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HomeMy WebLinkAbout1997 - MINUTES - 7/2/1997 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 2, 1997 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Klehndienst, in the Council Chamber, 3200 Talnquitz Canyon Way, on Wednesday, July 2, 1997 at 5:30 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 Barnes, Hodges, Oden, Spurgin, and Mayor ' Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Dr. Jim Tom, United Methodist Church REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 27, 1997. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: Swear-in New Police Chief, Lee Weigel Plaques to former commissioners Al Scott, Sue Cote and Susan Bennett HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FI14ANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency. APPROVAL OF MINUTES: ' It was moved by Oden, seconded by Barnes, and unanimously carried, that the :Minutes of June 11 and 18, 1997 be approved. COUNCIL COMMENTS/ANNOUNCEMENTS: None ]PUBLIC HEARINGS: 1. VEHICLE PARKING DISTRICT I - BOUNDARY AMENDMENT On.Tune 4, 1997, Council declared intent to initiate substitution proceedings for certain real property between the City of Palm Springs Parking District 1 and the Community (106- Redevelopment Agency and fixing a time, and place for hearing objections to said 001), substitution. City Attorney stated that the proposed action is a follow-up to the new agreement concerning Las Casuelas Terrazza, thereby substituting boundaries of the VPD; that consideration had been given to dissolving the district, however, it might be a mechanism to use with respect to the parking solutions downtown. Ile stated that the net income to the City will be placed in the Parking Fund. Mayor declared the hearing open; there were no appearances, and the hearing was closed. Resolution 19062 approving substitution as recommended, was presented; after which, it ' was moved by Hodges, seconded by Oden, and unanimously carried, that R19062 be adopted. PUBLIC COMMENTS: Council Minutes 7-2-97, Page 2 a) Continents on matters not related to an agenda item: John Booth, police officer, commended the appointment of Lee Weigel as Police Chief. b) Comments on Item 7: Darrell Meeks, resident, stated lie opposed the ballot language, and considered it an unfair advantage to people who will be running for election in two years; that it (083- should be reduced to zero. I-Ie commented on other matters also, noting that he 016) favored allowing people to speak for one minute prim to each item; questioned where the differential between the cost of palm tree trimming and the projected cost will come from; and that he supports a strong mayor type of government. Dick Sroda, resident, stated that as an advisory measure, the Council does not have to be bound by the vote; and that this is an opportunity to keep the Council's commitment to eliminate the tax. c) Comments regarding Item 2: Jim McClean, resident, stated that one recommendation is to privatize as many city (075- functions as possible; that he was not sure that there are actual savings in doing so, 002) noting that the golf course required a $1.2 million loan because of shortfall in revenue, and that there have been supplemental budget transfers to cover sprinkler repairs, trimming, and other matters; that he commended Mr. Lapham for trying to reduce the General Fund operating cost, but his concern was that he should have contacted other cities which use Rural Metro and have since canceled their contracts with them. d) Continents regarding Item 3: Doug Galloway, stated that although he was the Vice-Chairman of the Parks & Recreation Commission he did not have any involvement with the catering (109- proposal; that his firm submitted a proposal; that he considered it would be in the 005) best interest to resign his position with the Commission, if he were to receive the contract, in the interest of-,my question of impropriety. INTERAGENCY REPORTS: a) Councilnember Oden reported on Community Action Commission's Family Loan Prognun, programs for seniors, a mentoring prograun, and the Riverside Men's Shelter. b) Couucilmember Hodges reported on the CVAG General Assembly meeting, noting that the TUMF will be looked at in depth by the Transportation Comnittee; and announced that Dave Berry is the new CVAG Chairman. LEGISLATIVE ACTION: 2. CHARTER REVIEW COMMITTEE Report of Charter Review Committee, presented by its Chairman Arthur Lyons. Chairman Lyons stated that the Committee looked at what the City was currently doing, or (07 5- not doing, and what advantages might be gained by making changes, which were analyzed 002) in the light of legislation, and other factors. He stated that in terms of Recommendation under "Human Resources" in the report, it should be amended to read, as follows: 111. Council may or tnay not wish to authorize a study of the power structure and authorities within the government, including whether the current distribution of the power i Council Minutes 7-2-97, Page 3 and authority between the City Council and the City Manager fairly represents the wishes and objectives of the community." He read details of the remainder of the recommendations, and noted that many do not require Charter amendments. Be noted that the intent of the subco runittee was for a strong mayor/council form of government versus a council/manager forum; and the report contains the language which the Committee supported. Mayor noted that the report does not use the term, "strong mayor," and stated that the Committee was established by the Council, with no specific direction, nor priority of issues; that he read the Committee minutes, and the report per se is only 1 1/2 pages of recommendations, most of which are related to matters outside of the Charter; and he questioned if the above recommendation relates to the entire council relationship to the city manager. Mr. Lyons responded affirmatively, and stated that it was within the purview of the Council to direct further action if it so desired, and that it was not a recommendation of the (075-• Committee, rather that the Council "may or may not" want to consider it, or place it on the 002,) ballot. In reference to comment by Councilmember Hodges that she received a copy of a letter from some committee members addressed to the Desert Sun, he stated he was not aware of such a letter. Councilmember Hodges stated she did not have any problem in discussing or exploring the concept, and perhaps form a corunittee to seek citizen input as to their views; that over the past years, there have been people express support for Council districts. Councilmember Barnes stated he was open to researching it, in order to know the pros and cons, and that much of it is relevant to whoever is sitting on the Council at a given time. Councilmember Oden stated the report contained a lot of good issues which need to be looked at in more detail; that he was surprised by the discussion regarding changing the style of government; that there is currently a very active mayor, and the City receives benefit from that; that if that becomes an expectation of the Office: of the Mayor, he was not certain that everyone can fulfill that standard, and it should be examined carefully. Councilmember Barnes noted that citizens are expected to run for office with little compensation, be full-time and still make a living; and he questioned if salaries could be regulated; and that if a strong mayor form were to take place, it would almost have to be with a salary to attract qualified people to fill the position. City Attorney stated that the Council may change the compensation, which would be effective following the subsequent election. Mayor stated that elected officers are corunitted to serving the City, yet they must earn a living, and there is only so much time that can be given; that he felt every candidate runs with the expectation that if elected they will become a change agent; that if it requires more time, it will also require more staff assistance; that Ire questioned if the Council was suggesting that this be referred back to the Conruuittee to develop scenarios as to what it means for the Council to have more compensation and to spend more time, and to find out what the conununity expects from its elected officials, and then to submit charter changes to address those expectations. City Manager suggested looking at the various forms of government in other areas; [hat if the movement is away from the council/manager form, it will also mean additional compensation for councilmembers; that the League of California Cities has resource materials and information, and proforma budgets can be looked as what such a proposal would cost; and that a vehicle could be developed which could be; sent to the community to give input as to its reaction to such a concept. Mayor stated that additionally he would also like to see what other cities' charters contain that Palm Springs might receive benefit from likewise doing. Council Minutes 7-2-97, Page 4 City Manager stated that the staff could pull the information together, however, it needs people in the coimnunity to be involved, for example, such as Mr. Lyons, and that he would like to discuss it further with him. Councilmember Spurgin stated that while she served on a City Commission and special ' coui nittees, it was not until she was elected to the City Council that she understood the complexity of local government, and not until after eighteen months of working at it to not feel overwhelmed or ignorant of it; that the Council tries to make good, sound decisions, but does not have the expertise of ruining government, as does the City staff, on which she relied for input and advice; that she feels she was elected because people felt she was a reasonable person, and able to make decisions based on advice, reading, listening and talking with people, but not necessarily doing the job. City Manager stated that this is one of the things which needs to be illustrated, and he favored looking at various options and see if there can be improvements or a different way of doing things; and that he viewed it as an opportunity to look at improving the product, and the conclusion could also be that the current method is still acceptable, and that if the city manager form of governnent cannot stand the test of contemporary tines, then it should be changed; otherwise remain. Mr. Lyons stated that when the subcommittee spoke with him about its intention, he advised them that he would resign and not lend his name to that recommendation; and he did not feel suited to conducting an impartial analysis in that regard. Mayor stated that the Charter is the City's constitution, and as corporations do in reviewing their products, the City also needs to make periodic reviews and modify its systems accordingly; that the recommendations look at both structure and performance, and a request has been made to also look at councilmanic districting, in addition to the role and empowerment of the mayor and council. Comncihnernber Hodges stated that it was important to consider that die discussion is to only look at the options, and that she was not certain if she favored them, but would favor continuing to gather more information for review. City Manager stated that he would like to meet with the Councilmembers to get their thoughts, and to bring those together and come back with a format of suggestions; and to discuss with Mr. Lyons his further involvement. No specific action; Council accepted City Manager suggestion. 3. DEMUTH PARK CONCESSION AGREEMENT Recormnendation: That the Council approve a 2-year contract with Desert Catering for the operation of a food concession at DeMuth Park, with three options for one-year renewals, (109- at a rate of 12% of gross sales, A--- 005) City Manager stated that the proposal provides a two year period, and although it refers to sale of alcohol, no alcohol in the park keeps problems under control, and he recormnended it be deleted from the final contract. Councilmember Barnes stated that it was important for the public to hear the explanation regarding conflict of interest, and that a commissioner feels compelled to resign because of a change of the perception of impropriety, and if it is clear that there is none, then such resignation should not be accepted. City Attorney explained the following: a. That the issue came from the department whether there was a problem and if a conflict was created by the entry into the contract; that under the Political Reform Act, abstention from participation in the decision resolves the problem; that once the contract was in place, he would have a financial interest, and it could be possible that he would have to abstain from a number of actions where an event Council Minutes 7-2-97, Page 5 might affect his sales, but he could still be a commissioner; that another source of authority is Government Code 1090, under which the City is prohibited from entering into a contract with a public official - those who make decisions concerning the contract- mainly applicable to Councilmetnbers, which means that a contract could not be entered into even if the person abstained from participation, because that relationship is barred under G/C 1090; that; the question was raised ' whether that also applied to a commissioner; that the recommendation generally is No, because they do not enter into the contract; b. That a specific court case in which a cominission had a high level of involvement and made a recommendation which the Council followed, the court ruled that the cormmissioner was almost like a councilmember because of the key role played in developing the recorntnendation, and therefore was barred from entering into a contract; that in terns of the Parks & Recreation Coruanission, it does not get involved in contracts and there was no need for it so do so in this case, but if it did, there would have been a G/C 1090 problem; C. That an unrelated issue has surfaced, i.e., the City's boilerplate contract language provides that no public official shall have an interest in the contract; that this contract language exceeds the State law requirements, and if it remains in the contract, there is a potential problem in that if Mr. Galloway did not :resign, the standard contract language would have to be changed to permit otherwise. Councihnember Spurgin stated that the concession is not a big money maker, and she questioned if Mr. Galloway would still be interested if he could not have alcohol sales. Mr. Galloway stated that the REP indicated that beer/wine sales would be endorsed by the City, and in the absence of that endorsement by the City Manager or the Police. Chief, he would withdraw his proposal; but he would like to be able to do so within a controlled ' environment. City Manager recommended that this matter be continued so he could discuss it with City staff of the Connnission, and the police chief; that he felt there has been a lot of things clone to encourage wholesome activities in the park, and he would not want to eliminate the proposal without careful review first. Council requested clarification and additional information concerning the Scope of Services, Exhibit A, items A-10, 15 and 16, items B-1, 7 and 8, and a full text of the contract in order to relate the modifications to standard language referred to in Exhibit B and C. It was moved by Oden, seconded by Spurgin, and unanhnously carried, that this matter be continued to July 16, pending further review and report. 4. ZONING CONSISTENCY PROGRAM - CS 5.0692 (Ord. Intro 6-18-97) City Clerk read title of Ord 1546, after which, it was moved by Hodges, seconded by (149-- Spurgin, and unanimously carried, drat further reading be waived, and that 01546 be 015) adopted. 5. PSDRCVB AIRLINE SERVICE COMMITTEE Recormnendation: That the Council approve funding of$19,000 for the committee for the ' 1997-98 fiscal year. City Manager reported that the Executive Director for the PSDRCVB advised that he would (050- consider the formula change in a future year; and that he recommended this matter be 008) continued to the next meeting, in order to determine specific finding source for the full $50,000. It was moved by Spurgin, seconded by Oden, and unanimously carried, to continue this matter as recommended. Council Minutes 7-2-97, Page 6 6. CITY HALL RENOVATION a) Discussion and direction, if any - none (117- 041) 7. 1997 GENERAL MUNICIPAL ELECTION ' Reconnnenclation: That the Council call and give notice of the General Municipal Election to be, held November 4, 1997, for the election of two members of the City Council, each for a full four-year term; adopt regulations for candidates for elective office, pertaining to materials submitted to the voters and the costs thereof; and other procedural matters; consider options to resolving tie-votes; and call special election to consolidate with said General Municipal Election regarding the utility user tax, and if desired, designate members authorized to file written arguments. City Clerk reviewed her memorandum in terms of the procedural resolutions and actions relative to the election; the option for the Council to review and/or change current policy concerning tie votes, and procedural resolutions concerning placing a measure on the ballot. City Manager stated that a two-year tune-frame gives the voters an opportunity to review the City at each election; that the City also needs to be funded; and that it would give the (083- City Manager a limited time in which to make adjustments where revenue sources are lost. 016) Councilmember Oden supported the two-year limit, and stated it gives enough time in which to make evaluations. Councihnember Hodges stated that she generally favors calling an election to resolve a tie vote, however, right now it would mean a heavy cost. Councihnember Barnes stated that he appreciated the cost, however, the two candidates could be miles apart, and those who voted for other candidates will judge who is the best candidate. Councihnember Spurgin agreed. Mayor questioned whether the suggested ballot language on the utility tax was two questions. City Attorney stated that it is a compound sentence, based on the Council representation that the tax rate, its continuance, length of time, and additional advisory vote were all connected; however, the question could be separated into two questions. Councilmember Barnes stated lie did not see it as two questions, rather asking if the voters want to continue it and be asked again after two years. He stated he believed the tax is needed, and it is the Council's duty to help people understand the truthfulness of that need. Mayor stated that he was not certain there would be a significant change seen in two years, and questioned the intent of the two years. Councilmember Spurgin stated she felt the intent to be to make people accountable. Councilmember Oden stated that the accountability is somewhat in place, that the Council priorities have been set, and one is to see what can be. done to increase revenues, and if that cannot be done, that must be shared with the community. ' Mayor stated that he was concerned about "stopping the engine and slowing it down" and that there will be a continual gearing-up and dual budget preparation drain on resources, and damage to the economic vitality that occurs - leaving a cloud to hang over the City's economic development and progress, and long tern planning. Councilmember Spurgin agreed, and added that by the time the cycle winds down, it will be tine to start over.. City Attorney suggested that the Council could place the question on a June ballot, thereby securing a result and eliminating need to produce two budgets, since the tax is not being Council Minutes 7-2-97, Page 7 treated as subject to Prop. 218, as it was a pre-existing tax and precludes Prop. 218, an advisory vote is not a problem, nor required to occur in November. Councilmember Hodges noted that the Charter Review Committee recormnended that the fiscal year be changed to October, and she favored looking into that in any event. She also stated that the tax has been in effect for four years; that the Council said it would do its best to eliminate it; that the State and other factors took it out of the City's control, and it was unable to do that; that if it is placed on the ballot for another four years, people with say that it is now, eight years without some accountability, and it would be more vial:de. to do it for two additional years; that some of the things which have been done in the past two years will come into place; that the economy is not 100% great, but it is moving forward; that the Council is enthusiastic, and she was hopeful that will be taken on by developers, the business community, and the community at large; that planning does not need to be stopped during any of that time; that it is an advisory vote, and whoever is sitting on the Council at that time, does not have to be bound by it. Resolutions 19063 and 19064 concerning the General Election and Candidates, were presented; after which, it was moved by Hodges, seconded by Spurgin, and unanimously carried, that R19063 and 19064 be adopted. Resolution 19065, calling for special election to place the following ballot measure on the November 4, 1997 election, was presented: Shall the City Utility Tax on users of telephone services, electricity, gas and co- generated electricity be continued at a rate of 5% for two yeslcs, at which time it will be placed on the ballot for an advisory vote? Councilmember Spurgin stated she would oppose the action, as she did not like the language; that she knows how very badly the City needs the tax, and that if it fails, how deep in trouble it will be. It was moved by Barnes, seconded by Hodges, and carried, by the following vote, that Res 19065 be adopted: AYES: Barnes, Hodges & Oden NOES: Spurgin& Kleindienst ABSENT: None Resolution 19066, designating all members of the City Council and the Mayor as authorized to file ballot arguments, was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, that R19066 be adopted. 8. COUNCIL RULES OF PROCEDURE AMENDMENT Consideration of amendment to the Council Rules of Procedure to re-order the Council Comments, Announcement, Interagency Reports, and Reports and Requests, in order to (114- allow the public to fist address the Council. 009) Mayor requested that the opportunity for "connnents" also be reflected for other agencies, e.g., Conummity Redevelopment Agency, following "public comments" on rthose same agenda. Resolution 19067 establishing revised agenda order, include "cormnent" for each agency, ' was presented; after which, it was moved by Barnes, seconded by Oden, and unanimously carried, that R19067 be adopted. 9. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: City Manager responded to questions for clarification regarding Item 12, that there is enough Council Minutes 7-2-97, Page 8 budgeted under the "with utility tax" budget, and through program adjustment, be felt the shortage under the "without utility tax" budget could be achieved. Staff also indicated that the seed pods need to be removed, that most of the work will be done before November, and that the bidder has indicated a willingness to stand by the unit price for two years. Councilmember Oden requested a running tally of the cost of items as they are approved, which would be otherwise impacted by the "without utility tax" budget. Concerning item 13, the request was for specifics as to budgeted accounts, and the detail of equipment to be purchased. 10. MO 5985 authorize acceptance of federal grants related to the Airport's Noise Abatement (051- Program, Runway Extension and Relocation of Farrell Drive, upon granting by the FAA. 046) Kleirdienst abstained. 11. MO 5986 approving a one-year contract with Jerry Ogburn dba REDAC2 for continuation of (133- the Downtown Development Center and Uptown Association Center, as well as the inclusion of 005) Project Areas located along the Palm Canyon Drive-Indian Canyon Drive corridors, for 1997- 98, A3820. 12. MO 5987 awarding bid for palm tree trimming at various locations to Golden Bear Arborists, (136- Inc., on a unit price of $11.73 per tree for removal of seed pods, and $13.90 per tree for 032) removal of seed pods and fronds, for a project cost of $35,758.18. 13. MO _Cont'd to 7-16-97 approving participation in Calif. Multiple Award Schedule Program to (117- purchase desktop computers, peripherals, components, supplies and off-the-shelf software in 038) amounts not to exceed the funding approved by the City Council for said items in the approved 1997-98 budget. ' 14. MO 5988 awarding contract to Mojave Equipment Co., Inc., for $505,701.71 for construction of PM10 street improvements, Schedules A, B, C and D, CP95-05, A3821. (123- O11) 15. MO 5989 approving increase to Purchase Order 706476 by $12,000 to purchase additional (084- earthquake securing devices from Q Safety, to be installed at certain City facilities as part of the 015) Fire Department Interior Hazard Mitigation Program, for a revised total of $37,000. 16. Res 19068 establishing an appropriations limit for the 1997-98 fiscal year, in accordance with (061- Article XIIIB of the California Constitution. 022) 17. MO 5990 approving tort claim settlement agreement with Nina Crawford, for $30,000. (096- 005) 18. MO 5991 approving tort clain settlement agreement with Janes Robbins, for $85,000. (096- 005) 19. Res 19069, 19070 and 19071 approving Payroll Warrants (2) and Claims & Demands. (086- Spurgin abstained: ti922128; Hodges: 921951 015) 20. MO 5992 renewing contract with First Public Relations, London, to market Palm Springs in the United Kingdom at $50,000 for fiscal year 1997-98, A3822. (050- 004) It was moved by Spurgin, seconded by Hodges, and unanimously carried, that MO5985 through 5992 and Resolutions 19068 through 19071 be adopted; with abstentions as noted, and item 13 continued to July 16, 1997. ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councihnember Spurgin requested that the Albert Frey Tramway "gas station" building be on the next agenda to consider placing an issue on the ballot. Council Minutes 7-2-97, Page 9 b) Mayor stated that the Vista Chino Median is in need of maintenance; and requested that the redevelopment loan program be on the next agenda for re-evaluation. PUBLIC reports or requests a) John Booth reported that the sculpture for the Police Memorial has been completed in a rough state, and is now being refined. STAFF reports or requests a) City Manager to report meeting schedule at next meeting, conclusion being that the Council will be dark during most of August.. ADJOURNMENT There being no further business at 9:50 p.m., the Mayor declared the meeting adjourned to Joint Study Session with the Tribal Council on Thursday, July 10, 1997, at the Spa Hotel at 6 p.m. lk �— 7UDITH SUMICH City Clerk 1 1