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HomeMy WebLinkAbout1996 - MINUTES - 3/20/19960040 CITY OF PALM SPRINGS CITY COUNCIL MINUTES March 20, 1996 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, March 20, 1996, 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: Comrcilmembers Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst Absent: None The meeting was opened with the ,Salute to the Flag, led by Boy Scout Troop 199 and an invocation by Reverend T.C. Wilder, Ajalon Baptist Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on March 15, 1996. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 4 of agenda this date. PRESENTATIONS: PSHS Student Body Report; and Public Safety Recognitions to Blake Goetz, Fire Department Battalion Chief; and to Police Officers: John Booth, George Palomares, Alberto Franz III, and Elsner O'Dell. Mayor also presented a plaque to retired Commissioner Susan Kiskis, for her service on the Human, Rights Commission. HOUSING AUTHORITY; INDUSTRIAL DEVELOPMENT AUTHORITY; FINANCING AUTHORITY; COMMUNITY REDEVELOPMENT AGENCY: No Business APPROVAL OF MINUTES: It was moved by IIodges, seconded by Barnes,and unanimously carried, that the Minutes of March 6, 1996 be approved. PUBLIC HEARINGS: 1. STREET VACATION - TACHEVAH DRIVE Recommendation: That the Council vacate a portion of Tachevah Drive, east. of Bird Center Drive, in Section 7, pursuant to Resolution of Intention, setting this as time and place set for public hearing. (145- Director of Public Works highlighted the staff report, and no further report was given. 001) Mayor declared the hearing open, there being no appearances the hearing was closed. Resolution 18794 as recommended was presented, after which; it was moved by Spurgin, seconded by Oden, and unanimously carried that R18794 be adopted. INTERAGENCY REPORTS: a) Councilmember Oden commented on the Santa Rosa Mountain Conservancy meeting. b) Councilmember Spurgin reported receipt of $2,500 payment from Madison Alley towards P.S. Road Race debt. c) Mayor reviewed discussion regarding CVAG Transportation Committee; and reported that the PSDRCVB annual report will be forthcoming. 1 I 0041- Council Minutes 3-20-96, Page 2 PUBLIC COMMENTS: a) Comments regarding item 4: Ron Cole, Taxi Operator, stated that Sunline has requested that the taxi ' regulation be moved to the Sunline Services Group; that in his opinion, the regulation would be better served under the control of the City of Palm Springs; and requested a legal opinion whether there is a conflict of interest with taxis (143- being regulated by a transportation company. 005) Linda Cooper Lee, resident, stated that the issue of Sunline Transit does need to be addressed; that the Sundial system does not respond; that in her opinion the Council only listens to the business and hotel community; and urged the Council to vote no on the matter. Darrell Meeks, resident, stated that the Council previously voted to review this matter, and in his opinion, Sunline should not be the regulatory agency. He also commented concerning Item 6, noting that the Suits' manager met with the Parks and Recreation Commission and offered to pay $300 per game in payment toward the debt, yet the staff only recommends $200 per game. Fred Ebeling, 2460 Tuscan Road, stated that the Taxi issue should be acted on; that dialogue is limited with the Council; that the Council does not have an obligation to respond, but that the citizens need to know where the City Council is headed; and that if more dialogue was encouraged, more participation by the citizens would occur. b) Comments regarding item 2: ' Betty Tuminello, requested Council passage of the Resolution concerting Proposition 199. Stan Serasky, El Dorado, acknowledged Council participation at the El Dorado (098- Mobile Home Park Prop 199 rally; and urged the citizens to vote no concerning 003 ) the ballot proposition. c) Comments regarding item 5: Darrell .Tames, Aruba Resort Apartments, and Visitor and Promotion Board (050- Member, supported the recommendation of the Board, and ,stated that the Visitor 001) Guide is a publication for general consumption; that with the freedom of expressing oneself comes responsibility; that the Guide should be published in good taste; and he recommended the Council approve the advertising guidelines. d) Comments on matters not on the agenda: Nina Brady, reviewed and submitted a letter, a copy of which is on file with the (050- City Clerk, and added that she has been a participant in Villagefest since the 018 ) event started; that the rules have changed since its inception; and that her business should be grandfathered in. Mary Mazeram, requested Council attendance and community participation in the upcoming Fashion Show, April 28, 1996, Spa Hotel, 5 - 8:30 p.m., sponsored ' by the Palm Springs Police Citizen Academy. Nancy Leichtfuss, 68375 Walker Street, Cathedral City, reviewed a prepared report, a copy of which is on file with the City Clerk, concerning her (064- qualifications as a myopathic muscle therapist, and requested Council 001) consideration of issuance of a business license - she is currently seeking a Planning Commission determination to allow this type of occupation, other than as permitted by City code. Judith Sumich, City Clerk, presented donations from various Department 0042 Council Minutes 3-20-96, Page 3 Directors, including the City Manager, Assistant City Manager, and City Clerk, of the City to "The People are the City" City Hall renovation fund; and challenged all facets of the Community to participate. David Aleshire, City Attorney, also presented donation to the renovation fluid, on behalf of Rutan & fucker. LEGISLATIVE ACTION: 2. MOBILEHOME FAIRNESS & RENTAL ASSISTANCE ACT - PROP. 199 Recommendation: That the Council restate its opposition to Prop. 190 on the March 26, 1996 Primary Election ballot, because of its misleading title and detrimental impact on local and state mobilehome rent control ordinances. Rent Control Coordinator indicated availability for questions. Councilmember Spurgin stated that mobilehome owners must maintain their coaches, unlike apartment tenants, and only rent the land; that the Council supported Measure KK, (098- because it did not include mobilehome parks; and she does not support Measure 199. 003 ) Mayor noted that the Council also adopted opposition to the Proposition last July. Councihnember Spurgin noted that it was unanimously adopted then, and this new Council may do so also. Councilmember Hodges stated the proposition is extremely misleading, and only benefits the mobilehome land owner; that the proposition will remove control from local government and give it to the State; and she fell that was a very important consideration, in that it will not do what is best for the community. Councilmember Barnes stated that when he was a mobilehome owner, he saw the value of the mobilehome go down, while the land increased. Resolution 18795 as recommended, was presented; after which, it was moved by Spurgin, seconded by Odell, and unanimously carried, that R18795 be adopted. 3. MUNICIPAL CODE AMENDMENT - CURFEW Recommendation: That the Council amend the Municipal Code to include school age children during school days and hours, and to allow for the enforcement of and purrishtnentfor violators of the ordinance. City Manager reported this matter would be rescheduled for April 3, 1996. 4. TAXI REGULATORY IMPLEMENTATION AGREEMENT Recommendation: That the Council approve implementation agreement with the Sunline Services Group for taxi regulatory activities, A. City Manager reported that this matter was requested to be brought to the Council by Sunline; that the action transfers regulation from the Sunline Transit to the Suiiline Service Group; that some language needs to be clarified by the City Attorney, and the Director of Transportation; that closure is needed; that he recommended that Counciltnembers Hodges, and Spurgin review the agreement, and allow staff time to complete its review, and to return this matter by April 17. Councilmetnbers Hodges and Spurgin agreed to serve as a subcommittee. Question was raised to clarify the purpose of the subcommittee. Councilmember Spurgin stated that she believed the Council opposed this action in the past; that she did not mind looking over the document, but felt the purpose of the subcommittee was to establish the City's own taxi regulatory services for Palm Springs. Councilmember Hodges concurred, and stated that she opposes the agreement, and it can be looked at, but she is not interested in being part of that, but rather how to do it alone; that such was said last year, and she did not think it necessary to review the agreement, and look at it again in three weeks. (143-- 00 5,) 0043 Council Minutes 3-20-96, Page 4 4. TAXI REGULATORY IMPLEMENTATION AGREEMENT (Continued) City Manager stated his objective was to look at the broad picture, and to see what problems there may be for Sunline if the action is not taken, regarding its accounting process. Mayor noted that the agreement permits termination in 30 days, and questioned if the committee reviewed the document, it may also continue beyond that regarding independent taxi services. In answer to question by Council, City Manager stated that non -approval of the agreement as this time does not mean there are no taxi regulations, but ultimate consequence will be that Sunfine will be in a quandary, in that it cannot continue processing the taxi service through the Smilhne bus accounting system, and is trying to move that function to the Sunline Services Group, to avoid co -mingling of accounting; that the agreement is changed from last year, in that it permits a 30-day cancellation rather than 90, that by April 17, it should be concluded as to relationship to the agreement, and what is the plan as to relationship to taxis in Palm Springs, per se. He stated that there are no immediate consequences to Suniline for the City not acting at this time, but action is needed by June 30. In answer to questions by Council, City Attorney stated that there is a 30-day right to withdraw from the agreement; at that time the respective city share of any liability of the SSG must be paid; that the potential dollar amount at that point in nine is unknown; that if the agreement is never entered, there is no liability; that if there is a significant possibility that the Council does not want to participate, then it may not wish to get into the chain of title; that the procedure for withdrawal is simple; and that there may be no financial liability in place at this time. He also stated that withdrawal from the agreement currently in place regulating taxis would have to be looked at in terms of any liability to ' Smiline Transit; that the theory was that taxis would be regulated though a separate implementation agreement; that other cities have approved it, but Palm Springs has not; and that lie has not reviewed any potential liability from that standpoint. Consensus of the Council was that the subcommittee, utilizing the assistance of the City Attorney and City Manager, shall look at the agreement and report back to the Council by April 17, and by that time, determine if it is desired to approve the agreement, and what should be the next step. It was moved by Barnes, seconded by Spurgin, and unanimously carried, to refer this matter to a subcommittee of Councilmembers Hodges and Spurgin, as concluded above, with a report back on April 17, 1996. 5. ADVERTISING GUIDELINES - P.S. VISITORS GUIDE Recommendation: That the Council approve guidelines for advertising in the Palm Springs Visitors Guide, as recommended by the Visitors & Promotion Board. Director of Tourism reported that the City currently contracts with Desert Publications to produce the Visitors Guide for the City of Palm Springs; that 200,000 copies are published per year, most of which are used to mail back to people who have responded to the advertising; that City has always retained the right to approve all content of the publication, including the advertising; that a little over a year ago a photo was submitted, which raised some problems with the Visitors & Promotion Board; that after much ' discussion over the past year, including meetings with some of the hoteliers who were involved in this, and a full review by due entire Board, it adopted the set of guidelines presented to the Council at this time; that the first guideline, concerning "no nudity" has raised the most objection, and there are a few hoteliers who feel they need it to advertise their hotels. (143- 005) (050- 001) 004 Council Minutes 3-20-96, Page 5 5. ADVERTISING GUIDELINES - F.S. VISITORS GUIDE (Continued) In answer to questions by Council, Director of Tourism stated that he did not think photographs showing people laying face down on massage tables, under the proposed guidelines would necessarily be nudity, unlike the one which raised the problem and is referred to in the report, and was very clearly nudity; that in that instance it was submitted by a "nude" hotel; that the Commission wanted the Visitor Guide to reflect the City in the best way possible, and to also celebrate the diversity of the Hotels community, and it felt that could be accomplished without showing nude people in their photographs. Councilmember Hodges stated that her first concern and reaction was that the publication was becoming so bland and generic, that virtually only vacant pools would be shown, because no one could be in them, and that such scenes do not entice people to come to Palm Springs, to come to see vacant pools; and that she would like to see the newest Visitors Guide. Mayor stated that lie did not think anyone oil the Council was interested in seeing blatant sexual acts or activities in the Visitors Guide; that he understood the need for sensitivity in any publication, especially one that represents the City; that his concern is that if the publication is too sterile, everyone will be too afraid to show people doing anything in the photo, and only empty pools are not very enticing; that some activity needs to be allowed, which shows people having full. Director of Tourism stated that photographs showing people per se are not prohibited; that there are photographs which show people having fun, and very few of the hotels have changed their photographs at all; that a couple of advertisers did get out of the publication, but there were also two which joined it who were not in before, because of some of the photographs that were in the prior publication in 1995, which was the first time for this specific problem. Councilmember Oden stated that if the situation only happened one time, this might be an over reaction to something that is not really a problem; that lie was concerned as to where something like this stops; that in the photographs there is distant activity, but not the type of activity where he could visualize his family; that they are mostly scenic views of the hotel, which also sells; and that he was concerned about restraints that the City might be placing on itself by following these trains of thoughts. Mayor stated that these are only guidelines of the Visitors & Promotion Board, until they go to are approved by the Council as official policy; that there are recommendations supported by a 8-0 vote of the Board; that Councilmember Odell made a good point concerning eye and body suggestive language, and the more subtle ones are not of concern, as the more blatant ones; that this has happened once, and not frequently as some of the fears which have been expressed; that photographs in these publications are used because die axiom, "A picture is worth a thousand words;" and simply say a nudist hotel or natural hotel does not sell as well as an image that would conjure that sort of establishment, and it is the delicacy of that which must be kept in mind when the hotel is photographed; that he did not have the answer as to how to advertise the fact of a nude hotel, but it is important to control to a degree the image that is in a City issued publication; and that perhaps it should be sent back to the Board with a recommendation to see if it can be more specific in certain areas, and a little me re latitude in others. In answer to question by Council, Director of Tourism stated that a key, or identify hotel amenities; that amenities were shown previously in the "bingo" card, however, the clothing optional hotels dropped out of the last issue, and that. particular "key" is not shown. (050- 001) I 0045 Council Minutes 3-20-96, Page 6 5. ADVERTISING GUIDELINES - P.S. VISITORS GUIDE (Continued) Councilmember Hodges stated that she was very disturbed when she first heard about the proposal, and questioned if it was legal, and if the City has the right to limit what may be First Amendment Rights; that she did not have a problem with a "key," but when one instance in 58 years as a City to suddenly have such harsh rules and guidelines, is totally inappropriate at this time; that it might necessary if every picture submitted is in poor taste, but there is a very high -quality hotel organization in the City, with very fine hotels, very fine hotel owners, and she did not think they needed to be limited in anyway, and they can use their own good taste and supply pictures to use that will be readily accepted by the community and the tourists, and encourage visitors to Palm Springs; that photographs taken from long distance, showing only a few people around a hotel pool, and lots of empty chairs is not very exciting; that the proposed guidelines would limit creativity, and she did not favor any of them. She stated that only the Council can set policy, and she had favored having the City Attorney look at the guidelines, but there was no support for that, and she was very upset about the whole thing, and there could have been a publication that would have been a lot better. Councilmember Spurgin noted that out of 200,000 publications sent out, there were only about a dozen complaints received; that in sending out her letters for the City Hall renovation project, out of 35,000 letters, she received only six complaint letters back; that not everyone is going to be happy, and no matter what decision is made, someone else is unhappy; that she agreed with Councilmember Hodges that this is an issue; that a general manager of a hotel who has massage in his hotel had to have his photographs (050- redone because ]re could not have a person, covered with a towel, laying on a table, 001) having a massage, and she did not think that was right. Motion was made by Hodges, and seconded by Oden, that the Visitors & Promotion Board continue as they have in the past, and the guidelines submitted be eliminated from the record. City Attorney stated that the comment was made that if an ad was submitted that was not in good taste, that staff should not have to proceed with it; and that he was concerned by that it was not clear as to what is the idea of "good taste;" and questioned if it was the Council's intent that there would basically be no guidelines, or that a substitute set of guidelines would be adopted, and if so, what will be the standard of review. Director of Tourism stated that there have not been written guidelines for the advertising. Councilmember Oden stated that although uncodified, the Board has been using something that it has discussed or otherwise is in agreement, as to standards to use in publishing the Guide, which seem to have been working, and in good taste; and they should stick with those. City Attorney questioned if the intent is that the guidelines violate First Amendment Rights, therefore the staff need only rely on the good taste of the person submitting it, or if it is the intent that there would be staff, or Visitors & Promotion Board ability, based upon some standard to accept or reject the materials; that he was more comfortable if there is a specified standard, than unwritten standards that can change with whoever is interpreting them; that if there is an intent that there be some discretion to accept or reject advertising, then there currently is a lack of definition what that standard is. Councilmember Hodges clarified that her motion did not cover First Amendment Rights, ' and such reference was her personal view, rather the motion merely covered the fact that the guidelines are not acceptable, and will not be enforced; that if the Visitors & Promotion Board wants to look at another set of guidelines and bring them forth, she had no problem with that; that she would like to see something that can be accepted by everyone; that whatever has transpired up and until these were adopted by the Board would seem to be those standards which would be enforced until something different is adopted; that it is the Visitors & Promotion Board's job to develop the guidelines for the 0046 Council Minutes 3-20-96, Page 7 ADVERTISING GUIDELINES - P.S. VISITORS GUIDE (Continued) Council to approve; that these are too extreme from where they have been, and need to address to all facets of the community, and to be acceptable to the City Attorney; and before new guidelines are brought back to the Council, they should be reviewed by the City Attorney, as to whether they are viable and enforceable. ' Mayor suggested that die Council be more specific, and go through the guidelines, to see where there may be agreement, or problems, otherwise simply referring to the Visitor & Promotion Boatel leaves it without direction or guidance as to what the Council wants it to do; and that this is an excellent opportunity to show that the Council can give a commission specific direction. Concerning the seven suggested guidelines, included in the Director's report, the following continents were made: 1. The word "nudity" needs to be defined. 2. The "in good taste and not offensive" needs to be clarified; also "ordinary vacation pursuits", as to in whose judgement that is made; also "overtly sexually suggestive" This is almost too benign, and is what results in photographs with swimming pools with nobody in them. Director of Tourism noted that the standard relates to the hotel accommodation section of the guide, and the accommodation should be accented there, so that the (050- potential visitor knows as much as they can about the hotel, as can be put in a 001) photograph. 4. No problem that it be submitted in a photographic form, and not in drawings, I except drawings in logos are acceptable. 5. Concur with no depiction of price or rate will be allowed in a photograph. All photographs will be submitted to the staff of the Palm Springs Tourism in a timely manner, allowing enough time to re -photograph the subject without undue hardships on the client ("client' being the hotels). Be specific as to "timely manner". City Attorney suggested that it be a staff obligation to establish a schedule to be distributed to the hoteliers "sufficiently in advance" so that they can meet the schedule. Mayor added with time to reshoot if necessary. Relates to final approval, and right to reject photographs. Some members agreed with the intent, but found the language abrasive. Question as to what "not specified" means. Director of Tourism stated that the guidelines contain the same language which is part of the boilerplate, used in contracts, that was intended to protect, the City against any unforseen things that might come along .and are not in the best interest of the City. Councilmember Bodges slated that may be good, but in reality, she did not think that it says that. r, M Council Minutes 3-20-96, Page 8 5. ADVERTISING GUIDELINES - P.S. VISITORS GUIDE In answer to question by Council, City Attorney stated that the existing policy was not developed with fire help, assistance, and interference of an attorney, and supports the lack of specificity which he expressed; that a typical situation in City ' ordinances, e.g., might list five or six things that are specific to the topic, and then a catch-all is added which provides for "anything similar to the foregoing" so that at least it sets the boundary, and something similar could be adopted for the advertising guidelines; that he can work with the Director to look at:, a) the idea being expressed, i.e., that there is a staff approval function; and b) to create something generic to address things which are unanticipated. In answer to question by Council, the Director of Tourism stated that July 15 is about the deadline for selling advertising in advance, and to publish it, which is scheduled for about August 15 and distributed by September 15. Councilmember Hodges slated she was concerned this could only be the beginning of what else can be censored in the future, nor did she think it is legal; that she wants a good publication, and thinks it has always been so, and she did not understand why such extremes have been applied in these guidelines, which seem to have trampled on a lot of people's rights; that she thought that it is more than whether the photographs of a hotel Will emphasize the hotel facility, but the censorship aspects of it is far more than the words on the page, and site did not know if that will be addressed with any amount of "legalese". Councilmember Barnes stated that like the Desert Sun has ownership of its newspaper and (050- therefore, can regulate what photographs can go into its newspaper, The City has 001) ownership of this publication which goes out to 200,000 people, potentially; and that some guidelines are needed to keep the publication in check, which is the Council's responsibility to make that decision; that as the guidelines were presented, he agreed they need to be fine tuned; and there needs to be some conclusion as to what they are in time for the publication to be printed. Councilmember Hodges stated that she also feels that some guidelines are needed, ones which are fair to the entire community, advertisers, public, tourist; and she did not feel the recommended guidelines does that. Mayor stated that the guidelines may go back and forth between the Board and the Council, and will take a lot of effort on the Board's part, working with the City Staff, and City Attorney, to generate something for the Council to review, and if that is not refined enough, it will go back again; that this will be a policy of the City Council; that being a City publication, the Council has an obligation to represent the City in what is construed as "good taste", and to define "good taste" in some form of guideline, or ordinance, or whatever format is determined appropriate; that he was confident in the staff, the Visitors & Promotion Board, and the input from the Hotelier's Association as well as hoteliers that are not part of the association to sit down and try to figure out something that makes sense; that guidelines looked at are not enough, they are too restrictive on one end, too "loosey goosey" on the other end, and sort of grainy on a third; that there is not enough there, but Ire thought the intent has noted the direction from the Council as fairly clear on some of the specific terminology, and it would now go back through the process for additional review; and until the Council adopts some guidelines, there are no guidelines. City Attorney explained the difference between the Council's regulatory role, and that as a proprietor of a publication, in that clearly under the sign ordinance, in regulating how everyone else puts rip their signage, there are very strict standards in terms of protection of First Amendment Rights and the City's ability to regulate content, which it absolutely cannot regulate content in terms of the sign ordinance; that, however, the hoteliers do not have the right to require the City to put out a publication that they can put advertising in; that it is something that the City chooses to do; that it is the owner of that publication, 1 • ' Council Minutes 3-20-96, Page 9 5. ADVERTISING GUIDELINES - P.S. VISITORS GUIDE and has the same type of editorial control as that of the Desert Sufi, or the publisher of Palm Springs Life; that those types of publishing agencies have standards in terms of what is acceptable and what is not; that lie thought the effort to establish some standards is something that is appropriate, if the Council wants that direction, or chooses not. to have any kind of editorial control, that would be perfectly legal and valid, as it is a policy issue as to what way the Council wants to go. Mayor stated that he thinks the Council has a fundamental responsibility to have some form of guidelines that control the quality of the publication; a responsibility to the Council, the citizens, to the visitors, and to the hoteliers,and how that is to be worded, is yet to be determined. Councilmember Barnes stated that he wanted to make certain that: the Board realizes that the Council deeply appreciates the effort it has put into this, and recognizes that the need for the guidelines, that this effort was great; and that the Council is only asking for some fine muing. Motion by Hodges, seconded by Oden, was modified to reject the guidelines as presented at this time, and provide Council direction for amendments thereto, as above described, specifically asking that the Visitors & Promotion Board and staff sit down and review them with the assistance of the City Attorney, and to coordinate its efforts with input from the Palm Springs Hotel Association, as well as the whole hotel community, which was unanimously carried. 6. P.S. SUNS AGREEMENT Recommendation: That the Council approve a first amendment to the license agreement with the Palm Springs Suns Professional Baseball Club, concerning compensation paid to I the City for use of the stadium. Director of Parks, Recreation Golf Course stated that the Commission recommended that the amendment change the term to a one-year contract, which could be renegotiated at that time; that the proposal provides for the Suns to pay a Bat rate, :rather than a percentage of concessions - $200 per game, for an estimated 45-50 home games in the 1996 season; that $20,000 is owed for the first year, and is not proposed to be waived, and to be repaid at $100 per game, paid directly from the concessionaire and not through die Suns, in return for no interest, the City to receive 1,000 tickets for promotional distribution as it chooses. City Manager stated that the desire is to see the team survive, and to establish payments (115- which are realistic, especially when the agreement is not a situation of a return for 002) services which the City provided. Councilmember Barnes stated that he wants the Suns to remain inn Palm Springs, and the payments Lobe realistic, and questioned if a $2,000 up -front good faith payment would be a hardship. Director of Parks, Recreation and Golf Course confirmed that it would, and responded to questions of Council, explaining how the formula for the concession payment was established in the original agreement, which resulted in the $20,000 figure, i.e., it was based on a projection of 70 home games, however, the League did not give the: team the ' number of games projected, which did not produce the amount of expected concession income; that there were 45 home games in 1995, and the $200/100 is about what was expected per game - $300; that the original contract was for 5 years, with 4 remaining. 0049 Council Minutes 3-20-96, Page 10 6. P.S. SUNS AGREEMENT (Continued) Mayor noted that the original formulas were based on a projected 70 home games, which were cut almost in half; that based on 70 games, the amount would be about $285 pr game, and using that amount for the 45 home games in 1996, the concession payment ' would be $12,857; that a reduced based, and using the $100 repayment formula, the debt would be repaid in three years. Councilmember Spurgin stated that the Council's job is to help people be successful, and the Suns team is an integral part of the community, and she was willing to work with (115- them. 002 ) Councilmember Hodges stated that she was also willing to work with them, and that if the payment plan is successful for this year, it can be renegotiated next year, and she was not opposed to the remainder of the contract amendment. Couucilmember Barnes stated that he was sympathetic and agreed with the concept of helping support the different entities that there are in the community; however, if a business comes forward to start up, and it has a business plan, and the market drops out of it, the City cannot be held to bail it out; that the debt owed should not be decreased; that the payment plan can be worked with, but he did not think it needed to result in a decreased debt. Councilmember Hodges stated that this is not a rental due, or for use of electricity, or ally tangle thing used for the game for which the City provided it, rather an amount or percentage of a factor that was supposed to come from the concessions; that if there were no revenues from the concession, under the contract, there would still be the obligation to pay, which did not make sense. ' It was moved by Spurgin, seconded by Oden, and carried by the following vote, that Minute Order 5708, approving amendment to the contract, providing the that outstanding debt shall be reduced to $13,000. AYES: Hodges, Oden, Spurgin and Kleindienst NO: Barnes ABSENT: None 7. CLASSIFICATION & COMPENSATION PLAN AMENDMENT - REORGANIZATION Recommendation: That the Council approve Amendment No. 5 to the Classification & Compensation Plan for 1995-96, concerning organizational changes. City Manager reported that this plan was discussed in Council workshop. He explained (061- the features of the reorganization, resulting in a Department of Transportation, which 020) combines the Department of Aviation and certain Public Works activities, i.e., streets, traffic and signal maintenance and cleaning, fleet maintenance facilities maintenance and co -generation operations, as well as new activities related to rail and Muni-lite (municipal electrical); that various classification titles are changed, but any adjustment in salary will depend on the results of the Ralph Anderson Study. He explained that Finance and Treasury will be moved from the Department of Administrative Services, and a separate operating Department of Finance and Treasury created; that the internal audit and revenue collection functions of Finance and Treasury will remain order Administrative Services, as a division to be called Office of Management and Budget, which will lead to increased revenues and efficiency by using audit resources to conduct audits instead of performing on -going financial operations; that two Community Preservation (Code Enforcement) Officers will be moved from the Fire Department to the Department of Planning & Building; and that the resolution was revised to add one Police Lieutenant (see Item 17). He stated that the code enforcement move will be effective April 1, and all others March 2t. 0050 Council Minutes 3-20-96, Page 11 7. CLASSIFICATION & COMPENSATION PLAN AMENDMENT- REORGANIZATION Mayor stated he appreciated the idea of a Department of Transportation; that there has been on -going dialogue about this subject, and this will improve and streamline transportation matters; that the concept of an OMB is an excellent: one, and gives internal control in audit that it did not have, and it gives the Council another opinion to consider; ' that the code enforcement move is an excellent way to recapture neighborhoods, and to utilize resources; and that he appreciated the fact that there were no salary changes, until the reclassification study is completed. Councilmember Spurgin stated that these matters are part of the City Manager's job. Councilmentber Oden stated that he initially had many questions, and he met with the City Manager to discuss those, and he satisfied his concerns; that he considers this a very good program. He questioned when the new date is for completion of the classification study. He also stated that another issue raised related to budget talks, and the utility tax, and the need to look at these changes and what the potential future impact will be on the budget. City Manager stated that the survey data is being collected, and there have been some delays in getting information back, and he understood it should be about mid -April. Resolution 18796 approving amendments, as revised adding a Police LT., and establishing an effective date of April 1, 1996, for the code enforcement officers move, was presented; after which, it was moved by Spurgin, seconded by Barnes, and unanimously carried, that R18796 be adopted. 8. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 9. MO 5709, 5710, 5711 approving amendments to each of the towing services contracts to (143.- ' provide that the City shall receive 33.3% of all fees for vehicles impounded or forfeited 004) per Sec. 14602.6 and 14607.6 of the Calif. Vehicle Code. (A3304, 3305 & 3307). 10. MO 5712 approving Change Order No. 1 to contract with Elkins Construction for the (085- Boy's & Girl's Club locker roost remodel, for an increase of $6,260.86, CP94-35, 011) A3591. 11. MO 5713 rescinding MO 5547, concerning an exchange of land between Dana Hollinger (092- and the City, as the need for the lot line adjustment no longer exists. 011) 12. See Itern 18. 13. See Item 19. 14. MO 5714 approving agreement with Counts Unlimited for city-wide traffic volume (136- counting, not to exceed $9,000, CP94-30, A3646. 051) 15. Res 18797 and 18798 approving Payroll Warrants and Claims & Demands. Hodges (086- abstain #908337 & 908451. 014 ) 16. MO 5715 awarding contract for street parkway improvements at Palm Canyon Drive and (136- Via Lola, CP95-08, G & M Construction $34,310.43. A3647. 029 ) 17. MO 5716 approving Settlement Agreement, effective March 1, 1996, the case of ( , Rodriguez vs. City of Palm Springs, Case No. I-70151, Superior Court of Riverside 005 ) County. It was moved by Hodges, seconded by Spurgin, and unanimously carried, that Minute Orders 5709 through 5716 and Resolutions 18797 through 18798 be adopted;, Hodges abstaining on Warrants as noted above. Gii Council Minutes 3-20-96, Page 12 18. DEMUTH PARK - PACIFIC BELL LEASE Recommendation: That the Council approve a ground lease of 360 sq. ft of DeMuth Park, with Pacific Bell Mobile Services, to allow it to install communication equipment to improve the quality of cellular phone transmission in Patin Springs for Pacific Bell users, A. Director of Parks, Recreation & Golf Course responded to Council questions, stating that there is not a specific number of lights for the soccer fields, however, the post is positioned so as to cover five fields, and the final decision will be with the Planning Department; that there are no costs to the City for installation or hookup of the lights, but it will pay the utility consumption charge; and he was not certain as to whose insurance covers maintenance on the pole. He also stated that the city currently receives $6,000 for one location and $7,200 for a second location at Sunrise Plaza, also under lease to L.A. Cellular and Pacific Bell; that the Commission considered a rental increase, but felt the pole installation costs, ranging from $8,00-12,000, offset au increase in rent, and the pole becomes the property of the City, at the end of the lease. It was moved by Spurgin, seconded by Oden, and unanimously carried, that this matcer be continued to April 3, 1996, and staff provide additional information concerning the liability of the pole, how city is protected, and whether there is enough power to serve the pole. 19. AIRPORT TERMINAL - PACIFIC BELL LEASE Recommendation: That the Council approve a ground lease of approximately 400 sq. ft. of Airport Terminal Building roof space, to allow it to install communication equipment to improve the quality of cellular phone transmission in Palm Springs for Pacific Bell users, A ' In response to questions by Council, Director of Aviation stated his understanding that the company desires to ultimately have four locations in close proximity to get the type of coverage it desires; drat the area in question at the Airport is on the roof of the building; that he did not realize there were improvements that were being provided in the other lease, otherwise, he would have considered a higher rent - perhaps as much as $1,000 per year more; and the Council may wish to refer it back to staff for renegotiation. Mayor staled that he also wishes to have more information as to the aesthetics, and the sensitivity of design as it relates to the total Airport environment, including a site plan, height proposal, and location of the tower. It was moved by Barnes, seconded by Spurgin, and unanimously carried, that this matter be continued to April 3, 1996, pending further negotiations, and for details as specified by the Mayor. ADDED STARTERS: Norte REPORTS & REQUESTS: CITY COUNCIL reports or requests ' a) Mayor asked for Councilmembers to indicate the board/commission subcommittee they wish to serve on for the upcoming selection process, and to either notify the City Clerk or City Manager. b) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting. (109- 005) (051- 026) C� Council Minutes 3-20-96, Page 13 PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further business at 10:40 p.m., Mayor declared the meeting adjourned. ' JUDITH SUMICH City Clerk