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HomeMy WebLinkAbout2002 - MINUTES - 8/7/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES AUGUST 7, 2002 ' 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, August 7, 2002, 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 Hodges, Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Councilmember Oden. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on August 2, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATIONS: California Highway Patrol to Palm Springs Officer Gustavo Araiza HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING ' AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: No Business PUBLIC COMMENTS: None APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Reller-Spurgin, and unanimously carried, that Items 1 thru 6 be adopted. Review by City Manager of Consent Items to be clarified. 1. Res 20432 supporting passage of Measure A, the Countywide half-cent tax for local transportation project on the November 2002 ballot. 2. MO 7135 approving purchase order with Motorola 800 MHz Radio System for an additional one-year period fiscal year 2002-03 for $75,002. 3. MO 7136 approving contract with Granite Construction for Bid Schedule A through D for the Citywide ARHM Overlay Project for $176,176.17. CP02-01. A4544. 4, Res 20433 approving Final Map 29988 with Mainiero, Smith & Associates representing Desert Shadows III LLP, to subdivide property located at 1508 ' North Palm Canyon Drive, Section 10, T4S, R4E. A4545. Mills Abstain. 5. MO 7137 approving agreement with HUD for Fiscal Year 2002-03 CDBG Program in the amount of $625,000. A4546. Council Minutes 08-07-02, Page 2 6. Res 20434, 20435 and 20436 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Mills 978427 Tenet Business Related 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: 7. DOWNTOWN PARKING STRUCTURE — SHADE STRUCTURE ' Recommendation: That the Council approve a purchase order with Birdair for sixteen (16) Birdair Boulevard BSS48 Teflon-coated fiberglass membrane shade structure units at a cost of $123,054. A project status report and budget update will be presented at this time. Executive Director — Airports reviewed the staff report and added that if at the end of the project there are funds remaining, additional allocation could be made to enlarge the shade structure; that the product does carry a 20-year guarantee and that bidding did include the right to purchase additional coverings at the proposed bid`price. Minute Order 7138 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that M07138 be adopted. 8. 2002 SPECIAL MUNICIPAL ELECTION Recommendation: That the Council call a Special Municipal Election to be consolidated with the General State Election to be held on Tuesday, November 5, 2002 to place four Charter Amendments concerning Council vacancies, Board & Commission appointments, Parking and Term Limits; and two measures concerning the Utility User Tax and Transient Occupancy Tax on the ballot; and ' consider authorization of certain of its members to file written arguments regarding each measure. City Clerk reviewed the staff report and added resolutions designating authors for arguments for each measure. Council Minutes 08-07-02, Page 3 City Attorney reviewed each resolution as recommended; and added that the initiative for the Transient Occupancy Tax does include funding for parks, entertainment, public arts; but that general or safety services can not be funded from the tax. Councilmember Reller-Spurgin stated the public should know that this is not a tax on the resident, but one that is paid when a hotel room is rented. Councilmember Mills stated if the measure includes what funds can be spent on, then prohibited funds should likewise be listed. City Attorney stated the question must be impartial and not influence the vote and for that reason care was given not to express any negatives in the ballot question. Councilmember Hodges questioned :if the funding currently pledged to the Convention Center would be eliminated under the measure. City Attorney stated contracts that are currently in place would be required to be honored under the Constitution; that the question is whether the amount is identified as a pledge or if the funding is an equilivant. Councilmember Hodges questioned the allocation for the percentage to the ' CVA. City Attorney stated that there is a question on that issue; that if the amount is paid from the general fund, is it actually offset by TOT; and that another question would be whether the CVA is considered to be for local tourism. Mayor stated that the larger hotel would agree that the CVA does in fact encourage local tourism; that if the funding can not be found, the CVA would require a one year notice for withdrawal; and the year must be paid with no benefit to the City. City Attorney stated in each measure there is the opportunity for certain or all members of the Council to be designated as the primary authors for arguments. Councilmember Mills stated that although the City Attorney is advising not to use negative ballot questions, the question does need to include clear information to the voters that public safety expenses are prohibited. Councilmember Reller-Spurgin stated that it is important for the voter to know that it is the user of the hotel rooms that will be paying the tax, not the resident; that even though the residents do not pay the tax, the outcome is that they will be affected with the results and the impact on the quality of life in the City. Councilmember Hodges stated that the question should be impartial; that it is not ' the job of the Council to word the ballot question in such a way that the question is slanted. Council Minutes 08-07-02, Page 4 ' Councilmember Oden stated that the position of the Council should be to get the information out to the residents; that there is a need to understand what is being proposed; that while careful thought should be given to the ballot question, the City does not want to end up in a legal battle over whether the question was slanted or not; that the City Attorney has reviewed the question; that the question wording is recommended and that support should be given to the recommendation. Mayor questioned the last sentence of the ballot question. City Attorney stated when examining the question, it was determined that the measure is to encourage local tourism; that it also includes provisions for parks, entertainment, and public arts; that one may not think of those categories, thus the wording was inclusive of the issues; that in the future the funds that the City now designate, may be shifted to cover other areas; and that foremost the ballot question was balanced to indicate impartiality. Mayor stated that what is excluded should also be indicated if the question is going to designate what is included. Councilmember Oden recommended deletion of the last sentence of the recommended wording of the ballot question. ' Councilmember Mills stated that if the wording was removed, it might be that someone could accuse the City of not putting in all the facts that are pertinent to the measure. City Attorney stated that it would be better to delete the wording rather than add to the question. Consensus of Council for all members to be designated as primary authors for arguments against the measures. Resolution 20437 as revised and Resolution 20438 designating authors were presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20437 and 20438 be adopted. City Attorney reviewed proposed ballot wording for term limits and parking measures. Councilmember Hodges stated the question regarding term limits should include the words term limits also. Members of the Council concurred. ' City Attorney reviewed proposed ballot wording regarding the parking measure and added that the initiative did include regulations regarding valet parking; that upon review of the measure it was determined that there were no basic changes in how or when valet services operate and therefore no reference was included in the ballot question. Council Minutes 08-07-02, Page 5 Consensus of Council for all members to be designated as primary authors for ' arguments against the measures. Resolutions 20439 as revised and Resolution 20440 designating authors were presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that R20439 and 20440 be adopted. City Attorney reviewed proposed ballot wording regarding appointments to Boards and Commissions and stated that the arguments could be designated with certain members for and certain members against the measure. Resolution 20441 as recommended was presented; after which, it was moved by Oden, seconded by Hodges and carried by the following vote that R20441 be adopted. AYES: Members Hodges, Oden and Reller-Spurgin NO: Member Mills and Mayor Kleindienst ABSENT: None Resolution 20442 designating three members to be designated as primary authors for arguments in favor (Hodges, Oden and Reller-Spurgin) and two members to be designated as primary authors against (Mills and Kleindienst) the measures was presented; after which, it was moved by Hodges, seconded by ' Oden and unanimously carried, that R20442 be adopted. City Attorney reviewed proposed ballot wording regarding council vacancies being filled by using past election results within a 90-day time frame and stated that the wording was phrased so that it is the highest vote getter of those that lost an election that would be appointed to a council vacancy 90 days before or after an election; that there were questions regarding when an election could be consolidated with another date; that there is a window. Councilmember Hodges stated that the wording is confusing and recommended language "Shall the City Charter be amended so that if a vacancy occurs on the City Council 90 days before or after a City Council election, the City Council must appoint the next highest vote getter in that election to the open seat'. Councilmember Oden stated the proposed wording of immediately after the election is vague and should be clarified. City Attorney clarified that the ballot questions are not the legal text of the measure, but rather an impartial question for the ballot. Councilmember Hodges stated that not all the voters read the text of a measure and that the vote cast is based on the ballot question read in the voting booth. Council consensus to amend the question to read "Shall the City Charter be ' amended so that after a City Council election is called by the Council or within 90 days after the City Council election, the City Council must appoint the next highest voter getter to that open seat." Council Minutes 08-07-02, Page 6 Resolution 20443 as revised was presented; after which, it was moved by Hodges, seconded by Oden and carried by the following vote that R20443 be adopted. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NO: Mayor Kleindienst ABSENT: None Resolution 20444 designating two members to be designated as primary authors for arguments in favor (Hodges and Oden) and two members to be designated as primary authors against (Mills and Kleindienst) the measures was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried, that R20444 be adopted. 9. ORDINANCES FOR SECOND READING & ADOPTION (Intro 7-31-02) City Clerk read Title of Ordinance 1616 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 5.20.060, 5.20.090, 5.20.100, 5.20.110, 5.20.120, 5.20.130, 5.20.140, 5.20.150 AND 5.20.160 AND AMENDING SECTIONS 5.20.010, 5.20.020, 5.20.030, 5.20.040, 5.20.050, 5.20.070, ' 5.20.080 OF THE PALM SPRINGS MUNICIPAL CODE, REGULATING LITTERING after which, it was moved by Oden; seconded by Reller-Spurgin and unanimously carried that further reading be waived and Ordinance 1616 be adopted. City Clerk read Title of Ordinance 1617 as follows: AN ORDINANCE OF THE CITY COUNCIL OF`THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.16.010 — CLAIMS FOR MONEY OR DAMAGES AND ADDING NEW SECTIONS 3.16.015 AND 3.16.018 AND AMENDING SECTION 3.24.150, 3.28.150 AND 3.32.210 OF THE PALM SPRINGS MUNICIPAL CODE after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that further reading be waived and Ordinance 1617 be adopted. 10. TENNIS CENTER LEASE Recommendation: That the Council approve leasing the northern undeveloped portion of the Palm Springs Tennis Center to the Palm Springs Tennis Club ' Owners Association for a period of 8 years and 3 months for $150.00 per year for property located at 1300 East Baristo Road. A-----. City Manager withdrew the item. Council Minutes 08-07-02, Page 7 11. OPTION AGREEMENT 9.52 ACRES, SUITT & BLOCK ' Recommendation: That the Council approve an Option Agreement with Noah Thomas Suitt, Jacqueline Suitt, Arthur Block and Kathleen Block for property located at the southeast corner of Amado Road and Avenida Caballeros to provide for the expansion of the Convention Center, Good Faith Deposit by City for $35,000, term of six months with options, in a form approved by the City Attorney. A-----. City Manager withdrew the item. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests a) Councilmember Oden requested a status of businesses in the Uptown area and of the First Friday Program. PUBLIC reports or requests ' STAFF reports or requests ADJOURNMENT: There being no further busine Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk