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HomeMy WebLinkAboutItem 3A - Public CommentFrom:Jeffrey B. To:Lisa Middleton; Grace Garner; Dennis Woods; Geoff Kors; Christy Holstege Cc:Jeff Ballinger-C; Justin Clifton; City Clerk; Naomi Soto Subject:Measure J Oversight Commission Date:Wednesday, May 11, 2022 12:56:06 PM Attachments:Screen Shot 2022-05-11 at 12.19.40 PM.png NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Honorable Mayor, Mayor Pro Tem, Councilmembers, City Manager Clifton, City Attorney Ballinger, The Measure J Oversight Commission remains concerned that it has not been allowed to perform the functions of the Commission as detailed in the Palm Springs Municipal Code (included below). This Commission is designed as an Oversight and Advisory Commission, making recommendations, but with limited actions voted by the Commission per the Measure J ordinance. Prior to 2020 the Commission successfully performed its’ obligations with City Council through the difficult budget process. We feel there is some confusion as to our prescribed roles and realized it would be helpful to detail how this worked prior to 2020. I'm happy to elaborate on anything. Our goal is to be of the best possible service to the Council and the community. 2019 In the fall, the Finance Director would present the proposed Measure J budget estimate for the following fiscal year. There was a 'roadmap' for the year (a copy which is included below) Concurrently, Engineering would present a list of projects for consideration which would be reviewed over the next six months, with some pre-determined by City Council. $1,000,000 annually was set aside for Community Initiated Projects for recommendations as directed by the City Council in Section 2.50.050(3). Towards the end of the fiscal year, the Finance department would also advise if there were any excess funds from the current fiscal year to be carried over to the available funds for the upcoming year. In May of each year there would be a joint meeting with City Council, where the Commission would present their recommended projects for the upcoming fiscal year as prescribed in Section 2.59.050(2)(a). Staff and engineering would also present their proposed projects which often, but not5/12/2022 Public Comment Item 3A always, were the same as the Commission’s recommended projects. City Council would then make the final decisions. 2020 When the pandemic hit in spring 2020, all Measure J projects were suspended or cancelled, and allocated dollars were moved to the General Fund. In August 2020, some Measure J funds were reinstated, and City Council voted to allocate them to the Downtown Park. 2021 September 2020 through May 2021, the Commission discussed the tabled projects. By May 2021 there was $7.2 million in unallocated funds from FY 2020-21 and a projected $16.5 million in available funds from FY 2021-22, totaling $23.7 million. The Commission recommended projects totaling $10.5 million, leaving $13.5 million in Measure J unallocated funds. There was no joint meeting with the City Council. The Assistant City Manager presented this at the May 27, 2021 City Council Meeting without following what is prescribed in Section 2.59.050(2)(e). City Council indicated they wanted to review all Measure J projects and the full budget to ensure it followed Council policy direction. A September 2021 joint meeting was mentioned but did not occur. Again, this is not following the spirit of the ordinance as prescribed in Section 2.59.050(2)(e). Unrelated to the budget process, the Commission is required to approve the Annual Measure J Audit normally provided by December 31 of the proceeding fiscal year. This never occurred as prescribed in Section 2.59.050(2)(c) 2022 The Commission did review Community Initiated Projects. We operated with the assumption that there was $1 million for each of FY 2020-21, 2021-22 and 2022-23 from which to provide recommendations. We have made recommendations, some of which are still pending input from Engineering or other Departments. There are some Community Initiated Projects which required significant funds exceeding the annual $1M fiscal year allocation. The Commission has recommended that several of these be considered as part of the ‘regular’ Measure J funds when that discussion occurs, e.g., pickleball courts, Plaza Theater, etc. 5/12/2022 Public Comment Item 3A The Commission has not been provided the opportunity to make recommendations for the $17.6 million in currently allocated funds through 2021-2022 fiscal year, nor the projected Measure J funds from 2022-2023. We assume this totals more than $35 million. This authority is prescribed in 2.59.050(2)(a). The entire Commission has been very vocal at our meetings, and in correspondence with Staff and City Council about the need for greater input and direction from City Council since the summer of 2020, when we knew Measure J revenue was coming in, even with the pandemic going on. The commission has not had a joint meeting with City Council since May of 2019. There is a great deal of funds available for programming, either for current projects or set aside for future projects. We understand that we may be given the opportunity to do so over the next few months, and welcome this. Sincerely, Jeffrey Bernstein Chair, Measure J Oversight Commission From the Palm Springs Municipal Code: 2.59.050 Powers and Duties of the Commission. A. To the extent permitted by law, the Measure “J” Oversight Commission shall review all projected revenues and recommended expenditures for the funds generated by Chapter 3.22 of this Code and shall make recommendations to the City Council within time limitations as may be established by the City Council. The Commission shall have the following powers and duties: (1) Establish a schedule of regular meeting times; (2) Hold meetings and make recommendations to the City Council regarding: (a) Programs and projects proposed to be funded in whole or in part by Measure “J” revenues and priorities; (b) Oversee and monitor expenditures of all Measure “J” funds, after the City Council has approved any program or project with Measure “J” funds; (c) Review the annual independent audit of revenues received by and expenditures5/12/2022 Public Comment Item 3A from Measure “J” funds prior to the audit’s presentation to the Council; (d) Review the Director of Finance’s estimate of Measure “J” revenues for each fiscal year prior to Council adoption of the annual General Fund Budget; (e) Request public hearings with the City Council; (f) Implement a CDBG or other reasonable application review processes, to review proposed expenditures of Measure “J” revenues and make recommendations to the City Council. (3) Perform such other duties as the City Council may assign. B. The actions and recommendations of the Measure “J” Commission shall be reported through appropriate city communication devices and methods provided or maintained by the City Manager for the dissemination of information to the residents of the City. (Ord. 1796 § 1, 2011) 5/12/2022 Public Comment Item 3A 5/12/2022 Public Comment Item 3A