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HomeMy WebLinkAbout2/5/2003 - STAFF REPORTS (3) CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 2, 2003 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, January 3, 2003, 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 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 December 27, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 6 of agenda this date. PRESENTATIONS: Child Safety Seat Buckle-Up HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY- No Business The following is a combined minute entry for the Financing Authority and the City Council. FINANCING AUTHORITY CITY COUNCIL PUBLIC COMMENTS: None LEGISLATIVE ITEMS: FA1. CONVENTION CENTER EXPANSION BOND ISSUE Recommendation: That the Financing Authority and-the Council approve a resolution declaring its intent to reimburse expenditures from the proceeds of the Convention Center Expansion tax exempt bond issue. Director of Finance & Treasurer reviewed the staff report in detail, no further report was given. Resolution FA 26 and Resolution 20519 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that FA26 and R20519 be adopted. 1 Council Minutes 01-02-03, Page 2 FA2. SERIES 1992 AIRPORT REVENUE BONDS Recommendation: That the Financing Authority and the Council approve a resolution declaring its intent to reimburse expenditures from the proceeds of the refinancing of the 1992 Airport Revenue Bonds. Director of Finance & Treasurer reviewed the staff report and in answer to questions by Council stated that there is an advantage in refinancing to eliminate the rate covenant. Resolution FA 27 and Resolution 20520 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that FA27 and R20520 be adopted. Adjourn for the purposes of meeting as the Community Redevelopment Agency and City Council. The following is,a combined minute entry for the Community Redevelopment Agency and the City Council. COMMUNITY REDEVELOPMENT AGENCY: CITY COUNCIL PUBLIC COMMENTS: None LEGISLATIVE ITEM: A. SALE OF PARCEL S Recommendation: That the City approve the sale of property known as Parcel S APN 669-500-026; located west of Sunrise Way and north of San Rafael for $50,000; and that the Community Redevelopment Agency accept same. A4616. Director of Economic & Community Development reviewed the staff report and added that an agreement with Coachella Valley Housing Coalition for the remaining property would be forthcoming at a later date. Resolution 20521 and Resolution 1206 as recommended were presented; after which, it was moved by Oden, seconded by Mills and unanimously carried, that R20521 and 1206 be adopted. Adjourn as the Community Redevelopment Agency; convene as the City Council. CITY COUNCIL PUBLIC COMMENTS: Ruth Frazee, Palm Springs, requested enforcement review of Billboards on Hwy 111. Lewis Porter, Palm Springs Adult School, expressed appreciation for the liberty to teach TV production through the City and added that the program is now cancelled by the School District. Council Minutes 01-02-03, Page 3 Billy Ray King, requested item 13 be approved and that allowance be given to start tours north of Tahquitz by horse drawn carriages. Joy Meredith, President of Main Street, reviewed upcoming activities in the downtown area and added that the merchants support the late hours for the carriages in the downtown. Mercedes Ward, P.S. Carriages, stated that the current lease limits hours after 10 — 11 p.m.; that the nighttime business typically starts at 9 p.m. and ends around 1:00 a.m.; that to limit the hours to 10 p.m. will hurt business; that the day business has started to increase with weddings and special sightseeing events; that the requirement to post rates on the side of the carriage is detracting from the look of the carriage and requested Council to consider modifications to the lease. APPROVAL OF CONSENT AGENDA: It was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Reller- Spurgin abstaining on Item 6 due to proximity of residence, that Items 3 thru 7, excluding 1 and 2, be adopted. Review by City Manager of Consent Items to be clarified. 1. SEE EXTENDED CONSENT AGENDA 2. MO ----- approving agreement with EDAW, Inc, for the Palm Springs Convention Center Expansion environmental documents, property located at the southwest corner of Avenida Caballeros and Amado Road, PD164, Section 14. Agreement to be subject to final language of City Attorney. A-----. Withdrawn. 3. MO 7232 approve a purchase order for the acquisition of local telecommunications services on a sole service basis from Verizon for a term of three years at rates approved by and on file with the California Public Utilities Commission. 4. MO 7233 approving a contract with Commercial Cleaning Specialists for roadside maintenance services for a term of two years on a unit rate basis estimated monthly amount of$5,752.80 A4617. 5. MO 7234 approving Amendment 3 to A4317 with CVAG for Indian Canyon Drive/Interstate 10 Interchange for $50,000, total contact $16,302,843. Funded by Measure A. 6. Res 20522 approving a one-year time extension with John Sanborn for Acanto Partners from October 4, 2002 to October 4, 2003; for an approved preliminary PDD262, TTM29632, Case 5.0845 for property located 1320 feet east of South Palm Canyon Drive on Acanto Drive, Zone R-1-13, Section 35. Reller-Spurgin abstain due to proximity of residence. Council Minutes 01-02-03, Page 4 7. Res 20523 and 20524 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 983303 Spurgin Spouse Mills 983179 C. Kell-Smith Business related 983312 Tenet EXTENDED CONSENT AGENDA: 1. VILLAGE GREEN CARRIAGE STORAGE FACILITY- LEASE Recommendation: That the Council approve a lease with Mercedes Ward dba Palm Springs Carriages for a term of January 2, 2003 to December 31, 2003 at a rental rate of$156/mo. A4618. (Revised Agreement) APN 513-153-016. City Manager requested that Exhibit C of the lease be deleted from consideration and that the agreement be approved subject to City Attorney approval. City Attorney stated that the lease does contain some regulatory provisions; that the lease should be revised to remove those regulatory portions; that the Council will be asked to approve an Urgency Ordinance later in the meeting that does contain the regulatory clauses; that there may be other operators in which the regulatory measure would apply and that a lease would not be applicable in those cases. Councilmember Hodges questioned if this item should be moved to consider after the adoption of the Urgency Ordinance. City Manager stated that the Urgency Ordinance will allow regulations to be implemented on any operator; that the item before the Council is just for the rental of property; that in the past the rental lease did contain the regulatory measures and there were no Ordinances in place; that with the deletion of Exhibit C and the approval subject to modifications by the City Attorney, the approval is just concerning the property; and that later in the meeting the Council will be asked to consider guidelines to regulate the Industry through an Urgency Ordinance. City Attorney concurred with the City Manager and added that at a later date a permanent Ordinance will be brought back for adoption, but that the approval of the Urgency Ordinance will allow the rules and regulations to be put in place. Minute Order 7235 as revised was presented; after which, it was moved by Mills, seconded by Oden and unanimously carried, that MO7235 be adopted. 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. Council Minutes 01-02-03, Page 5 LEGISLATIVE ACTION: 8. 2003 AIR SERVICE DEVELOPMENT INCENTIVE PROGRAM Recommendation: That the Council approve an Air Service Incentive Program that would allow the Airport to further enhance air service development activities with air carriers to increase routes. Executive Director—Airports reviewed the staff report and added that the airlines are in post 9-11 financial status; that the FAA has changed the rules to allow marketing for airlines as long as all airlines are invited to participate; and that this program will allow two airlines to gain assistance at $25,000 each. Mayor questioned if this program was in conjunction with Palm Springs Desert Resorts Convention and Visitors Authority and or Tourism. Executive Director—Airports stated that neither agency was participating with the funding at this time; but that both agencies do support other programs for promotional items. Mayor stated that the PSDRCVA should be asked to participate in the future with the funding. Councilmember Oden stated that the request should be official and include other agencies such as the EDC and other businesses. Mayor stated that some agencies such as CVEP have no funding except what it gets from the Cities, so whether we fund it ourselves, or funnel the funds through CVEP, the City still finances the program; that there are a myriad of other agencies that could be contacted; and that the Airport staff should control the time frames of when the flights are available in order to qualify for the program. Resolution 20525 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that R20525 be adopted. 9. CONVENTION CENTER EXPANSION PHASE I and Phase II Recommendation: That the Council approve Amendment 1 to A4577 with Turner Construction to modify the Phase I Convention Center Expansion Project for $56,495; and add Phase II Convention Center Project services for $1,981,100.00 to the contract. Executive Director — Airports reviewed the staff report, no further report was given. Minute Order 7236 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that MO7236 be adopted. Council Minutes 01-02-03, Page 6 10. CONVENTION CENTER EXPANSION PHASE 1 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve a budget amendment to appropriate funds from General Funds Reserves for the Convention Center Expansion Project Phase I for$1,425,000. City Manager reviewed the staff report and in answer to questions by Council stated that this Phase does include the Springs Theater modification and revision of offices, and that the budget for Phase I is upwards of$22.4 million. Resolution 20526 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that R20526 be adopted. 11. CONVENTION CENTER EXPANSION PHASE 11 2002-03 FISCAL YEAR BUDGET AMENDMENT Recommendation: That the Council approve a budget amendment to fund the Phase II Convention Center Expansion project design and construction management services through the bidding phase for $2,275,000. City Manager reviewed the staff report, no further report was given. Resolution 20527 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, that R20527 be adopted. 12. WAIVER OF FEES FOR UAW-GM CONFERENCE TRAINING EVENT Recommendation: That the Council waive fees for the rental of closed Taxiway A for the UAW-GM conference training event between the period of January 7 — 31, 2003 for $4,000. City Manager reviewed the staff report, no further report was given. Minute Order 7237 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that MO7237 be adopted. 13. URGENCY ORDINANCE — HORSE DRAWN CARRIAGES Recommendation: That the Council approve an Urgency Ordinance regarding horse drawn carriages regulations and standards. Assistant City Manager reviewed the proposed Ordinance in detail and added that the Ordinance is consistent with other jurisdictions; that hours of operation could be modified to meet the needs of the operators; that there are certain fees that do need to be approved; that the fees are permit - $35.00; application fee - $15.00 and a Special permit - $25.00; that a special permit could be used to operate outside of the regulated time limit of 11 p.m.; that the rates being posted on the side of the carriage regulation could be eliminated and was only included to inform the public of the cost, much like taxi's; and that should the Council Council Minutes 01-02-03, Page 7 desire, the Ordinance could be brought back and modified; and that the designation of spots for the carriages to load, unload and park are flexible to meet the needs of the operator and the public. Councilmember Hodges requested the Ordinance be modified to delete the reference to the posting of rates on the outside of the carriages and to modify the time frame to accommodate the operators. Mayor questioned how many carriages are available to be in the downtown at one time. Assistant City Manager stated a total of five; that less will be used during the week, and more during special events and weekends; and that should the Ordinance be adopted the direction of staff will be to work on a franchise agreement for the operators. Councilmember Hodges stated that the franchise agreement should be mindful that the operators do have to make a living. Mayor stated that ultimately the public will set the hours for use; that if a safety problem comes up then the Council should address the issue; that the rate signage should be aesthetically placed; that the routes used by the carriages do need to be safe; that lighting on the carriages and issues concerning passenger seating is under State law and that law should be followed. Assistant City Manager stated that the issue of a person sitting next to the driver is the driver's choice; that overall this type of business presents charm to the City; that staff does want to facilitate the success of the carriage owners; and that direction is needed if the Council wishes to restrict certain streets. Mayor stated that the two operators are being separated, one for uptown and one for downtown; however the restriction should not be so great that a customer is forced to switch carriages to get to the desired venue. Assistant City Manager stated that no street is prohibited to the carriages; but that if it is found that some routes are more hazardous than others, the City will remove that street from use of the carriages. Mayor questioned who would be performing the inspections of the carriages. Assistant City Manager stated Director of Downtown Development. Mayor stated that it would be best to have someone that is aware of what needs to be inspected to be sure standards are met; and added that the Ordinance does seem to reflect what is desired by the Council with modifications concerning rate signage, flexible hours and routes to be used. City Attorney stated that the Ordinance will be revised; and that the Ordinance will return with a final version. Councilmember Hodges stated that the hours should be left open and only modified if problems arise. Council Minutes 01-02-03, Page 8 City Clerk read Title of Urgency Ordinance 1622 as follows: AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.40 OF TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING RULES AND REGULATION FOR HORSE-DRAWN CARRIAGES AND DECLARING THE URGENCY THEREOF After which, it was moved Hodges, seconded by Oden and unanimously carried that Ordinance 1622 be adopted. 14. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests Mayor requested staff review of LNG Liquification Plant proposal of Sunline with report to council. Councilmember Oden requested Study Session Re: "City Works" Community standards for rental properties. Councilmember Hodges stated that discussions should be held regarding the formation of Task Forces in the City due to the last Municipal election issues. Mayor stated that the model from the 90's could be used for a Finance Task Force; and that former Mayor Maryanov could be contacted to form the Committee to bring recommendations to the Council. Councilmember Oden stated that additional Task Forces are needed to address issues such as community communication and that a Study Session should be scheduled. Mayor questioned if the Council desires to review its regularly scheduled meeting times. Councilmember Hodges stated no. Mayor stated that much inquiry and communication is being received regarding the Homeless Center proposed to be located at Sunrise and Vista Chino; that the public is requesting a forum setting and suggested a Town Hall type meeting. Councilmember Hodges stated that the issue does need to proceed through the standard process and to intervene with the public hearing would defeat the process. Councilmember Oden stated that the sooner the item is heard before the Planning Commission the better, but that the comments do need to be a part of the public record. Council Minutes 01-02-03, Page 9 Councilmember Reller-Spurgin stated that when the issue does come to the Council it should be the only item on the agenda. Mayor stated that a Town Hall Meeting should be held and queried the Members if a time for all to attend should be scheduled. Councilmembers Hodges, Oden and Reller-Spurgin stated no. 15. COUNCIL APPOINTEES/LIAISONS - CONFIRMATION PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 8, 2003 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, January 8, 2003, at 7:00 p.m. ROLL CALL: Present: Councilmembers Mills, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Hodges 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 January 3, 2003. PRESENTATIONS: None. HOUSING AUTHORITY: COMMUNITY REDEVELOPMENT AGENCY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business PUBLIC COMMENTS: None CONSENT AGENDA: None COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmember Oden stated that a tour of the Greyhound Bus Station appeared to have no direct Code violations; however, the facility is not representative of the community; and that improvements do need to be made in the parking lot and enhancement to the exterior and interior of the building. LEGISLATIVE ACTION: 1. BOARD & COMMISSION APPOINTMENTS Recommendation: That the Council direct staff regarding the Board and Commission process to be implemented for the 2003 annual recruitment and current vacancies. City Manager requested the item be continued per Councilmember Hodges telephone request. Motion to continue the item to January 15, 2003 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that the Motion be adopted. 2. CONVENTION CENTER EXPANSION — PHASE I Recommendation: That the Council approve an agreement with Forward Services, Inc. for Trade Bid #4, concrete, for the Convention Center Expansion Phase I project for$210,636.00. CP02-19 A4620. I Council Minutes 1-8-03, Page 2 Director of Procurement & Contracting reviewed the staff report and provided additional scheduling information contained on a spreadsheet, copy on file in Office of the City Clerk. Minute Order 7238 as recommended was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Hodges absent, that MO7238 be adopted. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: Councilmember Oden stated that at the January 2, 2003 meeting a discussion was held regarding a Town Hall meeting; that additional information has been received subsequent to the posting of this agenda and requested the item be added for discussion. City Attorney questioned the issue to be discussed at the meeting and when and where the meeting would be held. It was moved by Oden, seconded by Reller-Spurgin and carried unanimously, Hodges absent, to add the item to the agenda. 3. DISCUSSION CONCERNING INDIVIDUAL MEMBER MEETINGS Councilmember Oden stated that a reporting of a proposed Town Hall meeting should be given to the Body; that it was the consensus of the Council at the January 2, 2003 meeting that the City Council would not have a Town Hall meeting. Mayor stated that at the last meeting the members were queried if there were any interest in holding an informal meeting on the proposed Homeless Center and it was indicated at that time that the majority did not want to host a meeting. Councilmember Reller-Spurgin stated that the context was that the City Council should allow the issue to proceed through the process without intervention of the City Council. Councilmember Oden questioned the purpose of the Town Hall Meeting. Mayor stated that a number of calls had been received regarding the issue; that Community frustration is rising over the issue that no one can speak to the City Council; that a number of residents have raised the issue during public comments; that the City Council did say it did not want to host an additional meeting; that with so many concerned regarding the issue, a Town Hall meeting was scheduled to listen to the concerns of the residents and to take notes concerning the project; that the developer would be on hand to give a presentation to the citizens and that the citizens that have been contacted are appreciative of the venue; that the process is long and the citizens are wanting to be heard. Councilmember Reller-Spurgin questioned the time, date, and location of the meeting. Council Minutes 1-8-03, Page 3 Mayor stated Katherine Finchy School, Tuesday, January 14, 2003 at 6 p.m. Councilmember Oden stated that this is of concern; that in the past eight years there have been other controversial issues and never has the Council stepped out of the process; that the Council has always followed the legally sanctioned process and to go outside of that established procedure creates a biased setting prior to the Hearing that is required by the process; that the Council must proceed in a uniform manner; that if the consensus of the Council says it does not want to do a meeting, that should be respected; that a personal need to respond is not the issue; that what is best for the Community should always be foremost; that once a procedure moves outside the legal public hearing process, this type of procedure will be expected in the future; that if each Member decided to host a meeting the result would be divisive; that in the past when a Councilmember took this same type of action, it was viewed as wrong; that to individually set a meeting up, after the majority says not to may be legal, but is not ethical. Mayor stated that this is simply in response to the citizens; that at the last meeting it was offered to each member to attend the meeting. Councilmember Oden stated that the entire issue is one of leadership; that the head should be leading in cooperation with the rest of the members; that it is not clear what is prompting this concern; that this particular issue is minor in comparison to other issues the Council has faced, and that it may be this issue is within an election year. Councilmember Reller-Spurgin stated that her absence at the upcoming meeting does not mean there is no concern, but that the meeting is not the venue that should be used. Councilmember Oden stated that the process should proceed through the Planning Commission and then be heard at the Council; that it is the right procedure and the correct way for the issue to progress. Mayor stated that the process is not in jeopardy, but the meeting does allow viewpoints to be expressed; that it does not matter whether it is called a town hall meeting or whatever, the issue is that the Community wants the Council to listen; that a meeting was requested, but the Council stated it did not want to participate. City Attorney stated that staff is not involved in the issue; that there will be a hearing process; but that the City would not want a potential claim of secret information or information that has not been shared and that it recommended that the meeting be televised or recorded. Councilmember Oden stated that the use of staff time cannot be justified; that this is a private meeting and City resources should not be used. City Attorney stated that the Council could direct City staff not to attend the meeting, but that there could be a potential legal problem created; that if the decision makers do not all have the same information, the issue could be brought up; that this was discussed with the Mayor and the pros and cons were given; that if the event is held a recording should be made, then the people who are not at the event could see the information on the recording and that it is the legal Council Minutes 1-8-03, Page 4 recommendation that the event be televised; that the Mayor is calling the Meeting; that the Meeting will be viewed as sanctioned by the City; that the televising or recording would only require a limited amount of staff time; that if anyone protests at the Hearing that all members are not privy to the same information, it would protect the City; and that under the circumstances the recommendation is the best way to proceed. Councilmember Oden sated that the recommendation is not supported and that there should be no allocation of staff resources. Councilmember Mills and Reller-Spurgin concurred with Councilmember Oden. REPORTS & REQUESTS: None CITY COUNCIL reports or requests PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further business, Mayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk