HomeMy WebLinkAbout6/4/1986 - MINUTES CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
JUNE 4, 1986
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 4, 1986, at 7:30 p.m.
ROLL CALL: Present: Councilmember Apfelbaum, Birer, Foster, and
Smith
' Absent: Mayor Bogert
The meeting was opened with the Salute to the Flag, and a Moment of
Silence.
COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned
for the purpose of convening as the Community Redevelopment Agency.
APPROVAL OF MINUTES:
It was moved by Foster, seconded by Birer, and unanimously
carried, that the Minutes of April 29, 1986 be approved.
PUBLIC HEARINGS:
1 . 1986-87 BUDGET
City Manager reported that without a tax increase of some sort,
or a reduction of expenditures, the City faces a $2. 5 million
shortfall in the operating funds; that taxes support about
$22 million, and his recommendation is to impose a 3% utility
tax. He stated that this matter was brought to the Council
last year when it was reported that circumstances had changed
' and there would be an approximate $2 million deficit for 1986-87,
with a projected $3 million deficit for 1987-88; that
subsequently, the Council adopted actions relative to revenues (61 )
and directed staff to develop alternatives the Council could
consider in making its decision; that the problems are
essentially the same, i .e. , insurance over a two-year period
increased by $1.5 million (difference between premiums and
funding for reserves) ; loss of Revenue Sharing - $800,000,
previously used solely to help fund police operations; decline
in room tax revenue; $80,000 increase for police services during
Easter Week; reduced interest earned income - $250,000; and
$100,000 impact of FLSA. He stated that in 1984-85 the City
operated at a $300,000 surplus; that the City is 25% larger
than it was in 1978, but the city employee population has only
increased 12-13% since that time, and services have increased
about 50% of the rate of growth; that police personnel has
increased 16-17% during that time, with a 10% increase in
other departments, with three departments actually having fewer
employees than they had in 1978; that about 1/3 of the operating
funds cover police and fire services; that about 75% of the
tax revenue comes from three sources, however, those are not
expanding at the rate of inflation or the rate of growth in
the community; that the Council has the information as to
alternatives, and he believes the utility tax is the most
' practical and available solution for the long term problem,
and in the best interest of the health of the City and its
citizens. He stated that possible areas for exemption for
low income persons can be examined, and standards set by the
Council Minutes
" 6--4-86 Page 2
1. 1986-87 BUDGET (Continued)
Council to qualify for an exemption. He reported that the
Council has received expenditure reduction alternatives
designated as Category I and Category II ; that the Category I
items produce a potential $500,000 in cuts that could be made
which would be tolerable, but would have a negative impact
on the City, and that Category II items represent all of the
Category I items plus cutbacks in City services to resolve
the entire $2.5 million; that the Category II would result
in reduced service levels that would be detrimental to the
health of the community, and severely hamper the City' s future;
that 50 positions would be eliminated; that cuts would be on
an average of 10-11% from all departments supported by tax
funds; that one fire station would have to be closed, fifteen
police officers cut, CVB substantially reduced, administration,
planning, and accounting all reduced, as well as streets and
park maintenance.
Mayor pro tem stated that the problem is not new, and the Council
has reams of materials, and the purpose of the hearing was
to receive comments by the public; after which, he declared
the hearing opened.
Deyna Hodges, 2122 E. Baristo, stated that the downtown foot
patrol and merchants watch programs were a direct result of (61 )
a citizens task force, and she would not like to see police
and fire services reduced as suggested; and that the community +
has worked hard to achieve where it is today, and all of its
positive efforts should not be undone.
Jeremy Crocker, 330 W. Arenas Road., stated that the City has
large reserves in the Enterprise Funds, which remain static, ,
and those should be drawn upon during times of emergency; that
there are different philosophies in terms of the impact of
increasing or reducing taxes on the income on which it applies
and whether that impact results in an increased or, diminished
revenue base; that renter' s will have to play the tax,; that
he will make recommendations for suggested costs in particular
departments, and he believes it might be possible to cut
positions differently, and over or under market wage needs
to be looked at. He stated that errors have been made which
have reduced business and caused it to go elsewhere, and that
trend needs to be examined, as well as looking at the Palm
Desert philosophy of attracting more, taxing less, and spending
less by the City.
Frank Wiskowski , 2341 Via Laurel , suggested that the City fight
efforts to change the hospital to a private hospital and the
room tax be applied to the hospital room charge.
Howard Lapham, 577 E. Sunny Dunes, submitted a package of
material containing comments and questions,and read the cover
transmittal letter (refer to City Clerk' s Office). He suggested
that the hearing remain open.
George Goldberg commented on the expansion of the City, and
stated that cutbacks should be made in City Hall , in terms '
of size and number of employees. He also stated that he has
not paid for waste disposal services because he has not had
the service, and if he did receive it, he would pay for it;
and also questioned if a lawsuit, in addition to the two against
him, is necessary.
Council Minutes
6-4-86, Page 3
1. 1986-87 BUDGET (Continued)
Charles McFall (?), Amado Road, stated that the utility tax
should be voted on by the people; and questioned if the
Convention Center will cost people more money.
Robert Bertrand, 933 Chino Canyon, protested a utility tax
from the standpoint of conservation, and suggested that the (61 )
' people vote on it; and questioned why there is not a cutback
on landscaping.
There were no further appearances, and the hearing was closed.
City Manager noted that the Council would meet on June 8 to
review the budget in detail , and the staff would welcome any
comments, or requests for information.
2. P.D. 172 - CONTRACTOR'S DEVELOPMENT CORP.
Recommendation: That the Council approve a planned development
district to allow a 79-unit apartment complex on Las Vegas
Road, between Eastgate Road and Granada Avenue, Section 34
- Kaptur/Contractor' s Development Corp.
(116)
Director of Community Development reviewed his report, and
stated that this matter was reviewed at the last study session,
and clarified that a plan will be required as part of the final
development plans to show how rentals will be retained for
low and moderate income families.
Mayor pro tem declared the hearing opened; there being no
appearances, the hearing was closed.
' Councilman Foster requested that the colors used on the project
be reviewed.
Resolution 15885 approving P.D. 172, as recommended, was
presented; after which, it was moved by Birer, seconded by
Apfelbaum, and unanimously carried, Bogert absent, that
Resolution 15885 be adopted.
3. P.D. 177 & TPM 21324 - WILLIAM CUMMING
Recommendation: That the Council approve a planned development
district, and Tentative Parcel Map, to allow a 40-unit mobile
home development on the south side of the west end of Mesquite
Avenue, Section 22 - Expo Enterprises. (116)
Planning Director reviewed report of Director of Community
Development, and stated that there is a civil dispute regarding
an easement between the property and Parkview Mobilehome Park,
however, it is not a valid concern of the City; that all property
above the 500 ft level would come back to the City for approval ;
that the applicant wants to leave open the possibility of
dedicating open space, until prior to the final map.
' Mayor pro tem declared the hearing opened.
Bill Cumming stated that he was available for questions.
The following people spoke in opposition to the project:
Tom Jacobsen, attorney representing the Parkview Mobilehome
Park owners, stated that the owners are not opposed to the
Council Minutes
6-4-86, Page 4
3. P.D. 177 (Continued)
park, per se, but that the easement is not enforceable under
California law; that any ingress or egress for this park must
be from some source other than Parkview; that common elements
within the park must stand on their own merits, and riot what
the other park might have to offer; that sewers must be through
public streets and not from Parkview interior streets; that '
the street within the proposed park should end in a cul -de-sac,
and not be shown to tie into Parkview through what he believes
to be an invalid access; and that public utilities and other
access must be outside of Parkview. (116)
J. R. Lister, 711 Scenic View Drive, opposed the one street
access, and expressed concern that the tenants of the proposed
park might use the amenities of Parkview if they have access
through it; that it is a dead-end, and it would be tacit approval
to enter and use Parkview facilities; that it was his
understanding that the plan was to be revised to show a
cul-de-sac; that he questioned if the size of the project met
code requirements; and questioned if the plan calls for a
swimming pool .
Simon Hausman, attorney for developer, stated that most comments
relate to the easement, and whether it is enforceable, Parkview
should obtain a genuine opinion on the matter; that the document
submitted by its attorney is not complete;, and was amended
in 1977 and the Parkview attorney has that amendment; that
the property owner has the power and right to use the road;
that it is not a dead-end street; that the street exists in
a paved state, and was carved out in 1966; that a swimming '
pool is included; that the project has a lower density than
allowed by code, or that of Parkview; that the site contains
30 acres; that the developer is comfortable with the requirements
imposed, with the exception of the equestrian path; and that
the project has been designed for the safest: and best use of
the land.
Tom Jacobsen stated that there is nothing to litigate at this
point; that Parkview will not permit access unless ordered
to do so by a court; that the documentation provided was to
show language in question, and not an attempt to mislead the
Council .
Mr. Oshinsky, 611 Cameo Drive, stated that if the additional
units used the same road as Parkview, it would not be safer
in terms of emergency exiting.
There being no further appearances, the hearing was closed.
Councilman Foster requested that flood control concerns be
responded to by the next meeting.
Planning Director stated that the Fire Department recommendations
include certain development conditions; that it would not be
difficult to install a cul-de-sac; that the second access was '
in response to request of the City, rather than a design issue
developed by the architect and engineer working on the project;
and that the result might be less units. He also stated that
the recreation amenities meet code requirements; that there
is a 10-ft setback on Mesquite because of the unique character
of the dead end on Mesquite, and pulling the trai1head to this
point. He stated that there was no question on the part of
staff or the City Attorney that the easement issue is a civil
matter.
Council Minutes
6-4-86, Page 5
3. P.D. 177 (Continued)
It was moved by Foster, seconded by Birer, and unanimously
carried, Bogert absent, that this matter be continued', pending
clarification of the following: a) dedication of open space; (116)
b) elevation of sites in the SW corner; c) flood potential
on the site, as well as adjacent property; and d) resolution
of the cul-de-sac question.
PUBLIC COMMENTS:
a) Tuck Broich, 1130 Manzanita, recommended that the Council
dissolve the CVB, and establish a commission in-lieu of
it, answerable to the Council .
b) Marilyn Gellis, 1472 San Jacinto Way, presented photographs
and a petition, which are on file with the City Clerk,
relative to what appears to be a commercial use of
residential property at 1324 San Jacinto, including
publication of a fictitious name.
c) Darlene Lackowitz, 2015 Bob '0 Link, presented a petition
regarding the Water Park noise, hours of operation, and
landscaping. Refer to City Clerk' s Office.
LEGISLATIVE ACTION:
4. POLICE TRAINING (Ord reintroduced 5-21-86)
City Clerk read title of Ordinance 1265, repealing Chapter
2.44 of the Municipal Code, and amending and readopting such
' provisions in an uncodified form relative to recruitment,
selection and training of Police personnel to establish (103)
eligibility for State funding.
It was moved by Foster, seconded by Birer, and unanimously
carried, Bogert absent, that further reading be waived, and
Ordinance 1265 be adopted.
5. PERS CONTRACT AMENDMENT
Recommendation: That the Council declare intent to amend its
contract with the Public Employees' Retirement System, introduce
Ordinance to accomplish the amendment, and se't hearing for
June 24, 1986, relative to providing single-highest year for (110)
computation of retirement benefits for Police Safety Unit,
per approved Memorandum of Understanding.
Personnel Director reviewed Memorandum of City Manager, and
stated that the cost will be $1 .382% of Police Safety employees'
payroll .
City Clerk read title of the Ordinance as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
' COUNCIL OF THE CITY OF PALM SPRINGS AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
Resolution 15886, declaring intent to amend the contract, was
presented; after which, it was moved by Apfelbaum, seconded
by Foster, and unanimously carried, Bogert absent, that further
reading of the Ordinance be waived; that Resolution 15886 be
adopted; and that the Ordinance be introduced for first reading.
Council Minutes
6-4-86, Page 6
6. P.D. 153 - FINAL PLANS
Recommendation: That the Council approve final development
plans for Mesquite Country Club, relative to equestrian trail ,
bikeway, phase 4 property line wall ., driving range landscaping,
and maintenance agreement. This item was reviewed in study
session, and no further report was given. (116)
It was the consensus of the Council that this matter should
be continued until the following issues are resolved: a)
clearly defining the equestrian trail ; and b) plan to preserve
the Palo Verde grove area.
It was moved by Foster, seconded by Birer, and unanimously
carried, Bogert absent, that this matter be continued, pending
resolution of the above issues.
CONSENT AGENDA:
7. MO 3750 approving amendment #6 to Agr 1518 with Golden West
Building Management Company, to extend the term of the agreement (117)
to June 30, 1987, and establishing new monthly rate of $5,806.27.
8. MO 3751 approving purchase of all labor and materials from Desert
Underground, to raise manhole covers, as necessary, in the amount (136)
of $195 each, through September 30, 1986.
9. MO 3752 ratifying City Manager approval of proposal by Engineering
Consulting Services, to conduct a feasibility study for off-peak (139)
cooling at the Convention Center, in amount of $9,500 - Agr 2317.
10. Res 15887 amending the 1985-86 budget to record an interfund
transfer from the General Fund to the Facilities Maintenance (El )
Fund, in amount of $58,817.
11. MO 3753 awarding contract to Massey Sand & Rock Co. , for the
Municipal Golf Course maintenance building area improvements (92)
and cart path alignment revisions, in amount of $44,500 - CP
85-35, Agr 2318.
12. Res 15888 amending the Comprehensive Fee Schedule to 'increase
non-State mandated fingerprinting fees to $3; and implement a (114)
fee for voluntary gun registration ($5) , Alcoholic Beverage Control
letter ($5) , and character reference letters ($5) .
13. Res 15889, 15890, 15891 , 15892, and 15893 approving Payroll (86)
Warrants and Claims & Demands.
14. Res 15894 accepting and establishing use of grant in amount of
$250,000, from the McCallum Desert Foundation, as a permanent (]17)
endowment for the Historical Society' s operating expense of the
McCallum Adobe and the Village Green.
15. Res 15895 and 15896 approving Engineer' s Report, and declaring
intent to set assessments for 1986-87 for Street Lighting (56)
Maintenance District No. 4, and setting hearing for June 18, '
1986.
It was moved by Birer, seconded by Apfelbaum, and unanimously
carried, Bogert absent, that Minute Orders 3750 through 3753
and Resolutions 15887 through 15896 be adopted.
Council Minutes y `.
6-4-86, Page 7
16. CONTRACTUAL COMPUTER SERVICES
Recommendation: That the Council approve an agreement with
CMSI to provide information management services and software
to the City, effective July 1, 1986; and amend the budget to
appropriate funds therefore.
Director of Finance reported that because of an antiquated
system and computer language, the City has not been able to
hire people in the Data Processing Division; that the Finance
Department has gone from four consecutive awards for reports,
to major problems in just getting out the reports; that the
DP budget will be exceeded this year because of the need to
retain consultants to assist with the systems; that the
alternatives available were to: a) temporarily use the Sperry
system to process the batch system (IBM) which is riot on-line, (117)
however, it is not working and not a viable option; b) hire
more people, pay more money, retain more consultants - that
has not proven effective; and c) approve a facilities maintenance
agreement to manage DP. He stated that CMSI has agreed to
employ existing employees, of which two will have the option
of remaining City employees and reporting to CMSI ; that the
City will own the equipment and software, and any enhancements
to it; that at the expiration of the agreement, if not renewed,
the employees can decide to stay with the City; that it would
require a 6-month transition plan; and that references of CMSI
and work it has done with other cities in California have been
checked out and found to be exemplary.
In answer to question by Council , Director of Finance stated
that a search was made to try to find software 'Co be used on
the Sperry for finance packages, but they were expensive, and
with no guarantee they would work.
City Manager stated that Sperry represented that software was
available for both the library and financial needs; however,
it was found that those for finance were not viable, and there
has been an amicable resolve with Sperry.
Assistant City Manager stated that the six year period allows
amortization cost of the software; that there may be one year
of instability, however, DP should be stable for five years
after that; that CMSI will customize all software to meet City
needs; that errors and omissions insurance coverage has been
added to the agreement; and that there will be a better service
level for less money. He stated that this type of contract
is considered a professional service, and under City Ordinance,
formal bid process is not required, but award must be approved
by the Council .
City Manager stated that the City has a history of looking
at whether to contract a particular service, and has made
decisions in both directions, as well as taking back a service
after it was contracted out; and in this case, he believed
the private market can provide it better, for less.
Minute Order 3754, approving agreement with CMSI , and Resolution
15897 amending the budget to appropriate $462,000 as recommended,
were presented; after which, it was moved by Foster, seconded
by Apfelbaum, and unanimously carried, Bogert absent, that
Minute Order 3754 and Resolution 15897 be adopted - Agr 2319.
Council Minutes
6-4-86 Page 8
17. STREET VACATION - CERRITOS
Recommendation: That the Council declare intent to vacate
undeveloped portion of Cerritos Drive, within Mesquite Country
Club, and set hearing for July 2, 1986. (145)
Resolution 15898, decllaring intent as recommended, was presented;
after which, it was moved by Apfelbaum, seconded by Birer,
and unanimously carried, Bogert absent, that Resolution 15898
be adopted.
REPORTS & REQUESTS:
18. DEPARTMENTAL REPORTS - Received & Ordered Filed
a) Treasurer' s Monthly - January & February, 1986
19. CITY COUNCIL reports or requests
a) Convention Center:
Councilman Birer reported that the Council subcommittee
designated to examine various options for the marketing
and operation of the Convention Center, reviewed its report
in detail at the last study session, and recommended that
it be approved, and work begin in terms of that concept (139)
(refer to City Clerk' s Office for report) .
City Manager reported that Rick Service, CVB asked that
he relay to the Council that the CVB is not objecting to
the intent of the report, but the form needs a lot of work.
He stated he agrees there are issues which need to be
resolved and worked through in detail . ,
It was moved by Birer, seconded by Apfelbaum, and unanimously
carried, Bogert absent, that the concept be approved, and
details be worked through.
20. PUBLIC reports or requests - None
21 . STAFF reports or requests
a) City Manager stated that it may be necessary to call a
very early meeting on June 24, to adopt the PERS contract
amendment.
ADJOURNMENT
There being no further business at 9:20 p.m. , Mayor pro tem
declared the meeting adjourned.
F
PUDITH SUMI-CH
City Clerk