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Home My WebLink About2001 - MINUTES - 12/12/2001 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 12, 2001 ' An Adjourned 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 12, 2001, 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 Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on December 7, 2001. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 3 of agenda this date. PRESENTATIONS: None. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: - No Business ' PUBLIC COMMENTS: The following persons spoke in favor of a Council appointment to fill an unexpired term for a Member of the City Council, term ending November 2003. Jim Stuart, Palm Springs 1s� Thomas Van Etten, 1379 Barrymore Lloyd Maryanov, 2060 LaMerced Rick Combs, 1245 Colony Way Gann Carter 2076 Sandalwood Drive Sol Sanfield, 210 Coyote Drive Ginny Foat, 1901 N. Nogales Bill Feingold, 393 S. Calle Jasmin Randolph Scott, 181 Paseo Florida Joseph Schreck, Jr., 3395 Camino Rojos Minna Maryanov, 2060 LaMerced Frank Wenxel, 775 E. Mel Avenue Pat Atkinson, 365 Club Circle Drive Percy Shiels, 4760 Winners Circle Jerry Gerardot, 65 Corona Drive Alissa Goforth, 175 S. Cahuilla 1 Mike McCullough, 5005 Cherry Hills Drive, stated that it sounds like the Council is deadlocked on the appointment issue and if consensus cannot be made, the alternative is election. Council Minutes 12-12-01, Page 2 Wendie Busig-Kohn, no address given, stated that petitions had been signed as one message of the voice of many; that the voices should be heard; and that it is hoped the Council does the right thing. Bruce Bushore, 3778 Escoba Drive, requested support of the alternative funding for the skate park and swim center project. Shelly Saunders, 2295 Tamarisk Road, concurred with Mr. Bushore's comments. Bobby Wallace, PO Box 354, requested a television for public viewing in the Large Conference Room and added that parents should be incarcerated for the conduct of their minor children. Art Garcia, no address given, announced the appointment of Councilmember Ron Oden as Chairman to the Riverside County Community Action Commission. 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: 1. MUNICIPAL CODE AMENDMENT — TRANSIENT OCCUPANCY TAX FOR SECOND READING &ADOPTION (Intro 12-5-01) City Clerk read Title of Ordinance 1603 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING 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 Reller-Spurgin, seconded by Oden and carried by the following vote that further reading be waived and Ordinance 1603 be adopted. AYES: Councilmembers Mills, Oden, Reller-Spurgin and Mayor Kleindienst NO: None ABSENT: None. A Council Minutes 12-12-01, Page 3 ' 2. VACANCY OF MEMBER OF CITY COUNCIL Consideration of City Council vacancy created by Councilmember Jim Jones' resignation. City Manager stated that the matter is for Council discussion and direction. Councilmember Oden stated that at the previous meeting a motion was made to appoint Ms. Hodges as the third place runner in the last election to the vacancy; that the motion did fail; that many phone calls had been received in support of Ms. Hodges; and that if other members of the Council have someone in mind other than those who ran at the last election, who is it. Mayor stated that there is no one person in mind, but that the Council should allow an open period to consider individuals in the Community. Councilmember Oden stated that it sounds like the Mayor is requesting an election; that if an extensive process is being recommended, then the matter should go to election. Councilmember Mills stated that personally he has no one in mind; that it has been said that Ms. Hodges is interested, but that Ms. Hodges has not said that to ' him; that it is appropriate to hear from those that are interested; that the process would not have to take long, but that it does need to be done. Councilmember Reller-Spurgin stated that she had called Ms. Hodges; that she is willing to accept the appointment; that many comments were made about the team issue of the Council; that she personally was not aware the Council was not functioning as a team; that there are times that Members of the Council do not agree, but that does not mean they are not a team; that to be a part of a team does not mean you have to control the team; that this issue does not have to be this way; that the issue has divided the people of the Community; that the appointment should have been seamless and completed last week; that the Council is projecting a picture of division and needs to show unity; that there are many good things that are happening in the City; that the past week should have been sufficient time for Councilmember Mills to consider the appointment; that it takes time to come up to speed as a Councilmember and that the appointment of Ms. Hodges eliminates that learning curve. Motion to appoint Ms Hodges to the unexpired term for Member of City Council was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and discussion continued. Councilmember Oden stated he was asked what if the appointment potential was not Ms. Hodges, but someone else who ran; that an inventory has to be made of this own ethics and stated that whomever was third in the race should be supported for the appointment; that the movement of the City is important; that there are issues to address; that the healing process needs to be promoted; and that as leaders the Council's job is to correct efforts. Council Minutes 12-12-01, Page 4 Councilmember Mills stated that it is not clear where the sentiment came from that he stated he does not want Ms. Hodges; that he stated some additional time was needed to review the consequences; that there may be others in the Community interested in serving the short term; that the Council should interview those interested; and that until those interested are interviewed, an appointment should not be made. Councilmember Reller-Spurgin questioned if the recent forums of which Ms. Hodges was a candidate left any questions that were not answered. Mayor stated that all the candidates were offered to the voters; that a change was made by the voters; that a cooling period of time is needed; that it is counterproductive to have this issue ongoing; that a healing needs to take place in the City; that the voters had made their statement and a change is requested. Councilmember Oden stated that taking time can work for you or against you; that there have been many that have come forward to support the appointment of Ms. Hodges; that, in fact, there were 300+ in the past election that did so; and that as leaders there are times an emergency decision must be made without alot of time; the Council does not choose the team; that individuals are elected to work together; that when Mr. Jones was elected he did not support him; that one is duty bound to support the voters wishes; that this issue is not about Ms. Hodges, but the opportunity to appoint the next highest voter getter from an election that was certified two weeks ago; that the vacancy occurred on the same e day the election results were certified; and that clearly Ms. Hodges is the Community's choice. Motion on the floor was taken and failed by the following vote. AYES: Councilmember Oden and Reller-Spurgin NO: Councilmember Mills and Mayor Kleindienst ABSENT: None Motion directing the City Clerk to prepare Resolutions calling a Special Municipal Election to be held April 9, 2002 to fill an unexpired member of the City Council vacancy was presented; after which, it was moved by Oden, seconded by Reller- Spurgin, and carried by the following vote that the Motion be adopted. AYES: Councilmembers Oden, Reller-Spurgin and Mayor Kleindienst NO: Councilmember Mills ABSENT: None Council Minutes 12-12-01, Page 5 ' ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests: None PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA . SANDERS City Clerk