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HomeMy WebLinkAbout2002 - MINUTES - 7/10/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JULY 10, 2002 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, July 10, 2002, 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 in the Large Conference Room. ROLL CALL: Present: Councilmembers Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and a Moment of Silence REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on July 5, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: None HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: James Hamlin, Palm Springs, requested restructure of booth space cost at Villagefest, to have products on display. David Justin Lynch, Palm Springs, re: Item #3, supports Charter Amendment to change vacancy appointment procedures; Item #4, suggests commission of citizens for recommendations re: duties and responsibilities of members of City Council and the Mayor; Item #5, recommends Proclamations be issued by City Council members with input by all; Item #6, recommends more definitive criteria for service on boards and commissions. APPROVAL OF CONSENT AGENDA: It was moved by Reller-Spurgin, seconded by Oden, and unanimously carried, that Items 1 thru 2, Hodges abstaining on Minutes of June 26 and Kleindienst and Mills abstaining on Minutes of June 19, be adopted. Review by City Manager of Consent Items to be clarified. 1. Minutes of June 19 & 26, 2002. 2. MO 7121 approving Change Order 1 to A4515 with Coan Construction for site concrete for the Downtown Parking Structure $179,000. Total contract $2,203,990. Council Minutes 07-10-02, Page 2 EXTENDED CONSENT AGENDA: None PUBLIC HEARINGS: None r 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: 3. CHARTER AMENDMENT - COUNCIL VACANCY On July 3, 2002 Council directed this matter be heard to consider a possible Charter Amendment concerning procedures for appointment to a Council Vacancy or Call for Special Election. City Attorney reviewed memorandum and gave background on requirements and timeline to Call for Special Election. Councilmember Hodges stated that what happened in December 2001 caused much turmoil; that it is reasonable to put the issue of appointment to a City Council vacancy on the ballot as a Charter Amendment; and that this issue would be solved by letting the people decide. Councilmember Oden stated that eight Councilmembers have resigned in the ' history of the City; that there is no need for the community to go through the turmoil of the last election; and that unless the vacancy occurs more than 90 days after the election, the 3rd highest vote getter should be appointed to the vacancy. Councilmember Hodges stated that 90 days is an appropriate period of time, whether it be 90 days before the election or 90 days after; that if it is beyond 90 days after the election, the Council either makes an appointment, or puts it to a special election; and that it is only a specific period of time being considered. Councilmember Mills stated that there should be a minimum requirement of a percentage of votes for that 3rd candidate to be appointed; and that with the automatic 3rd vote getter process in place, the timing of the resignation could manipulate who fills the vacancy. Councilmember Hodges stated than if the Charter was amended, the voters would know the policy; and that the 3rd highest vote getter would be appointed after a resignation within the 90-day period. Mayor stated that the system has not failed; it has worked in the past; that when a vacancy occurred, and an appointment was not made, an election was called; and that there is no way of knowing if the 3rd highest vote getter would be the community's selection. ' Councilmember Reller-Spurgin stated that because of the situation in December, this has become a personal issue; that Councilmember Hodges was nominated due to experience; that the transition would have been seamless; that with a narrow field, the comfort level may not be there to support the automatic 3rd Council Minutes 07-10-02, Page 3 person for appointment, but that the issue will be given to the community to make the decision. City Attorney confirmed that this amendment would only apply to vacant Councilmember seats; that the amendment only applies to the 90-day period before and after an election; and that a resignation of a mayor, mid-term, would be filled with the current policy of the Charter. Councilmember Hodges stated this Charter Amendment should be on the November ballot and settled in 2002. City Clerk stated that there is no Palm Springs election in November; this would be a Special Call; and that the resolution calling for special election would have to be on the August 7th agenda, as the last date for putting an item on the ballot is August 9th. Councilmember Mills questioned the cost of a special election. Councilmember Hodges stated if council is concerned about the cost, she will raise the money. Councilmember Oden concurred. Councilmembers Hodges and Oden appointed subcommittee to draft language for City Attorney to finalize for ballot measure. It was moved by Hodges, seconded by Oden, that a Charter Amendment regarding appointment to a Council Vacancy be placed on the November 5, 2002 ballot, and carried by the following vote: Ayes: Hodges, Oden, and Reller-Spurgin No: Kleindienst and Mills Absent: None 4. DUTIES/RESPONSIBILITIES OF MAYOR AND MEMBERS OF THE CITY COUNCIL Recommendation: That the Council consider delineation of duties and responsibilities of the Members of the City Council and the Mayor. Mayor turned the discussion over to the Councilmember who requested this item be placed on the agenda. Councilmember Oden stated that the specifics of Items 4, 5 and 6 could be discussed at the same time. Mayor stated that Items 4, 5 and 6 would be blended for discussion. ' 5. PROCLAMATIONS Recommendation: That the Council consider current procedures and possible alternatives in issuing of Proclamations on behalf of the City. Council Minutes 07-10-02, Page 4 Councilmember Oden stated that the Mayor has the responsibility for proclamations; that there could be Council proclamations as an alternative, with or without signatures; and that there could also be commendations, in addition to proclamations, differentiating between a commendation for a person or group, and proclamations for dates and events. Mayor stated that requests for proclamations are massive, that currently the proclamation guidance rules and procedures rest in the mayor's office; that guidelines from the Council would be appreciated, taking into consideration the time necessary to respond to requests; and that Council has the ability to issue commendations on their own. Councilmember Hodges stated that, guidelines should be in place for the issuance of proclamations or commendations. Councilmember Oden stated that the goal of certificates, commendations, and resolutions is really designed to reduce the number of proclamations, and make them more appropriate for the specific situation. Councilmember Mills stated the intent is for two types of proclamations, one for the Mayor to sign, and one for the Council as a whole. City Attorney stated involving all members will involve the Brown Act regulations. Councilmember Reller-Spurgin stated' one instance caused controversy of the Council; that there are no overall problems with the process; that individual commendations or proclamations are not necessary; that the Mayor is the representative of the council, and it is under his signature that proclamations should be signed. Mayor stated that occasionally there are requests for proclamations that raise issues; that if there were action by Council to approve the issuance, his office would follow through, but that currently there are no guidelines regarding issuance of proclamations. Councilmember Oden stated this issue is broader; that it is the Mayor's prerogative to make the decision on proclamations; but that other documents, such as commendations and resolutions, should be given by Council. Mayor questioned what would determine when it would be a proclamation, commendation, or resolution that would be given to individuals, groups, or events. Councilmember Hodges stated that there should be some definite guidelines set in place regarding Mayor's proclamations, City Council proclamations, and whatever next level of commendation would require; that the various documents would be issued if the criteria for each!was met; and that a sub-committee could give some direction on what the guidelines would be. Councilmembers Hodges and Odeh on sub-committee to bring forward guidelines for Council action. Council Minutes 07-10-02, Page 5 6, BOARD AND COMMISSION APPOINTMENTS Recommendation: That the Council review current procedures in the consideration and appointment of the City's Board Members and Commissioners. Mayor stated that the current nomination process for Board and Commission appointments should be kept in place; and that if the council did the interviews publicly and televised, the process would be fully public and all five members could participate and vote on all nominations. Councilmember Hodges stated that the gap in the process is that the Mayor makes the nominations and the council ratifies them, versus the council making the nominations; and that possibly each councilmember could nominate one person to each board or commission and then the nomination could be ratified by the whole council. City Attorney stated that there are complications involved with a change to individual councilmember nominations, such as staggered terms and expiration dates, the amount of people on a board or commission, and possible rotation of nominating councilmembers; and that spreading out power to nominate does not necessarily cure the problem. Councilmember Reller-Spurgin stated that with the current interview process, a lot of time is spent interviewing and then the decision is actually made by the Mayor; that there is not always agreement, and if that is the case, then why should hours be spent interviewing. Councilmember Hodges stated that if each councilmember had an individual nominee, there would be better diversification on the boards, as there would be at least one person representing each councilmembers thoughts and ideas; and that public interviews and then voting on the applicants at a city council meeting would be very uncomfortable for the applicants and the councilmembers alike. Councilmember Oden stated that public televised interviews would be challenging for the public, as some people are not comfortable in front of a camera; that his preference would be to have the interviews with the chair of the commission, the sub-committee member and the Mayor, just as it was in the past; that the shortlist should be eliminated and everyone who applies should get interviewed; and that there should be a way to divide the nomination process between councilmembers with final ratification at a council meeting. Councilmember Mills stated that the chairperson lends a very important aspect to the decisions being made, as they have the experience of some time on the board or commission, and know what is required; and that the chairperson should have a vote. Councilmember Oden stated that the expertise the chair brings to the table is invaluable, however, the councilmember may bring a broader base of ideas of what the particular board or commission needs. Mayor suggested that the application form be changed to eliminate the personal reference section; Councilmember Hodges concurred. Council Minutes 07-10-02, Page 6 Councilmember Oden stated that the focus should be on the skill set that is ' needed. Councilmembers Hodges and Oden will serve as sub-committee to draft a new policy on the nomination process. City Attorney stated that changing the nomination process will require a Charter Amendment; that resolutions will have to be prepared by the City Clerk to call a special election; and that a review of the draft by legal staff and City Clerk will be required for final version to be put on the ballot. 7. AUGUST RECESS Recommendation: That the Council consider adjournment of upcoming meetings for the month of August 2002. Councilmember Hodges stated that due to the current workload and the actions needed for the parking structure, there should be no problem moving ahead and having the regular meetings in August. Councilmember Oden stated he is ready to work and will attend the meetings in August. Councilmember Reller-Spurgin stated she will attend the meetings in August. Mayor stated that he will be on vacation for two weeks in August, but there will still be a quorum for the meetings to go forth. City Manager questioned if this also includes the Study Sessions. Councilmember Mills stated his schedule is not set for August; that staff had anticipated August being dark; and questioned City Manager for his comments regarding going dark in August. City Manager stated staff is prepared to meet in August, including Study Sessions. Mayor stated there will be a quorum of the City Council in town during August, and therefore, the regular meetings will be scheduled. 8. CITY HALL LOBBY DISPLAY Recommendation: That the Council consider placement of photos of the Agua Caliente Band of Cahuilla Indians Tribal Council and/or other Officials in the lobby of City HaN. Councilmember Hodges stated that the City of Palm Springs sits on Indian reservation; that we work as partners and it would be appropriate to have a picture of the Agua Caliente Band of Cahuilla Indians Tribal Council in the lobby. Councilmember Mills questioned if it would also include the history of how and why we work together. Councilmember Hodges stated that could be considered. Council Minutes 07-10-02, Page 7 Councilmember Mills stated it might be prudent to ask them if they want a picture ' in the lobby. It was moved by Hodges, seconded by Oden, and carried unanimously, to request if the Tribal Council would like a group photo placed in the lobby of City Hall. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: AS1. SUNSET HACIENDA It was moved by Oden, seconded by Hodges, and carried unanimously, to add Item AS1, Sunset Hacienda, to the agenda. Director of Community & Economic Development reviewed the staff report, and stated that approval of the grant deeds transferring title of the land from the City to the Community Redevelopment Agency, will allow the project to move forward. Resolution 20389 as recommended was presented; after which, it was moved by Hodges, seconded by Mills, and unanimously carried, that R20354 be adopted. PUBLIC reports or requests: None STAFF reports or requests: None ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. 6RBtA�4E Assistant City Clerk C;2&-4� �e w— PATRICIA A. SANDERS City Clerk