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HomeMy WebLinkAbout1992 - MINUTES - 12/16/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES DECEMBER 16, 1992 A Regular Meeting of the City Council of the City of Palm Springs, Capifomia, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, December 16, 1992, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Rciler-Spurgin, Schlendorf, and Mayor Maryanov ABSENT: None The meeting was opened with the Flag Salute and an invocation by Father Erstad, Our Lady of Solitude Catholic Church. PRESENTATIONS: Report by P.S. High School Student Body - No one present for report. Mayor presented certificates of appreciation for former Board/Commission members: Kurt Handshuh, VPB; Ray Hutchinson and Gregg Mandinach, Airport; Ed Joseph, Rent Review; Dan Johnson, Economic Development, and Hugh Jones, Parks&Recreation. Mayor also presentel a certificate to Mrs. Lit Birer, (074- posthumously for Eli Birer,Public Arts,and expressed added appreciation for the many years of dedication 001) to the community, as a Couneilmember, and citizen. REPORT OF POSTING OF AGENDA: City Clerk reported that the Agenda was posted in accordance with Council procedures on December 11, 1992, including supplemental agenda concerning item 11. COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. HOUSING AUTHORITY,INDUSTRIAL DEVELOPMENT AUTHORITY,FINAIJCING AUTHORITY - No business APPROVAL OF CITY COUNCIL MINUTES It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that the Minutes of November 4, 10, 18, and 24, and December 2, 1992, be approved. PUBLIC HEARINGS: I. TM 27388 TENTATIVE TRACT MAP On November 18, 1992, the Council continued hearing on consideration of tentative tract map to divide 7.74 acres of City-owned property on Sunrise Way north of San Rafael, Section 35, on which no final plan nor development can occur without final approval of the City Council. City Manager reported that the City Attorney is satisfied that the (137- conditions of the map protect the City, in that the final map will aot be approved until a development agreement is approved for the site. 084) Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 18002, as recommended, was presented; after which, it was moved by Schlendorf, seconded by Hodges, and unanimously carried, that R18002 be adopted. 2. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) Staff Recommendation: That the Council receive public input on the C.H.A.S. Annual Report for fiscal year 92-93, and Performance Report for fiscal year 92-93, and approve both documents for submittal to the Dept. of Housing & Urban Development, as a requirement for continued funding of Community Development Block Grant funds for 92- 93. (085- Housing Coordinator reviewed her report,adding that the deadline for submittal to HUD 003) is December 31; that required public notice was given; that the annual plan outlines programs and activities planned to be undertaken in 1993, and in conformance with the 5-year CHAS, 1991-1996; and reflects the commitment and expectation for 92-93 CDBG funds, private leverage capabilities, and local set aside funds(Note: figures in the forms submitted are reflected in millions). In answer to question by Council, she added that the City is very much on track with attaining housing goals in the General Plan. Council Minutes 12-16-92 Page 2 2. CHAS (Continued) Jesus Arguelles,Arguelles&Associates,consultants,stated that the leveraging is a 4.5:1, which is very good. Mayor declared the hearing opened. Gary Bosworth, Box 366, Palm Springs, stated that he felt Line 2a2#5 was a worthy goal,and questioned why Lines 13, 16, 17 show N/A to handicapped persons,noting that he hoped the Council would provide that some funds are allocated to these areas. Housing Coordinator stated that the N/A is because currently there is not any Section 812 development on the roster of projects for the coming year; that if such a project came along, it would be looked at; and that basically projects considered were based on what has been done, and on what was reasonably accomplished Councilmember Reller-Spurgin noted that the Senior Home Repair program is still in place, and provides an opportunity for them to get help. There were no further appearances, and the hearing was closed. In answer to questions by Council, Housing Coordinator clarified portions of the plan, noting that it was prepared in a draft form in order to make it available for comment, and will be revised prior to submittal, and that a copy will be provided to the Council; i.e., she stated that reference to the AIDS Project "operational expenses" will be corrected to reflect "equipment"; that reference for the mobilehome park. (ii-5) refers to remaining units that can be provided on the site under the first one-half of the project; that definition of"affordable housing"includes rent,mortgage,utilities,principal, taxes and insurance, and definition will be corrected; that the wall has been resolved in another manner, and that the wall between the housing project and the mobilehomme park is no longer a valid project, and will be deleted from the plan; and that she will get an answer concerning whether a youth at-risk program was included on page i-10. Resolution 18003, as recommended, was presented; after which, it was moved by Schlendorf, seconded by Hodges, and unanimously carried, that R18003 be adopted. PUBLIC COMMENTS: a) The following persons spoke on matters not on the Agenda:: Frank Geckle, Assistant Vice-President GGS Holdings, stated that he is responsible for the Hyatt and other properties in the Valley, and expressed his feelings and that of the property ownership, that it would be foolish to separate the city from the valley and time and energy should not be spent doing so; rather time should be spent competing with other places like Scottsdale, and working as a team with the: southern valley, cities that the focus should be on servicing and taking care of the visitors who come: here; and urged that the city remain a party to the PSDRCVB. Sue Cote thanked the Council, and Disabilities Coordinator Phil Kaplan, for curb cuts on Tahquitz, and addressing this need. Josephine Rago, Rancho Mirage, thanked Director of Aviation and Gary Bosworth for assisting her in resolving her problem of providing transportation for the handicapped at the Airport after Sardine hours; and added opinion that disabled persons should receive discounts in the same manner as do senior citizens. Dr. Lovekin, property owner in Palm Hills, commented on State Fish & Game Department intent to expand the game refuge from Palm Hills to Highway I It 1, and that the City will lose options as to what can be. done in that area; and perhaps it should address a letter to the proper authorities. Tom Schmidt, Wyndham Hotel, read a similar statement as he read at the last study session, supporting the PSDRCVB expressing opinion that the City receives more than its fair market share, and if a new bureau is to be formed, the City should first consult with an independent consultant for an in-depth study. Mona Evigan, Headstart for Hair, stated that she wanted to open a hair salon in the Aloha Hotel owned by her parent,who would like to convert the remainder of the hotel into offices, and that she would like a permit granted to allow that to happen. ur 3 � 1 Council Minutes 12-16-92 Page 3 a) Continued Director of Planning&Zoning stated that the Zoning Ordinance permits accessory uses in resort hotels of 100 or more units; that there is no provision to allow a use permit for what she is asking; and that the Planning Commission has the issue on its next study session agenda, and he will report back to the Council, rioting that any possible code amendment would take 3-4 months to process. Charles Vinson, 270 Ocotillo,,,-commented on need for an ombudsman program, which he felt was pledged by the mayor during his candidacy; and that small mobilehome renters are being ignored, in terns of cable and trash bills; that be did not believe the City was being cost efficient. City was cost efficient,citing his opinion that the CVB should be privatized,and the City has too many telephones. The following persons spoke concerning the Canyon Development: Terry Rudd, who also spoke at the last study session, expressed concern that there is no way to understand the full impact of what is happening to the property owners by Canyon not purchasing their properties, nor the properties dropped from the redevelopment project; that policies of title insurance are not free and clear title because of reference to the Redevelopment Project Area Ordinance, and owners cannot build or sell without having to deal with the ordinance; that this matter has e:-tended over the past three years; that lawsuit was filed, and owners agreed to settle based on escrow closing December 1991; that Canyon Development did not close escrows;and that the property owners need a date for when this situation will end, and she felt the time had come of either a go or no go situation. City Attorney stated that the fact that the Redevelopment Ordinance is recorded is not unique to any redevelopment project area throughout the.State, and it does not make a property unfmanceable or undevelopable; that negotiations and discussions have been on- going with Canyon Development, and recommendation is to try to set up an opportunity where the status of the project, and timeframes involved ivhen a final agreement can be 124- presented to the Planning Commission and City Council, can be more clearly explained; 097 that Canyon has agreed and he should be able to report back at the December 29 study session as to how that explanation opportunity will be set up. Ed Lopez, property owner in the Canyon area, stated that such comments have been made for the past three years; that he as a property owner for 10 years has an unwilling partner for nearly 1/3 of the time he has owned the property; that he has not heard anything from Mr. Solomon,or City Redevelopment Agency;that inany corporations are restructuring because they cannot get finance,e.g., those in Orange County,and that tax credits do not move deals; that he does not think the Canyon project will proceed, and therefore should not be a partner in it, an even if the City wants to be involved, and his property should be purchased so he can go away. Paula Aiken, speaking for herself and Bob Glass, asked that the property owners rights not be infringed upon; that they have been forestalled for three years; that the City does not maintain the area, e.g., shrubs, weeds, and paving; that there is a cloud on the title to their property; that they have suffered economic losses, i.e., annual lease payments, taxes, and capitalization have cost her$45,000 in three years; that if the City owned the property, it would be proceeding much faster; that the property owners acted in good faith and settled the lawsuit,which included an 18 month escrow; that her escrow closed in January, 1992,however she carried the paper,and Canyon did not make the payments, and she foreclosed ending up with the lot again; that she felt the developers ability to perform was questionable if it could not pay for her lot;and that the developer should be made to purchase and close escrow no more than 60 days, with no contingency and no carry back, or the specific plan should be removed, or if the City wants to leverage money, it should do with its own money and should purchase the lots. Sherry Lopez,owner in Canyon Cove, stated that they purchased their lot with the intent of building; that she agreed with Ms. Rudd and other speakers, in asking for a definitive date to either purchase the properties or remove them from the plan; and that she has not received answer to telephone messages left with either Mr. Solomon or the Council. Terry Goldstein, Canyon Cove, questioned when total compensation would be made; if the developer buys, what will be the City's mandatory price for the lots; and how much longer the City will allow the developer to purchase without a reasonable price. Council Minutes 12-16-92 Page 4 a) Continued City Attorney stated that the intent of the contemplated meeting is to look at the questions that have been raised about price, time, etc., and better information should be available on how the negotiations are coming on those issues and to be able to answer a number of questions; that the City has communicated in writing to all property owners that the (I24-- City is prepared to process building development applications since the moratorium ow) ended; that some of those have been processed and some owners are getting close to issuance of a building permit; that since the moratorium ended, no such application has been refused; that irrespective of the negotiations that are going on, the property owners ability to process their projects is not affected. Mayor added that the Council has attempted to continue negotiations with due deligence,and the outlook is optimistic with Canyon Development's cooperation, but there are no guarantees. b) The following persons spoke concerning Item 3 Shelby Bell, President P.S. Retirement Investment Programs, questioned whether the DBID was still in existence after the last action of the Council. Mayor explained that the last action was to not levy an assessment for the coming year, but that it did not constitute an automatic dissolutionment of the district,and that the proposed action would set a hearing on that matter. Mr. Bell contended that the City should stay out of the merchant's business, and stick with government. Marsha Crane, Pants Galore, quoted statements of Councilmember Hodges and the Mayor made at recent study sessions, implying that the district should be dissolved; and added that merchants are beginning to put together their own promotions,and the district should be disestablished. (133- Jack Palmer, merchant in the Plaza,urged disestablishment(if the district, adding that he 004) was not informed of its existence at the time he applied for the Business License. Pat Duffy, 302 E. Arenas, concurred, and noted that there are still in excess of 300 merchants in favor of the district, and that steps have been taken to form a new committee to generate business, and that very positive things are being started. Joan Gatmso favored disestablishing the district, and stated that the Council should not be taken in by those who want the district boundaries and fees simply modified; that another VPB or group which duplicates the Chamber of Commerce is not needed; that a number of new businesses never paid and where not "credited" to the number of protests;that she agreed with Councilmember Lyons statement that an unpaid assessment was tantamount to a protest and should be included in the figures; that she questioned how the businesses that closed or moved elsewhere in the City, or whose owners have either moved out of town or remain as residents, will be billed, and how the small merchants will know that the large corporations have also paid; and that the merchants who are holding downtown together should not be made to leave. Becky Molitari (?), Chef Palm Springs; Lawrence Pointer, vacuum doctor, and Phyllis Silver, Tony Pasta Mia and Brussels; Ken Ballhizer; Paul.:ine Smith; and beauty shop owner at 191 S. Indian, each concurred with request to disestablish the district. Bill Short, 123 N. Palm Canyon, urged that the Council move forward and disestablish the district; that he did not think the DBID has produced. any positive impact on the community, nor did he think it would under any other name; that merchants have been putting together other programs without imposing taxes;and expressed opinion that once the DBID is dissolved, it will lift confusion as to levels of responsibility. Gregg Mandinach stated that there has been a lot of discussion as to what is going to happen regarding the DBID; that he felt it was created because of a lack of effort by the Chamber; that the Chamber needs to be stronger and provide;a better leadership; and that might be a better opportunity, than establishing another layer or group dealing with these issues. d) Roy Picard (?) stated he supported item S. LEGISLATIVE ACTION; Council Minutes 12-16-92 Page 5 3. DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (DBID) DISESTA13LISHMENT Consideration of Resolution of Intention to disestablish the DBID, setting hearing for January 16, 19915 ,Resolution only declares intent and sets hearing date; not approving the resolution leaves the DBID in place. City Manager noted the report of the Director 133- of Finance. 004) Resolution of Intention 18004, as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons,and unanimously carried, that R18004 be adopted. 4. D131D - DELINQUENT ASSESSMENTS Staff Recommendation: That the Council call for the collection of delinquent DBID assessments and the application of funds collected toward the costs previously incurred by the City, and anticipated to be incurred for collection. City Manager reported that the assessments were levied for three years; that 83 have not been paid,estimated at$30,000-$15,000 in assessments,and$15,000 for penalties; and that the issue is whether the staff should proceed with collection. Councilmember Lyons stated that he felt the issue should not go any further. Councilmember Roller-Spurgin questioned what the City's liability would be if it did not pursue the delinquencies in terms of those who paid the assessments. City Attorney stated that the assessments were collected, and funds spent through the (133- District; that he would need to research what avenues those who paid might have to seek 004) legal action against the City; that it is arguable whether the City could collect the assessments if it pursued, however, there is a cost involved in doing so; that it may wish to require sending a letter for payment, and then determine at a later date how much City Attorney time it wished to pay for to pursue from that point; that the assessments were legally, valid assessments, and the City is entitled to collect. Mayor stated that he considered it bad policy to take citizens in large group to court, unless mandatory action is involved; and he did not think it appropriate in this case; that perhaps the matter should be tabled, so the attorney can research it further. Councilmember Hodges stated that tabling the matter is simply to forget about it; that no direction would be given to staff, and nothing would be accomplished; that there are those who paid the assessment, and the City has an obligation to go after those who did not, otherwise those who lived up to the law in place are being penalized for those who did not; that it was an assessment and mandatory, and it should not be forgiven just because of lack of payment, rather collection should be pursued. Mayor stated that tabling means that the community would have time in which to express its views about collection, and allows City Attorney an opportunity to report on the various liability exposures. (Note: From the audience, Pauline Smith asked what happened when the Sun Surrey was dissolved, and the Mayor asked the City Manager to check into it.) In answer to question by Council, the Auditor II stated that the debts have been outstanding for quite sometime, and represent both valid businesses and some who are no longer in business. It was moved by Schlendorf, seconded by Lyons, and carried by the following vote, that this matter be tabled: AYES: Lyons, Reller-Spurgin, Schlendorf&Maryanov NO: Hodges ABSENT: None 5. COST SAVING OF JOINT FIRE DEPARTMENT SERVICES Staff Recommendation: That the Council authorize the Fire Department to begin development of Phase I of the proposed functional consolidation of the administrative services of the Palm Springs and Cathedral City fire departments. City Manager reported that this matter was reviewed in detail at the last study session, and that the fire safety (087 and fire management units will be included in the Phase I as they requested. 001) s , `L Council Minutes 12-16-92 Page 6 5. FIRE CONSOLIDATION (Continued) In answer to question by Council, Fire Chief stated that the:phasing is appropriate and efforts will be made to try to complete the consolidation sooner;that there is a great deal to be accomplished; that models are being followed; and that the tinting is not inappropriate. Councilmember Hodges urged that it move ahead, and not be overly studied. Minute Order 5119, as recommended, was presented; after which, it was; moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that D4O5119 be adopted. 6. 1992-93 BUDGET AMENDMENT -PROGRAM REDUCTIONS Staff Recommendation: That the Council ;amend the 1992-93 budget to reduce five specific budgeted programs totalling $80,994, as part of the plan to balance the budget for the fiscal year 1992-93. City Manager noted t.hai this is part of the plan for balancing the budget; and in answer (061- to question by Council, he stated that the remainder of the balancing will Come mostly 0 m) from a job chill, i.e., there are currently 23 positions vacant; that other cost savings are being explored, e.g., travel and training, and.delays in capital projects; and that with so many vacant positions, there may be delays in providing services. Resolution 18005,as recommended, was presented;after which, it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that R18005 be adopted. 7. MUNICIPAL CODE AMENDMENT -ALARM ORDINANCE Staff Recommendation: That the Council re-introduce ordinance, in revised form, amending the Municipal Code to provide an alarm registration permit and fee process, annual renewal, and regulations and fees concerning false burglary acid robbery alarms. Basic alarm permit fez to be$25, said annual renewal to be $5; other fees stipulated in (103- the proposed action. This matter was reviewed in study session, and no further report 001) was given. Note: Ordinance takes effect 30 days after second reading. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE, AND REGULATING THE USE OF ALARMS AND ALARM SYSTEMS. It was moved by Hodges, seconded by Lyons, and unanimously carried, that further reading be waived, and that the Ordinance be introduced for first reading. S. MUNICIPAL CODE AMENDMENT -WASTE & RECYCLABLE MATERIALS On December 2, 1992, the City Council introduced an ordinance to amend the Municipal Code, Chapter 6.04,to update provisions concerning disposal of waste materials and add provisions concerning disposal of recyclable materials. Ciuty's current provisions have (103- been on the books since prior to 1972. OO:I) City Clerk read title of Ord 1429, after which, it was moved by Schlendorf, seconded by Lyons, and unanimously carried, that further reading be waived, and 01429 be adopted. 9. COMPREHENSIVE FEE SCHEDULE AMENDMENT Staff Recommendation: That the Council amend the Comprehensive Fee Schedule to establish rental rates for the large and small conference roorus in City Hall,and to adjust the rental rates for use of the Council Chamber, in order to recover annual facilities maintenance charges to the City's General Fund. (114- ow) City Clerk reviewed her report, and the various rental rate options, noting that the rates will result in recovery directly to the General Fund the facility maintenance cost; and recommended Option C, providing a flexible$15.50 hourly,based on one-clay facilities charges for 5-day use of the meeting rooms, and flat rates for the half day or less usage of the conference rooms; and recommended that the resolution is revised to refer to all conference rooms in City Hall,e.g.,converted space available in the City Attorney wing. Council Minutes 12-16-92 Page 7 9. FEE SCHEDULE (Continued) Resolution 18006 amending the Fee Schedule(Option C.including all conference rooms) was presented; after which, it was moved by Schlendorf, seconded by Lyons, and unanimously carried, that R18006 be adopted. 10. MAYORS' &COUNCILMEMBERS' CONFERENCE -DESIGNEE Staff Recommendation: That the Council designate a voting representative to the Mayor's and Councilmembers' Conference of Riverside County, an on-going body which shares information and discusses issues of regional consequence. City Manager reported that Palm Springs was an active participant in the past, and that at the January meeting, which Palm Springs will host, the conference will be voting on a new member to LAFCO, and the alternate member to the County Transportation Commission; and that there is one vote per City. Mayor recommended that procedurally,the Mayor be the voting uvem (070- ber,with the mayor 001) pro tem as alternate, and that if a third designee is needed, it be selected at the time of need. Councilmember Schlendorf suggested that the question of which candidate to support for the above two positions, be placed on the Council's next agenda for direction to the voting member. It was moved by Lyons, seconded by Reller-Spurgin, ;md unanimously carried, that the voting member to the Mayors' & Councilmembers' Conference for Palm Springs shall be the Mayor, mayor pro tern, or designated representative, respectively. ADDITIONAL LEGISLATIVE ACTION: 11A. WORKERS COMPENSATION EXCESS SELF-FUNDING JOINT POWERS AUTHORITY Staff recommendation: That the Council authorize participation in the newly formed excess Local Agency Workers' Compensation Excess jPA, in order to save money and (096_ provide long term cost stability-A3182. City Manager highlighted the recommendation. 001) Resolution 18007 as recommended, was presented; after which,it was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that R18007 be adopted. CONSENT AGENDA: 12. MO 5121 amending the Master Bail Schedule to increase fine for handicapped parking violations (114- from $126 to $275 effective January 1, 1993, in order to comply with recently adopted State 004) Legislation (AB2289). 13. See Item 17. 14. Res 18009 approving destruction of specified Airport records, required prior to destruction (151- pursuant to State Law. 001) 15. MO 5120 approving new agreement with Cathedral City for the Desert Information Management (117- and Enforcement System (DIMES), in order to upgrade services and equipment and provide a 006) program for computer aided dispatch services - A 3183 , 16. Res 18010 and 18008 approving Payroll Warrants and Claims & Demands. (086) It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that Resolutions 18008 through 18010 and Minute Orders 5120 and 5121 be adopted. 17. ALLOCATED POSITIONS &COMPENSATION PLAN AMENDMENT Staff Recommendation: That the Council approve amendment No. 3 to the Allocated Positions and Compensation Plans to move the Arts Administrator from the Library Department to the Economic Development Department, to reflect request made by the Council; and to increase the hours of the positions from 20 to 30 per week. (061- City Manager reviewed the report and stated that the funding comes from the 1% Public 013) Art Fee on development. Council Minutes 12-16-92 Page 8 17. ALLOCATED PLANS AMENDMENT (Continued) Councilmember Hodges stated that since the Council has continued action regarding changes to the public art ordinance, any increase in the number of hours worked should be considered along with these changes. She stated that she did not have a problem transferring the position from one department to another. City Manager recommended that the matter be withdrawn, and brought back possibly at the January 6 meeting. So ordered. ADDED STARTERS: None REPORTS &REQUESTS: 18. DEPARTMENTAL REPORTS -Received for Filing (121- 002) a) Treasurer's -July-Sept, 92-93 CITY COUNCIL reports or requests a) Councilmember Schlendorf reported that she has attended several meetings as a Council designee, i.e., Riverside County Community Action, and reported designated agencies and that applications are being accepted for Black History Month, 1993 needs assessment to be conducted in January,and grant writing workshop;and the Sunline Transit Agency meeting this date, which will be asking the Councils to look at dropping the taxi regulation permit fee that the regulatory agency passes back to he cities because of greater attorney fees lior enforcement and that the issue be addressed at CVAG. She added that Sardine is hoping to find a vehicle to regulate taxi use, dial-a-ride and to extend hours later into the evening, but not on weekends, to accommodate later arrivals. STAFF reports or requests None PUBLIC reports or requests-None ADJOURN There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk