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HomeMy WebLinkAbout1996 - MINUTES - 5/1/1996�'rtAir CITY OF PALM SPRINGS CITY COUNCIL MINUTES MAY 1, 1996 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Taliquitz Canyon Way, on Wednesday, May 1, 1996 at 6:00 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Oden, Spurgin, and Mayor Kleindienst Absent: Councilmember Barnes The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262, and an invocation by Rev. M. Andrew Green, Church of St.Paul in lire Desert Episcopal. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on April 26, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. HOUSING AUTHORITY: FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business COMMUNITY REDEVELOPMENT AGENCY: No business PRESENTATION: Proclamation re: City Clerk Week, May 4 - 11, 1996. APPROVAL OF MINUTES: ' It was moved by Oden, seconded by Hodges, and unanimously carried, Barnes absent, that the Minutes of April 17, 1996, be approved. PUBLIC HEARINGS: 1. VILLAGEFEST APPEAL - NINA BRADY Consideration of appeal by Nina Brady from decision of the VillageFest Commission of April 9, 1996. Downtown Development Director read in full his memorandum, which is on file with the City Clerk, providing an overview of Ms. Brady's involvement in the VillageFest since its inception in 1991, the type of product she was authorized to sell, and various reviews (050- thereof in 1992, 1993 and 1996, and decision of the Board that while certain of her items 018 ) were "graudfathered," it never included die sale of Indian jewelry which was not made by her. He added that the Board has been walking the event each week, noting non- compliance with the regulations, which are then brought for review by the Board. In answer to question by Council, he estimated that 95 % of the vendors are in compliance. Mayor declared the hearing open. Nina Brady, appellant, stated that she started with VillageFest, stopped for a short time, and came back after a few months; that in August, 1995, after vacation, she gave samples ' of her products for approval to the VillageFest Coordinator, who took them to the committee, and informed her by telephone that they were acceptable; that she sold jewelry along with her work; that although Ms. Woodhurst took over as coordinator in November, the regulations did not change, and she continued to sell her ceramics; that in March, Indian jewelry was approved at VillageFest which turned out to be wholesale jewelry, and the regulations were changed in April that products had to be made by the person selling them; that the regulation was applied retroactively to her; that she thought she had been approved to sell the jewelry, as she was told; that the denial was that the beaded items were hand assembled and not hand made, and she was called for another Council Minutes 5-1-96, Page 2 1. VILLAGEFEST APPEAL - NINA BRADY (Continued) review, which did not occur because of lack of a quorum; that fire summer had begun, and the regulations were changed again, and "made by die seller" was removed, and she was told she could continue selling the jewelry, which she did until 1 1/2 years later in February, 1995, by which time she had phased out selling her ceramics; that she asked I to be "grandfathered," and was told to not worry, and to continue selling the jewelry; that one year later, she was called again for a review. Leonard Bock, Attorney representing Ms. Brady, stated he was shocked by the VillageFest Board's behavior, in that a visual inspection of what is being sold, will reveal a high percentage are out of compliance; that he felt the Board was not interested in hearing his client, but had already concluded its decision; that he questioned how the VillageFest theme, or public policy, would be hurt by her selling the products; that Indian jewelry is not signed; that the nature of it is important to the Indians in the area and to the VillageFest Theme; and that he feels she has been discriminated against, and[ there is orily one street vendor who has complained, but he believes all of the other merchants favor her sales. Al Scott, VillageFest Bo ud Member, stated that the Board's action was unanimous; that each week the Board faces the issue of artists who make their product and want to sell it, and sellers who sell handcrafted items, which are not made by them; that the first instance is encouraged; drat at no time has the committee ever approved her selling Indian jewelry. Betty Tmninello, resident, stated that the Board should establish specifications, and not be selective, or should stop all who are not in compliance. Thomas Brady, Ms. Brady's father-in-law, stated that she is attempting to supplement family income; has been at the event for five years, without any problems until five months ago; that many vendors sell products made in China, Guatemala and Mexico by child labor; that the Indianjewelry is not factory made, nor by children, and is personally selected by Ms. Brady, and paid for. Randy Butsfall (?), resident, stated he has seen a number of items that are not hand made, (0 and that Ms. Brady has been a loyal vendor and stayed with the event from the beginning - , 05050 ) and is a resident, and should not be excluded. There were no further appearances, and the hearing was closed. In answer to question by Council, Deputy City Attorney, stated that there is the general rule restricting commercially available or purchased wholesale items, and that 75 % of the product must be handcrafted (assembled, and not assembled of manufactured parts)that are otherwise available; and a rule that every person most submit an application and include a sample of what is to be sold. He stated that the Council may determine that these items Ms. Brady is selling fit into die overall definition of those constraints; and that it may wish to know the status of the application for these items, of what has been submitted for approval in connection with the application. In answer to questions by Council, Downtown Development Director stated he was not involved with VillageFest when the application was first addressed, but it appears from the paper work that there were questions or problems noted; that as long as a vendor is continuous in selling, the approval is indefinite; drat changes in rules are applied to all vendors, except those "grandfathered" items, and it includes fees, and other matters. Mayor noted that the word "etc." should be eliminated when considering an application, ' as it is indefinite, and questioned the application of "grandfatberred." Deputy City Attorney stated that there is no provision in the regulations relative to grandfathering; that is an administrative interpretation by the Board; that the Council's reference typically is associated with zoning - a non-conformiing status - and in this instance it recognizes there were those who had items sold during the fledgling; time of VillageFest, and as regulations became more specific, those were told that they need not remove their items that were already approved; that he was not aware of any formal 00'77 Council Minutes 5-1-96, Page 3 VILLAGEFEST APPEAL - NINA BRADY (Continued) decree of "grandfathered". He stated that it relates to the ability to do something, and not just until the offending inventory is gone; that it is an informal process by which certain items are allowed to continue, even though the regulations changed; and the question is whether there was ever informal or formal approval given for her to sell the items. Councilmember Oden questioned whether permission was ever given for her to sell the products, even though it may not have been specific; how likely it is to be able to identify that 75 % of native jewelry is handcrafted, and how is that identification made; and how long she was permitted to continue to sell the jewelry without approval, and if that would have an affect on an approval. Mr. Scott stated that the jewelry on the fortes was for jewelry she was making herself; although the delay was in order to look at it on -the -street to see what she had, but it was not for Indian jewelry; and that there was no formal application for Indian jewelry. Downtown Development Director stated that there are about six "grandfathered" vendors; of which, one sells Indian jewelry; that the Board has a jewelry expert look at the crafts, who determines if they are handcrafted, which is the most difficult item to judge. Deputy City Attorney stated that he did not think there was any paper evidence approving (050- type of jewelry that she is selling, no formal approval given, nor eligibility for the 018 ) nebulous grandfather process, which staff has indicated was limited to include the work shown on the original application, which he did not think qualified for her, and the only remaining question is whether there was some other type of approval that allows her selling this jewelry. Councilmember Hodges questioned if it might be worth a two week delay, in order to see if there is any verbal recognition by past cotmnittee members, or any other written evidence supporting her contention that she was given approval. She added that even if there were such verbal approval, there is nothing on the original application that covers jewelry. In answer to question by Council, Deputy City Attorney staled that the fact she may have sold the product for sometime before being called for review, only is a lack of enforcement; that he did not believe there was any evidence of discrimination, rather there appears to be a unified enforcement; and that she is not eligible in the way that the grandfather provision has been applied. Downtown Development Director stated that all grandfathered vendors have been applied in the same manner, based on what was originally contained in their applications. Mayor stated that he could not find that she had any prior approval, or was told that she could do this, and he thought it would have showed up by now; that aside from many letters of support for her, there is nothing indicating that any verbal approval was ever given. Councilmember Spurgin stated that the original intent of VillageFest was that vendors were not to be in competition with other businesses downtown, but was to be an event to draw people downtown and reacquaint them with the downtown merchants. Councilmember Hodges stated that there have been ups and downs for VillageFest over the past five years; that the regulations have changed; that it has not been a perfect process over that time, but the intent was to have activity to bring people downtown and visit and see downtown and the merchants who are there, but who are not competing with established businesses: and that has been successful. Il was moved by Spurgin, seconded by Hodges, and carried by the following vote, that Resolution 18821 be prepared by staff to deny die appeal: AYES: Hodges, Spurgin and Kleindienst NO: Oden ABSENT: Barnes 0078 Council Minutes 5-1-96, Page 4 2. CASE HSPB #31 - CORK 'N' BOTTLE Recommendation: That the Council receive public comment .and review information (076- regarding the designation of The Cork 'N' Bottle, 342 N. Palm Canyon Drive, as an 001) historic site, and the HSPB further recommends that the City Council designate the structure as a Class 1 Historic Site due to its importance to the City's architectural heritage and to prevent deterioration of the historic, integrity of this site. Planner Patenaude reviewed the memorandum of the Director of Planning & Building, noting that the Class 1 designation precludes any alterations to the exterior of the building, without Historic Site Preservation Board approval. Mayor declared the hearing open; there being no appearances, the hearing was closed. Resolution 18822, as recommended, was presented; after which, it was moved by Hodges, seconded by Oden, and unanimously carried, Barnes absent, that R18822 be adopted. 3. PD244 - WILLIAMSBURG INVESTMENT Recommendation: That the Council approve preliminary and final Planned Development District 244 for the property located at 390 South Indian Canyon Drive, C-2/C-IAA Zone, Section 14. Director of Planning & Building reviewed his report, noting that the applicant for (116- Comfort Inn, wants to use the General Plan density which is higher than the current 111) zoning, and there will be extensive upgrades, and consideralion of non-co;aforming setbacks, open space and parking requirements; that they watt flexibility in establishing a new lobby building to change and modernize the appearances of the building; that there has been substandard parking, and the two adjoining properties have appeared to be as one, and the Commission recommends that it be formalized as to shared use of parking, so there is no misunderstanding about that in the future; that there is no increase in building area, although the total units will increase from 108 to I11; that the Commission had disagreement concerning the bus stop, however, was unanimous in supporting the reworking of the project. Mayor declared tie hearing open; there were no appearances, and the hearing was closed In answer to question by Council, Director of Planning & Building reported that in terms of the parking agreement, it was developed by the City Attorney, and has been used in the past; that the added units will not significantly compound the; problem which already exists; and that the option was to consider granting a variance, and ignoring the issue. Deputy City Attorney Cosgrove stated that the site is Indian -awned, leased land, and enforcement of the parking agreement is upon the lessee, and not the property owner. In answer to questions by Council, Director of Planning & Building reported that lie hoped the project and surrounding properties were so successful that there would be a parking problem on a regular basis; that there may be peak instances of that, in which case surrounding on -street parking is available; that occasionally other hotels maximize parking at peak periods; that this property has physical constraints and limitations; that there could have been the variance consideration, but from a practical standpoint, the uses have been managed, and the mix of day and night uses lends itself to overall parking needs; that the developer believes most of the hotel business will be drive-in, non - reservation guests, staying overnight and checking out the next day. Mayor noted that approval permits parking on neighboring properties, looks at reliance on on -street parking, in order to maximize parking on the site and to find a solution to quality development and deal with those issues; and that the parking agreement should be drafted in as firm a manner as possible. Resolution 18823 as recommended, was presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, Barnes absent, that R18823 be adopted. ()0 79 Council Minutes 5-1-96, Page 5 INTERAGENCY REPORTS: a) Councilmember Hodges reported on actions of the CVAG Executive Committee in terms of excess funds which may be available from the Mid -Valley Parkway, and future action that may enable those funds to be used for the Airport access road portion thereof; that the CVAG budget was approved, with a 7 % reduction; that it has switched from the CVJPIA to the So. Cal JPIA for insurance, at the same premium paid this past year, which would not have been the case with the CVJPIA. She suggested that the City may also wish to explore the possibility of switching, to avoid heavy premium increases. b) Councilmember Spurgin reported on the actions of the Finance Committee, at which banking services, the Golf Course finances, and A.D. 155 were discussed; and the current status of the City Hall Renovation Committee fundraising efforts. c) Mayor reported on meeting with Betty Myers, the Governor's newest appointee to the Mt. San Jacinto Winter Park Authority, at which he had general discussion concerning the Tramway. PUBLIC COMMENTS: a) The following persons spoke on matters not related to an agenda item: Patty Newman, Rancho Mirage, on behalf of the Desert Museum, announced a seven-day celebration in November, 1996, to celebrate the grand opening of the Museum's "Steve Chase Wing" addition to the facility, and plans to have the museum open year-round. On behalf of the employees of the Wyndham Hotel, who conducted a car wash ' and bake sale, a check for $1,000 was presented for the City Hall Renovation project. Jim Ballard, hotelier at 170 E. Palm Canyon, also presented a check for the project, and commented concerting positive events and attitudes in the community. Patty Gamber presented check on behalf of the P.S. Country Club Employees union and its members. Armando Rutkoff, Citizens Wanting Prostitution Eradicated, stated that they have received positive responses from Palm Desert and GTE to address the issue of abuse of the yellow pages, as ads for prostitution; and asked that the City Attorney be directed to work with them and other cities and the telephone company to move as quickly as possible before the yellow page deadline occurs. Joe Foster, 742 Prescott Drive, Art Dugans, 792 Prescott Drive & Marilou Foster, 742 Prescott Drive, each spoke concerning a property in their neighborhood, which is open, occupied by gangs, and a nuisance, and which they felt the City has not addressed. Mr. Foster expressed views that his civil rights have been violated. Joel Simpson, Breakscrew, commented concerning SCE meters, power rates and rebates. b) Comments concerning Item 5: ' John Fitz -Ingraham (sp?), Desert Net, spoke in opposition to offering the contract without formal bid of items in excess of $5,000, i.e., particular non -definitive 117- 117- contracts, and that he will submit a memorandum outlining his concerns. 038) Dick Sroda, considered that the Villagefest Rules may have been sloppy enforcement; and added that the City staff should be able to develop a Web site, or ask the PSHS students to do so, and questioned why the request was for $20,000 if the initial expenditure was only $11,000. 00so Council Minutes 5-1-96, Page 6 LEGISLATIVE ACTION: 4. MUNICIPAL CODE AMENDMENT - VISITORS AND PROMOTION COMMISSION Assistant City Manager reported that an ordinance was prepared to reflect Council discussion at recent study session, to revise the qualification categories for appointment, to change the name from "board" to 'commission" and to delete a councihnentlber as a non -voting member. He added that the Deputy City Attorney included language consistent with the Government Code, concerning conflicts of interest, which will enable the commission to deal with that subject more easily. Mayor questioned if additional "at -large" appointments could be made, if after two attempts to fill the hotel or other business slots, proved unsuccessful. He noted that the current recruitment, after two attempts, has resulted in no applications from the hotel categories. Councilmember Oden stated that the hotel categories were designed to protect the interests of those groups, and perhaps there could be adjustment on their behalf, rather than just the at -large category which may not have their same concerns, as, long as it was not just the larger hotels. Councilmember Hodges agreed, and suggested that there be a limit of no more than two (060- people representing any one category, excluding the at -large category, since anyone filling 024 ) the other slots would actually be there as a "public at -large." Mayor stated that the at -large category was increased to three, in order to have more flexibility to choose from a broader spectrum of applicants; and to exclude this category to fill other categories, when that effort is not successful, could mean finding an applicant who is in business, but not one which is defined by the ordinance, who could not be appointed because he would be categorically exempt. ' Councilmember Hodges stated that whoever the person is, he will be there as a citizen at - large and will not be sitting as a person from a given hotel size, whatever that size may be. In answer to question by the Mayor, Councilmember Oden clarified his preference would be to have the five hotel categories be represented by hotels, but that no one hotel category exceed more than two representatives. Mayor stressed that he would like to keep the at -large category available for an additional member beyond the three, to address those circumstances when there are not enough applicants. Discussion followed whether to extend another call for applicants from the hotel community. The City Clerk confirmed that a short, intensive recruitment was ;possible; and that it could be achieved before the final interviews on May 16. It was also the consensus to open the recruitment to any category, after the first irecruitment effort if that does not produce applicants iar the categories which are open. Deputy City Attorney suggested the following language: "In the event that City Council is unable to fill one or more appointments from the categories of representation, listed in Section 2.23.050, that position might be filled by a representatio.0 of any other category, including the public at -large provided that the number of representatives of any defined ' category, except the public at -large shall not exceed two." Councilmember Hodges suggested checking on how often this has occurred, where hoteliers have not come forward for the various categories, and if it is often., and the categories cannot be filled, then perhaps the distribution needs to be changed. 008- Council Minutes 5-1-96, Page 7 4. MUNICIPAL CODE AMENDMENT - VISITORS AND PROMOTION COMMISSION City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ' REPEALING CHAPTER 2.23 OF THE PALM SPRINGS MUNICIPAL CODE AND ADDING A NEW CHAPTER 2.23 THERETO CONCERNING THE VISITOR AND PROMOTION COMMISSION. It was moved by Hodges, seconded by Oden, and unanimously carried, Barnes absent, that further reading be waived, and the Ordinance be introduced for first reading, subject to adding Conflict of Interest, and language above suggested by Deputy City Attorney, and striking "2.23.070(5)". PALM SPRINGS TOURISM INTERNET WORLD WIDE WEB SITE Recommendation: That the Council approve a contract with Arbor Web Development in an amount not to exceed $20,000 for services needed to update and improve the Palm Springs Tourism Internet World Wide Web site for the period July 1, 1995 through June 30, 1997, A3663. Tourism Director reported that they wanted someone with marketing background who could also help develop a Web site, with an interesting, ever -changing calendar, and one who knew the internet culture and the technical expertise; that the site and name identification were developed, along with a seminar on how to market on the internet and (117- to recoup money invested in it, by securing advertisers; that the costs for those advertisers 038 ) and the collection was through the City, but henceforth it will be direct billing by Arbor; that effective July 1, the City's Information Services Division will be able to take over the maintenance and updating of the site; that the minute order was revised to authorize $14,073, which is the amount spent on behalf of the City and the advertisers. He stated that the staff authorization is limited to $10,000 (products) and the developer was charging $25-40 per hour, and if it were to be redone, staff would look at developing an RFP, but because this started two years ago, there were no qualified people in the Valley to do this. hr answer to questions by Council, he stated that the outside advertiser costs is $3,412 and all of it has been collected. Councilmember Spurgin stated that she did not like what has happened; that she did not like that there was not an RFP, nor that hoteliers pay the City, which then pays the provider; and that she did not think it should have been done that way, nor does it look good. Assistant City Manager stated that there is no charter violation; that the City's computer flags such purchases at $10,000; that he did not think anyone thought the Web site would end up with 160+ pages; that ultimately there was no City costs for the hotels; and that it is part of an advertising program. Mayor noted that with the recaptured funds, the excess of $10,000 is $661. Assistant City Manager stated that there have been no payments made in excess of $10,000. Minute Order 5733 as revised to $14,073, was presented; after which, it was moved by ' Hodges, seconded by Oden, and carried, that MO 5733 be adopted: AYES: Hodges, Oden & Kleindienst NO: Spurgin ABSENT: Barnes ADDITIONAL LEGISLATIVE ITEMS: 0082 Council Minutes 5-1-96, Page 8 A-1. COUNCIL CABINET Assistant City Manager reviewed the provisions of the proposed resolution to create a Council Cabinet, comprised of the City Council and one representative from each of [lie thirteen city boards and commissions (the chair or its designee). Mayor stated that the cabinet will be a great relationship and communication builder , between the Council and its commissions, and to see the role of the commissions in (070- carrying out the 5-year Plan; that there will be quarterly meetings, occurring on the first 001) study session of the quartet Councilmember Oden stated that commissions often are not sure of their duties and responsibilities, and sometimes hear different information back from the Council, and this will allow sharing of information, and provide the opportunity for commissions to see how they can assist the Council in achieving its goals. Councilmember Hodges stated that concerning Section 3 (c) of the resolution, it should Lake more than just two members of the Cabinet to call a special meeting, i.e., in the case of the Council, it is the Mayor or a majority of the Council. Assistant City Manager reported that according to the Deputy City Attorney, under the Government Code (Brown Act), a special meeting may be called by either the chair or a majority of the members. Resolution 18824 establishing Council Cabinet, revising Section 3 (c) to provide that a special meeting may be called by either the chair or a majority of die members, was presented; after which, it was moved by Hodges, seconded by Dden, and unanimously carried, Barnes absent, that RI88211 be adopted. CONSENT AGENDA: ' 6. Res 18825 supporting the appropriation of the U.S. Department of Interior funds for (123- continued work on the Multiple Species Habitat Conservation Plan (MSHCP). 021) 7. MO 5734 awarding contract to AT & T for provision of pay phones including local and (117- long distance dial tone for a five-year term. A3662. 004) 8. MO_ awarding contract for Palm Springs Youth Center gym floor resurfacing, to James T. Dunphy Co., for $38,445., CP94-33, A ----- Defer to 5/15/96. 9. Res 18826 and 18827 approving Payroll Warrants and Claims & Demands. Abstentions: (086- Hodges: #909810 and 909904, and Spurgin #909857. 014 ) It was moved by Hodges, seconded by Spurgin, and unanimously carried, Barnes absent, that Resolutions 18825 through 18827 and Minute Order 5734 be adopted; note abstentions on Item 9. ADDED STARTERS: REPORTS OR REQUESTS: CITY COUNCIL reports or requests a) Councilmember Spurgin requested that PSTV be asked to again show its ' volunteers' names out Channel 17. b) Mayor requested that a future study session item deal with the Council agenda formal; and a tracking system for followup on Council requests. c) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. 0083 Council Minutes 5-1-96, Page 9 PUBLIC reports or requests - None STAFF reports or requests: a) 1996-97 budget delivered to Council; and noted that the FERC documents are on file at the Library Center, and the City Clerk's Office. ADJOURNMENT There being no further business at 10:18 p.m., Mayor declared the meeting adjourned. C_,�, ,JUDITH SUMICH City Clerk 1