HomeMy WebLinkAbout2010-01-06 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
(5
MINUTES
WEDNESDAY, JANUARY 6, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Dr. Michael Kearney, Palm Springs Center for Spiritual Living, led
the Invocation.
ROLL CALL:
PRESENT: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
ABSENT: Councilmember Foat.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet announced the donation fund set-up to assist the family of the recent
Palm Springs fire victims.
David Barakian, City Engineer, provided an update on the Vista Chino and other
Roadway Improvements due to the recent rain storm.
Mayer Pougnet announced the activities at the Wexler Weekend event.
The Date Festival Queen and her Court announced the upcoming activities for the 2010
Date Festival and Riverside County Fair.
Michele Mician, Sustainability Manager, provided an update on Sustainability activities.
Mayor Pougnet provided a recap of the recent Jackie Lee Houston Plaza ribbon cutting
and the 2010 Palm Springs International Film Festival.
Councilmember Mills provided an update on Census 2010.
City Council Minutes
January 6, 2010
Page 2
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the
meeting was called to order, and the City Council recessed into Closed Session to
discuss Items on the posted Closed Session Agenda. The City Council provided
direction to the City Attorney on the Martin v. Palm Springs litigation; otherwise, no
reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tem Hutcheson requested Items 2.D. and 2.J. be removed from the Consent
Calendar for separate discussion.
Councilmember Mills requested Items 2.H. and 2.1. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tem Hutcheson,
seconded by Councilmember Mills and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Hutcheson,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
1. PUBLIC HEARINGS: None.
PUBLIC COMMENT:
LARRY FECHTER, Palm Springs, Sustainability Commission, announced the upcoming
"Look Thru a Lens" event.
PAT SCHLICHT, Southern Sun Construction, commented on Item 2.D. and questioned
why Southern Sun Construction was not selected to be placed on the bid list.
SID CRAIG, Palm Springs, provided an update on the "Ask the Chief' program at
VillageFest with the Police Advisory Committee, the Human Rights Commission Annual
Human Rights Awards event, and the Palm Springs International Film Festival.
DEBORAH MCGARRY, Southern California Gas Co., announced her new position as
the Public Affairs Manager in Palm Springs.
JIM STUART, Palm Springs, noted deferred and lack of maintenance at Ruth Hardy
Park, traffic issues and the lack of timed signals, thanks City Manager Ready and staff
for their efforts with business attraction in the City.
City Council Minutes
January 6, 2010
Page 3
SHEILA GRATTAN, Palm Springs, stated her support for the new Palm Springs Animal
Shelter and thanked Esther Peterson for her work toward the new Shelter and the care
of animals at the Shelter.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Attorney address the bid list for the Animal Shelter,
Councilmember Weigel noted the dates of the upcoming Human Rights Award
Ceremony.
Councilmember Mills requested the City Manager review and report on the replacement
of trees lost in the recent wind storms.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.K., 21., 2.M., and
2.N. Motion Councilmember Mills, seconded by Councilmember Weigel
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the January 6, 2010,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council/Community Redevelopment Agency
Minutes of December 16, 2009- Approved as part of the Consent
Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22639, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1039272 THROUGH 1039416 IN THE AGGREGATE
AMOUNT OF $2,450,653.04, DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 22640, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1039417 THROUGH 1039523 IN THE AGGREGATE AMOUNT OF
City Council Minutes
January 6, 2010
Page 4
$800,390.65, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.E. TREASURER35 INVESTMENT REPORT AS OF NOVEMBER 30, 2009:
ACTION: Receive and File the Treasurer's Investment Report as of
November 30, 2009. Approved as part of the Consent Calendar.
2.F. APPROVAL OF AN ENCROACHMENT LICENSE TO LOWE'S HIW,
INC., FOR A PRIVATE STORM DRAIN LINE IN CAMINO PAROCELA:
ACTION: 1) Approve an Encroachment License with Lowe's HIW, Inc., for
operation and maintenance of a private storm drain line in Camino
Parocela at San Luis Rey Drive; and 2) Authorize the City Manager to
execute all necessary documents. A5932. Approved as part of the
Consent Calendar.
2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A4780 WITH DOKKEN
ENGINEERING FOR THE BELARDO ROAD BRIDGE & ROADWAY
WIDENING (CP 87-49):
ACTION: 1) Approve Amendment No. 1 to Agreement No. A4780 with
Dokken Engineering, in the amount of$103,640 for a total revised contract
amount of $428,640 for the Belardo Road Bridge and Roadway Widening
(CP 87-49); and 2) Authorize the City Manager to execute all necessary
documents. A4780. Approved as part of the Consent Calendar.
2.K. MEMORANDUM OF UNDERSTANDING WITH PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION FOR THE PERIOD JULY 1, 2009,
THROUGH JUNE 30, 2011, AND RELATED AMENDMENT TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN:
ACTION: 1) Adopt Resolution No. 22641, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION (PSFMA), FOR THE PERIOD JULY 1,
2009, THROUGH JUNE 30, 2011, SUBJECT TO UNIT'S RATIFICATION
AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2)
Adopt Resolution No. 22642, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2009-10, ADOPTED BY
RESOLUTION 22530;" and 3) Authorize the City Manager to execute the
Memorandum of Understanding. A5428. Approved as part of the
Consent Calendar.
City Council Minutes
January 6, 2010
Page 5
2.L. AMENDMENT NO. 3 TO AGREEMENT NO. A5859 WITH MSW
CONSULTANTS FOR SOLID WASTE CONTRACT MANAGEMENT
SERVICES:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5859 with
MSW Consultants for solid waste contract management services, in an
additional amount not to exceed $30,000 for one additional year, ending
December 31 2010, total agreement amount shall not exceed $52,320;
and 2) Authorize the City Manager to execute all necessary documents.
A5859. Approved as part of the Consent Calendar.
2.M. ACCEPT THE RESIGNATION OF JILL BEEDE FROM THE
VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Jill Beede; 2) Direct the
City Clerk to post a Notice of Vacancy for the unexpired term ending June
30, 2011. Approved as part of the Consent Calendar.
2.N. COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF
CONVENTION CENTER EAST LOT SPECIAL EVENTS FACILITY
IMPROVEMENTS:
ACTION: 1) Authorize staff to work with the utility companies for
installation of water and power to the facility; 2) Approve a Change Order
with Doug Wall Construction, in an amount not to exceed $85,000, for the
installation of a 14,000 sq ft concrete pad; and 3) Authorize staff to
proceed with informal bidding for the installation of street improvements
(i.e. drive approach and sidewalk), along Avenida Caballeros and Amado
Road frontages. A5897. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID FOR THE PALM SPRINGS ANIMAL CARE
FACILITY, APPROVE THE LIST OF PRE-QUALIFIED GENERAL
CONTRACTORS, AND DEFERRAL OF CERTAIN CONDITIONS OF
APPROVAL, CP 07-24:
The City Council discussed and/or commented on the following with respect to
the project: the gap in funding, and consequences on the gap in funding if the
bids are not under the estimate, the status and possible removal of the "cut out"
columns during architectural review, and the solar components of the project.
ACTION: 1) Approve the plans, specifications, and estimate for the Palm Springs
Animal Care Facility, CP 07-24 amending the specifications to delete the "cut
outs" on the steel columns; 2) Authorize staff to advertise and solicit bids; 3)
Approve the list of pre-qualified general contractors for bidding the project; and 4)
Defer Engineering Condition of Approval Item 24, Planning Commission (Case
No. 3.3369-MAJ), to underground utilities on Mesquite Avenue until a future
City Council Minutes
January 6, 2010
Page 6
assessment district is formed. Motion Councilmember Weigel, seconded by
Mayor Pro Tern Hutcheson and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
2.H, RATIFICATION OF EMERGENCY REPAIRS TO VISTA CHINO:
The City Council discussed and/or commented on the following with respect to
the emergency repairs: any responsibility and potential claims against the
Coachella Valley Water District.
ACTION: 1) Confirm the City Manager's declaration of a public emergency and
threat to public health, welfare, and safety related to flooding on Vista Chino
through the Whitewater River on December 13, 2009; 2) Ratify the City
Manager's authorization of a purchase order issued to Dateland Construction,
Co., in the amount of$178,351, for emergency repairs to Vista Chino through the
Whitewater River; and 3) Approve an agreement with Dateland Construction Co.,
in the amount of $178,351 for the emergency storm cleanup, asphalt repair, and
replacement on Vista Chino through the Whitewater River Crossing; and 4)
Authorize the City Manager to execute all necessary documents. A5933. Motion
Mayor Pro Tom Hutcheson, seconded by Councilmember Weigel and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
2.1. PALM SPRINGS STADIUM RE-ROOFING PROJECT (CP 08-23):
The City Council discussed and/or commented on the following with respect to
the project: any potential loss of funds and the applicability of the public contract
code, the possibility of awarding the contract to the second low bidder, and
recommendations on how to get a roof on the stadium as fast as possible.
ACTION: 1) Terminate Agreement No. A5846 in the amount of $27,900.00 with
Anemos Enterprises, Inc., for the Palm Springs Stadium Re-Roofing Project (CP
08-23); and 2) Authorize re-bidding. A5846. Motion Councilmember Mills,
seconded by Mayor Pro Tom Hutcheson and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
City Council Minutes
January 6, 2010
Page 7
2.J, APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID FOR THE FISCAL YEAR 2009-10 ANNUAL
SLURRY SEAL (CP 09-13):
Councilmember Hutcheson requested the City Manager during the upcoming
budget preparation to prepare for discussion and recommendations to dedicate
local funding toward street repairs.
ACTION: Approve the specifications and working details for the Fiscal Year
2009-10 Annual Slurry Seal (CP 09-13) and authorize staff to advertise and
solicit bids. Motion Mayor Pro Tern Hutcheson, seconded by Councilmember
Weigel and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
S. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY
COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS:
ACTION: 1) Delete the Review Sustainable Community Document
Subcommittee; 2) Delete the Walk of Stars Subcommittee; 3) Delete the
Regulation of Taxi Cab Subcommittee; 4) Delete the Chief of Police
Transition Subcommittee; 5) Delete the Liaisons to the Bob Hope Classic
Charity Evaluation Committee; and 6) Appoint Councilmember Foat and
Councilmember Mills to the Campaign Finance Reform Subcommittee.
By consensus of the City Council.
5.8, APPOINT ONE MEMBER TO THE HUMAN RIGHTS COMMISSION:
ACTION: Appoint Greg Rodriguez to the Human Rights Commission for
the unexpired term ending June 30, 2011. Motion Councilmember Mills,
seconded by Mayor Pougnet and unanimously carried 4-0 on a roll
call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro
Tem Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
City Council Minutes
January 6, 2010
Page 8
S.C. MUSEUM MARKET PLAZAISPECIFIC PLAN MONTHLY UPDATE:
Thomas Wilson, Assistant City Manager, provided a verbal report on the
progress on the Museum Market Plaza/Specific Plan and development
update.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 7:13 p.m. to a Study Session,
Wednesday, January 13, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a
Closed Session at 4:30 P.M., Small Conference Room, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
20TH DAY OF JANUARY, 2010.
STEPH N P. POUGNET, MAYOR
ATTEST:
/` MES THOMPSON, CITY CLERK