HomeMy WebLinkAbout6/19/1985 - MINUTES 39�i
CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 19, 1985
A Regular Meeting of the City Council of the City of Palm Springs,
was called to order by Mayor Bogert, in the Council Chamber, 3200
Tahquitz-McCallum Way, on Wednesday, June 19, 1985, at 7:30 p.m.
ROLL CALL: Present: Councilmembers Birer, Foster, Maryanov and
Mayor Bogert
Absent: Councilman Smith
The meeting was opened with the salute to the Flag and a moment of
silence.
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Maryanov, and unanimously
carried, Smith absent, that the Minutes of May 15, 1985 &
March 6, 1985, Revised Page 10, be approved.
PRESENTATION OF AWARDS:
Employee recognition awards were presented to: Mary Fahr,
Community Services Department (Library Division) ; Gary Gray,
General Operations Department (Wastewater Treatment Plant) ;
and Judith Sumich, City Manager' s Office (City Clerk).
COUNCIL COMMENTS: None
PUBLIC HEARINGS:
1 . PUBLIC NUISANCE ABATEMENT - SEWER/2175 E. RACQUET CLUB ROAD
Consideration of appeal from posting of public nuisance for
non-compliance of mandatory sewer connection.
Building & Safety Director reviewed his report, and stated
that the appeal was filed by the attorney for the owners,
which cited lack of time in which to make the connection; (57)
and that the standard series of sewer connection notices,
commencing in January, 1985, were sent, to which there was
no response in this case, and there has been approximately
an additional 30 days since the receipt of the appeal .
Mayor declared the hearing opened; there being no appearances,
the hearing was closed.
It was moved by Birer, seconded by Foster, and unanimously
carried, Smith absent, that the appeal be denied, and the
posting upheld, and that the property be connected to the
sewer within 30 days from this date.
PUBLIC COMMENTS:
a) Jeremy Crocker, 330 W. Arenas, co-signer of citizen group
report of its review of the 1985-86 budget; stated that
the proposed budget, notwithstanding interfund transfers,
indicates there will be a shortfall of approximately
$949,000; that projections for the end of the year show
an increase in revenue balances over the ending balance
at the beginning of the year; that needed savings could
be accomplished through an across-the-board 3% cut; that
the group would like staff critique of their view,
including comments regarding reductions, and if the Council
does not change the proposed budget, they will refer
to the position that such changes are not needed.
39b
Council Minutes
6-19-85 Page 2
b) George Goldberg, commented on the budget as it relates
to the Building Division, and questioned the need for
contract planchecker vs. in-house staff, need for
attendance at ICBO conferences and his view that membership
alone is sufficient, car allowances, and need for the
building inspector for the Desert Fashion Plaza.
c) Joe Neeves, 2395 W. Acacia, questioned extension of the
Airport runway, and the effect it will have on residences
at the north end of it, in terms of noise. It was noted
that this project has been under consideration for quite
some time, and one of the reasons for it is to be able
to lower noise impacts throughout the City. Mr. Neeves
was requested to contact City staff for specifics.
d) Jim Stewart, 900 Paseo E1 Mirador, commented on the
"product" Palm Springs sells in terms of tourism, and
suggested a special task force to address ways of enhancing
it.
LEGISLATIVE ACTION:
2. 1985-86 BUDGET
Consideration of various actions relative to adoption of
1985-86 budget and matters related thereto.
City Manager reported that decisions to close the revenue
expenditure gap can be accomplished through reducing service
levels or cutting costs, or increasing revenues, or a combina-
tion of both; that, administratively, effort will be made
to reduce costs and provide the same, or better level of
service; that the Council will be looking at cutting costs
and increasing revenues; that the FLSA (Fair Labor Standards
Act) will now apply to cities, and will result in a windfall
of millions of dollars for employees, which were not negotiated
in meet and confer processes, and will cost Palm Springs
about $500,000 next year; that it may apply retroactively
to April 15, and employees, even if they want to, will not (61 &
be able to work overtime without overtime pay; that the Act 110 )
does not apply to management; that there could be a 6-10%
windfall in salaries for certain employee groups; that most
of the revenue gap has been caused by actions of the federal
government, e.g. , elimination of revenue sharing and the
FLSA; that he was pleased citizens had read the budget and
offered comments; that a response would be forthcoming; that
the Council may make changes as it wishes; that some areas
relate to policy questions, and accuracy of the figures;
that he stands behind those, i .e. , as the figures relate
to the revenue gap; that a significant cause of the problem
relates to the insurance costs, i .e. , $850,000, comprised
of repayment of a dividend and $580,000 In increased rates.
He noted listing of changes requested by Council during the
budget study session.
In answer to question by Council , City Manager stated that
Mike Fife, CVB, provided answer to questions raised by Council ,
in that action was taken last week to provide a total increase
in compensation for two contract employees of about 12%;
and that the accrued vacation time for Mr. Hanlon and Mr.
Fife equal approximately $44,000 and $25,000 respectively.
1 - e 3`1,F
Council Minutes
6-19-85 Page 3
2. 1985-86 BUDGET (Continued)
Councilman Maryanov expressed concern about action taken
by the CVB on salaries for employees, since a study was
commenced last year for the entire CVB, which included a
committee comprised of CVB and City staff and two CVB and
Council members, of which he is a member; that the study
had been delayed, but he understood that there would not
be any action until it was received; that the CVB has said
that if the budget were cut, it would have to take a hard
look at its budget, yet its first action is to raise salaries,
rather than looking at reducing costs; that he recommended
cutting the budget to $1 .5 million, and have the CVB re-examine
its budget, starting with salaries. He stated that, in his
opinion, the final result is not the work program, but the
charge of the CVB to "collect" the tax and promote the product;
that for two years the Council was told that the tax revenue
was going up, and it should budget more to create more; that
it is now being said that it is going down, and more should
be budgeted to create more; that he did not think the CVB
was credited for the increase in prior years, not blamed
for the decrease; that the CVB must take a look at its budget
and the amount it has to spend.
Councilman Birer, also a member of the above referred to
committee, stated that he was surprised at the action relative
to the two contract employees, without waiting for the results (61 &
of the study; that he agreed with Mr. Maryanov, with under- 110 )
standing that the CVB look again at what is is doing and
where it is going.
Resolution 15553, approving continuing appropriations from
1984-85 into 1985-86; and Resolution 15554 adopting the budget
for 1985-86, limiting CVB allocation to $1 .5 million, were
presented; after which, it was moved by Maryanov, seconded
by Birer, and unanimously carried, Smith absent, that Resolu-
tions 15553 and 15554 be adopted.
Councilman Maryanov stated that municipal accounting is the
most complex accounting discipline, and it is appreciated
that citizens took the time to examine the budget, but it
is understandable if their findings are confusing in terms
of the shortfall and lumping funds together, or recognition
that employee raises are a result of existing multi-year
agreements with various units, and similar increases were
given to management; that an across-the-board cut is
simplistic, and he would not want to arbitrarily cut 3% of
police or fire, which represent one-half of the General Fund.
City Manager stated that an answer was needed from the CVB
relative to whether salary increases were given to other
employees in addition to contract employees; and if the Council
desired to meet with the CVB in study session, perhaps it
could start the session at 2 p.m.
Maryanov and Birer were in agreement that the vacation amount
should be paid and eliminated from the books; that the Board
should address executive leave and vacation policies; and
that the person in charge must do a great deal of travelling
related to the job, and should be available and not on extended
vacations.
Council Minutes
6-19-85 Page 4
2. 1985-86 BUDGET (Continued)
City Manager outlined other budget related matters; after
which, Resolution 15555 approving MOU with Fire Safety Unit
relative to health insurance; Resolution 15556 adopting the
Allocated Positions & Compensation Plans; and Resolution
15557, approving agreements for group health insurance, LTD
and STD, and city contributions thereto, were presented;
after which, it was moved by Birer, seconded by Maryanov,
and unanimously carried, Smith absent, that: Resolutions 15555
through 15557 be adopted.
3. P.D. 147 - FINAL DEVELOPMENT PLANS/SIGN PROGRAM
Recommendation: That the Council approve Desert Fashion
Plaza Mall identification and directional signs; and the
main signs for Saks and I . Magnin shores, subject to
conditions.
Planning Director reviewed report of Director of Community
Development, and stated that pursuant to discussions at the (116)
last study session, if the I . Magnin sign is lowered, it
probably will have to be relocated to the flat side of the
building, in order to make it work with the architecture.
Resolution 15558, approving the sign program, was presented;
after which, it was moved by Foster, seconded by Maryanov,
and unanimously carried, Smith absent, that Resolution 15558
be adopted, subject to additional condition that the I . Magnin
sign shall not be mounted at a height on the building greater
than 28 feet.
4. MUNICIPAL CODE AMENDMENT - ABANDONED VEHICLES
Recommendation: That the Council amend the Municipal Code
to repeal Chapter 11 .80 and re-enact same to incorporate
new regulations relative to abandoned vehicles.
Director of Community Development reported that the regulations
do not include public rights-of-way, which are addressed
in other provisions of State Law, and that the Council raised (103)
a question at the study session relative to "inoperative
vehicle. "
City Attorney distributed memorandum relative to providing
a definition, a copy of which is on file with the City Clerk,
noting that the Vehicle Code does not contain a definition
of the term, and should the term later be defined by the
State Legislature, it would not be desirable to have a
different; definition for local purposes. He stated that
two possible definitions were developed, in the event the
Council desired to include such in the Ordinance.
Councilman Birer stated that he had raised the question,
and withdrew his concern.
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING CHAPTER 11 .80 OF THE PALM SPRINGS MUNICIPAL
CODE AND RE-ENACTING SAME, DECLARING ABANDONED VEHICLES
TO BE A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT.
It was moved by Birer, seconded by Foster, and unanimously
carried, Smith absent, that further reading be waived, and
the Ordinance be introduced for first reading.
Council Minutes
6-19-85 Page 5
5. ECONOMIC DEVELOPMENT - MARKET STUDIES & ACTION PLANS
Recommendation: That the Council approve developing a contract
with The Land Economics Group, in association with ROMA Archi-
tects, not to exceed $22,610, to complete a market study
and action plan program. This item was reviewed in detail (85)
at the last study session. A brief report was given by the
Economic Development & Housing Coordinator.
Min Ord 3600 authorizing contract, as recommended, was
presented; after which, it was moved by Maryanov, seconded
by Foster, and unanimously carried, Smith absent, that Minute
Order 3600 be adopted.
6. SURPLUS PROPERTY - SALE OF 1950 GENE AUTRY TRAIL
Recommendation: That the Council approve the sale of
city-owned property at 1950 Gene Autry Trail , to A. Sanchez,
and authorize escrow; property previously declared surplus.
Report reviewed by Director of Community Development.
City Attorney reviewed proposed language to add to the resolu-
tion, which would be a counter offer, to make the sale subject
to buyer executing a covenant that neither buyer nor any
successor in interest will make a claim or sue the City arising
out of matters related to the Gene Autry Trail Bridge; and
that the counter offer would have to be accepted by the buyer.
Director of Community Development reported that agent for
the buyer indicated that unless response was provided to (117)
the contrary before the meeting this date, the condition
was acceptable.
Resolution 15559 authorizing sale, as recommended and subject
to said covenant, was presented; after which, it was moved
by Foster, seconded by Maryanov, and unanimously carried,
Smith absent, that Resolution 15559 be adopted.
7. COMPUTER - PAYROLL SOFTWARE
Recommendation: That the Council approve purchase of a payroll
software package from Tamas & Associates, Inc. , in amount
of $13,000; and amend the budget to appropriate $13,000,
therefore. This item was reviewed in detail at the last
study session. Director of Finance gave a brief report. (117)
Minute Order 3601 , approving the purchase, and Resolution
15560, amending the 1984-85 budget, were presented; after
which, it was moved by Maryanov, seconded by Foster, and
unanimously carried, Smith absent, that Minute Order 3601
and Resolution 15560 be adopted.
Council Minutes
6-19-85 Page 7
CONSENT AGENDA:
8. Res 15561 establishing appropriations limit: for 1985-86 in
accordance with Art. XIIIB of the California Constitution. (61 )
9. Min Ord 3602 awarding purchase to furnish & install carpet in
new Police Building to Perry Moore III , in amount of $38,861 . (117)
10. Min Ord 3603 awarding purchase of a three-wheel electric lift
truck to Freeborn Equipment Co. , Inc. , in amount of $9,038.39. (84)
11 . Min Ord 3604 awarding purchase to furnish and install six gas
unit heaters to Utility Air Conditioning, Inc. , in amount of
$7,772. (84)
12. Res 15562 appropriating into Reserves, the unappropriated fund
balances in designated City operating and capital project funds
for future operations or projects. (61 )
13. Min Ord 3605 awarding purchase to electrostatically paint office
furniture to Wilson & Hampton, in various unit; prices (Estimate:
$9,458). (84)
14. Min Ord 3606 approving Change Order #8, to increase contract
with Kiewit Pacific; Company, by $32,974.02, for cogeneration (52)
plants - Agr #2043.
15. Res 15563 amending 1984-85 budget to transfer $8,500 from Retained
Earnings, to Airport Development Land Acquisition, to cover (61 )
final project costs related to Parcel 0.
16. Min Ord 3607 approving Amendment #1 to A1953 with Fischer &
Porter Company, to extend contract for Wastewater Treatment
Plant instrumentation maintenance, for two ;years, at a total (127)
contract price of $34,700.
17. Res 15564, 15565, 15566, and 15567 approving Payroll Warrants (86)
and Claims & Demands.
18. Min Ord 3608 approving letter agreement with Sentient Systems,
Inc. , for organization development program for 1985-86, in amount (110)
of $21 ,675.
19. Res 15568 amending the budget to appropriate $20,000 to cover
City Attorney contractual services for remainder of fiscal year (61 )
1984-85.
20. Res 15569, 15570, 15571 , 15572 relative to Engineer' s Reports,
and intent to reform Street Lighting Maintenance Districts 1 (56)
and 2, and setting hearings for July 24, 1985.
21 . Res 15573, 15574 and 15575 accepting partial repayment of loan
approved by Res. 14968, leaving a balance of $33,000; granting
loan of $67,000 to CRA to provide funds for 1984-85 administrative (124 &
costs for five redevelopment project areas; and amending the 61 )
budget to appropriate the funds, therefore.
It was moved by Fester, seconded by Birer, and unanimously
carried, Smith absent, that Resolutions 15561 through 15575
and Minute Orders 3602 through 3608 be adopted.
Council Minutes
6-19-85 Page 8
22. FPM 20358
Resolution 15576, approving FPM 20358 to combine property
on the NE corner of East Palm Canyon and Ferrell Drive,
Mainiero/Kenneth Rattner, was presented; after which, it
was moved by Foster, seconded by Birer, and unanimously (119)
carried, Smith absent, that Resolution 15576 be adopted.
REPORTS & REQUESTS:
23. CITY COUNCIL reports or requests
a) At request of Mayor, staff was directed to study and
report the possibility of an ordinance to regulate the
number of cars which can be parked at a residence.
24. PUBLIC reports or requests - None
25. STAFF reports or requests - None
ADJOURNMENT
There being no further business at 9:30 p.m. , Mayor declared
the meeting adjourned.
JUDITH SUMICH
City Clerk