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HomeMy WebLinkAbout1994 - MINUTES - 2/9/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES FEBRUARY 9, 1994 An Adjourned Regular Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, February 9, 1994, at 7:30 p.m. ' ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag and a moment of silence. REPORT OF POSTING OF AGENDA: Assistant City Clerk reported that the agenda was posted in accordance with Council procedures on February 4, 1994. COMMUNITY REDEVELOPMENT AGENCY, INDUSTRIAL DEVELOPMENT AUTHORITY, FINANCE AUTHORITY: No business INTERAGENCY REPORTS: None PUBLIC COMMENTS: a) Linda Cooper Lee, no address given, stated that a breach of contract should be filed against the City Librarian; that it has been stated that renurs of the Council meeting will not be done on Charnel 17; that if the reruns are not done it is a violation of the contract with the Librarian; that citizens are wanting copies of the video tape of the meetings, but that tapes are not available; and that regarding previous statements concerning the Mayor, respect has to be earned, it is not given. LEGISLATIVE ITEMS: ' 1. PALM SPRINGS HEALTHY CITIES PROJECT Consideration of request by Desert Hospital to participate in "Healthy Cities" project including designating a Council representative to serve on the initiating committee, and designation of a chairperson for said committee. The Project is a consortium which assists community leaders in harnessing community participation for the development of innovative approaches to tackling issues related to connnunity health. 1123- (Orientation meeting February 10, and National Civic League Healthy Communities Action Project 001) conference is in February, and two attendees will be sponsored by Desert Hospital). City Manager requested Council direction regarding the delegate and alternative. It was moved by Lyons, seconded by Hodges, and unanimously carried, that Reller-Spurgin as delegate, Schlendorf as alternate and Ben Green as Chair, be appointed. 2. CALPAW'94INITIATIVE On February 2, 1994, the Council continued consideration of supporting the initiative, in order to receive additional information. City Manager requested the matter be continued to February 16, 1994. (098- 001) It was moved by Hodges, seconded by Schlendorf, and unanimously carried, that the matter be continued, as recommended. Council Minutes 2-9-94, Page 2 PUBLIC MEETING ITEM: 3. CITYWIDE PARKS & STREET LIGHTING MAINTENANCE DISTRICT Pursuant to the provisions of the Government Code, a public meeting is required to allow public testimony ' on any matter connected with the establishment of the Citywide Parks and Safety Lighting District; however, no final decision will be made at this public meeting by the City Council. A public hearing on this matter is scheduled for Wednesday, February, 23, 1994, at 7:30 p.m., in the Palm Springs High School Auditorium. (Note: On February 2, the Council ordered an advisory vote on this matter be included on the June 7, 1994 ballot.) City Manager reviewed staff report, no further report was given. Mayor queried Council regarding time limit for public testimony. Councilmember Lyons stated that the time cannot be unlimited. City Attorney stated that it is the Council's decision to set the limit, that there is no requirement stated in the Government Code. Councilmember Hodges stated that the time should be the same as for a public hearing; that there does not seem to be representatives of groups in the audience; and that a limit should be set. Councilmember Lyons requested a 3-minute time limit. Council consensus to allow public testimony for a time limit of 4 minutes. Mayor further requested that all in favor of the Assessment District show favor, by a. raise of hands; opposed by standing. ' Mayor declared the Public Testimony open. Dr. I. Welch, Canadian, stated that the City does need to improve the street lighting in the City; and that tourism is the most important industry in the City. 1;138- Those who spoke in opposition to the District: 004) Ed Kass, stated that within a private community, homeowners are assessed for maintenance of parks, street maintenance, and lighting; that these homeowners do not benefit from the proposed assessment; that the City Manager is forecasting low economics for the City in the upcoming year; that the Mayor is a CPA and knows what has to be done; that services can not be cut, but the cost of services must be cut; that the future will bring good times to Palm Springs; and that a vote on the proposed district will not reflect the majority of citizens wishes, but only about 25% of the populace. Darrel Meeks, stated that the Utility User Tax should remain in place; and that it is fair to all; that the City should investigate placing an additional sales tax in the City. Dick Sroda, stated that this issue is not about parks, but about City bureaucracy; that therre are three times the City employees in this City as any other, for a like population; that Palm Springs has one employee for every 86 citizens, Cathedral City one employee for every 200 citizen, and Indio one employee for every 250 citizen; that City staff needs to be attacked with a machete; and named various City positions with salary ranges. Lisa Jacobson, representing the Hispanic community, stated that the proposed district is a destruction of ' the democratic process; that the proposal should be withdrawn; and that a task force should be formed to assist the City in it budget deficit process. Robert Kaiser, Los Coyotes Condominium Complex, stated that the proposal is unfair to condouunium owners; that the owners supply their own needs; that the one service used by the condominium owners was the graffiti removal program; and that was eliminated from the budget, last year; that there are ways to make money within the City; and that more creative financing should be pursued. ?�}�r39 Council Minutes 2-9-94, Page 3 PUBLIC TESTIMONY (Cont'd) Robert Fey, stated that twenty percent of the attendees of a local homeowners meeting was not aware of the proposed assessment district; and that the mailing for the district could have been deficient; that the condominium owners do not receive the same amount of service from the district that other property owners will receive; that there should be a lower cap placed on the condominium owners; and that the district amount could be reduced. Chuck Taylor, Huntington Beach, stated that any mail he receives from Palm Springs usually is a tax increase; that currently he is paying the Utility Tax, and that rent control fees are continuously going up. Bob Cook, resident and apartment owner, stated that there is no objection on his part for paying the assessment as a homeowner; but that as an apartment owner the assessment is unfair; that the fee for supporting the rent control division is currently six hundred dollars a year for his apartments; that the money can not be recouped; that all units under rent control should be exempted from the proposed assessment; that parks are used by the renters; and that the Utility User Tax should be extended, or a City sales tax implemented. Curt Ealy, 600 E Tahquitz, representing El Dorado Mobile Home Park, stated that the assessment for the park is $18,000.; that with the current rent control the cost cannot be passed through to the tenants; that the tax is not fair nor equitable; that the proposal violates due process; that the proposal is a special tax; and stated that the Utility User Tax is fairer than the proposed district. Bob?, 1111 E. Ramon, President of Board of Directors, stated that the Association is not opposed to park maintenance, but is opposed to a tax only on the homeowners of the City; that the Utility User Tax should be extended; that the proceeds from the tax should be designated for only parks; and that the proposed assessment is not equally assessed on properties. Bill Williams, 2001 N. Cerritos, stated that he has children that will be effected by the park closures; but ' that times are really hard right now; that many people are without jobs; and that the Utility User Tax was voted out in the past, but that the Council implemented it anyway. Dory Brand, stated that he has appeared before the Council regarding rent control in the past; that the proposed assessment district is not fair to apartment owners; that the Utility Tax is across the board; that (138- there is no way to pass through the proposed assessment to the tenant; that the issue of rent control should 004) be addressed, and be placed on the ballot. Darrell Tacks, stated that an option would be contracting out parks maintenance; and that the vendors on Sundays in Demuth Park should be required to obtain a business license. Dean Pickett, stated that the proposed district will hurt Palm Springs more than the Council realizes; that he has been a resident for more than fifty-six years; that it is inconceivable how the City could be in a$5 million debt; and that the City should retain the Utility tax, and raise the percentage to offset the deficit. Barbara Haddock, Committee of Concerned Apartment Owners of Palm Springs, read a prepared letter, requesting the continuance of the Utility User Tax and reclassification of apartment buildings as the same as hotel buildings. Charles Osengaurd, representing over three hundred condominiums at the Biltmore Court, stated that the consensus of the condominium owners are against the tax increase; that support is given to the Utility User Tax or a City-wide sales lax and added that the City Council should learn to live within its budget. Fred Ebeling, stated that the proposed assessment is too high for property owners; that the City Council should consider privatization of the Convention Center, Airport and the Golf Course; that 28% of the City ' employees make over$70,000 a year; that cuts need to be made; that the Councilmembers should review what their election platforms said; and that answers are needed from the City Council. Jim Jones, stated that everyone is now submitting different proposals regarding the assessment; that the whole charade should be forgotten; that people for parks believe in what they are saying,and that the issue is now a play on emotions; but, that the issue has to do with balancing a budget; and that the matter will be defeated on the advisory vote. Council Minutes 2-9-94, Page 4 PUBLIC TESTIMONY (Cont'd) Lee Vinoeour, stated that instead of the assessment district the Council could hold a raffle to raise money; that Palm Springs is a boring place to live; that Spring Break and the raceway were ways to generate interest in the Community and the Council voted those matters down; and that the community needs to ' work together and people might start to want to visit the community again. Carol Smith, stated that rent control fees hamper any profit to be made in the apartment business; that the Utility Tax is fair to everyone and urged the Council to keep it in place. Joseph Paraskio, stated that the utility user fee is a viable alternative; that rent control is biased for the tenant; that if a landlord requests help from the rent control division they do not receive it,but if a tenant requests assistance, it is immediate; and requested the Council to review the current practices of the division. Those who spoke in favor of the Assessment District: David Cooper, stated that the advisory vote should be rescinded; that the process outlined in the Government Code defines the procedure for abandonment; that the advisory vote is meaningless; that the tax is on property owners, but that any registered voter can vote regardless of whether or not they own property votes on the issue and urged the Council to complete the process as started. Bruce Blanbelt, AYSO representative, stated that there are many children who use the parks; that there are over 1,200 children currently involved in AYSO; that the parks need to be maintained by whatever methods the Council deems appropriate. Anita Chatney, stated that there is a hidden agenda involved with this process; that the Piranhas have worked to get the Assessment District before Council; that a solution to the budget deficit is being offered and urged the Council to rescind the advisory vote and let the matter continue its course. ' Christine Howell, requested Council consideration to rescind the advisory vote and allow the district to proceed. Jean Aubrielle, stated that the notice in the paper only requested persons opposed should appear at the meeting; that it is a big responsibility for this Council to try to clean up the leftovers of other Council's; that the people expressing opposition are not giving the Council alternatives; that this district is a way to (138— save the needed parks for the children; and the senior center funding for the seniors; that if the district is 004) abandoned, fences will be placed around all the parks; that over 2,000 children will be effected; that it is understandable that citizens are worried about their incomes; that in her job at GTE, she is facing layoff, but is still in favor of the assessment; and that the parks are a part of infrastructure of the City and need to be maintained. Gale Aubrielle, stated that there are five children in his family; that the Council can not abandoned the children and seniors in their hour of need; and urged the Council to stand by the district. There being no further appearances, Mayor declared the public testimony portion closed. Councilmember Lyons questioned if it would be legal to exempt those businesses under rent control from the district and whether or not a sales tax could be added. City Attorney stated that the apartment exemption matter would need to be evaluated; that a determination by the Finance Director was that legislation by the State would have to be implemented in order to impose a local sales tax; that an urgency measure would have to be used to be applicable in 1994; and that the normal process of moving through the State legislature would put the process in place sometime in 1995. ' Councilmember Reller-Spurgin expressed empathy with the apartment owner situation; and stated that the Utility Tax is broad based and fair; that if the assessment district formula was changed to exempt apartment owners, enhance the parks and leave out street lighting,what would the EDU for single family residences be? Mayor stated that the EDU could be changed to fifty percent less than currently proposed. O(A A Council Minutes 2-9-94, Page 5 PUBLIC TESTIMONY: (Cont'd) Councilmember Reller-Spurgin stated that it is not fair that property owners have to pay the assessment and apartment dwellers do not. Councilmember Schlendorf stated that the basis of the assessment district was on usage of the benefits ofthe ' district; that to remove apartments and then to cut the EDU value will skew the formula; that the formula is now based on acreage; that once the Council starts deviating from the base of the formula, the formula used for others is not based on equity; that the understanding was that the district EDU factor was based on usage; that it is somewhat clear that commercial or industrial property does not use the parks, but are still figured in the district; that the district will not enhance services, but only maintain them; that the public is not against parks, but against the assessment district process being used; and that many comments are that the Utility Tax is the most broad-based and fair method to use. Councilmember Reller-Spurgin stated that the parks are a part of the infrastructure and trust be maintained. Councilmember Hodges stated that if apartment buildings are exempt from the assessment district due to rent control, likewise mobilehome parks should be exempt, and any building tinder rent control. Mayor questioned whether there is any other source to fund the rent control division;if the vendor situation in Demuth Park is being monitored; and whether the mobile home parks could be exempted from the proposed district. In response to questions by Council, staff stated; that the housing funds cannot be used to fund the Rent Control Division; that a review will be conducted regarding Mr. Ealy's comments; and that the food (138- vendors in Demuth Park on weekends are being monitored, although not successfally curtailed; and that 004) contact has been made with the Department of ABC and the Health Department, and is currently pending. Councilmember Lyons stated that Code Enforcement should be used on the weekends to monitor the situation; and questioned if the City can change the day and working hours for the employees to provide I weekend coverage. Mayor stated that a recent news conference by the President stated that more parks would be funded for the youth; that the current youth situation is linked to not enough activities; that it is important to have parks for the youth to use; that it does not matter whether you have children at home or not; that the parks must be supported; that if the children do not have a park to play in, they end up on street corners; that parks enhance property value; that the process that the Council is undergoing is a procedure outlined in the Government Code; that the testimony process allows the citizen to express its views regarding assessment; that the Code clearly states that if a fifty plus percent protest is received, the district is abandoned; that this does not mean that the Council cannot set a louver level in which to abandon the district; that personally he thinks, the district is a good idea; that every other City in the Valley has some form of this assessment; that appreciation is expressed to all who have attended this meeting to express their views; that it is the Council's intention to delay acting on the district until after the advisory vote is taken; and that currently the protest is 6.6%. ADDITIONAL LEGISLATIVE ITEMS: None 4. PERS MEDICAL& HOSPITAL CARE ACT Recommendation: That the Council adopt a resolution which allows for continued medical and hospital insurance for City Councilmembers, City Manager reviewed the staff report and added that it is past practice to provide the insurance. (110- 007) Resolution 18297 as reconunended was presented, after which; it was moved by Lyons, seconded by I Schlendorf, and unanimously carried, that R18297 be adopted. Council Minutes 2-9-94, Page 6 ADDED STARTERS: None ADJOURNMENT There being no further business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerks -By,. PATRICIA A. SANDERS Assistant City Clerk 1 1