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HomeMy WebLinkAbout1994 - MINUTES - 3/2/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES MARCH 2, 1994 A 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, March 2, 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 led by Boy Scout Troop 905, and a moment of silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on February 25, 1994. INDUSTRIAL DEVELOPMENT& FINANCING AUTHORITIES: No business 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: Mayor declared the meeting adjourned for the purpose of convening as the Housing Authority; after which, members reconvened as the City Council. CLOSED SESSION REPORT: City Attorney reported on matters discussed)in closed session as shown on the Statement of Basis for Closed Session, dated March 2, 1994. PUBLIC HEARINGS: 1. PD229 - HUD ' Planning Commission Recommendation: That the Council approve a planned development district for the Department of Housing & Urban Development, and filing of a negative declaration, subject to conditions, for a 60-unit, senior housing project on Vista Chino, west of Sunrise Way, R-2, Sec. 11 Councilmember Hodges stated that her residence is within 2500 feet of the location, and she (116— would abstain. 098) Director of Planning& Zoning reported that the Redevelopment Agency currently owns the site, and the project will be financed by HUD and ultimately deeded by the Agency, and no pool was required. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. Resolution 18337 as recommended was presented; after which, it was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, Hodges abstaining, that R18337 be adopted. INTERAGENCY REPORTS: a) Councilmembers Schlendorf and Reller-Spurgin reported on the progress of the Healthy Cities program, formation of the steering committee, and development of goals for the community. b) Councilmember Hodges reported that she was invited to participate in a. League of , California Cities committee which will be looking at providing recommendation and input as to future direction of the League. c) Councilmember Schlendorf provided a status of the Sunline agencies, noting that something will be.coming back concerning buy-out of debt of the regional agency to possibly reduce taxi fees and to do away with regulations at the Airport by that board. Council Minutes 3-2-94, Page 2 d) Mayor asked that consideration be given to changing the Planning Commission terms to 3 years with a maximum of six years. He also commended everyone involved in addressing the recent shooting in the Desert Highland area. PUBLIC COMMENTS: ' a) Comments on matters not related to an item on the Agenda: Gary Bosworth commented regarding Item 8, suggesting that perhaps funds be added to provide curb cuts and sidewalks; and commented concerning a recent letter to the editor about disabled persons, and encourage seniors to protect their rights, too. Dick Sroda expressed opinion that the taxpayers are not getting value for their dollars; that he felt the Mayor made excuses for city employees's performance; that he thought employees names and salaries should be published,their work monitored,that the city manager's jab is to manage staff, yet outside contracts are continuously approved; that he did not support the charter where employees have more to say; that he thought city staff advice was poor concerning the prior race producer, and no one wants more air pollution or streets tom up; and that the Council should get in touch with voters. Dennis Spurgin, Chairman of Save DARE stated that the second annual bike-a-thon will be March 19 at Sunrise Park, 8 a.m., and added that Mary Bono will chair the event sponsored in part by Power Radio and P.S. Savings Bank. He stated that drug abuse is not the only problem, nor is DARE the only solution, and emphasis needs to shift to prevention, and the Rotary District has taken on the task to coordinate a drug abuse program in the District and see if other "DARE" can be started up in the other communities, for which thousands of dollars will be needed. Bob Brodax commented on the cost and regulation of starting a small "laborer" type business, e.g., contractor. Mayor noted that the only city regulation is the business ' license tax, other regulations are federal or state imposed. Fred Ebeling thanked the Council for its action concerning the assessment district;and suggested looking at its spending for consultants; and that he did not think more police'solves crime problems, rather more performance and responsibility of individuals. Lee Vinocour stated he would like to see creative, revenue generating activities for drug abuse, and that there are homeless people in need of help; that he did not think there was touch to do in Palm Springs; that he likes gaming; and he wants more "fun" in the community. Eric Meeks thanked the Council for its action on the assessment district; stated he would like to sell books at Villagefest, noted his sales tax is less even after opening a new store, and he world like to sell on the street everything he can sell in his store. He stated that employee salaries should be cut as much as possible, and he did not think anyone was doing a bad job;and that the redevelopment project areas need their own identity and revenue spent in their own project areas. b) Comments concerning Rent Control: Karen Aguilar, Mark Leslie, President of the Board of Realtors, thanked the Council for its response to the A.D. hearing, and stated that rent control does not create revenue for the City; that owners often must provide information from 1979, which (085— ' they often do not have, i.e., if new owner; that there are too many inequities in rent 004) control over apartments and condominiums and single-family, and asked that they be released from it by placing the repeal of that portion of rent control on the ballot, leaving it to apply to mobilehomes; that the Board would support a campaign to it, the charter and a utility tax. Curt Ealy, attorney representing Concerned Apartment Owners agreed with Ms. Aguilar's comments; that the issue was only adopted by 12 vote difference when it was on the ballot, and there should be a "just say yes" to all three of the measures. Council Minutes 3-2-94, Page 3 Lucille Valley expressed opinion that rent control is a blight on the city, and does not help anyone or the City, but keeps away investors. Clyde Greko commented on his experience after purchasing property at Tahquitz& Farrell and trying to replace air conditioning but was restricted by rent control to (085.- replace it to almost the same as that which was being replaced; that there is a stigma 004) attached to rent control and no one wants further government involvement, although ' he commended the rent control staff for their work. c) Comments concerning Item 4 Darrell Meeks urged that the Council not make the ballot measures multiple choice, and to support a utility tax for one year, which he would campaign for; and that (083_ multiple questions will make it hard to explain to the voters and to campaign. He Olt) also questioned why Itcm 14 was on the consent, and any contract paid) from the General Fund should be under legislative action. LEGISLATIVE ACTION: 2. CITYWIDE PARKS & SAFETY LIGHTING DISTRICT On February 23, 1994, the Council concluded the public hearing; 'State Taw requires that the Council rule on the protests. City Attorney reported that be prepared a resolution making determination as to the amount of protest, which is required by statute, i.e., 14.6%, and includes a clause that the Council discontinues further proceeding with establishing the district. City Clerk reviewed the result of protest, a copy of which is on file in her office, indicating that 14.6% of the assessable area is represented by the protest. In response to questions by Council, she stated that there are approximately 22,000 registered voters; that a number of ' protests represented more than one property under that ownership. In answer to question by Council, City Attorney stated that the Council has done all actions to form the district, except the last action of adopting the resolution, and he would have to research the Code to determine if the proceedings could be used by a future Council; that due to the passage of time, i.e., subsequent fiscal year(s), the data would change on, which the assessment was based, and it would probably require starting over; that the Council could add language for a total defeat, however, future Councils could amend the action and it deemed appropriate; and that for purposes of the proposed resolution, Section 3 provides that the Council will not proceed with adoption of the resolution as permitted by Code; and that if there had been a majority protest, the Council would have to wait one: year before initiating the proceedings again. Resolution 18338 making determination of extent of protests, and discontinuing proceedings to form the district, was presented; after which, it was moved by Scllendorf, seconded by Hodges, and carried by the following vote, that RI8339 be adopted: AYES: Hodges, Lyons, Reller-Spurgin & Schlendorf NO: Maryanov ABSENT: None 3. PROPOSED CHARTER Discussion and consideration of placing the proposed charter on the June 7 election ballot. City Attorney stated that in talking with employees, they are concerned about taking;away their rights;that meet and confer is not required, but he would like to continue this matter to March (075- 9 to review those concerns, and to make minor changes dealing with tie votes, amendments 001) to the charter, and other technicalities; and noted that it is possible if other comments are received there would still be time to make changes. He stated that he will provide a new draft and make sure all of the Council receives a copy. It was moved by Lyons, seconded by Reller-Spurginn and unanimously carried, that this matter be continued to March 9 as recommended by the City Attorney. Council Minutes 3-2-94, Page 4 4. BALLOT MEASURES Discussion and consideration of ballot measures on June 7 election ballot,related to taxes, and other financing issues. City Attorney reviewed possible ballot measures, all of which would be advisory, i.e., ' continuing the 5% utility tax, up to a 4% utility tax, limiting duration up to 3 years. Director of Finance reported that eliminating the tax during the summer months will be a problem with the utilities; that a 1% tax annually produces $800,000. Councilmember Schlendorf asked that the utilities respond specifically to that question. Councilmember Lyons suggested that the question be framed to allow a percentage of the tax up to 5%, and sunset after three years. Councilmember Hodges stated that the measure might be defeated without any percentage, or appear that the City was not doing its share if the resulting revenue produced enough to cover the deficit; and that she favored placing the question on the ballot. Councilmember Schlendorf stated that she did not think the public expected to balance the (083— budget from one source, rather that there would be cuts and restructuring, and she agreed that 011) the percentage should be 3%. Mayor suggested up to 4%. It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that the ballot measure provide for up to 4%, with a sunset after three years. City Attorney explained the process for ballot arguments, i.e., the Council may designate one or more of its members to file, in which case, the City Clerk accepts those arguments over any others that may be submitted on the same side of the argument. ' Councilmember Schlendorf stated that she was not ready to express support until the Council has done due diligence in addressing the budget; that she may change her view by June, as there may be restructuring and funds still needed at that time, but she reserved her support until that time. She added that she felt the argument had more meaning if it came from the public, perhaps those who have indicated support of it should come forward and write the argument. Councilmember Reller-Spurgin stated that she was not afraid to put her name to the support of the measure. Mayor stated that regardless of restructuring, there will be hard choices to be made and processes to be followed, and issues often do not occur until nearer the election. City Attorney to bring resolution calling for election, and resolution concerning arguments in favor to be submitted by Councilmembers Lyons and Reller-Spurgin and Mayor Maryanov. RENT CONTROL: Councilmember Schlendorf requested discussion concerning rent control on the ballot. Councilmember Hodges stated that one week is not enough time to be fair to either side, and she had no problem placing it on a November ballot, and she wanted to hear from the Rent Control Commission and the department. Councilmember Reller-Spurgin stated that it can be accomplished in one week if that is (085— necessary; that the Council is talking about looking at government in different ways, and that 001) placing it on the ballot will mean looking at it and making a decision, and she would like to direct staff to have appropriate action at the adjourned meeting March 9, i.e., to continue application of rent control on mobilehomes, but not on all other rentals. In response to question by Council, City Clerk stated that the initiative process can either be by the Council, or by petition; and that a 10% valid signature count would place a measure on the next regular municipal election, and 15%% would mandate a special election. Council Minutes 3-2-94, Page 5 Mayor stated that he opposes rent control, and the problem relates to providing adequate affordable housing;that State law mandates providing affordable housing and apartment owners are saying that they cannot get the rents under rent control and are restricted to improving their properties and he was concerned about rushing into the subject, which may cause confusion with the two other ballot issues which need to be passed. He suggested drafting action for March 9, and during the interim the Council could be thinking about the concept; and that he felt it was necessary to keep rent control on mobilehomes , Councilmember Lyons stated that he felt rent should be dictated by the market forces and he agrees that the two measures are very important, and should not bo jeopardized by confusion on the ballot; and that he would not oppose placing rent control on the November ballot Councilmember Reller-Spurgin stated that when a person purchases a mobilehome, they are responsible for its maintenance;however, apartment owners must maintain their properties not Olt ) the tenant, and right now that is not happening because they cannot get enough rent under rent (08 G_ control. 0044) Councilmember Schlendorf stated that the Council has a socio-economic responsibility to show that people have a reasonably economical place to live and she felt the Council has worked hard in putting low/moderate income housing on the market, and more will occur as redevelopment takes place; that she did not feel rent control is necessary on condominiums or apartments,but agreed it is needed for mobilehomes;that she felt it was time to hear from the public again, and that the dynamics in the coimnunity are not the same as in 1990; that it will not be expensive to put the issue on the ballot in June, and she would like to look at finding a way to make it exclusive to mobilehomes. Councilmember Reiter-Spurgin agreed, and stated that the Council is pro-business and must be business friendly. City Attorney stated that an ordinance world have to be drafted, which is what would be voted upon and the decision binding rather than advisory vote, and if it is possible he will come back ' with a measure that the Council could adopt, or if it becomes too complicated for such a short time period, he will so advise the Council. Councilmember Hodges questioned if this matter was properly on the agenda, and felt it was stretching the agenda. City Attorney stated that no action was needed, and he felt there was enough discussion for him to proceed, as would occur if any one member made such a request. 5. P.S. VISITOR GUIDE Recommendation: That the Council approve revised proposal for a 3-year contract with Desert Publications, Inc., to publish the P.S. Visitors Guide. Councilmember Schlendorf and the Mayor stated they would abstain for reasons previously recorded. Director of Marketing & Tourism reviewed her report, noting that the provider has offered a counter-proposal to that previously submitted, which provided there would not be a city (050- subsidy, that hotel rates would be$150 the first year, $165 the second and$185 the:third year, 001) the number of copies published would be 200,000, and a more cost-effective paper would be used. She stated that inserts are included in the proposal, which are currently being paid for and provides data the City needs to evaluate the program. Minute Order 5316 as reconwiended, was presented; after which, it was moved by Hodges, seconded by Lyons, and carried by the following vote, that MO 5316 be adopted: AYES: Hodges &Lyons ' NO: Reller-Spurgin ABSENT: None ABSTAIN: Schlendorf&Maryanov Council Minutes 3-2-94, Page 6 6. COUNTY SERVICE AREA (CSA) 152 Recommendation: That the Council approve agreement for administrative services by the County for County Service Area 152, to fund the Best Management Practices Program, Federally mandated by the National Pollutant Discharge Elimination System Program (NPDES), A3349. ' City Engineer reviewed the memorandum of the Director of Public Works, noting that the agreement provides how the assessment would be collected and reimbursed back to the City; that the assessment is based on a benefit unit and spread against properties in the same manner (123— as the recent parks maintenance district; that budget will be presented to the Council at a 016) subsequent meeting, which when adopted will put into effect the assessment; and that the Council's options are: proceed with the CSA, adopt the budget and pay for the NPDES, annually estimated at$370,000;increase the existing deficit by the same amount and fund costs in a direct way; or ignore the NPDES requirement and face fines, court action, or jail. He stated that the city retains 94% of the assessment, which is the $370,000. Councilmember Schlendorf questioned when the Council was going to take on the federal government and unfunded mandates, and questioned why this did not come out of gas tax funds. Mayor stated that he agreed federal mandates should be opposed, however, Palm Springs should not pay the legal cost of doing so, rather it is a problem throughout the country. Minute Order 5317 as recmmnended was presented; after which, it was moved by Reller- Spurgin, seconded by Lyons, and carried by the following vote, that MO 5317 be adopted: AYES: Hodges, Lyons, Roller-Spurgin, &Maryanov NO: Schlendorf ABSENT: None 7. MUNICIPAL CODE AMENDMENT- AIRPORT COMMISSION Recommendation: That the Council amend the Municipal Code to repeal the existing Airport Commission, and create a new 13-member advisory commission, to be known as the, "Palm Springs Regional Airport Coinmission," and to include valley-wide representation. Director of Aviation stated that the membership would be divided in that seven members would be appointed by Palm Springs, one each by the cities of Palm Desert, Cathedral City, Rancho Mirage, and Indian Wells, and one member appointed on a rotation from the remaining cities, and other members would be ex-officio. City Manager stated that the commission made a recommendation concerning the employment (060— of the Director of Aviation, and as a council-manager form of government he did not 001) recommend its inclusion. In response to question, Director of Aviation stated that the Commission's recommendation, with the exception of the suggested additional duty No. 16, was unanimous. Councilmember Hodges agreed with the City Manager that under the city manager form of government, Item 16 is not an option; and questioned why the appointing process (by the Mayor confirmed by the Council) was not the standard process in the membership section. City Attorney stated that it is a minor clarification and can be reworded. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.16 OF THE PALM SPRINGS MUNICIPAL CODE, BY REPLACING THE EXISTING CHAPTER IN ITS ENTIRETY WITH A NEW CHAPTER ESTABLISHING THE PALM SPRINGS REGIONAL AIRPORT COMMISSION WITH VALLEY-WIDE REPRESENTATION. It was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, that further reading be waived and that the ordinance be introduced for first reading, including standard language concerning the appointment approval by the mayor/council. Council minutes 3-2-94, Page 7 S. GRAND PRIX Recommendation: That the Council approve a five-year agreement with Madison Alley,Inc., to produce the Grand Prix of Palm Springs, A3350. Director of Parks, Recreation &Golf Course reported that six producers expressed an interest in doing the race; that three submitted proposals; and that one withdrew; that Madison Alley , has national sponsor, a vintage care show, major advertising and ;promotion campaign, and ESPN is negotiating for filming production to be shown later; that the track layout has been looked at and the proposal is to keep the eastbound side of Tabquitz open for two-way; that the Commission voted 6-0 to approve it; and that the agreement calls for a 30-day no cause cancellation. In response to question by Council, City Manager stated that Prime Ticket withdrew stating (050) that it did not have enough time to make a recommendation to the Commission; that the process was reviewed and he, felt they were given the opportunity, and advised they could appear this date, and they chose not to come. Don Watt, Chairman of thre Commission, stated that a producer has been sought for sometime, and Madison Alley was the only producer to address the invasiveness of the race and to work with Main Street and make it beneficial to everyone. In response to questions by Council, Director of Parks & Recreation stated that the event is planned for the third week in November; that the promoter has until January 1 in which to present the plan for the following event, and cannot back out after that date; that any direct city costs are to be reimbursed, and language call be stipulated that it includes other costs as well as police; that the agreement does not limit the event to the current site, only that city must make streets available, and it is recognized that the current site most like,ly will not continue because of the casino; that the City will receive the total revenue from memorabilia sales, and that can be more clearly stated in the agreement; and that promoter was cotufortable with the January 1 date by which he must provide the schedule of events and sponsors for the next race. It was the consensus of the Council the report on events and sponsors be provided by January 1 and subject to Council approval by February 1. Minute Order 5318 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Lyons, and unanimously carried, that MO5318 be adopted, subject to language of the agreement in form approved by the City Attorney. 9. LABOR NEGOTIATIONS -LEGAL COUNSEL Recommendation: That the Council approve an agreement with Morgan, Lewis &Bockius for labor negotiation services for the 1994-95 fiscal year, at$175/90 per hour for counsel and paralegal services, A3351. City Manager highlighted his memorandum. Councilmember Reller-Spurgin asked that language in Section D. be modified to provide that the negotiator report to, and receive direction from the City Council; that an intermediator (110— often loses something in translation; and in fairness to the City Manager, the negotiator should 002) related directly to the Council. Mayor stated that the Council should get a report, and if it wants, it can have the:negotiator discuss the issues in closed session. City Manager stated that he understood the concern, and that the Council should be in communication with the negotiator, since it will be making the final decisions. ' Minute Order 5319 approving agreement, with understanding that the negotiator shall cormnunicate with the Council, was presented; after which, it was moved by Reller'-Spurgin, seconded by Lyons, and unanimously carried, that MO5319 be adopted. Council Minutes 3-2-94, Page 8 10. GOLF COURSE EXPANSION-LANDSCAPE ARCHITECT Recommendation: That the Council approve agreement with TKD Associates for landscape architectural services for the golf course expansion, CP93-35, for $35,000, A3352. City Engineer reviewed the memorandum of Director of Public Works, and responded to' (092- question by Council that the costs for the work was included in the initial overall budget. Minute Order 5320 as recommended, was presented; after which, it was moved by Hodges, 010) seconded by Lyons, and unanimously carried, that MO5320 be adopted. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at meeting) All. HARVEST &WILDFLOWER FESTIVAL - CARNIVAL Reconunendation: That the Council approve agreement with Ralph E. Christiansen, dba Christiansen Amusements, to provide a carnival for the second annual festival,March 24-April 3, A3354. In response to question by Council, Director of Marketing&Tourism stated that the operator (050- plans to use volunteers where possible, otherwise temporary help at $7/hour. 023) Minute Order 5321 approving the agreement as recommended, was presented; after which, it was moved by Reller-Spurgin,seconded by Schlendorf,and unanimously carried, that MO5321 be adopted. Bll. PSTV BOARD APPOINTMENT It was the consensus of the Council to open a 10-day recruitment to fill the two appointees to the P.S.T.V. Board of Directors, as provided under the agreement, and then to interview candidates. CONSENT AGENDA: 12. Res 18339 authorizing submittal of the Airport Noise Exposure Maps, developed by Coffman (051- Associates, to the FAA. 046) 13. MO 5322 concurring with O'Donnell Golf Club Board of Directors in allowing the course to (050- be used as a site for the COncours D'Elegance Sunday, March 27, 1994, during the second 023) annual P.S. Harvest &Wildflower Festival. 14. MO 5323 awarding contract to Conrad &Associates to perform the 93-94 financial audit for (058- the City for$43,102,and up to$6,300 for the City's Comprehensive Annual Financial Report, 001) A3353. 15. Res 18340 amending the Comprehensive Fee Schedule to add a $15 fee for the receipt and (114- filing of the report of a repossessed vehicle, pursuant to new State law (G/C 26751 &41612) 008) 16. Res 18341 and 18342 approving Payroll Warrants and Claims &Demands. Councilmember (086) Reller-Spurgin abstained on No. 883852. 17. MO 5324 approving MOU between the City, the Redevelopment Agency and the Tribal (124) Council (see CRA Item b). It was moved by Lyons, seconded by Schlendorf, and unanimously carried, that Resolution ' 18339 through 18342 and Minute Orders 5322 and 5324 be adopted; see Item 16 for abstention. ADDED STARTERS: (Determine eligibility for consideration) REPORTS &REQUESTS r)nRV Council Minutes 3-2-94, Page 9 18. DEPARTMENTAL REPORTS - Received for filing a) December, 1993 Quarterly Financial Report (previously]provided at 1-26-93 study session) b) Treasurer's Monthly - December, 1993 CITY COUNCIL reports or requests , a) Councilmember Schlendorf requested that discussion on dollar amount for consent agenda items be placed on study session agenda. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to March 9, 1994, 7:30 p.m., Large Conference Room; thereafter to be adjourned to Saturday, March 12, 1994, 9 a.m., Convention Center, for budget discussion. UDITH SUMICH City Clerk