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HomeMy WebLinkAbout2001 - MINUTES - 12/5/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES December 5, 2001 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 Tahquitz Canyon Way, on Wednesday, December 5, 2001, at 5:00 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 Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None Mayor Kleindienst read Jim Jones' letter of resignation from the Palm Springs City Council, effective 4:00 p.m., December 5, 2001. The meeting was opened with the Salute to the Flag by the Boy Scout Troop, and an invocation by Reverend David M. Pellitier- Metropolitan Community Church PRESENTATIONS: Parks and Recreation Commissioner Swearing in of Police Officers REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on November 30, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business APPOINTMENT OF MAYOR PRO TEM Motion to appoint Reller-Spurgin as Mayor pro tem was presented; after which, it was moved by Oden, seconded by Mills, and unanimously carried that the motion be adopted. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. 1 Council Minutes 12-05-01, Page 2 PUBLIC COMMENTS: n a) The following Palm Springs residents spoke in support of appointing Deyna Hodges to fill the vacancy on City Council, due to an unexpired term. Sharon Lock Jim Franklin Milton Flack Douglas Cultice Gann Carter Thomas Van Etten John Zink Greg Purdy Dick Haskamp Shel Wildes Casey Jones Harold Ball b) Juliana Mayer, resident, assault victim at the Mizell Senior Center, requested information regarding liability insurance; and that an audit at the center is needed. c) Betty Drummond, resident, stated that someone its plagiarizing the Hula a Show at the Mizell Senior Center. d) Bobby Wallace, P. O. Box 354, requested that the television monitor in the large conference room be mounted on the east wall; and stated that police protection is lacking in Palm Springs. e) Donald J. Wolfe, resident, stated the City Council) should reverse the decision to have the Biltmore Hotel demolished. f) Calvin Martin, resident, general contractor, stated that the rehabilitation of the Biltmore Hotel is a good project, and the landmark should not be lost. g) Russ Clark, plumber, stated that the plumbing at the Biltmore Hotel should be refurbished. h) Greg Pettis, Executive Director of the Palm Springs Youth Center, stated that Councilmember Jones donated his salary to the center; thanked him for his time and service; and expressed support for Deyna Hodges. i) Frank Tysen, 175 S. Cahuilla, congratulated Oden and Mills, and expressed support for Deyna Hodges. j) Joy Meredith, President of Main Street, stated that the Banner Program was a success, and asked that the banners be left up until after the holiday season. Council Minutes 12-05-01, Page 3 ' APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Mills, and unanimously carried, that Items 1 thru 15, excluding Item 14, be adopted. CONSENT AGENDA: 1. MO 6965 approving a purchase order to participate in the State of California cooperative purchase agreement with DuPont Flooring Systems, for the purchase and replacement of carpet in the Exhibit Hall of the Convention Center for$366,762. 2. Res 20225 approving the City's Investment Policy governing the investment of City funds. 3. MO 6966 approving an agreement with DMG Maximus to file claims on behalf of the City with the State of California for mandated cost reimbursement, for a flat fee of$7,600. A4427. 4. MO 6967 approving Change Order No. 2 to A4375 with Commercial Diversified, Inc., for fire damage at the Palm Canyon Theatre for $3,123.39. Total contract amount$287,490.39. CP00-20. ' 5. MO 6968 approving an agreement with Doug Wail Construction, Inc., for Palm Springs Police Department Firing Range Storage/Maintenance Addition, Bid Schedule A, for$74,490. CP01-10. A4428. 6. MO 6969 approving an agreement with Caltrans for the design phase of the Indian Canyon Drive/1-10 Interchange Project, CP00-14. A4429. 7. MO 6970 approving a purchase order with Crown Printers, San Bernardino, for the reprinting of 5000 copies of PALM SPRINGS FIRST HUNDRED YEARS, for $86,480. 8. MO 6971 approving Letter of Agreement to MOU with the Palm Springs Police Officers Association ("PSPOA") for enhanced military leave benefits in support of the recent Declaration of War on Terrorism. 9. MO 6972 approving Letter of Agreement to MOU with the Palm Springs Police Management Association ("PSPMA") for enhanced military leave benefits in support of the recent Declaration of War on Terrorism. 10. MO 6973 approving Letter of Agreement to MOU with the Palm Springs Fire Safety Unit ("PSFSU") for enhanced military leave benefits in support of the recent Declaration of War on Terrorism. ' 11, MO 6974 approving Letter of Agreement to MOU with the Palm Springs Fire Management Association ("PSFMA") for enhanced military leave benefits in support of the recent Declaration of War on Terrorism. Council Minutes 12-05-01, Page 12. MO 6975 approving Letter of Agreement to MOU with the California League of City Employee Associations ("CLOCEA") for enhanced military leave benefits in support of the recent Declaration of War on Terrorism. 13. MO 6976 approving Letter of Agreement to MOU with the Management Association of Palm springs ("MAPS") for enhanced Military leave benefits in support of the recent Declaration of War on Terrorism. 14. Res ----- approving Encroachment License with Desert Shadows 3 LP, for construction of bridge columns and a private pedestrian bridge spanning Indian Canyon Drive, north of Stevens Road, R3 C-1 Zone, Sections 10 and 11. A-----. Withdrawn. 15. Res 20226, 20227, 20228, and 20229 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 970471 Spurgin Spouse 970851 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY' REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 16. MUNICIPAL CODE AMENDMENT—AIRPORT MEETERS AND GREETERS That the Council amend Section 11.34.110 of the Palm Springs Municipal Code regarding Airport Fee Regulations for Meeters and Greeters. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.34.110 OF THE PALM SPRINGS MUNICIPAL CODE, REMOVING REFERENCES TO "NO-FEE PERMITS" REGARDING AIRPORT FEE REGULATIONS FOR MEETERS AND GREETERS. after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried that further reading be waived and the Ordinance be introduced for first reading. Council Minutes 12-05-01, Page 5 ' 17. MUNICIPAL CODE AMENDMENT—TRANSIENT OCCUPANCY TAX That the Council add Section 3.24.037 (a) to the Palm Springs Municipal Code regarding Transient Occupancy Tax to impose an additional 1.7 percent for group meeting hotels and an additional 1.5 percent for all other hotels. Councilmember Reller-Spurgin stated there have been inquiries regarding the TOT issue; that some are concerned that the occupancy will decrease due to the increase in the TOT; that some are asking what the funds will be used for; and would like the funds set in a separate account for expansion of the Convention Center. City Manager stated a workshop will be scheduled to discuss this issue. Mayor stated the increase to the TOT will be general fund dollars. Assistant City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 3.24.037 (a) TO THE PALM SPRINGS MUNICIPAL CODE TO IMPOSE AN ADDITIONAL ONE AND SEVEN TENTHS PERCENT (1.7%) TRANSIENT OCCUPANCY TAX FOR GROUP MEETING HOTELS AND AN ADDITIONAL ONE AND FIVE TENTHS PERCENT (1.5%) FOR ALL OTHER ' HOTELS ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 36937 (d). after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that further reading be waived and the Ordinance be introduced for first reading. 18. ZONING ORDINANCE FOR SECOND READING &ADOPTION (Intro 11-07-01) Assistant City Clerk read Title of Ordinance 1602 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING ORDINANCE IN REGARD TO FLOOD HAZARD REDUCTION STANDARDS after which; it was moved by Mills, seconded by Reller-Spurgin, and unanimously carried that further reading be waived and Ordinance 1602 be adopted. Council Minutes 12-05-01, Page 6 19. PARKING STRUCTURE FINANCING e Recommendation: That the Council adopt a Resolution of Intention to reimburse expenditures for the downtown parking structure financing from the proceeds of Tax Exempt Obligations in an amount not to exceed $7 million; and amend the 2001-02 Budget for $691,000 to advance funds to the; Parking Fund for the initial costs of the project. Director of Finance & Treasurer reviewed the staff report; no further report was given. Resolutions 20230 and 20231 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried that R20230 and R20231 be adopted. 20. PARKING STRUCTURE ENGINEERING SERVICES Recommendation: That the Council approve an agreement with Sanborn A/E, Inc., for professional site surveying services, including the preparation of a topographic survey and a geotechnical engineering report, located on the west side of the 200 South Indian Canyon Drive block for$12,800. A4430. Director of Downtown Development reviewed the staff report; no further report was given. Resolution 20232 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that R20232 be adopted. 21. CAMINO REAL RIGHT-OF-WAY VACATION Recommendation: That the Council adopt a Resolution of Intention to vacate a portion of the right-of-way dedicated for the public street named Camino Real, T4S, R4E, Section 23 and set January 2, 2002, as the date of hearing. R-01- 028. Director of Public Works/City Engineer reviewed the staff report; no further report was given. Resolution 20233 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R20233 be adopted. Council Minutes 12-05-01, Page 7 ' 22. ADDITIONAL LEGISLATIVE ITEMS: Consideration of naming the Palm Springs International Airport Concourse the Sonny Bono Concourse. Assistant City Manager-Special Projects reviewed the preferences of the Airport Commission regarding the naming of the concourse. The Commission feels that the name of the airport should never be changed; suggested developing a process for naming the concourses, and possibly the roadway and the Feld; that there are two concourses now, the tent structure and the old concourse; and it would be the tent concourse that would be named. Mayor questioned the definition of concourse vs. the entire airport terminal. Assistant City Manager-Special Projects stated we have two concourses at the Airport, the newer tent structure and the original one, and they are included in the overall airport terminal. Mayor stated great interest in naming the tent structure concourse after Sonny Bono because of his vision for the airport and the legacy he worked so hard to build; that he would like to do the naming ceremony during the Film Festival. ' Councilmember Reller-Spurgin stated that the word "memorial" should not be included in the name; that it should be just"Sonny Bono Concourse". Councilmember Mills stated that he would like to get some input from the Airport Commission on further naming opportunities. Councilmember Reller-Spurgin stated the importance of establishing a policy for naming any part of the Airport in the future. It was moved by Kleindienst, seconded by Reller-Spurgin, and unanimously carried, that the tent concourse at the Palm Springs International Airport be named "Sonny Bono Concourse". AS1: ADDED STARTERS: Motion to add the item for consideration due to the need arising subsequent to the posting of the agenda was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that the item be added for consideration. City Council Vacancy Created by Councilmember Jim Jones' Resignation City Attorney reviewed the memo regarding the options available to Council ' regarding filling the vacancy as a result of the resignation of Councilmember Jones. In addition, City Attorney stated that it is not possible for Mr. Jones to withdraw his resignation at this point, as the resignation became effective when filed in the Office of the City Clerk; that the Council has the right to either fill an unexpired term vacancy by appointment or by special election; that if Council fails to fill a vacancy by appointment within forty-five days after the office has Council Minutes 12-05-01, Page 8 become vacant, the Council shall call a special election; that the Council may make an interim appointment to fill the vacancy until the date of the special election; that the election must be within 45 days of the creation of the vacang; that the established dates available for a special election in 2002 are March 5` , April 91", and November 5, 2002; that the deadline for the March 5, 2002 election date has passed; that the April 9, 2002 date is possible, however, a resolution calling the election would have to be prepared and on the agenda for the next meeting. Mayor clarified with City Attorney that there is no official action to be taken by the Council to accept Mr. Jones' letter of resignation. Mayor questioned if the Council has the ability to allow the vacancy to remain vacant until the next regularly scheduled election. City Attorney stated that the Council may not let it remain vacant; once the 45 day period is reached, the Council is required to call a special election. Councilmember Reller-Spurgin stated we just had an election, and another one is not necessary. Mayor stated his agreement with Councilmember Reller-Spurgin; and would not support another election. Councilmember Oden stated that he came onto the Council by way of appointment, and that the Council has established somewhat of a precedent with previous appointments to vacancies; that the community has already told the Council what should happen; that Deyna Hodges should be appointed to the seat; that if Deyna was on the Council, there would be no down time, and the Council could move forward; that he would not support an appointment of anyone outside of the last electorate; that if someone was not willing to run, no matter how qualified, they should have put their ideas out there; to be tested; that there is a difference between management and leadership, managers do things right, and leaders do the right thing; and that the Council is elected to be leaders and the right thing is to appoint the next highest vote getter into this position and that would be Deyna Hodges. Councilmember Reller-Spurgin stated that this is a non-issue; that Deyna Hodges is the right choice; that the Council can appoint her and then it would be business as usual; and that it is the right thing to do. Councilmember Mills stated that Deyna Hodges made excellent contributions to the City; that he did not always agree with her, but respected her opinions; that he has never been a fan of the third vote getter, because the people voted for two; that the Council needs to look at what was being said at the last election; the City is looking to move forward and looking for a change; that there are people out there that have experience, and to make a decision at this time is a little quick and requires a little more study; that Deyna Hodges may be the right person, but would like the opportunity to think this one through; that he looks at things a little differently than others on the Council; and that he is in favor of an appointment, not an election. Council Minutes 12-05-01, Page 9 ' Mayor stated agreement with Councilmember Mills; that there is no need to move forward at this time, that the Council has time to consider an appointment; that this is an opportunity to build a team; and that he would not support another election. Councilmember Oden questioned what happens if the Council goes 45 days without an appointment. City Attorney stated, by law, a special election would have to be called. Councilmember Oden stated that he can appreciate the desire for time, but to delay for an unknown entity vs. a known entity would be doing a disservice to the community; and it is potentially unethical to appoint someone who was not in the last electorate; that the people of the community sent a message to the Council, and that the more we delay, the more havoc it will cause in the community. Councilmember Mills stated that there were people who are involved in this City from a political viewpoint that didn't run because they didn't want to deal with the campaign process; that some did not run to make sure: the vote was not split, and that doesn't mean that they would not have come in third; that these people saw the big picture of the City and where it is headed; that someone should not be appointed solely because they ran in the last election. ' Councilmember Oden stated that anyone who did not want to go through the process does not deserve to be appointed; that the people who avoided the struggle do not have the right to be appointed; and that this is a democracy, and if it does not work on the local level, it does not work anywhere. Councilmember Mills stated that it is important to note that there have been council members that did not go through the process that were appointed and were excellent council members. Motion on the floor was taken and failed by the following vote: AYES: Councilmembers Oden and Reller-Spurgin NO: Councilmember Mills and Mayor Kleindienst ABSENT: None Council consensus to continue the matter to December 12, 2001. DEPARTMENTAL Reports and Requests: 23. 2000-01 Development Project Fee Report— Received and Filed. 1 Council Minutes 12-05-01, Page 10 CITY COUNCIL reports or requests ' 24. a) Council Appointees/Liaisons Confirmation Animal Shelter Subcommittee- Oden CVAG Exec. Committee—Kleindienst, and Alternate - Reller-Spurgin CV Multiple Species Habitat- Mills PSDRCVA Exec. Board Alternate— Reller-Spurgin City Liaison to CV Mt. Conservancy Board Liaison - Mills RCTC Board Alternate— Mills PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the m pting,adjourned. PATRICIA A. SANDERS , City Clerk 4BARBAJ. WHITE Assistant City Clerk