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HomeMy WebLinkAbout1994 - MINUTES - 11/2/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 2, 1994 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 2, 1994, at 6:00 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, Kleindienst, Lyons, Reller-Spurgin, and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 262 , and an invocation by Dr. Ross Laidlaw, P.S. Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on October 28, 1994. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION(All Entities)- See items on Page 5 of agenda this date, two items added to Closed Session agenda, upon motions duly made, seconded and carried, determining such items eligible for consideration. FINANCING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY - No business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the propose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PRESENTATION: Mayor presented Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association - for Comprehensive Annual Financial Report, to Ronald M. Everett, Accounting Manager and Nancy Klukan, Accountant II. HOUSING AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the Housing Authority; after which, members reconvened as the City Council. APPROVAL OF MINUTES: It was moved by Kleindienst, seconded by Hodges, and unanimously carried, that the Minutes of October 12, 1994 be approved. PUBLIC HEARINGS: 1. CUP 5,0648 - P.S. MARKET FAIR Consideration of appeal from Pluming Commission decision concerning fencing along Ramon Road frontage, and concerning placement of vending machines within the project site. Director of Planning&Building presented plan of the facility, noting that details are described in his report, for the portion of the fencing which is under appeal. Mayor declared the hearing open. Emily Hemphill, Best, Best & Krieger, attorney for the appellant, explained the objectives of (078- the fencing, i.e., to provide a security for vendors, and to create a windbreak and scenic area 042) by planting oleanders to grow over the chain link fence; that the vending machines are dispersed in order to attract buyers to other areas, and a cover has been made for them, which the Director of Planning &Building viewed in the field this date, and the machine lighting is tuned off at night,which should provide the screening the Planning Commission is seeking; and she asked for approval of these matters without having to go back to the Planning Commission. Fred Northdmft, appellant, displayed the canvass prototype, adding that the advertising will be removed; and reported on result of his research concerning oleanders, and the questions raised by the Commission. Council Minutes 11-2-94, Page 2 Darrell Meeks commented that most supermarkets have vending machines outside of their front doors, and he doubted that the City was ever consulted about doing, so, and that it would be discriminatory in this case to not allow them. Ile also commented regarding the business license fee for the swap meet, which he considered excessive, and that there should not be added license taxes for persons who already ply the license lax. Bill Gordon questioned what the rationale is for other cyclone fence's in the community, e.g., ' the Airport and Vista Chino retention basin. There were no further appearances, and the hearing was closed. In answer to questions by Council, Director of Planning & Building stated that the developer originally proposed the use of wrought iron, which was approved by the Commission, and that the chain link was installed without approval, cited, and appealed; that vending machines were not a part of the original application; that the CUP approved by die Council was specific as to location of improvements and activities, and the staff has been erdorcing that permit. Counrilinember Kleindienst stated he was not opposed to the chain link in place of the wrought iron, because the oleander growth will cover it, but was concerned ihat the process was not followed; that regarding the vending machines, he understood the: rationale for disbursing them, and accepted that, and favored screening them and turning off the lights; and that he was concerned about establishing precedence for more chain link fencing plans to be submitted, i.e., along the scenic corridor. He added that if there is no attempt to make it a scenic corridor, as it is designated, it will never happen. Mayor stated he favored adding a condition that if the oleander screening does not work out, the Council can require a revised fencing plan; that it is not onerous to request the additional condition, in that it would not be activated unless the existing plan did not work out; that it would reserve the right to do something if necessary; and he restated that wrought iron was approved, and agreed upon by the developer, and then was change(.:[ without approval. Councilmember Reller-Spurgin stated that the project is a big improvement compared to what was there before, and she did not think the requirement was a pro-business attitude. Councilmember Hodges stated that she did not favor adding conditions; that she did not think there was going to be a problem of the oleanders growing and covering the chain link; that further conditions are not necessary; and that she did not think the vending machines needed to be covered. Councilmember Lyons stated the added condition could result in an arbitrary decision to install wrought iron, and the Council cannot be capricious because there is so much remedly in law. Resolution 18501 overruling Planning Commission action, and granting [lie appeal, was presented; after which, it was moved by Hodges,seconded by Reller-Spurgin, and carried by the following vote, that R18501 be adopted: AYES: Hodges, Lyons & Reller-Spurgin NOES: Kleindienst & Maryatrov ABSENT: None PUBLIC COMMENTS: a) The following persons spoke on matters not related to an agenda item: Opinions expressed concerning Measure KK: Stan Serasky, Herb Bernbaum, Sol Sandfield, Darrell Meeks, Myra Goldwater, Carroll Smith, Dick Sroda, Lucille ' Valley, Karen Aguilar, Matilda Jones, Fred Ebeling, Jim Jones. Joe Caldra (?) commented that the Council still had time to make a statement about Prop. 187. Ron Cole commented that Sardine has imposed a billing on taxicabs to cover legal contingencies, and asked Councilmember Kleindieust to book into it immediately as a representative to the Sunline Board. Council Minutes 11-2-94, Page 3 b) Comments concerning Item 9: Steve Bare spoke in support of the item on behalf of the Building Industry Association. LEGISLATIVE ACTION: 2. MUNICIPAL CODE AMENDMENT- BUSINESS LICENSES Recommendation: That the Council amend the Municipal Code to clarify conditions for temporary retail sales at city sponsored or authorized events; and that the business license tax for swap meets is based on a daily, per space fee. Director of Finance & Treasurer reviewed his report, adding that the actual tax rates are in a separate section of the business license ordinance, to which reference is made in the proposed ordinance. Councilmember Hodges stated she opposed the rate structure, and felt it should be $2 per vendor regardless of the number of spaces, and that if calculated at a full year, a person could pay $355, but a retailer downtown pays $67. In response to questions by Council, Director of Finance stated that the minimum license of $67 is based on 1-2 employees; that generally the larger the store, the more employees, and the higher the tax; that the swap meet tax was based on a similar rationale; that each fixed location is charged a business license; (hat concerning special events, the recotmnendation was (064- to avoid a confrontation, however, staff could look at an amendment that would allow 003) confiscating merchandise being sold at special events for which there is no license. Councilmember Kleindienst stated that concerning the special event, his suggestion is to impound the items, and perhaps return them after the event, so long as the unlicensed sales do not take place, such as happened to the Fireworks Program this year. Discussion followed whether to split the two issues in the ordinance; Councilmember Hodges stated that she would oppose the ordinance, because she did not agree with the rate for the swap meet vendors. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.84.420 OF THE PALM SPRINGS MUNICIPAL CODE TO CLARIFY THAT TEMPORARY RETAIL SALES AT A CITY SPONSORED OR CITY AUTHORIZED EVENT MUST HAVE WRITTEN AUTHORIZATION FROM THE PROMOTER OF THE EVENT, MUST MEET APPLICABLE ZONING ORDINANCE PROVISIONS, AND HAVE A VALID RETAIL SALES TAX PERMIT; AND ADDING SECTION 3.84.365 TO ESTABLISH A FIXED DAILY RATE FOR SWAP MEET VENDORS. It was moved by Lyons, seconded by Kleindienst, and unanimously carried to waive further reading; and it was moved by Lyons, seconded by Kleindienst, and carried by the following vote, that the Ordinance be introduced for first reading: AYES: Lyons, Kleindienst, and Maryanov NOES: Hodges and Roller-Spurgin ABSENT: None 3. MUNICIPAL CODE AMENDMENT - ROOM TAX Recommendation: That the Council amend the Municipal Code to clarify the minimum type of records that must be maintained by a hotel; and concerning the Tax Administrator's authority related to the tax requirements of the Purchaser when a hotel is sold. In response to question by Councilmember Kleindienst, City Attorney stated that the word (140- "escrow" does not refer to the business of escrow, rather to record keeping procedures, and 002) Councilmember Kleindienst has no conflict. Council Minutes 11-2-94, Page 4 3. MUNICIPAL CODE AMENDMENT - ROOM TAX 3 City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.24.140 TO CLARIFY THE MINIMUM TYPE OF RECORDS TO BE MAINTAINED BY HOTEL OPERATORS AND ADDING , SECTION 3.24.225 TO CLARIFY THAT THE TAX ADMINISTRATOR HAS THE AUTHORITY TO DETERMINE THE AMOUNT OF TRANSIENT OCCUPANCY TAX, PENALTIES AND INTEREST WHICH MUST BE WITHHELD 13Y THE PURCHASER OF A HOTEL AND THE AUTHORITY TO REQUIRE THAT AMOUNT TO BE REMITTED TO THE CITY. It was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried, that further reading be waived, and the Ordinance be introduced for first reading. 4. CITIZENS ON PATROL PROGRAM Reconvnendation: That the Council authorize die development nul implementation of a Citizens on Patrol Program through the Police Department. Police Chief presented his report, and responded to questions by Council, noting that only a few cities have undertaken this type of program, and the one which seems the most successful utilizes 3-6 volunteer cars which requires one additional field officer; that volunteers may be (113- covered by city insurance as are Mounted Police, but he would have to check on that in more 001.) detail; and that before proceeding with a refinement of the programm, Council direction was being sought. Minute Order 5460 as recommended, was presented; after which, it was moved by Reller- Spurgin, seconded by Kleindienst, and unanimously carried, that M05,160 be, adopted. 5. SEWER MASTER PLAN Recommendation: That the Council accept the Montgomery Watson Sanitary Sewer Master Plan report, which identifies system deficiencies and outlines future capital improvement program projects required to correct diem. City Engineer reviewed specifics of the plan, explained the purpose of the plan, and how die conclusions and priorities were reached by the consultant and staff. He responded to technical (128) questions of the Council. Minute Order 5461 as recommended was presented; after which, it was moved by Reller- Spurgin, seconded by Klcindienst, and unanimously carried, that M05461 be adopted. 6. WASTEWATER FACILITIES MANAGEMENT PLAN Recommendation: That the Council accept the Montgomery Watson Wastewater Facilities Plan which outlines how to expand the facility to meet growth requirements projects by the General Plan, and an evaluation or current operational deficiencies based on performance; and amend the budget to appropriate$300,000 for additional design costs for a new Wastewater Treatment Plant. City Engineer reported that the plan culminates a review of the existing deficiencies at the (127- planl and an analysis of the 20-year build out, and includes comments about a satellite plant 001) north of Vista Chino, east of Gene Autry Trail, to serve 1.5 ni and that a financing plan will be brought to the Council in the future. Ile responded in detail to a variety of technical ' questions concerning plant operations, and use of effluent water far other users. Minute Order 5462 accepting the Plan, and Resolution 18502 amending the budget were presented; after which, it was moved by Kleindienst, seconded by Lyons, and unanimously carried, that M05462 and R18502 be adopted. Council Minutes 11-2-94, Page 5 7. DESERT WATER AGENCY Recommendation: That the Council approve an agreement with Desert Water Agency for sanitary sewer effluent reclamation pipeline, and waiver of DWA capital fees for services to the municipal golf course expansion, A ; and amend the budget to appropriate $600,000 for design costs for a new feeder line between existing plant and the DWA plant. City Engineer highlighted the recommendation; and City Attorney stated that the agreement ( ) could be approved subject to his review, however, if there are business points which need to be changed, it would have to come back to the Council. Mayor suggested this matter be continued to allow the agreement to be concluded. It was moved by Reller-Spurgin, seconded by Kleindienst, and unanimously carried, that this matter be continued to November 16, 1994. 8. MEMORANDUM OF UNDERSTANDING - EMPLOYEE UNITS Reconmiendation: That the Council approve Memoranda of Understanding with each of the Police Safety, Fire Safety and General Units for a two-year period, ending June 30, 1996. City contract labor attorney, Ray Kepner, reported that the contracts are for two years, with both year's as "status quo", which builds in stability and predictability, and is a positive measure against the fact that CPI goes up and not down each year, and he considered it to be a fully conservative agreement. Mayor detailed the various years in which the units last received pay increases, i.e., the police unit in January, 1992, and the other two units in January, 1993. Councilmember Hodges stated that Mr. Kepner was hired to represent the City's point of view; (fiat negotiations took place through May and June, during which many items were dropped by both sides, and others agreed upon; that impasse was reached, and a mediator was brought in for meetings in July and August; that in September, the Council had an offer for a status quo contract; that through that time, the Council was adamant about its position, and it was in agreement and she was proud of that togetherness on the issue; that she did not think the (110- concessions being asked for were out of line, and they would have been very beneficial to the 003) City; that the status quo offer was rejected by the Council, and the Council was at a point it (110- Could have implemented its plan; that between September 7 and 13, she felt something 004) happened which she was not a party to which caused the Council on September 13 to hear the same offer made by the City Manager, and to accept it; that she asked questions, but left the (110- meeting because she felt the decision to accept the contract had already been made; that she 005) felt the contract is a disservice to the City, the employees and the Council; that there could have been agreement in June, and $45,000 in legal costs, and the hardship, fear and anxiety, and low morale could have been saved; that she fell it was a terrible way for the Council to have acted and transpired on this particular negotiation; that she felt there were things that could have been agreed upon and negotiated; that the utility tax was approved for three years, and the contract removes two years from that time period, during which there can be no negotiation on these contracts; that 80% of the city budget is salary; and she questioned how the money will be made up in just one year, without looking at the entire picture. Councilmember Lyons stated that this agreement could not have been reached in June; that employees wanted a 6% increase; that in September it was a 3% increase, which employees considered a compromise; that the status quo contract is no raise, wi(h employees paying any increases in health costs over the contract period; that some units will have gone five years without a salary increase; that no salary increase can only be asked for so long, otherwise there is "war"; that there are a lot of hard political realities; that the Council accepted the status quo when it went from a one year offer to a two year offer, which was a compromise on everyone's part; and that there will be two years without any increases. Mayor stated that the Council could have imposed a contract, and "won the battle" but the proposed contracts "win the war"; that the Council worked with the employees that there will be no increases, and the Council can now move forward with cost cutting instead of being bogged down in negotiations each year; that there are marry things that need to cone forward, but only so much can happen at one time; that winning the battle would not have accomplished cutting costs and having better services, or being able to reinvent government to get things clone instead of spending time spinning wheels going nowhere; that there was nothing secret; TI - Council Minutes 11-2-94, Page 6 8. MEMORANDUM OF UNDERSTANDING- EMPLOYEE UNITS (Continued) that he looked at the terms and reached his decision independently; and agreed will] the two- year status quo, especially after learning how long the units had gone without any raises. He added that Mr. Kepner was the best choice, rather than using existing staff, even though lie did not like legal fees, and that the agreement accomplishes many things, not just holding the line on salaries. Councilmember Hodges stated that it was essential to go through the battle, but the: Council is not, giving credit to the employees and it could have ended up in.Lune with the same thing it is now considering; that it was not the desire of the Council then, and everyone has been put through a lot of misery. Resolutions 18503, 18504, and 18505 as recommended, were presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin, and carried by (lie following vote, that R18503, 18504, and 18505 be adopted: AYES: Kleindienst, Lyons, R.eller-Sputgin & Maryanov NO: Hodges ABSENT: None 9. MID-VALLEY PARKWAY ALTERNATIVES Recommendation: That the Council direct its representatives to various CVAG committees, and staff, to pursue alternatives to funding regional transportation improvements including future phases of the Mid-Valley parkway and other alternative transportation methods in order to reduce the current developer charged Transportation Uniform Mitigation Fee (TUMF);and consider a public vote to amend Measure A sales tax upward. City Manager detailed his memorandum, adding that request will be made for a revision of the TUMF fee and the mid-valley parkway; that one option may be to eliminate the fee and increase the 1/2 cent Measure A sales tax, and the recommendailion is to direct Council representatives to pursue such action. Councilmember Hodges stated that Measure A did not impose the TUMF fee, rattler the Riverside County Transportation Commission, and she questioned if the procedure should be to recommend that CVAG take the change to the RCTC. She added that RCTC covers more cities than the Coachella Valley, and [lie city is out numbered; that if it is to be that process, (123- there is ground work to be done before those other cities begin lobbying western Council of 020) Governments (WRCOG). Council member Kleindienst reported that at the last CVAG Tt msportation Committee:meeting, the discussion was to double the TUMF fee to raise more money for bridges, and to impose a valley wide assessment; that this proposal and that discussion are in Iwo different directions; that as [lie discussion unfolds, the Council's direction is helpful to him in knowing how to represent the City's interest; and he questioned how the difference between the loss of the TUMF fee and the Measure A increase would be recovered. Mayor noted that those issues will have to e explored, along wide alternative forms of transportation. In response to question by Council, City Manager stated that there, has been some dialogue with other cities, however, there has been no presentation made because there was no clear Council perspective to carry such presentation forward; that lie wanted to bring this matter forward to follow-up on discussion at the recent Council retreat, to:indicate a desire to pursue alternatives Councilmember Lyons stated that he sees the proposal as one possible alternative. Minute Order 5463 as recommended, was presented; after which, it was moved by Lyons, seconded by Kleindienst, and unanimously carried, that MO5463 be adopted. Council Minutes 11-2-94, Page 7 10. PD231 (ORD FOR SECOND READING) City Clerk read title of Ord 1484 amending the Zoning Map to provide,a change of zone from (116- W-0-5 and M-1-P to PD231; after which, it was moved by Lyons, seconded by Reller- 101) Spurgin, and unanimously carried, that further reading be waived, and that 01484 be adopted. ' 11. ADDITIONAL LEGISLATIVE ACTION (Satisfies agenda posting requirements; materials at meeting) CONSENT AGENDA: 12. MO Continued 11-16-94 approving change order No. 2 to Purchase Order 407137 for an (136- increase of$19,707 to contract with Chris Tree Service for additional palm tree trimming. 032) 13. See Item 20. 14. MO Continued 11-16-94 approving agreement with the National Association of Senior Citizen Softball to bring the 1995 Senior Softball World Series to Palm Springs, A_. 15. Res 18506 and 18507 approving Payroll Warrants and Claims & Demands. (086- 16. See Item 21. 17. MO 5465 approving agreement with the U.S. Dept Justice, DEA, to allow continued (113- participation in its drug enforcement task force, A3448. 001) 18. MO Continued 11-16-94 awarding contract to American Asphalt Repair & Resurfacing Co., (136- Inc., for$549,011.36 for annual slurry seal application on various streets, CP94-11, A. 041) 19. Motion concurring in the approval of settlement agreement with Jeremy Cracker (see CRA (133- ' Item above), A3449. 006) Following response to questions for clarification, Items 12, 14 and IS were continued to November 16, 1994. It was moved, seconded and unanimously carried to adopt M05465, Resolutions 18506 and 18507, and motion enumerated in Item 19 be adopted; Reller-Spurgin abstaining on Warrant 891929; and Maryanov abstaining on Item 19. 20. PUC ELECTRIC DEREGULATION Recommendation: That the Council authorize the City Manager to enter all agreement with Creative Power Management for public utility commission electric deregulation advocacy and monitoring consultant services for not to exceed$10,000; and amend the budget to appropriate funds therefor. Councilmember Lyons reported that on November 9, 1994, the PUC will hold its last hearing in this area (San Bernardino) on the issue of deregulation; that Mr. Brodie and he met and a (147- position paper is about completed, which will be presented at the hearing; that thrust to provide 004) access to the City to purchase power as rapidly as possible. Discussion followed as to the best means of circulating the petition to allow the Council to endorse it as a formal statement of the whole body; after which, it was the consensus to adjourn the meeting to Monday, November 7, 1994, at which time the paper would be submitted, and the contract finalized with Creative Power Management, with respect to this ' portion of consulting services; with other services to developed later. It was moved that this matter be continued to November 7, 1994, at 5 p.m. Council Minutes 11-2-94, Page 8 21. LEGAL SERVICES - EPA CLAIM Recommendation: That the Council approve an increase of$25,000 to ageement with.Holland &Knight to continue to provide legal services for in administrative appeal in connection with the City's claim for grant funds from the U.S. EPA, A2551L, Assist-wit City Manager highlighted his report, noted that $15,001) of the work has been accomplished, in an on-going effort to protect the City's claim and ;ctam the grant funds 1.27_ awarded in 1976 and 1981 in connection with the sewer plant expansion. 001) Minute Order 5464, as recommended, was presented; after which, it was moved by Hodges, seconded by Kleindienst, and carried by the following vote, that M05464 be adopted: AYES: Hodges, Kleindienst, Lyons & Maryanov NO: Reller-Spurgin ABSENT: None ADDED STARTERS: (The following item was determined eligible for consideration, upon motion duly made, seconded and unanimously carried). 22. SETTLEMENT AGREEMENT - CONVENTION CENTER TORT CLAIM Consideration of settlement agreement between Doris Jackson, Marlha Robi and P.S. Leisure Management Inc. and the City, reviewed by City Attorney, after which, it was moved by (139- Hodges, seconded by Reller-Spurgin, and unanimously carried, that M05466 be adopted, 001) A3450. REPORTS & REQUESTS: CITY COUNCIL Reports or requests a) Councilmember Hodges requested that the matter concerning Taxicab Regulation Task Force report be brought back to the Council agenda. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business,Mayor declared the meeting adjourned to Monday, November 7, 1994, at 5 p.m., Large Conference Room, City Hall. �� t JUDITH SUMICH City Clerk