HomeMy WebLinkAbout2008-05-07 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, MAY 7, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: The Palm Springs Police Department led the Pledge_
INVOCATION: Rev. Amanda Burr, United Methodist Church of Palm Springs, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
A video presentation was made on the City's 70th Birthday.
The City Council presented Troy Butzlaff, Assistant City Manager, a Certificate of
Recognition for his service to the Community, and wished him well on his new position.
Mayor Pougnet and the City Council proclaimed May 11 through May 15, 2008, as
Public Service Recognition Week in the City of Palm Springs.
Mayor Pougnet and the City Council proclaimed May 11 through May 15, 2008, as
Peace Officers Memorial Week in the City of Palm Springs.
The California Highway Patrol and Automobile Club presented 10851 Awards to Palm
Springs Police Officers Michael Casavan, Christopher ā¯‘uthaler, and Samuel
Steepleton.
David Dominguez, Police Chief, administered the Oath of Office to new Police Officers
Nicholas Andre, Michael Heron, and Chad Nordman.
City Council Minutes
May 7, 2008
Page 2
REPORT OF CLOSED SESSION: City Attorney Holland stated that the meeting was
called to order at 4:30 p.m., and the City Council recessed into Closed Session to
discuss the Items contained on the posted Closed Session Agenda. No reportable
actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has requested Item RA2. be removed from the
Agenda.
Councilmember Mills requested Item 2.0. be removed from the Consent Calendar for
separate discussion.
Mayor Pougnet requested Item 2.M. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. APPEAL BY JACKIE SWISHER OF THE DECISION OF THE
PLANNING COMMISSION DENYING A RECREATIONAL VEHICLE
PERMIT ON PROPERTY LOCATED AT 335 WEST YORBA ROAD,
CASE RV 07-005:
Tom Wilson, Assistant City Manager, and City Attorney Holland provided
background information as outlined in the staff report dated May 7, 2008.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ERIC GUINAN, Representing Applicant, stated this was the first time he
has heard from the Planning Department that another application could be
submitted, provided background information on the denial of the
Application, the Planning Departments reason for denial, recapped the
written materials submitted by the Applicant, and stated as a Condition of
Approval the Applicant will install a front gate to screen the R.V.
A. PAUL TOMKO, Palm Springs, provided background information on the
selection of this property, stated the R.V. has not been parked at this
location, and requested the City Council approve a Recreational Vehicle
Permit.
MICK JOHNSON, Palm Springs, commented on the petition submitted by
the Applicant, stated the lot is too small for the size of R.V.
City Council Minutes
May 7, 2008
Page 3
BRUCE BOHL, Palm Springs, commented on the inaccuracies in the
written document submitted by the Applicant, and the planting materials to
screen the R.V.
JOY SMITH, Palm Springs, commented on the written materials presented
by the Applicant, the planting materials, and requested the City Council
deny the permit.
GEORGE THOMAS, Palm Springs, stated the lot is too small for the R_V.
size, and requested the City Council deny the permit.
GP GERBER, stated the Applicant should purchase a property that
provides for R.V. parking.
ERIC GUINAN, Representing Applicant, Rebuttal, commented on the
report by Staff with respect to the process, and stated that the RV is
permitted under the City's current rules.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson commented on the direction by the City
Attorney, and the process of this permit.
Mayor Pro Tem Foat commented on the process and stated the only
decision the City Council is able to consider is the merits of the original
application.
Councilmember Mills stated this was an appeal of the Planning
Commission, anything that happened after that decision is not subject to
City Council action, and commented on the lot size relative to the R.V.
ACTION: Adopt Resolution No. 22215, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
AN APPEAL BY JACKIE SWISHER AND UPHOLDING THE DECISION
OF THE PLANNING COMMISSION DENYING A RECREATIONAL
VEHICLE PERMIT FOR PROPERTY LOCATED AT 335 WEST YORBA
ROAD, CASE RV 07-005." Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried on a
roll call vote.
PUBLIC COMMENT:
STEVE SIMS, stated that May is National Bicycle Month, and provided the City Council
an update with local activities.
City Council Minutes
May 7, 2008
Page 4
SHANE WALTON, Palm Springs, commented on Item 2.M., the California Desert and
Mountain Heritage Act, and requested the City Council support the legislation.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None_
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.13., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J.,
2.K., 2.L., and 2.N. Motion Councilmember Weigel, seconded by
Councilmember Mills 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 May 7, 2008, City
Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF AIRLINE'S REIMBURSEMENT REQUEST FOR
EXPENSES RELATED TO MOVE TO THE NEW CONCOURSE AT THE
PALM SPRINGS INTERNATIONAL AIRPORT:
ACTION: 1) Approve a Gate Relocation Reimbursement Request from
Skywest Airlines in the amount of $26,684.00; and 2) Approve a Gate
Relocation Reimbursement Request from Horizon Airlines in the amount
of$9,029.45. Approved as part of the Consent Calendar.
2.C, APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22216, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 4-5-08 BY WARRANTS NUMBERED 413250 THROUGH 413298
TOTALING $77,909.04, LIABILITY CHECKS NUMBERED 1027540
THROUGH 1027560 TOTALING $146,329.62, THREE WIRE
TRANSFERS FOR $60,007.06, AND THREE ELECTRONIC ACM
DEBITS OF $1,089,130.74, IN THE AGGREGATE AMOUNT OF
$1,372,37(3.46 DRAWN ON BANK OF AMERICA;" and 2) Adopt
Resolution No. 22217, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1027844
THROUGH 1027845 IN THE AGGREGATE AMOUNT OF $73,044.95
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE PALM SPRINGS STORM
City Council Minutes
May 7, 2008
Page 5
DRAIN LINE 6A, LINE 8, LATERAL 20C AND LATERAL 20CA
PROJECT, CITY PROJECT NO. 05-20:
ACTION: 1) Approve the plans, specifications, and working details for the
Palm Springs Storm Drain Line 6A, Line 8, Lateral 20C and Lateral 20CA,
City Project 05-20; and 2) Authorize Staff to advertise and solicit bids.
Approved as part of the Consent Calendar.
2.E. ONE-YEAR TIME EXTENSION FOR TTM 32263 FROM JEFFREY
PARKER OF THE JAMESON COMPANY, A PREVIOUSLY APPROVED
SUBDIVISION OF ONE INDUSTRIAL BUILDING INTO NINE UNITS
LOCATED AT 1301 MONTALVO WAY:
ACTION: Adopt Resolution No. 22218, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM MAY 19, 2008, TO
MAY 18, 2009, FOR TENTATIVE TRACT MAP 32263, A PREVIOUSLY
APPROVED SUBDIVISION OF AN INDUSTRIAL BUILDING INTO NINE
UNITS LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION
7." Approved as part of the Consent Calendar.
2.F. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2008:
ACTION: Receive and file the Treasurer's Investment Report as of March
31, 2008- Approved as part of the Consent Calendar.
2.G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A5301 WITH
MSA CONSULTING, INC. FOR ADDITIONAL FOCUSED ENTITLEMENT
PLANNING SERVICES PROVIDED FOR THE PALM SPRINGS ART
COLONY ON THE SOUTH SIDE OF RACQUET CLUB ROAD
BETWEEN NORTH PALM CANYON DRIVE AND NORTH INDIAN
CANYON DRIVE (2400 NORTH PALM CANYON DRIVE) PROJECT NO.
5.113 PD329 3.2903:
ACTION: Approve Amendment No. 1 to Agreement No. A5301 with MSA
Consulting, Inc., in the amount of $13,890,09, revised total contract
amount of$52,823.77, for additional focused entitlement and EIR planning
services. A5301. Approved as part of the Consent Calendar.
2.H. AWARD CONTRACT FOR TESTING AND INSPECTION SERVICES
FOR THE AIRPORT IMPROVF/MODIFY/REHAB TERMINAL COMPLEX
PROJECT:
ACTION: 1) Approve an Agreement with Southern California Soils and
Testing, in an amount not-to-exceed $80,000, for special testing and
inspection services, for the Airport Improve/Modify/Rehab Terminal
Complex Project CP#07-09, AIP 3-06-0181-43; and 2) Authorize the City
Manager to execute the Agreement. A5658. Approved as part of the
Consent Calendar.
City Council Minutes
May 7, 2008
Page 6
2.1. AMENDMENT NO. 3 TO AGREEMENT WITH ALLEN F. SMOOT &
ASSOCIATES EXTENDING THE TERM AND APPOINTING THE FIRM
TO ACT AS OWNER'S REPRESENTATIVE ON THE AIRPORT
IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT CP#07-
09, AIP 3-06-0181-43:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5488 with
Allen F. Smoot & Associates, for an additional amount of $147,250,
subject to FAA approval; and 2) Authorize the City Manager to execute the
Amendment to the Agreement. A5488. Approved as part of the Consent
Calendar.
2.J. AMENDMENT NO. 15 TO AGREEMENT WITH GENSLER FOR
ADDITIONAL DESIGN SERVICES FOR THE AIRPORT
IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT CP#07-
09, AIP 3-06-0181-43:
ACTION: 1) Approve Amendment No. 15 to Agreement No. A4382 with
Gensler, for an additional amount of $224,790; and 2) Authorize the City
Manager to execute the Amendment to the Agreement. A4382. Approved
as part of the Consent Calendar.
2.K. PURCHASE OF AN AIRPORT ALERT PHONE SYSTEM
REPLACEMENT:
ACTION: 1) Approve the Sole Source procurement to Brudvik, Inc., in the
amount of $38,760, for the purchase and installation of a new ALERT Plus
V.2 crash phone system; and 2) Authorize the City Manager to execute all
necessary documents. Approved as part of the Consent Calendar.
21. AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB)
FOR ANY OR ALL AVAILABLE CIWMB TIRE RELATED GRANTS FOR
A PERIOD OF FIVE YEARS:
ACTION: 1) Adopt Resolution No. 22219, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ANY
OR ALL AVAILABLE CIWMB TIRE RELATED GRANTS FOR A PERIOD
OF FIVE YEARS;" and 2) Authorize the City Manager or his designee to
execute, on behalf of the City of Palm Springs, all necessary grant related
documents for the purposes of securing the grant funds and to implement
and carry out the purposes specified in the grant applications. Approved
as part of the Consent Calendar.
2.N. APPROVAL OF PARCEL. MAP 34289 WITH SMOKE TREE, INC., A
CALIFORNIA CORPORATION, AND DONAHUE SCHRIBER REALTY
GROUP, LP, A DELAWARE LIMITED PARTNERSHIP, FOR A 6 LOT
PARCEL MAP FOR COMMERCIAL PURPOSES LOCATED AT 2465 E.
City Council Minutes
May 7, 2008
Page 7
PALM CANYON DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 4 EAST:
ACTION: Adopt Resolution No. 22221 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 34289 FOR PROPERTY LOCATED AT 2465
E. PALM CANYON DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, WITH SMOKE TREE, INC., A CALIFORNIA
CORPORATION, AND DONAHUE SCHRIBER REALTY GROUP, LP, A
DELAWARE LIMITED PARTNERSHIP." Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.M. PROPOSED RESOLUTION IN SUPPORT OF HR 3682, THE CALWORNIA
DESERT AND MOUNTAIN HERITAGE ACT:
ACTION: 1) Adopt Resolution No. 22220, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING HR
3682, THE CALIFORNIA DESERT AND MOUNTAINS HERITAGE ACT."
Motion Councilmember Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.0. REPORT OF EMERGENCY EXPENDITURES DUE TO THE SEVERE WIND
DAMAGE TO CITY PARKS ON SUNDAY, FEBRUARY 3, 2008:
Councilmember Mills and Councilmember Hutcheson requested staff address the
replacement of plants lost in the wind storm, and any insurance coverage.
ACTION: Receive and file the report of emergency expenditures for wind
damage sustained at City Parks on February 3, 2008, pursuant to Palm Springs
Municipal Code Section 7.04.040[41. Motion Mayor Pro Tom Foat, seconded
by Councilmember Mills.
Councilmember Weigel requested the City Manager place on a future agenda, raising
the dollar limit for City Manager authorized contracts and purchases.
The City Council recessed at 7:31 p.m., and convened as the City of Palm Springs
Community Redevelopment Agency_
The Community Redevelopment Agency adjourned at 7:42 p.m., and the City Council
reconvened.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
City Council Minutes
May 7, 2008
Page 8
4.A. AWARD CONTRACT FOR THE IMPROVE/MODIFY/REHAB TERMINAL
COMPLEX PROJECT CP#07-09, AIP 3-06-0181-43 AT THE PALM
SPRINGS INTERNATIONAL. AIRPORT:
City Attorney Holland provided background information as outlined in the
staff report dated May 7, 2008.
Mayor Pro Tern Foat requested staff address the lack of landscape and
waterscape plans.
Councilmember Mills thanked staff for keeping the project moving and
their work on the BID process.
ACTION: 1) Adopt Resolution No. 22222, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
UPHOLDING THE BID PROTEST OF HARBOR CONSTRUCTION
COMPANY INC., PURSUANT TO THE AWARD OF CONTRACT ON THE
AIRPORT'S IMPROVE/MODIFY/REHAB TERMINAL COMPLEX
PROJECT, CP#07-09, AIP 3-06-0181-43 AND AWARD THE CONTRACT
TO HARBOR CONSTRUCTION;" 2) Approve the issuance of a purchase
order not-to-exceed $50,000, for the steel shop drawing portion of the
contract, immediately following award, with the remaining portion of the
contract to be encumbered after FAA approval and contract execution; 3)
Adopt Resolution No. 22223, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2007-08 BY $5,572,262;" and 4) Authorize
the City Manager to execute all necessary documents. A5659. Motion
Councilmember Weigel, seconded by Mayor Pro Tern Foat and
unanimously carried on a roll call vote.
4.13. PRELIMINARY FISCAL YEAR 2008-09 BUDGET:
City Manager Ready provided a status report of the Fiscal Year 2008-09
Budget, initially presented to the City Council on April 30, 2008.
Councilmember Hutcheson stated his concerns for a potential deficit for
the next fiscal year, the funding of the Special Distribution Fund, and
stated the City needs to be conservative with its projections, and stated he
would like to review the operation of the Golf Course, and the increase in
expenditures in tourism.
Mayor Pougnet requested staff address the Sales Tax calculation and
projections.
No action taken.
City Council Minutes
May 7, 2008
Page 9
5. NEW BUSINESS:
5.A. CITY OF PALM SPRINGS PAVEMENT MANAGEMENT SYSTEM
(PMS), A COMPREHENSIVE REPORT ON THE CURRENT CONDITION
OF CITY STREETS:
City Manager Ready and David Barakian, City Engineer, provided
background information as outlined in the staff report dated May 7, 2008.
Mayor Pro Tern Foat thanked staff for the report, and requested the report
be posted on the City's website.
Councilmember Mills commented on the use of Assessment Districts for
neighborhoods that wished to upgrade streets.
ACTION: Receive and file the report City of Palm Springs.Pavement
Management System (PMS) - A Comprehensive Report on the Current
Condition of City Streets. Motion Councilmember Weigel, seconded by
Mayor Pro Tern Foat and unanimously carried on a roll call vote.
5.13. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN
COMMISSION AND BOARD APPLICATIONS, TO DETERMINE
QUALIFIED APPLICANTS, AS PART OF THE 2008 ANNUAL
RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
ACTION: 1) Waive the procedures in Resolution No, 18804 Section 7[b],
for the 2008 Annual Recruitment process, to allow for the City Council as
a whole, to participate in the screening and interview of Applicants for the
Planning Commission and the Historic Site Preservation Board; 2) Waive
the procedures in Resolution No. 18804 Section 7[b], for the 2008 Annual
Recruitment process that provides for the Mayor to participate in all
subcommittees; and 3) Mayor Pougnet appointed two-member City
Council subcommittees to screen commission and board applications, to
determine qualified applicants for commissions and boards as follows:
Airport Commission Councilmember Weigel and Councilmember Mills.
Human Rights Commission Mayor Pro Tern Foat and Mayor Pougnet,
Library Board of Trustees Councilmember Weigel and Mayor Pougnet.
Parks and Recreation Commission Councilmember Hutcheson and
Councilmember Weigel.
Public Arts Commission Mayor Pro Tem Foat and Councilmember Mills.
City Council Minutes
May 7, 2008
Page 10
Resource Conservation Commission Councilmember Hutcheson and
Councilmember Mills.
VillageFest Board Councilmember Hutcheson and Mayor Pro Tern Foat.
No Subcommittee was established for the Administrative Appeals Board,
the Personnel Board or the Rent Review Commission.
Motion Mayor Pro Tern Foat, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
5.C, APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR
SUSTAINABILITY:
Mayor Pougnet recommended that the City Council, as a whole, consider
sustainability programs and issues.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills thanked the City Manager and City Engineer for their corrective
action taken on Farrell Drive.
Mayor Pro Tem Foat announced the upcoming Neighborhood Organization picnic and
events.
ADJOURNMENT: The City Council adjourned at 8:22 p.m. to a Study Session,
Wednesday, May 14, 2008, at 6:00 P.M. in the 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
21U DAY OF MAY, 2008.
t
STEPHEN P. POUGNET, MAYOR
ATTEST:
MES THOMPSON, MIT CLERK