' BUSINESS FRIENDLY PRINCIPLES DEVELOPMENT OF A
SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY:
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5.
Councilmember Foat stated she would like to see an item about local business
as one of the principles of the Business Friendly Principles.
Councilmember Weigel stated this is a significant item, stated his support of the
Business Friendly Principles, and requested staff further explain the principles for
the public.
ACTION: Adopt Resolution No. 22818, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING
THE `BUSINESS FRIENDLY PRINCIPLES' AS PART OF THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) DEVELOPMENT
OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY." Motion
Councilmember Mills, seconded by Councilmember Foat and unanimously
carried on a roll call vote.
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UNFINISHED BUSINESS: None.
NEW BUSINESS:
5.A. WASTEWATER TREATMENT PLANT ELECTRICAL SYSTEM
UPGRADE:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated October 6, 2010.
Councilmember Mills requested staff provide additional detail on the fiscal
impact, and the impact and reserves of the Wastewater Fund.
ACTION: Authorize Veolia to solicit bids for the Wastewater Treatment
Plant Electrical System Upgrade (CP 09-03). Motion Councilmember
Weigel, seconded by Mayor Pro Tern Hutcheson and unanimously
carried on a roll call vote.
City Council Minutes
October 6, 2010
Page 7
5.13. DISCUSSION ON PROPOSITION 23 ON THE NOVEMBER 2, 2010,
BALLOT WHICH SUSPENDS IMPLEMENTATION OF AIR POLLUTION
CONTROL LAW (AB 32):
Councilmember Foat stated her opposition to Proposition 23 and noted
the proposal is inconsistent with the City's sustainability goals, projects,
and programs, and encouraged voters to vote no on Proposition 23.
ACTION: The City Council of the City of Palm Springs, California, hereby
takes a position in opposition of Proposition 23 for the Election held
November 2, 2010. Motion Councilmember Foat, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
5.C. APPOINTMENT OF COMMISSIONERS TO THE PALM SPRINGS
INTERNATIONAL AIRPORT COMMISSION AS PART OF THE 2010
ANNUAL RECRUITMENT OF COMMISSIONS AND BOARDS:
ACTION: 1) Reappoint Joe Luisi to the Palm Springs International Airport
Commission for the term ending June 30, 2013; 2) Appoint Richard Weiss
and Robert Elsner to the Palm Springs International Airport Commission
for the term ending June 30, 2013; and 2) Appoint Ben Hall to the Palm
Springs International Airport Commission for the un-expired term ending
June 30, 2011. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
5.D. PROPOSED LAND EXCHANGE BETWEEN THE BUREAU OF LAND
MANAGEMENT AND THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS:
Craig Ewing, Director of Planning Services, provided background
information on the proposed land swap, and outlined the City's letter to the
Bureau of Land Management dated September 30, 2010.
Councilmember Foat stated the letter did not make the access to trails a
requirement as a commitment for the exchange going forward, and
requested the City's support be contingent upon the trails being available
to the public without restriction, at no charge, or restricted hours.
Councilmember Mills stated these properties were not considered as part
of the Coachella Valley MSHCP, and requested staff address the status of
the conservation of the area, and stated that all the trails should be subject
to the same conservation plan.
Mayor Pro Tern Hutcheson and Councilmember Weigel requested staff
address the process and the responsibilities of the City.
ACTION: Direct Councilmember Foat and Councilmember Mills work with
staff to prepare and send an additional comment letter to the Bureau of
City Council Minutes
October 6, 2010
Page 8
Land Management consistent with the City Council discussion. By
consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on the upcoming Celebrity Golf Classic event.
The City Council recessed into Closed Session at 7:43 p.m.
REPORT OF CLOSED SESSION: City Attorney Holland stated that the City Council
recessed into Closed Session to complete discussion on the Items contained on the
Closed Session Agenda. No further reportable actions were taken.
ADJOURNMENT: The City Council adjourned at 8:32 p.m. to the next Regular Meeting,
Wednesday, October 20, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a
Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way,
Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
3RD DAY OF NOVEMBER, 2010.
STEP N P. POUGNET, AYOR
ATTEST:
MES THOMPSON, CITY CLERK