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HomeMy WebLinkAbout1/10/1984 - MINUTES CITY OP r'ALM SPRINGS CITY COUNCIL MINUTES JANUARY 10, 1984 An Adjourned Regular Meeting, of the City Council of the City of Palm Springs, was called to order by Mayor pro tem Maryanov, in the Large Conference Room, City Hall , 3200 Tahquitz-McCallum Way, on Tuesday, January 10, 1984, at 2:15 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov and Smith , Absent: Mayor Bogert, LEGISLATIVE ACTION: 1 . ORDINANCES FOR RE-ADOPTION City Clerk reported that publications required within fifteen days of adoption of certain ordinances, were not accomplished, and 'recommended that the following entitled Ordinances be readopted: Ordinance 1204, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 9230.00 TO THE ZONING ORDINANCE ESTABLISHING A NEW ZONE DESIGNATION, C-C (CIVIC CENTER) ZONE INCLUDING PERMITTED . USES AND . DEVELOPMENT STANDARDS, AND FURTHER GRANTING A CHANGE OF ZONE FROM G-R-5 (GUEST RANCH) TO C-C FOR PROPERTY ,GENERALLY BETWEEN BARISTO ROAD/LIVMOR AVENUE EXTENDED AND EL CIELO ROAD/CIVIC DRIVE, SECTION 13. and Ordinance 1205, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE CONCERNING MANDATORY SEWER CONNECTION. and Ordinance 1206, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO AMEND ORDINANCE NO. 351 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION. and Ordinance 1207, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9229.00 (CENTRAL BUSINESS DISTRICT ZONE) OF THE ZONING ORDINANCE MAKING VARIOUS CHANGES AND ALTERA- TIONS TO THE USES PERMITTED, USES PERMITTED BY CONDITIONAL USE PERMIT AND USES PROHIBITED SUBSECTIONS, AND ADDING A NEW CATEGORY OF USES REQUIRING A LAND USE PERMIT INCLUDING A LIST OF SUCH USES. Council Minutes 1-10-84 Page 2 1 . ORDINANCES (Continued) and Ordinance 1208, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 2.36 OF THE PALM SPRINGS MUNICIPAL CODE, RELATIVE TO A MUSEUM. and Ordinance 1209, entitled: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING AND AMENDING SECTIONS OF THE ZONING ORDINANCE REGULATING THE DEVELOPMENT OF RECREATIONAL VEHICLE PARKS, CITYWIDE. It was moved by Doyle, seconded by Foster, and unanimously carried, that further readings be waived, and that Ordinances 1204 through 1209 be adopted. Mayor pro tem recessed for a study session, during which Mayor entered and joined the meeting, and reconvened the Council in Adjourned Session. 2. TIME SHARE OCCUPANCY TAX City Attorney stated that a time share occupancy tax is not the same as the transient occupancy tax (room tax) and explained the difference in the ability of general law and charter cities to impose taxes. He stated that a task force approach was taken several years relative to time share uses in the City, including addressing the application of room tax, which resulted in a modification of the room tax ordinance to clarify the point that it did apply; that time share repre- sentatives on the task force supported the propriety of apply- ing the tax and recognized the potential erosion of the income base, and privately expressed comments that would support application of the room tax because it was recognized that major opposition would be made to time share use in Palm Springs, if the room tax did not apply; and that time share developers now argue that occupancy is a right and not a privilege and the application of room tax should not apply; and that he was not certain as to whether the time share owners' foundation shares a similar view. He stated that the time share occupancy tax would be based on Government Code Section 37100.5, which enables any general law city to adopt any tax a charter city may approve, subject to voter approval needed under the California Constitution - referring to Prop. 13 and he believed it could be concluded that a charter city could apply a tax on time share units - whether estate or use - and the reference to voters approval was written prior to the Farrell decision, which concluded that a tax which goes into a special fund is not a general tax and may be subject to Article 13 of the California Constitution, and to guard against the argument that a 2/3 voter approval would be needed, he recommended voter approval on an advisory basis. He stated that coupled with that advisory question, he would recommend a measure on the ballot relative to increasing the appropriations limit in connection with the tax. In answer to question by Council , City Attorney explained how the formula applies for room tax, and stated that the time share occupancy tax is slightly higher than the amount which is now being paid by the average unit, and the $4 rate can be changed by the Council . 014 Council Minutes 1-10-84 Page 3 2. TIME SHARE OCCUPANCY TAX (Continued) Mayor stated that he did not think the average voter would be able to have enough information, in the time available, to make a conscientous decision on the issue. Councilman Maryanov stated that if there were enough public education on the subject, he would favor placing it on the ballot, however, the time share interests will heavily campaign for its defeat, and there is not sufficient time to rally campaigning for its support. City Attorney stated that a ballot question is not needed for the Council to adopt the ordinance; that a favorable vote would weigh heavily with a judge should it be adjudicated; and that if the room tax were struck down, then the time share occupancy tax would apply. City Manager stated that the urgency to have the ordinance is primary, but the issue of an advisory vote could be placed on a later ballot. Councilman Doyle stated that unless there is an extensive education program, voters will not support the idea of any tax; which would then raise the question of what position the Council would take in that instance. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING A TAX UPON THE OCCUPANCY OF TIME SHARE UNITS, ADDING CHAPTER 3.28 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO TIME SHARE OCCUPANCY TAX AND PROVIDING FOR THE ASSESSMENT, COLLECTION AND ADMINISTRATION THEREOF AND PENALTIES FOR VIOLATION. It was moved by Maryanov, seconded by Smith, and unanimously carried, that further reading be waived, that the Ordinance be introduced for first reading. ADJOURNMENT There being no further business, at 4:45 p.m. , Mayor declared the meeting adjourned to a Closed Session (legal ) , and upon reconvening, declared the meeting further adjourned to Thursday, January 12, 1984, at 4:30 p.m. , in the Large Conference Room, City Hall . JUDITH SUMICH City Clerk